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 Yes, Sec 21 of the RPC repealed Sec 10 of the former rule making the judgment of the RTC immediately executory subject to appeal.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.