Petitioner
In the Matter of the Voluntary Insolvency of the Capiz Central. Urquijo
Respondent
Timoteo Unson
Citation
G.R. No. 25044
Court
Supreme Court En Banc
Division
En Banc
Ponente
Street, J.
Decided
March 27, 1926

Summary

This Supreme Court En Banc case established important precedents regarding mandamus jurisdiction and insolvency appeals. Petitioner Urquijo, Zuloaga y Escubi sought to compel Judge Santamaria to certify a record on appeal from an insolvency order that granted preferential status to competing creditors while denying petitioner's vendor's lien preference claim. The Court ruled that mandamus lies to compel judicial certification duties imposed by court rules, that insolvency appeals are available for claim preference determinations even outside formal assignee account hearings, and that disputes over preferential versus ordinary claim status constitute appealable rejections 'in whole or in part.' The decision liberally interpreted procedural statutes to preserve appeal rights in insolvency proceedings, preventing courts from frustrating appeals through procedural manipulation while clarifying the scope of Supreme Court original mandamus jurisdiction over lower court judges.

Statutes applied

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By the Intellegal Editorial Board · March 27, 1926

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