Barrameda v Gontang  The petitioner maintains that the respondent Judge

acted without or in excess of his jurisdiction in issuing

Facts:
the order complained of, upon the theory that it was
 Barrameda was the registered owner of 3 parcels of based upon a writ of possession and an alias writ
land regarding which he was not made a party
 He mortgaged the lands to the Development Bank ISSUE: WHETHER AN INJUNCTION IS A REMEDY TO
of the Philippines in order to secure the payment of PROTECT THE OWNER OF THE LAND, BEING IN
an agricultural loan of P22,000 POSSESSION, FROM ILLEGITIMATE ACTS OF
 However, he was not able to pay when it became REPEATED INTRUSION BY A STRANGER
due
 The DBP foreclosed the mortgage RATIO/HELD: YES! Petition dismissed
 In an auction sale, DBP was the highest bidder
 When the DBP filed the ex parte petition for a writ
 Barrameda failed to redeem the land
of possession it was admittedly the owner of the
 The DBP then consolidated its ownership and after,
property
sold the property to Carmen Gontang and Rodolfo
 As the purchaser thereof, it was entitled, upon
General
confirmation of the sale, to the possession of the
 DBP filed a writ of possession over the land
premises, and to the aid of the court in effecting its
 Thus, a writ of possession was issued to make the delivery, the reason being that upon confirmation of
DBP in possession of the property and to eject all the sale, the ownership of the property is transferred
occupants, including Leoncio Barrameda and Fidela to the purchaser
Terrero
 The injunction is recognized as a perfectly
 The writ was not served for failure of the DBP to pay legitimate remedy to protect the owner of the land,
the sheriff's fee. being in possession, from illegitimate acts of repeated
 An alias writ was subsequently issued and by virtue intrusion by a stranger, as where a person who has no
of this alias writ, the DBP, represented by its right to enter from time to time, cut wood, or carry
successors-in-interest, Gontang and General, took other products
possession of the land
o Alias writ is an additional writ or
second writ that is issued after an earlier writ of
that kind has been issued but has not been
effective.
 But because of the repeated attempts of Leoncio
Barrameda, through his armed men, to re-enter the
land and get the landowner's share of the harvest,
Gontang and General asked for the issuance of a
preliminary injunction to enjoin Barrameda and his
men from disturbing them in their possession of the
land
 After due hearing, the court issued a preliminary
injunction against Barrameda.
 The latter's motion for reconsideration was
subsequently denied.
 Hence, this petition for certiorari and prohibition
with preliminary injunction filed by Leoncio
Barrameda against Judge Rafael de la Cruz of the
Court of First Instance of Camarines Sur, Carmen
Gontang and Rodolfo General.