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LAND BANK OF PHILIPPINES v. SEVERINO LISTANA

This case has been cited 1 times or more.

2011-07-27
VILLARAMA, JR., J.
The matter of contempt proceedings was the subject of G.R. No. 152611 (Land Bank of the Philippines v. Listana, Sr.).  The PARAD had issued on August 20, 2000 an order granting respondent's motion for contempt and LBP Manager Alex A. Lorayes was cited for indirect contempt and ordered to be imprisoned until he complied with the PARAD's October 14, 1998 decision.  After its motion for reconsideration was denied, petitioner filed a Notice of Appeal which was likewise denied due course by PARAD Capellan who also ordered the issuance of an alias Writ of Execution for the payment of the adjudged amount of just compensation and subsequently directed the issuance of an arrest order against Lorayes. Petitioner then filed with the RTC a petition for injunction with application for the issuance of a writ of preliminary injunction to restrain PARAD Capellan from issuing the order of arrest.  A writ of preliminary injunction was eventually issued by the trial court and LBP posted a P5,644,773.02 cash bond.  Respondent went to the CA and challenged said writ via a special civil action for certiorari (CA-G.R. SP No. 65276).  On December 11, 2001, the CA rendered its decision nullifying the trial court's orders.  In our Decision dated August 5, 2003, we granted the petition filed by LBP and reinstated the January 29, 2001 Order of the RTC of Sorsogon, Sorsogon, Branch 51 which enjoined the PARAD from enforcing its order of arrest against Lorayes pending the final termination of Civil Case No. 99-6639 of RTC Branch 52.[8]