EN BANC
[G.R. No. L-19022. July 31, 1962. ]
BENJAMIN P. PALOMIQUE, Petitioner, v. HON. PERFECTO R. PALACIO, ETC., ET AL., Respondents.
William R. Veto and Raymundo P. Jayme, Jr. for Petitioner.
Zosimo Rivas for respondent Woodworks, Inc.
Erfe, Espeleta & Associates for the other respondents.
SYLLABUS
1. SUPREME COURT; POWER OF COURT TO REFER TO A COURT OF FIRST INSTANCE FOR RECEPTION OF EVIDENCE, REPORT AND RECOMMENDATION; CASE AT BAR. — Where the following charges are made: (1) that petitioner violated the writ of preliminary injunction issued in this case by the Court, and (2) that petitioner filed a petition against respondent for contempt, the Supreme Court may refer the same to the proper Court of First Instance for the reception of evidence, report and recommendation.
R E S O L U T I O N
DIZON, J.:
In a petition filed on June 27, 1962 by respondent Woodworks, Inc. the charge is made that petitioner violated the writ of preliminary injunction issued in this case by "spreading, through Santiago, Multo, his general contractor, the news that he has already won in this case and on the basis of which directed Celedonio Sumido, Romulo Olino and one Vivencio to cut and gather logs from the contested area", and it is prayed that the matter be referred to the Court of First Instance of Camarines Sur for the reception of evidence, report and recommendation.
On March 30, 1962, a similar petition filed by petitioner on February 19, 1962, charging Woodworks, Inc. with contempt, was referred by us to the Court of First Instance of Camarines Sur for the reception of evidence, report and recommendation by Resolution of March 30, 1962. Up to this time, however, no such report has been submitted.
WHEREFORE, the petition under consideration is granted and the petition mentioned above is referred to the above-named court for the reception of evidence, report and recommendation.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Barrera, Paredes, Regala and Makalintal, JJ., concur.
On March 30, 1962, a similar petition filed by petitioner on February 19, 1962, charging Woodworks, Inc. with contempt, was referred by us to the Court of First Instance of Camarines Sur for the reception of evidence, report and recommendation by Resolution of March 30, 1962. Up to this time, however, no such report has been submitted.
WHEREFORE, the petition under consideration is granted and the petition mentioned above is referred to the above-named court for the reception of evidence, report and recommendation.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Barrera, Paredes, Regala and Makalintal, JJ., concur.
