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AIR MATERIEL WING SAVINGS v. COL. LUVIN S. MANAY

This case has been cited 4 times or more.

	GR No. 175303 2012-04-11	PACIFIC ACE FINANCE LTD. v. YANAGISAWA DEL CASTILLO, J.
The October 2, 1996 Order, embodying Evelyn's commitment not to dispose of or encumber the property, is akin to an injunction order against the disposition or encumbrance of the property. Jurisprudence holds that all acts done in violation of a standing injunction order are voidable as to the party enjoined and third parties who are not in good faith.[46] The party, in whose favor the injunction is issued, has a cause of action to seek the annulment of the offending actions.[47] The following is instructive: An injunction or restraining order must be obeyed while it remains in full force and effect until the injunction or restraining order has been set aside, vacated, or modified by the court which granted it, or until the order or decree awarding it has been reversed on appeal. The injuction must be obeyed irrespective of the ultimate validity of the order, and no matter how unreasonable and unjust the injunction may be in its terms.[48]
	GR No. 175303 2012-04-11	PACIFIC ACE FINANCE LTD. v. YANAGISAWA DEL CASTILLO, J.
The October 2, 1996 Order, embodying Evelyn's commitment not to dispose of or encumber the property, is akin to an injunction order against the disposition or encumbrance of the property. Jurisprudence holds that all acts done in violation of a standing injunction order are voidable as to the party enjoined and third parties who are not in good faith.[46] The party, in whose favor the injunction is issued, has a cause of action to seek the annulment of the offending actions.[47] The following is instructive: An injunction or restraining order must be obeyed while it remains in full force and effect until the injunction or restraining order has been set aside, vacated, or modified by the court which granted it, or until the order or decree awarding it has been reversed on appeal. The injuction must be obeyed irrespective of the ultimate validity of the order, and no matter how unreasonable and unjust the injunction may be in its terms.[48]
	GR No. 180587 2009-03-20	SIMEON CABANG v. MR. YNARES-SANTIAGO, J.
Well-settled is the rule that there can be no execution until and unless the judgment has become final and executory, i.e. the period of appeal has lapsed without an appeal having been taken, or, having been taken, the appeal has been resolved and the records of the case have been returned to the court of origin, in which event, execution shall issue as a matter of right.[13] In short, once a judgment becomes final, the winning party is entitled to a writ of execution and the issuance thereof becomes a court's ministerial duty.[14]
	GR No. 181480 2009-01-30	JOSEFINA CADA v. TIME SAVER LAUNDRY CHICO-NAZARIO, J.
Following the explicit language of the NLRC Rules, service of summons on respondent Perez should be made personally. But was personal service of summons practicable? Conversely, was substituted service of summons justified? Obviously, in this case, personal service of summons was not practicable. By respondent Perez's own admission, she was out of town during the entire proceedings before the Labor Arbiter.[34] Given this admission, she would be unable to personally receive the summons and later the notices from the Labor Arbiter. Thus, even if the bailiff would return at some other time to personally serve the summons on respondent Perez, it would still yield the same result. To proceed with personal service of summons on respondent Perez who unequivocally admits that she was out of town during the entire proceedings before the Labor Arbiter would not only be impractical and futile - it would be absurd.[35] While we are not unmindful of the NLRC rules which state that service of summons should be made personally, considering the circumstances in the instant case, we find that service of summons at TSL, respondent Perez's place of business,[36] amounts to substantial compliance with the Rules.[37] In the fairly recent case of Scenarios v. Vinluan,[38] service of summons by registered mail at therein petitioners' place of business was considered valid. This Court declared in the said case that technical rules of procedure are not strictly applied in quasi-judicial proceedings; only substantial compliance is required. That the summons was served in the premises of therein petitioners' office was enough to convince the court that the service of said processes was completed and resultantly, the requirement of notice has been served.[39]