EN BANC
[G.R. Nos. L-15201-02. May 31, 1963.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. POLICARPIO TIONGSON Y GARCIA, Defendant-Appellant, MAURICIO NAVARRO Y ORDILLO, Defendant-Appellant.
Solicitor General for Plaintiff-Appellee.
Manansala & Saturnino for defendant-appellant Policarpio Tiongson y Garcia.
S. B. de Leon for defendant-appellant Mauricio Navarro y Ordillo.
SYLLABUS
1. REMEDIAL LAW; INJUNCTION; WRIT OF INJUNCTION ISSUED IN CONJUNCTION WITH A MOTION FOR RECONSIDERATION OF A DECISION SHOULD BE DEEM SET ASIDE WHERE SAID MOTION HAD ALREADY BEEN DENIED. — Where the Court issued a writ of preliminary injunction to restrain the Director of Prisons from carrying out the execution of a judgment, sought to be reconsidered in virtue of a motion for reconsideration; and said motion had already been denied and the judgment had become final, the preliminary writ of injunction should be deemed set aside.
R E S O L U T I O N *
PER CURIAM:
The decision of this court in the above entitled cases promulgated on October 31, 1962 having become final and executory, the records were remanded below for execution.
It appears, however, that before said decision could be executed, counsel for defendant Tiongson filed on January 11, 1963 an urgent petition alleging therein that notice of the decision was received by said party only on that date, and praying, as a consequence, that the entry of judgment be set aside; that said defendant be allowed to file a motion for reconsideration within fifteen (15) days from January 11, 1963, and that a writ of preliminary injunction be issued restraining the Director, New Bilibid Prisons at Muntinglupa, Rizal, from carrying out the execution of the judgment already set for January 19, 1963.
Considering the peculiar circumstances obtaining the cases, this court issued the preliminary writ of injunction prayed for, and granted counsel for dependent Tiongson fifteen (15) days from January 11, 1963 within which to file a motion for reconsideration. Said motion was filed on January 31, 1963, within the extension granted to the aforesaid defendant in the resolution of this court of January 29, 1963, but the same was denied on February 7 of the same year. Notice of the order of denial was received by counsel on February 27 of the same year.
With leave of court, defendant Tiongson filed on February 28, 1963 a second motion for reconsideration, but again the same was denied on March 4 of the same year. Notice of the denial was received by counsel on the 25th of the same month and year.
The cases are again before us now upon request of the Honorable Judge Morfe of the Court of First Instance of Manila so that we may clarify the status of the preliminary writ of injunction mentioned heretofore. In connection therewith, it is the sense of this court that, with the denial of the motions for reconsideration already referred to above, the preliminary writ of injunction is deemed set aside.
Bengzon, C.J., Padilla, Bautista Angelo, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala and Makalintal, JJ., concur.
Labrador and Barrera, JJ., took no part.
Footnote
* Editor’s Note: See main decision in 6 SCRA 431.
