People of the Philippines vs. Policarpio G. Tiongson

Republic of the PhilippinesSUPREME COURT

EN BANC

G.R. Nos. L-15201-02             May 31, 1963

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, POLICARPIO TIONGSON Y GARCIA, defendant-appellant, MAURICIO NAVARRO Y ORDILLO, defendant-appellant.

Office of the Solicitor General for plaintiff-appellee.

R E S O L U T I O N

PER CURIAM:

The decision of this court in the above entitled case promulgated on October 31, 1962 having become final and executory, the records were remanded below for execution.

It appears, however, that before said decision could be executed, counsel for defendant Tiongson filed on January 11, 1963 an urgent petition alleging therein that notice the decision was received by said party only on that date, and praying, as a consequence, that the entry of judgment be set aside; that said defendant be allowed to file a motion for reconsideration within fifteen (15) days January 11, 1963, and that a writ of preliminary injunction be issued restraining the Director, New Bilibid Prisons at Muntinglupa, Rizal, from carrying out the execution of the judgment already set for January 19, 1963.

Wherefore, the parties respectfully pray that the foregoing stipulation of facts be admitted and approved by this Honorable Court, without prejudice to the parties adducing other evidence to prove their case not covered by this stipulation of facts. 1äwphï1.ñët

Considering the peculiar circumstances obtaining in the cases, this court issued the preliminary writ of injunction prayed for, and granted counsel for defendant Tiongson fifteen (15) days from January 11, 1963 within which to file a motion for reconsideration. Said motion was filed on January 31, 1963, within the extension granted to the aforesaid defendant in the resolution of this court of January 29, 1963, but the same was denied on February 7 of the same year. Notice of the order of denial was received by counsel on February 27 of the same year.

With leave of court, defendant Tiongson filed on February 28, 1963 a second motion for reconsideration, but again the same was denied on March 4 of the same year. Notice of the denial was received by counsel on the 25th of the same month and year.

The cases are again before us now upon request of the Honorable Judge Morfe of the Court of First Instance of Manila so that we may clarify the status of the preliminary writ of injunction mentioned heretofore. In connection therewith, it is the sense of this court that, with the denial of the motions for reconsideration already referred to above, the preliminary writ of injunction is deemed set aside.

Bengzon, C.J., Padilla, Bautista Angelo, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala and Makalintal, JJ., concur.