Case Digest Dagupan Electric Corp Vs. Paño

-DAGUPAN ELECTRIC CORP. (DECORP) v. PAÑO G.R. No. L-49510 | 28 JANUARY 1980 DAGUPAN ELECTRIC CORPORATION, ISABELITA L. LLAMES, PRIMO C. NARVAEZ and JOSE T. APIGO, petitioners

vs.

THE HONORABLE ERNANI CRUZ PAÑO, DISTRICT JUDGE OF THE COURT OF FIRST INSTANCE OF RIZAL, BRANCH XVII and MC ADORE FINANCE AND INVESTMENT, INCORPORATED, respondents

FACTS:



HELD: ISSUE:

Whether the respondent judge acted with grave abuse of discretion in issuing the writ of preliminary mandatory injunction.

RATIO:

Original action in the Supreme Court; Certiorari and prohibition Justice Fernandez



Petitioner DECORP, domestic corporation with a franchise to operate and maintain electric services in Pangasinan, executed a contract with private respondent MC Adore who owns and operates a hotel in Dagupan, wherein the former will supply power service to the latter’s hotel starting 19 MAR 1978.

NO. Petition dismissed. The court held that the record shows that the respondent judge conducted hearings and gave parties full opportunity to present their evidence before issuing the orders. Perusal of the facts show that respondent judge did not act capriciously or whimsically in ordering petitioner to restore the connection of electric power to private respondent’s hotel.