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Tan, Jr. vs. Sarmiento, et al

GREGORIO TAN, JR., petitioner, vs. HON. MALCOLM G. SARMIENTO, Judge of the Court of First Instance of Pampanga, FRANCISCO M. GARCIA, FLORA L. GARCIA, FELINO VILLASAN, JR., GEN. RIGOBERTO ATIENZA, Chief of Staff of the Armed Forces of the Philippines and A

G.R. No. L-24971 | 1975-06-20

D E C I S I O N

ANTONIO, J:

The issue posed by this special civil action for certiorari is whether or not the Court of First Instance of Pampanga has the authority to issue a writ of preliminary injunction which will be enforced outside the territorial boundaries of the province.

On May 6, 1965, petitioner, a resident of Bacolor, Pampanga, filed with the Court of First Instance of Pampanga, presided over by respondent Judge, a complaint for Specific Performance of Contract and Damages with Preliminary Injunction, docketed as Civil Case No. 2773, against Gen. Godofredo Mendoza, in his capacity as Commanding General of the First Infantry...