Lopez v. Court of Appeals
This is a civil case, specifically a petition for certiorari and prohibition, filed by Glecy Kay Te Lopez against the Court of Appeals and Gilbert Ong Go. The legal issue in this case is the jurisdiction of the Court of Appeals to issue a writ of habeas corpus and direct the National Bureau of Investigation to take custody of Victor Joaquin Lopez Go, who is reportedly detained by petitioner. The Supreme Court partially granted the petition and issued a temporary restraining order enjoining the enforcement of the Court of Appeals' Resolutions, to the extent that it directs and commands the Director of the National Bureau of Investigation or his duly authorized representatives to take and have the body of Victor Joaquin Lopez Go before the Court of Appeals. However, the Supreme Court did not restrain the Court of Appeals' instruction to serve summons upon petitioner Glecy Kay Te Lopez and to require her to appear before the Court of Appeals and show the cause of Victor Joaquin Lopez Go's detention and/or restraint of his liberty.
ADVERTISEMENT
THIRD DIVISION
[G.R. No. 252970. February 8, 2021.]
GLECY KAY TE LOPEZ, petitioner,vs. COURT OF APPEALS AND GILBERT ONG GO, respondents.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 8, 2021, which reads as follows:
"G.R. No. 252970 (Glecy Kay Te Lopez vs. Court of Appeals and Gilbert Ong Go). — After deliberating on the petition for certiorari and prohibition (with prayer for temporary restraining order/writ of preliminary injunction) assailing the Resolutions dated March 3, 2020 and July 9, 2020 of the Court of Appeals, Manila, in CA-G.R. SP No. 160667, the Court, without necessarily giving due course thereto, resolves to REQUIRE respondents to COMMENT thereon (not to file a motion to dismiss) within ten (10) days from notice, and to PARTIALLY GRANT A TEMPORARY RESTRAINING ORDER enjoining the Court of Appeals from enforcing its Resolutions promulgated on March 3, 2020 and July 9, 2020 in CA G.R. SP No. 160667 and its Alias Writ of Habeas Corpus to the extent that it directs and commands the Director of the National Bureau of Investigation or his duly authorized representatives to take and have the body of Victor Joaquin Lopez Go before the Court of Appeals, effective immediately and continuing until further orders from the Court. However, this order shall not restrain the Court of Appeals' instruction to serve summons upon petitioner Glecy Kay Te Lopez and to require her to appear before the Court of Appeals at the time and place specified and to show the cause of Victor Joaquin Lopez Go's detention and/or restraint of his liberty, pursuant to Section 6, Rule 102 of the Rules of Court. (Inting, J., no part, due to his prior action in the Court of Appeals; Carandang, J., designated additional Member per Raffle dated January 27, 2021.)"
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
ATTACHMENT
THIRD DIVISION
TEMPORARY RESTRAINING ORDER
[G.R. No. 252970. February 8, 2021.]
GLECY KAY TE LOPEZ, petitioner,vs.COURT OF APPEALS and GILBERT ONG GO, respondents.
| TO | : | THE HON. PRESIDING JUSTICE |
| COURT OF APPEALS | ||
| CA G.R. SP No. 160667 | ||
| 1000 Manila | ||
| THE DIRECTOR | ||
| NATIONAL BUREAU OF INVESTIGATION | ||
| Taft Avenue, Ermita, 1000 Manila |
GREETINGS:
WHEREAS, the Supreme Court on February 8, 2021, adopted a resolution in the above-entitled case, to wit:
"G.R. No. 252970 (Glecy Kay Te Lopez vs. Court of Appeals and Gilbert Ong Go). — After deliberating on the petition for certiorari and prohibition (with prayer for temporary restraining order/writ of preliminary injunction) assailing the Resolutions dated March 3, 2020 and July 9, 2020 of the Court of Appeals, Manila, in CA-G.R. SP No. 160667, the Court, without necessarily giving due course thereto, resolves to REQUIRE respondents to COMMENT thereon (not to file a motion to dismiss) within ten (10) days from notice, and to PARTIALLY GRANT A TEMPORARY RESTRAINING ORDER enjoining the Court of Appeals from enforcing its Resolutions promulgated on March 3, 2020 and July 9, 2020 in CA G.R. SP No. 160667 and its Alias Writ of Habeas Corpus to the extent that it directs and commands the Director of the National Bureau of Investigation or his duly authorized representatives to take and have the body of Victor Joaquin Lopez Go before the Court of Appeals, effective immediately and continuing until further orders from the Court. However, this order shall not restrain the Court of Appeals' instruction to serve summons upon petitioner Glecy Kay Te Lopez and to require her to appear before the Court of Appeals at the time and place specified and to show the cause of Victor Joaquin Lopez Go's detention and/or restraint of his liberty, pursuant to Section 6, Rule 102 of the Rules of Court. (Inting, J., no part, due to his prior action in the Court of Appeals; Carandang, J., designated additional Member per Raffle dated January 27, 2021.)"
NOW THEREFORE, You, your agents, representatives and/or any person or persons acting upon your orders or in your place or stead, are hereby ENJOINED from enforcing the Court of Appeals Resolutions promulgated on March 3, 2020 and July 9, 2020 in CA G.R. SP No. 160667 to the extent that it directs and commands the Director of the National Bureau of Investigation or his duly authorized representatives to take and have the body of Victor Joaquin Lopez Go before the Court of Appeals, effective immediately and continuing until further orders from the Court.
GIVEN by the authority of the HONORABLE MARVIC MARIO VICTOR F. LEONEN, Chairperson of the Third Division of the Supreme Court of the Philippines, this 8th day of February, Two Thousand and Twenty-One.
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
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