[G.R. No. 172595, April 10, 2008]
BIENVENIDO EJERCITO AND JOSE MARTINEZ, PETITIONERS, VS. M.R. VARGAS CONSTRUCTION, BRION,
MARCIAL R. VARGAS, SOLE OWNER, RENATO AGARAO,
PROJECT FOREMAN, RESPONDENTS.
D E C I S I O N
This is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, assailing the Court of Appeals'
in CA-G.R. SP No. 89001. The appellate court's decision dismissed the petition for certiorari,
which sought to set aside the Order
dated 08 November 2004 issued by Hon. Marie Christine Jacob, Presiding Judge of
the Regional Trial Court (RTC) of Quezon City, Branch 100. The appellate court's resolution denied petitioners' motion for
reconsideration of the decision.
As culled from the records, the following factual antecedents appear:
On 5 March 2004, the City Government of Quezon City, represented by Mayor Feliciano Belmonte, Jr., entered into a
with M.R. Vargas Construction, represented by Marcial Vargas in his capacity as general manager of
the said business enterprise, for the improvement and concreting of Panay Avenue.
Pursuant to the contract, the business
enterprise commenced its clearing operations by removing the structures and uprooting the trees along the thoroughfare. Its
foreman, Renato Agarao, supervised the clearing operations.
Claiming that the clearing operations lacked the necessary permit and prior consultation, petitioners Bienvenido Ejercito and
Jose Martinez, as well as a certain Oscar Baria, brought the matter to the attention of the barangay authorities, Mayor
Belmonte, Senator Ma. Ana Consuelo A.S. Madrigal, the Department of Environment and Natural Resources and the
Philippine Coconut Authority.
The efforts of petitioners proved unsuccessful. Hence, on 10 September 2004, they filed a petition for injunction before the
Quezon City RTC. The petition named "M.R. Vargas Construction Co., represented by herein Marcial R. Vargas and Renato
Agarao," as respondent.
docketed as Civil Case No. Q-04-53687, indicated that "Respondent M.R. Vargas Construction, is an entity,
with office address at the 4
Floor, President Tower, Timog Avenue corner Scout Ybardaloza [
] St., Quezon City,
represented herein by its President Marcial Vargas and its construction foreman Renato Agarao, where they may be served
with summons and other court processes."
The petition was accompanied with an application for a temporary restraining order (TRO) and a writ of preliminary