BARROSO VS JUDGE OMELIO

GR. No. 194767, OCT. 14, 2015

FACTS:

Barroso filed a complaint for collection of sum of money, damages, and attorneys fees against
Dennis Li. The complaint includes a writ of attachment which was granted with the corresponding
attachment bond. Dennis Li, on the other hand, filed a counter-attachment bond issued by Travelers
Insurance and Surety Corporation (Travelers). Thereafter, Barroso filed a motion for approval of
compromise agreement which was granted by the Court and issued a writ of execution. Regardless of
the agreement, Dennis Li still failed to pay the sums of money and a writ of execution was returned by
sheriff unsatisfied.

An alias writ of execution was later issued against Dennis Li and Travelers based on the counter
bond filed by Dennis Li. Travelers asked a period of 7 days to validate the counter-bond, however, they
filed a separate case for Declaration of Nullity, Prohibition, Injunction and Damages which was raffled to
RTC 14. Judge Omelio of RTC 14 issued a preliminary injunction.

ISSUE:

Did the Judge Omelio committed grave abuse of discretion amounting to lack or excess of
jurisdiction?

RULING:

Yes.

Under the doctrine of judicial stability or non-interference in regular courts or judgments of a

co-equal court is an elementary principle in the administration of justice that no court can interfere by
injunction with the judgments or orders of another court of concurrent jurisdiction having the power to
grant relief sought by the injunction.

The rationale for the rule is founded on the concept of jurisdiction: a court that acquires
jurisdiction over the case and renders judgment therein has jurisdiction over its judgment to the
exclusion of all other coordinate courts for its execution and over all its incidents, and to control, in
furtherance of justice, the conduct of ministerial officers acting in connection with this judgment.

Thus, a case where an execution order has been issued is considered as still pending in court, so
that all the proceedings on the execution are still proceedings in the suit.