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    I-13 Manila Herald Publishing V Ramos

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    The Manila Herald Publishing Company filed a lawsuit against Simeon Ramos and others seeking to enjoin the attachment of certain printing equipment that was mistakenly attached pursuant to a libel lawsuit against a different newspaper. The respondent judge dismissed the lawsuit, finding it unnecessary and holding that Manila Herald should instead intervene in the original libel case. The Supreme Court granted the petition and held that while intervention is at the court's discretion, the respondent judge erred in dismissing the separate lawsuit without basis.

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    I-13 Manila Herald Publishing V Ramos

    Uploaded by

    G S
    313 views1 page
    The Manila Herald Publishing Company filed a lawsuit against Simeon Ramos and others seeking to enjoin the attachment of certain printing equipment that was mistakenly attached pursuant to a libel lawsuit against a different newspaper. The respondent judge dismissed the lawsuit, finding it unnecessary and holding that Manila Herald should instead intervene in the original libel case. The Supreme Court granted the petition and held that while intervention is at the court's discretion, the respondent judge erred in dismissing the separate lawsuit without basis.

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    The Manila Herald Publishing Company filed a lawsuit against Simeon Ramos and others seeking to enjoin the attachment of certain printing equipment that was mistakenly attached pursuant to a libel lawsuit against a different newspaper. The respondent judge dismissed the lawsuit, finding it unnecessary and holding that Manila Herald should instead intervene in the original libel case. The Supreme Court granted the petition and held that while intervention is at the court's discretion, the respondent judge erred in dismissing the separate lawsuit without basis.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    313 views1 page

    I-13 Manila Herald Publishing V Ramos

    Uploaded by

    G S
    The Manila Herald Publishing Company filed a lawsuit against Simeon Ramos and others seeking to enjoin the attachment of certain printing equipment that was mistakenly attached pursuant to a libel lawsuit against a different newspaper. The respondent judge dismissed the lawsuit, finding it unnecessary and holding that Manila Herald should instead intervene in the original libel case. The Supreme Court granted the petition and held that while intervention is at the court's discretion, the respondent judge erred in dismissing the separate lawsuit without basis.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Badge: Use of technical terms, libel suit, attachment, publishing house

    Syllabus: Attachment; third- party claims; "proper action" in section 14, rule 59, interpreted.

    Caption: MANILA HERALD PUBLISHING Co. INC. , vs. SIMEON RAMOS, MACARIO A. OFILADA,
    ANTONIO QUIRINO and ALTO SURETY & INSURANCE Co., INC., GR No. L-4268, 18 January 1951, Tuason
    [J].

    Facts:
    Respondent filed a libel suit, docketed as Civil Case No. 11531, against Aproniano G. Borres,
    Pedro Padilla and Loreto Pastor, editor, managing editor and reporter, respectively, of the Daily
    Record, a daily newspaper, asking damages aggregating P90,000. With the filing of this suit, the
    Plaintiff secured a writ of preliminary attachment upon putting up a P50,000 bond. The Sheriff of the
    City of Manila levied an attachment upon certain office and printing equipment found in the premises of
    the Daily Record. Manila Herald Publishing Co., Inc. and Printers, Inc. commenced a joint suit against the
    sheriff, Respondent Quirino and Respondent Corporation, in which the former sought (1) to enjoin the
    defendants from proceeding with the attachment of the properties above mentioned and (2) P45,000
    damages. This suit was docketed as Civil Case No. 12263. Respondent Judge declared that the suit,
    in case No. 12263, was "unnecessary, superfluous and illegal" and so dismissed the same. He held that
    what Manila Herald Publishing Co., Inc., and Printers, Inc., should do was intervene in Case No. 11531.

    Issue: W/N Respondent Judge has authority to dismiss the case

    Held: Yes, the right to intervene, unlike the right to bring a new action, is not absolute but left to the
    sound discretion of the court to allow.

    Fallo: Petition granted.

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