RULE 70 Sec 20 Preliminary mandatory

injunction in case of appeal

When may the RTC issue a writ of preliminary mandatory
injunction (PMI)?
On appeal from a judgement of the MTC, the RTC may issue a writ of
PMI upon a motion filed within ten (10) days from the perfection of
appeal.

What are the courts basis for granting a writ of PMI?

(a) defendants appeal is frivolous or dilatory
(b) plaintiffs appeal is prima facie meritorious

Dayao vs Shell Company Phils. Ltd

G.R. No. L-32475 April 30, 1980
Ruling:
The original complaint showed that Shell's cause of action was
predicated on Dayao's failure to vacate the premises after the lapse
of the ninety day notice of termination. In the amended complaint,
Shell added Dayao's failure to comply with the terms and conditions
of the Sublease and Dealer Agreement. The decision discloses that
even during the trial, Shell had introduced evidence substantiating
the alleged Dayaos violation of the terms of their agreement.
Dayao objected to its presentation but nonetheless introduced proof
in contra.

RULE 70 Sec 21 Immediate execution on

appeal to Court of Appeals or Supreme Court.
Are the Rules on Summary Procedure (RPC) apply to Rule 70 cases regarding
appeal?
Yes, Sec 21 of the RPC repealed Sec 10 of the former rule making the judgment of the RTC
immediately executory subject to appeal.

How is an appeal to the CA or SC filed?

Through a Petition for Review under Rule 42

May Rule 70 cases be resolved by a certiorari proceeding?

No, questions of fact to be determined from the evidence presented by both parties at a trial can
only be resolved on appeal. Review of decisions in cases where factual issues were raised is the
proper remedy.