Gaw v. Court Of Appeals

PARAS, J.:

This is a petition for certiorari with writ of preliminary injunction seeking to reverse and set aside: 1) the Decision of the Court of Appeals dated May 7, 1982 in C.A. G.R. No. SP-13738R entitled "Joaquin S. Gaw, thru his attorney-in-fact, Eusebio S. Millar vs. Honorable Benjamin Relova, in his capacity as Presiding Judge, Branch XI, Court of First of Manila, Worldwide Philippine Marketing Corporation and the Sheriff of Manila", dismissing the petition for certiorari with writ of preliminary injunction filed therein for lack of legal basis and merit; and 2) the Resolution of the same Court dated June 10, 1982, denying petitioner's motion for reconsideration for Lack of merit. Based from the records, the factual background of this case is as follows: This action originated from the Court of First Instance of Manila Branch XI when private respondent Worldwide Philippines Marketing Corporation (WPMC for short) on February 2, 1981 instituted a complaint for of sums money with damages and preliminary attachment against petitioner Joaquin S. Gaw, which complaint was docketed as Civil Case No. 137703.

WPMC had its complaint amended twice, the last of which was dated May 22, 1981 to which an answer with counterclaim was filed by Joaquin S. Gaw on July 29, 1981. In the amended complaint, WPMC alleged, among others, the following: 5. That the defendant, taking advantage of the foregoing personal and business relationship with the foregoing General Manager of the plaintiff, caused to be encashed several personal and postdated checks on various occasions ranging from Aug.

1980 to Jan. 1981 totalling to an aggregate and enormous amount of P315,332.00, Philippine currency, and specified hereunder, to wit: CHECKS AMOUNT DATE EBC Check 11289889 P100,000.00 September 18, 1980 ABC Check 30064865 40,000.00 October 1, 1980 TMBC Check 16344241 34,750.00 December 27, 1980 TMBC Check 16376681 67,705.00 January 17, 1981 TMBC Check 16376603 72,877.00