[ G.R. No. L-1284. May 27, 1947 ] 78 Phil. 479
[ G.R. No. L-1284. May 27, 1947 ]
FEDERAL FILMS, INC., PETITIONER, VS. BUENAVENTURA OCAMPO, JUDGE OF FIRST INSTANCE OF MANILA, ET AL., RESPONDENTS. D E C I S I O N
PARAS, J.:
This is an original action for prohibition instituted by the petitioner, Federal Films, Inc., praying that the respondent Judge, Honorable Buenaventura Ocampo, be ordered to recall the writ of execution issued by him on January 9, 1947, in Civil Case No. 73256, Pablo Roman, plaintiff, vs. Federal Films, Inc., defendant, and that the respondent provincial sheriff of Rizal be required to desist from carrying the same into effect.
In said Civil Case No. 73256, Judge Jose Gutierrez David issued an order dated December 17, 1916, dismissing petitioner’s appeal therein, which order is the subject matter of an original action for certiorari instituted in this Court by the petitioner (G. R. No. L-1260), the pendency of which is invoked by the petitioner in support of this petition for prohibition. In other words, it is the contention of the petitioner that the herein respondent Judge, Honorable Buenaventura Ocampo, gravely abused his discretion or at least whimsically exercised his judgment in ordering the execution of the judgment in Civil Case No. 73256 before the final termination of said action for certiorari (G. R. No. L-1260).
Petitioner’s contention is without merit. In the first place, we have dismissed the certiorari proceeding (G. R. No. L-1260).[1] In the second place, although a preliminary injunction could have been prayed for by the petitioner and granted by this Court in said G. R. No. L-1260, to preserve the rights of the parties (section 7, Rule of Court No. 67), no such remedy was sought, much less conceded. In the absence of any such restraining order, the herein respondent Judge was of course authorized to issue the writ of execution in question.
The petition is hereby dismissed, with costs against the petitioner. So ordered.
Pablo, Bengzon, Hontiveros, and Tuason, JJ., concur.