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Pete Nicomedes Prado Vs. Regino T. Veridiano Ii

HON. PETE NICOMEDES PRADO, in his capacity as Officer-in-Charge of the Department of Transportation and Communications, ATTY. JUAN C. STA. ANA, in his capacity as Manager of the Philippine Ports Authority, Port District of Manila, and the PHILIPPINE PORTS AUTHORITY, petitioners, vs. HON. REGINO T. VERIDIANO II, in his capacity as the Presiding Judge of Branch 31 of the Regional Trial Court of Manila, PORT AREA REALTY, INC., EVERETT STEAMSHIP CORPORATION, HARBOR IMPORT SHOPPING CENTER, ORIENTAL MEDIA, INC., and ESTER CALING LIM, respondents. Amante T. Bandayrel for respondents.

G.R. No. 98118 | 1991-12-06

D E C I S I O N


DAVIDE, JR., J.:

On the basis of an unverified motion, may a court validly issue ex-parte a so-called "status quo order" which could operate either as a temporary
restraining order or writ of preliminary injunction?

This is the main issue in this case which the following factual and procedural antecedents have generated:

On 11 September 1920, the Smith Bell and Company leased from the Government, through the Bureau of Lands, Blocks 144 and 1469 containing an area of 9,023.36 square meters, located the Port Area, Manila. The lessee transferred all its leasehold rights to the Philippine Building Corporation on 27 May...