This case has been cited 1 times or more.
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2015-09-30 |
LEONEN, J. |
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| Fernandez v. Court of Appeals[191] involved an Administrative Complaint against three Court of Appeals Justices.[192] One of the acts complained of was the issuance of a Writ of Preliminary Injunction, enjoining the implementation of an Order of the trial court.[193] This court dismissed the Complaint on the ground that an Administrative Complaint is not a substitute for a lost appeal.[194] This court also held that in any case, complainants did not have the personality to question the Writ of Preliminary Injunction since they were not the aggrieved parties.[195] Complainants had the option to intervene in the Petitions filed but did not do so.[196] This court discussed that:Section 1 of Rule 19 of the Rules of Court provides that a person who has a legal interest in the matter in litigation, or in the success of either of the parties, or an interest against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer thereof may, with leave of court, be allowed to intervene in the action. Conversely, a person who is not a party in the main suit cannot be bound by an ancillary writ, such as a preliminary injunction. Indeed, he cannot be affected by any proceeding to which he is a stranger.[197] (Emphasis supplied, citation omitted) | |||||