LIM SE V. ARGEL
Lim Se and Benito Lim were leasing from Chiombon, through her attorneyin-fact San Pedro, the ground oor, mezzanine, and basement of the Venancia Building in Baguio City from 1!" to 1#$% &hen the lease e'(ired, Lim Se leased the same (remises from the )states of *eyes, *eyes, Sr% from 1#1 to 1#+% n inter(leader action was led by Lim Se and the other tenants against San Pedro and the )state to determine to whom rentals will be (aid. the Court ruled in fa/our of the )state%
Facts:
0rom 1# to 1##, Lim Se and his son Benito leased the (remises from the )sta )state te%% 2he 2he 3ew 3ew Life Life Caf4 Caf4 and and *esta estaura urant nt was was o(er o(erat ated ed by Beni Benito to on the the (remises% 5eanwhile, Bulatano, who claimed to ha/e (urchased on 6ecember , 1#$ the said said buildi building ng from from 7cam(o 7cam(o,, who allege allegedly dly bought bought it from from Chiomb Chiombon, on, led led an action for the reco/ery of rentals and damages from the )state, Lim, 7cam(o and *emedios for their occu(ancy of the building% 8e also led a case in the Caloocan City Branch of C09 of *izal to reco/er (ossession against 7cam(o and San Pedro% 7cam(o and San Pedro thus instituted a third (arty com(laint against Lim Se and Benito to /acate the (remises% Lim Se and Benito o((osed due to im(ro(er /enue :there was a sti(ulation in the contract that in case of a suit, it should be led in the City of Baguio, which was denied% summary ;udgment was granted in fa/our of 7cam(o and San Pedro, in which Lim Se and Benito were ordered to /acate the (remises% Lim Se and Benito a((ealed while 7cam(o and San Pedro as% fter a bond was gi/en by (etitioners, a writ of (reliminary mandat mandatory ory in;unc in;unctio tion n was issued issued,, direct directing ing the Sheri= Sheri= to (lace (lace (etiti (etitione oners rs in (ossession of the (remises from which they had been ousted% tty tty%% daz daza, a, a lawy lawyer er who who ne/e ne/err a((e a((ear ared ed in the the lowe lowerr cour courtt and and acte acted d inde(endently of both San Pedro?s and 7cam(o?s lawyers, led a motion to lift the in;unction% Issue:
&@3 tty% daza should be cited for contem(t%
Held: Aes%
tty tty%% daza daza?s ?s charac character teriza izatio tion n of the mandat mandatory ory in;unc in;unctio tion n as un;us un;ustt and a miscarriage of ;ustice and as de/oid of factual and legal basis is unfounded and unwarranted% 8e treated a resolution of the Court as if it were a (leading of the ad/e ad/ers rsar ary y whic which h he coul could d assa assail il in unre unrest stra rain ined ed or abra abrasi si/e /e lang langua uage ge%% 8is 8is un;ustied and disres(ectful characterization carries with it ob/ious derogatory im(lications or innuendos which clearly constitute direct contem(t or contem(t in facie curiae%
