Dominic Oswald C.

Halili
Remedial Law Case Digest

VICTORIAS MILLING CO., INC. VS COURT OF APPEALS

GR No. 168062 June 29, 2010

FACTS: Victorias Milling filed an ejectment case against International

Pharmaceuticals (IP) before the MCTC. The MCTC served summons to the HR Head.
There was of course improper service of summons.

The IP then filed an answer with express reservation that the answer should not be
construed as a waiver of its objection on the jurisdiction over the person of the IP
for improper service of summons. The IP then filed a motion for suspension of
proceedings.

The MCTC denied the motion as well as it’s MR.

The IP then filed a petition for certiorari with the CA questioning MCTC’s
jurisdiction.

THE CA issued a writ of preliminary injuction to the MCTC.

In turn, the Victorias Milling filed a petition for certiorari with the SC stating that the
CA gravely abused its discretion by ordering the issuance of the writ of injunction,
failing to dismiss outright the petition of certiorari and prohibition by the IPI.

ISSUES: Whether or not the CA gravely abused its discretion in issuing a writ of
injunction and failing to dismiss outright the petition of certiorari and prohibition
by the IPI.

HELD: In an ejectment case mandated to be tried under summary procedure, the

paramount consideration is its expeditious and inexpensive resolution without regard to
technicalities.

A Petition for Certiorari is a prohibitted pleading in Summary Cases. However, by

way of exception, petition for certiorari may be allowed only if it would serve to be
more expeditious in the administration of justice.

In the case at bar, however, continuing the proceedings with the MCTC is more
expeditious and in accord with the purpose of the Rule on Summary Procedure. The
CA should have indeed dismissed outright the first petition for certiorari filed by IPI.

The petition for certiorari of the Victorias Milling was granted and the resolutions
and the writ of injunction issued by the said CA were nullified and set aside. A
dismissal of the petition for certiorari filed by the IPI in the CA was also ordered.