BENJAMIN Y. GOLEZ, REYNALDO B. ARALAR, HONORABLE GERINO M. TOLENTINO, PRESIDING JUDGE OF BRANCH IV, CITY COURT OF MANILA, FRANCISCO L. GARCIA, DEPUTY SHERIFF OF THE CITY OF MANI…

It appears that petitioner Benjamin Y. Golez, assisted by his
counsel, petitioner Reynaldo B. Aralar, filed an ejectment case against private
respondent Vicente V. Aldaba which was docketed as Civil Case No. 035129-CV and
assigned to Branch IV of the City Court of Manila presided by petitioner City
Judge Gerino M. Tolentino.  On September
25, 1978, petitioner Manila City Judge Tolentino rendered a decision by default
against private respondent Aldaba, who thereafter filed a petition for relief
on November 13, 1978 which was docketed as Civil Case No. 119568 and assigned
to Branch XXXVIII of the Manila Court of First Instance presided by Judge Tomas
Leonidas who issued on November 21, 1978 a writ of preliminary injunction to
stay the execution of the decision of September 25, 1978 rendered by petitioner
Manila City Judge Tolentino.

On February 8, 1979,
after hearing, respondent Judge Leonidas dismissed Civil Case No. 119568 for
relief from judgment upon finding that the allegations of the petition are not
true.

After receipt of the order dismissing said Civil Case No. 119568,
petitioner Golez reiterated, and petitioner Manila City Judge Tolentino granted
on February 12, 1979, the
pending motion of peti­tioner Golez for execution pending appeal; and the
decision in the ejectment case No. 035129-CV was accordingly executed.

After such execution of said judgment, private respondent Aldaba
filed on March 2, 1979 a petition for contempt in the same Civil Case No.
119568 against petitioners Golez, Aralar, City Judge Tolentino and the sheriff
on the ground that the February 8, 1979 order of dismissal issued by respondent
Judge Leonidas in said Civil Case has not yet become final.

Respondent Judge Leonidas denied on June 3, 1980 the motion to dismiss the petition for
contempt filed on May 16, 1980
by herein petitioners Golez and Aralar, and on March 16, 1981 their motion for reconsideration.

Hence, this petition.

When respondent Judge Leonidas dismissed the petition for relief
from judgment such dismissal necessarily carried with it the lifting of the
writ of preliminary injunction he issued upon the filing of the petition for
relief from judgment, said writ being interlocutory and ancillary in character
which is automatically lifted upon dismissal of the main case (Roldan, Jr. vs.
Arca, 65 SCRA 336, 344 [1975];
National Sugar Workers’ Union, etc. vs. La Carlota Sugar Central, et al., 45
SCRA 104, 109 [1972]; Lazaro vs. Mariano, 59 Phil. 627, 631 [1934]; Saavedra
vs. Ibañez, 56 Phil. 33, 37 [1931]; Hi Caiji vs. Phil. Sugar Estates and
Development Company, 50 Phil. 592, 594 [1927]), regardless of whether the
period for filing a motion for reconsideration of the order dismissing the case
or appeal therefrom has expired or not.

Moreover, the writ of execution was issued on February 20, 1979, one day before
respondent Aldaba filed on February
21, 1979 his motion dated February
17, 1979 for reconsideration of said order of dismissal.

At the bottom left of the writ of execution, appears a notice to
vacate signed by herein peti­tioner deputy sheriff Francisco L. Garcia giving
private respondent Aldaba and all other persons living under him five (5) days
from February 22, 1979 or up to
February 26, 1979 to voluntarily vacate the premises (Annex 4-B, p. 32-A,
rec.).  And upon ex parte
motion of said deputy sheriff to force open the premises, City Judge Tolentino
granted such authority on March 1, 1979 provided that such forcible opening of the
premises is done in the presence of a police officer (Annex 5, p. 33,
rec.).  The notice of sale or execution
of the personal properties seized from the premises occupied by private
respondent Aldaba pursuant to the writ of execution, was issued on March
26, 1979 by the
acting executive sheriff (Annexes 9 & 9-A, p. 40, rec.).

Evidently, the writ of
execution was implemented with all the formalities of the law and with the
least inconvenience to private respondent.

Hence, the respondent judge erred in enter­taining the petition
for contempt filed by private respondent against herein petitioners.

WHEREFORE, THE ORDERS OF RESPONDENT JUDGE LEONIDAS DATED
JUNE 3, 1980 AND MARCH 16, 1981 ARE HEREBY SET ASIDE AND THE RESPONDENT JUDGE
IS HEREBY DIRECTED TO DESIST FROM FURTHER PROCEEDING IN THE PETITION FOR
CONTEMPT IN CIVIL CASE NO. 119568.  NO
COST.

SO ORDERED.

Teehankee, (Chairman), Fernandez, Guerrero, and Melencio-Herrera, JJ., concur.