PHILIPPINES INTERNATIONAL FAIR, INC., LUIS MONTILLA, FEDERICO MANGAHAS AND JUAN COLLAS, PETITIONERS, VS. HON. FIDEL IBAÑEZ, AS JUDGE OF THE COURT OF FIRST INSTANCE OF MANILA, PO…

This is a petition for a writ of certiorari and prohibition. As prayed for a writ of preliminary injunction was issued.

The facts pleaded in the petition are: The Philippines International
Fair, Inc. announced and published through daily newspapers the holding
of an essay contest entitled “500 Years of Philippine Progress” under
the rules which read as follows:

1. The subject of this contest is: “500 Years of Philippine Progress.”
2. The length of the essay should be not less than 800 words nor more than 1,000 words.
3. The essay must be a formal type aid should be historically correct.
4. The contest is open to everybody, regardless of sex, age, and
   religion—except to, members of the staff of the Philippines
   International Fair, Inc.
5. The contest opens July 1, 1952, and closes August 30, 1952.
6. Each of the 10 Manila daily newspapers will offer cash prize of P200 in
   the name of the Philippines International Fair, Inc. and a certificate
   of merit to the first prize winners.
7. Each newspaper running the contest will select and appoint a Jury to determine the winning essay.
8. All first prize winners in the different newspapers are automatically
   eligible to the Grand Prize of P500 and a diploma to be presented by
   the Philippines International Fair, Inc.
9. The
   Director General of the Philippines International Fair will select and
   appoint a Jury of three; members, including the Chairman, to determine
   the winner of the Grand prize.
10. The grand prize
    winning essay becomes the property of the Fair, and will be printed in
    the Official Program of the 1953 Philippines International Fair.
11. Newspaper editors may formulate their own rules and regulations
    provided these do not conflict with those of the Fair. (Exhibit A.)

Ten newspapers responded to the call and organized preliminary
contests. The newspapers certified their respective winners to the
Director General of the Philippines International Fair, Inc., who
appointed the judges to pass upon and examine the various essays
certified to by the newspapers as the winning essays in the preliminary
contests. After study of the various essays submitted the board of
judges adjudged Enrique Fernandez Lumba, representing La Opinion,
as winner of the final contest and transmitted its findings to the
Director General of the Philippines International Fair, Inc. Upon
learning of the result of the contest and the award made by the board
of judges, Ponciano B. Jacinto filed a complaint in the Court of First
Instance of Manila (civil case No. 18255) where the validity of the
award by the board of judges was drawn into question and the respondent
court issued a writ of preliminary injunction upon the filing of a bond
in the sum of P1,000.

The Philippines International Fair, Inc., Luis Montilla, Federico
Mangahas and Juan Collas answered the complaint and set up these
special defenses: (1) that the subject matter complained of is not of
such a character as would allow legally the court to intervene and that
for that reason the Court of First Instance of Manila has no
jurisdiction over the subject matter of the action and (2) that the
complaint states no cause of action. Simeon G. del Rosario filed a
petition for leave to intervene and filed his complaint in
intervention. The defendants set up in their answer to the complaint in
intervention the same special defenses. The plaintiff and intevenor
asked that the case be set for a preliminary hearing on the legal
issues raised in the first special defense to the complaints, the
defendants invoking the rule laid down in the case of Ramon Felipe, Sr.
vs. Hon. Jose M. Leuterio,^[*] G. R. No.
L-4606, 30 May 1952. After hearing, the respondent court ruled that it
had jurisdiction of the case. A motion for reconsideration was denied.
The writ of preliminary injunction was dissolved upon the filing by the
defendants of a counter bond in the sum of P5,000 to answer for any
damage which plaintiff Ponciano B. Jacinto and intervenor Simeon G. del
Rosario might suffer by reason of the continuance of the defendant’s
actions complained of. The hearing on the merits of the case was set
for 29 January 1953 at 8:30 a.m.; of which the parties were duly
notified.

The petitioners, defendants in the case pending in the respondent
court, contend that the jurisdiction attempted to be exercised by the
respondent court is contrary to law. And as there is no appeal or any
other plain, speedy and adequate remedy in the ordinary course of law
to prevent the respondent court from proceeding with the trial of the
case, they pray for a writ of preliminary injunction and after hearing
for a writ of certiorari and prohibition to enjoin the respondent court
from trying or hearing civil case No. 18255.

In their answer the respondents allege and claim that in the essay
contest in question there was an offer and acceptance which constitute
the consent or meeting of the minds of the contracting parties; there
was the essay contest, an object certain or the subject matter of the
contract; and the prize of P500, a diploma to be presented by the
Philippines International Fair, Inc., and the printing of then winning
essay in” the official program of the 1953 Philippines International
Fair were the cause or consideration of the contract; that the
provisions or rules of the essay contest were not complied with,
because the winning essay was written in Spanish and contained 1,864
words, whereas the essay chosen by the committee as winning was written
in English and contained less than 1,000 words; that in the
Felipe-Leuterio case the attempt to revise the award was made because
one of the judges admitted he had committed a mistake in grading,
whereas in this case the board of judges made the award in violation of
the rules promulgated for the contest; that in the Felipe-Leuterio case
it was a mere error, whereas in this case it was a commission of a
clear, palpable and manifest wrong, in clear abuse of authority and in
gross violation of the rights of respondent Ponciano B. Jacinto, who
was the first prize winner in three newspapers, namely, Bagong Buhay, Evening News and Star Reporter; and that a wrongful award was made in this case.

Although an order denying a motion to dismiss a complaint on the
ground of lack of jurisdiction is interlocutory, still if it is clear
that the trial court lacks jurisdiction a higher court of competent
jurisdiction would be justified in issuing a writ of certiorari and
prohibition, for the proceedings in the court below would be a nullity
and waste of time. But the facts alleged in the complaint filed in the
respondent court, if proved, constitute an actionable wrong or a
tortious act committed by the respondent board of judges. In the
absence of a clear showing that the respondent court lacks jurisdiction
over the case which involves an actionable wrong or a tortious act, the
time-honored rule that from an interlocutory order an appeal does not
lie must be adhered to. If from an interlocutory order an appeal does
not lie, an extraordinary legal remedy cannot be resorted to have the
order reviewed by a higher court.

The petition for a writ of certiorari and prohibition is denied and
the writ of preliminary injunction heretofore issued discharged,
without pronouncement as to costs.

 

Paras, C. J., Pablo, Bengzon, Montemayor, Reyes, Jugo, Bautista Angelo, Labrador, Concepcion, and Diokno, JJ., concur.

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^[*] 91 Phil., 482.