Scribd Logo
Upload

Welcome to Scribd!

  • 215 views

    Donald Baer Vs Tito Tizon

    Uploaded by

    Evangelyn Egusquiza
    1) Edgardo Gener filed a complaint for injunction against Donald Baer, the Commander of the U.S. Naval Base in Subic Bay, alleging that the base stopped his logging business. 2) The respondent judge, Tito Tizon, issued a restraining order against Baer. Baer filed a motion to dismiss, arguing he acted within his authority to maintain base security. 3) Despite Baer providing evidence that Gener's logging permit had expired, the judge denied the motion to dismiss and granted the preliminary injunction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Donald Baer Vs Tito Tizon

    Uploaded by

    Evangelyn Egusquiza
    215 views2 pages
    1) Edgardo Gener filed a complaint for injunction against Donald Baer, the Commander of the U.S. Naval Base in Subic Bay, alleging that the base stopped his logging business. 2) The respondent judge, Tito Tizon, issued a restraining order against Baer. Baer filed a motion to dismiss, arguing he acted within his authority to maintain base security. 3) Despite Baer providing evidence that Gener's logging permit had expired, the judge denied the motion to dismiss and granted the preliminary injunction.

    Original Title

    Donald Baer vs Tito Tizon

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Edgardo Gener filed a complaint for injunction against Donald Baer, the Commander of the U.S. Naval Base in Subic Bay, alleging that the base stopped his logging business. 2) The respondent judge, Tito Tizon, issued a restraining order against Baer. Baer filed a motion to dismiss, arguing he acted within his authority to maintain base security. 3) Despite Baer providing evidence that Gener's logging permit had expired, the judge denied the motion to dismiss and granted the preliminary injunction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    215 views2 pages

    Donald Baer Vs Tito Tizon

    Uploaded by

    Evangelyn Egusquiza
    1) Edgardo Gener filed a complaint for injunction against Donald Baer, the Commander of the U.S. Naval Base in Subic Bay, alleging that the base stopped his logging business. 2) The respondent judge, Tito Tizon, issued a restraining order against Baer. Baer filed a motion to dismiss, arguing he acted within his authority to maintain base security. 3) Despite Baer providing evidence that Gener's logging permit had expired, the judge denied the motion to dismiss and granted the preliminary injunction.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CONSTI 1

    Republic of the PhilippinesSUPREME COURTManila


    SECOND DIVISION

    G.R. No. L-24294 May 3, 1974 (57 SCRA 1, 6-8)


    DONALD BAER, Commander U.S. Naval Base, Subic Bay, Olongapo, Zambales,
    petitioner, vs.HON. TITO V. TIZON, as Presiding Judge of the Court of First Instance of
    Bataan, and EDGARDO GENER, respondents.

    Facts: Edgardo Gener, filed a complaint for injunction with the court of first instance
    of Bataan against petitioner, Donald Baer, Commander Of the United States Naval
    Base in Olongapo. Gener alleged that he was engaged in a logging business
    situated in Barrio Mabayo, Municipality of Morong, Bataan and the American Naval
    Base authorities stopped his logging business. The respondent judge, Tito v. Tizon
    issued a restraining order to Baer. Baer file a motion to dismiss by pointing out that
    the acts he has done is within the scope of his authority and for the maintenance of
    the security of their Naval Base. On Dec 14, 1964 an opposition and reply to
    petitioner's motion to dismiss is filed by respondent Gener, relying on the principle
    that "a private citizen claiming title and right of possession of certain property may,
    to recover possession of said property, sue as individuals, officers and agents of the
    Government, who are said to be illegally withholding the same from him, though in
    doing so, said officers and agents claim that they are acting for the
    Government."Petitioner, thereafter, made a written offer of documentary evidence,
    including certified copies of telegrams of the Forestry Director to Forestry personnel
    in Balanga, Bataan, directing immediate investigation of illegal timber cutting in
    Bataan and calling attention to the fact that the records of the office show no new
    renewal of timber license or temporary extension permits. The above
    notwithstanding, respondent Judge, issued an order granting respondent Gener's
    application for the issuance of a writ of preliminary injunction and denying
    petitioner's motion to dismiss the opposition to the application for a writ of
    preliminary injunction.

    Issue: whether or not there is a failure on the respondent's judge to adhere to the
    1987 Philippine Constitution, Article II, Section 2, stating that "The Philippines

    adopts the generally accepted principles of international law as part of the land and
    adheres to the policy of peace, equality, justice, freedom, cooperation, and amity
    with all nations."

    Held: Yes, there is a failure in the part of the lower court to take note of the absence
    of any legal right on the part of the petitioner.
    The writ of certiorari prayed for is granted, nullifying and setting aside the writ of
    preliminary injunction issued by the respondent judge.

    You might also like