Yupangco Cotton Mills, Inc. vs Court of Appeals Summary

YUPANGCO COTTON MILLS, INC., petitioner, vs. COURT OF APPEALS, HON. URBANO C. VICTORIO, SR., Presiding Judge, RTC Branch 50, Manila, RODRIGO SY MENDOZA, SAMAHANG MANGGAGAWA NG ARTEX (SAMAR-ANGLO) represented by its Local President RUSTICO CORTEZ, and WESTERN GUARANTY CORPORATION, respondents.

G.R. No. 126322 | 2002-01-16

General rule that no court has the power to interfere by injunction with the judgments or decrees of another court with concurrent or coordinate jurisdiction possessing equal power to grant injunctive relief, applies only when no third-party claimant is i
Third party whose property has been levied upon by sheriff, filing of a third party claim with the Labor Arbiter not preclude filing of action for recovery of property and damages with RTC
Affidavit of third party claim; Remedy of terceria available to a third person other than the judgment obligor or his agent who claims a property levied on
Affidavit of third party claim; Remedy of terceria (property seized or levied upon by sheriff to execute judgment belongs to a third person not a party to the case), remedies are cumulative
Third-party claim, remedies of third party whose properties were levied upon by sheriff
Third party whose property has been levied upon by sheriff, remedies cumulative

D E C I S I O N

PARDO, J.:

The Case

The case is a petition for review on certiorari of the decision of the Court of Appeals[1] dismissing the petition ruling that petitioner was guilty of forum shopping and that the proper remedy was appeal in due course, not certiorari or mandamus.

In its decision, the Court of Appeals sustained the trial court's ruling that the remedies granted under Section 17, Rule 39 of the Rules of Court are not available to the petitioner because the Manual of Instructions for Sheriffs of the NLRC does not include the remedy of an independent action by the owner to establish his right to his property.

The Facts

The...