On March 22, 1989, the trial court issued a writ of seizure. However, petitioners refused to comply therewith. Sheriff David G. Brodett of Branch 80 of the RTC of Quezon City, reported that the petitioners prevented him from removing the subject properties from the DENR compound and transferring them to the Mobile Unit compound of the Quezon City Police Force. He then agreed to a constructive possession
of the properties. On that same day, petitioners filed a Manifestation stating their intention to file a counterbond under Rule 60 of the Rules of Court to stay the execution of the writ of seizure and to post a cash bond in the amount of P180,000.00. The trial court did not oblige the petitioners for they failed to serve a copy of the Manifestation on the private respondents. Petitioners then made immediately the required service and tendered the cash counterbond but it was refused, petitioners' Manifestation having already been set for hearing on March 30, 1989. On March 27, 1989, petitioners made another attempt to post a counterbond but was also denied for the same reason. On the same day, private respondents filed a motion to declare petitioners in contempt for disobeying the writ of seizure. The trial court gave petitioners 24 hours to answer the motion. Hearing was scheduled on March 30, 1989. On March 29, 1989, petitioners filed with the Court of Appeals a Petition for Certiorari, Prohibition and/or Mandamus to annul the orders of the trial court dated March 20, 1989 and March 27, 1989. On March 30, 1989, the Court of Appeals granted petitioners temporary relief in the form of a temporary restraining order (TRO). On September 11, 1989, the Court of Appeals converted the TRO into a writ of preliminary injunction upon filing by petitioners of a bond in the amount of P180,000.00. On March 30, 1990, the Court of Appeals lifted the writ of preliminary injunction and dismissed the petition. It declared that the complaint for replevin filed by the private respondents complied with the requirements of an affidavit and bond under Sec. 1 and 2 of Rule 60 of the Revised Rules of Court, issuance of the writ of replevin was mandatory. As for the contempt charges against the petitioners, the Court of Appeals believed that the same were sufficiently based on a written charge by private respondents and the reports submitted by the Sheriff.
On April 25, 1990, petitioners filed a motion for reconsideration of the foregoing decision but it was subsequently denied by the Court of Appeals in its Resolution dated May 18, 1990. Hence this petition. ISSUE: Whether or not the RTC was correct in the issuance of a writ of replevin and the Court of Appeals in dismissing the petition and lifting the preliminary injunction. RULING: Pursuant to Sec. 8 of P.D. No. 705, all actions and decision of the Director are subject to review, motu propio or upon appeal of any person aggrieved thereby, by the Department Head whose decision shall be final and executory after the lapse of 30 days from the receipt by the aggrieved party of said decision unless appealed to the President. The decision of the Department Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition.
- Fall '19
- Injunction, DENR, Replevin