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SYNOPSIS
The Court of First Instance of Palawan ordered the seizure of two vessels of
respondent company in connection with illegal shing with dynamite committed within
the territorial waters of Palawan. Respondent company led a complaint with
application for a writ of preliminary mandatory injunction with the Court of First
Instance of Manila. Respondent Judge issued the writ of preliminary mandatory
injunction after a bond was led for the release of the vessels. Petitioner's motion to
reconsider the order was denied. Hence, this petition for certiorari and prohibition with
preliminary injunction to restrain respondent judge from enforcing the questioned
order.
The Supreme Court granted the petition ruling that respondent judge committed
a grave abuse of discretion in issuing the preliminary mandatory injunction and further
in denying the motion to reconsider the same. It is basic that a court cannot interfere
with the judgments, orders and decrees of another court of concurrent or coordinate
jurisdiction having equal power to grant the relief sought by injunction. Since the two
vessels were already in custodia legis under the sole control of the Palawan Court of
First Instance, the Manila Court of First Instance cannot interfere with and change that
possession. cdasia
SYLLABUS
DECISION
MAKASIAR , J : p