Heirs of Eugenia V. Roxas, Inc. v. Intermediate Appellate Court

G.R. No. 67195, G.R. No. 78618, G.R. Nos. 78619-20 · 1989-05-29 · J. CORTES, J.: · Primary: Civil; Secondary: Commercial, Remedial
REITERATION

Facts

The Antecedents: This case involves a protracted dispute between the Heirs of Eugenia V. Roxas, Inc. (HEVR) and the heirs of Eriberto Roxas, specifically Guillermo Roxas, concerning the operation of a restaurant within the Hidden Valley Springs Resort in Calauan, Laguna. The core of the dispute revolves around the validity and enforceability of a concession agreement originally entered into between Eufrocino Roxas, as President of HEVR, and Eriberto Roxas, for the operation of the restaurant and liquor concession. HEVR, the corporation established to manage the properties of Eufrocino and Eugenia Roxas, including the resort, asserts its right to take over the restaurant's operations, citing financial difficulties and the alleged unauthorized nature of the concession. Procedural History: The conflict escalated through various legal and administrative channels. Initially, HEVR sought to terminate the concession agreement and take over the restaurant, leading to a lawsuit filed by the private respondents for injunction. The Regional Trial Court (RTC) declared the concession agreement void and upheld HEVR's resolution to take over. The private respondents appealed this decision to the Intermediate Appellate Court (IAC). Concurrently, the Ministry of Tourism (MOT) issued resolutions directing HEVR to take over the restaurant operations due to the lack of proper licensing by the private respondents' entity, Hidden Valley Agri-Business and Restaurant, Inc. (HVABR). The IAC, however, issued a temporary restraining order and later a writ of preliminary injunction, enjoining HEVR from interfering with the private respondents' operation of the restaurant, despite the MOT's findings. This led to HEVR filing a petition for certiorari, prohibition, and mandamus with the Supreme Court (G.R. No. 67195). Further complications arose when Guillermo Roxas, doing business as MJB Food and Services (MJBFS), obtained a license from the Department of Tourism (DOT) to operate the restaurant, prompting HEVR to file another petition (G.R. No. 78618). Additionally, HEVR challenged the issuance of a mayor's permit to Guillermo Roxas/MJBFS, leading to a third petition (G.R. Nos. 78619-78620). The Petition: The consolidated petitions before the Supreme Court seek to annul various resolutions and orders from lower courts and administrative bodies. In G.R. No. 67195, HEVR petitions for certiorari, prohibition, and mandamus to nullify the IAC's resolutions that granted a preliminary injunction to the private respondents and denied HEVR's motion to dismiss the appeal, arguing that the IAC gravely abused its discretion by protecting an unlicensed and potentially illegal operation. In G.R. No. 78618, HEVR seeks prohibition and injunction to nullify the DOT's license issued to MJBFS, arguing that the DOT acted with grave abuse of discretion by issuing the license despite knowledge of the ongoing dispute and the fact that the restaurant was leased to another entity. In G.R. Nos. 78619-78620, HEVR petitions for certiorari and prohibition to nullify RTC orders denying its prayer for a preliminary injunction against Guillermo Roxas' use of a mayor's permit, contending that these orders allowed operation in violation of a Supreme Court restraining order. The overarching aim of these petitions is to prevent the private respondents from operating the restaurant and to have the Supreme Court declare HEVR's right to control its operation.

Issue(s)

Whether the Intermediate Appellate Court gravely abused its discretion tantamount to lack or excess of jurisdiction in granting the writ of preliminary injunction. Whether the Intermediate Appellate Court gravely abused its discretion tantamount to lack or excess of jurisdiction in denying petitioners' Motion to Dismiss the Appeal. Whether the Department of Tourism acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the restaurant license to MJB Food and Services (MJBFS). Whether the Regional Trial Court acted with grave abuse of discretion in denying HEVR's prayer for a writ of preliminary injunction against the use of a mayor's permit by Guillermo Roxas.

Ruling

The Supreme Court ruled as follows: In G.R. No. 67195: The October 3, 1983 Resolution of the IAC was SET ASIDE. The April 4, 1984 Resolution of the IAC was AFFIRMED in denying the motion to dismiss the appeal, but REVERSED in denying the motion for reconsideration of the October 3, 1983 Resolution, thereby setting aside the writ of preliminary injunction issued by the IAC. The TRO issued by the Supreme Court on May 16, 1984, remained in force pending resolution of the case before the Court of Appeals. In G.R. No. 78618: The petition was GRANTED. The license to operate the subject restaurant issued by the DOT in favor of MJB Food and Services (or Guillermo Roxas) was NULLIFIED. The TRO issued by the Supreme Court on June 22, 1987, remained in force pending final resolution of the case before the Court of Appeals. In G.R. Nos. 78619-78620: The petition was DISMISSED for lack of merit. The TRO issued by the Supreme Court on June 23, 1987, was SET ASIDE.

Ratio Decidendi

On the IAC's issuance of a preliminary injunction (G.R. No. 67195): The Court found that the IAC gravely abused its discretion in issuing the writ of preliminary injunction. Private respondents failed to establish a clear and present right to continue operating the restaurant and liquor concession because they lacked the requisite license from the Ministry of Tourism (MOT). The MOT's resolutions explicitly found that HVABR was operating without a license and ordered it to cease and desist. The IAC's issuance of the injunction, which allowed the unlicensed operation, effectively sanctioned illegal activity and contravened the MOT's directives. The Court emphasized that a writ of preliminary injunction is meant to protect existing rights, and an unlicensed operation cannot be considered a legally protected right. The IAC's reliance on preserving the status quo was insufficient without a showing of a clear right to be protected. On the IAC's denial of the motion to dismiss the appeal (G.R. No. 67195): The Court affirmed the IAC's denial of the motion to dismiss the appeal. The Court reasoned that the appeal was not rendered moot and academic by the MOT resolutions or the Bureau of Domestic Trade decision. The core issue on appeal was the determination of the contractual relationship between the parties concerning the operation of the restaurant, which required a judicial declaration of the concession agreement's validity or nullity. This fundamental issue remained unsettled, irrespective of the licensing issues or violations of the Retail Trade Nationalization Law. On the DOT's issuance of a license to MJBFS (G.R. No. 78618): The Court held that the DOT acted arbitrarily and capriciously, constituting grave abuse of discretion, in issuing the restaurant license to MJBFS. Despite having knowledge of the ongoing dispute between HEVR and Guillermo Roxas regarding the right to operate the restaurant, and the fact that the restaurant was leased to Valley Resort Corporation, the DOT issued the license. The MOT's own records indicated awareness of the controversy and the RTC's finding that Guillermo Roxas lacked contractual rights. The lease agreement between HEVR and Valley Resort Corporation, approved by the MOT, granted the lessee the right to operate the resort facilities, including the restaurant. Issuing a license to MJBFS under these circumstances, knowing the ownership and lease status, and the pending litigation, was contrary to established facts and legal principles. On the RTC's denial of HEVR's prayer for injunction (G.R. Nos. 78619-78620): The Court found no merit in the petition and dismissed it. The RTC judge did not act with manifest abuse of discretion in denying the writ of preliminary injunction. HEVR failed to establish a clear and present right to operate the restaurant to the exclusion of private respondent, as this right was still under litigation before the IAC. Furthermore, the RTC's denial was not in violation of the Supreme Court's TRO in G.R. No. 67195, which merely stayed the IAC's writ and allowed HEVR to close the resort, but did not grant HEVR an automatic right to operate the restaurant or prohibit private respondent from applying for a license. The RTC correctly noted that private respondent held a DOT license and a mayor's permit that were regular on their face at the time of the action.

Main Doctrine

The Supreme Court held that the Intermediate Appellate Court gravely abused its discretion in issuing a writ of preliminary injunction to protect an unlicensed operation, and that the issuance of a license by the Department of Tourism was arbitrary and capricious given the pending litigation and existing lease agreement.

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