Case Digest: REPUBLIC OF THE PHILIPPINES v. SANDIGANBAYAN et al.

REPUBLIC OF THE PHILIPPINES v. SANDIGANBAYAN et al.

492 SCRA 747 (2006), EN BANC

Petitioner Republic of the Philippines filed a Petition for Certiorari against the respondent Sandiganbayan challenging the denial by the Sandiganbayan, of its Motion for Partial Summary Judgment. The Solicitor General alleges that its Motion for Partial Summary Judgment must first be resolved, as a continuation of the proceedings in the civil case by the Sandiganbayan might be rendered unnecessary in the event that its petition before the Supreme Court is resolved in its favor.

ISSUE:

Whether or not a writ of preliminary injuction can be granted during the pendency of the Petition for Certiorari against the Sandiganbayan

HELD:

The mere elevation of an interlocutory matter to this Court through a petition for Certiorari under Rule 65 of the Rules of Court, like in the present case, does not by itself merit a suspension of the proceedings before a public respondent, unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent.

The burden is thus on the petitioner in a petition for Certiorari, Prohibition and Mandamus to show that there is a meritorious ground for the issuance of a temporary restraining order or writ of preliminary injunction for the purpose of suspending the proceedings before the public respondent. Essential for granting injunctive relief is the existence of an urgent necessity for the writ in order to prevent serious damage.The Court finds that petitioner has failed to discharge the burden. The ground on which it bases its urgent motion is the alleged futility of proceeding with the trial of the case. This assertion, however, is speculative, anchored on the mere supposition that the petition would be decided in its favor. There is thus, in this case, a marked absence of any urgent necessity for the issuance of a temporary restraining order or writ of preliminary injunction.

The Supreme Court takes notice that in most cases where its interlocutory orders are challenged before this Court, Sandiganbayan, suspends proceedings in the cases in which these assailed interlocutory orders are issued despite the non-issuance by this Court of a temporary restraining order or writ of preliminary injunction and the absence of a strong probability that the issues raised before this Court would be rendered moot by a continuation of the proceedings before it.