G.R. No. 19114 ; June 26, 1922
SALVADOR JARANILLA, municipal president of Cavite, petitioner, vs. ANDRES JACINTO, justice of peace of Cavite, and O. E. HART, respondents.

FACTS

The respondent justice of the peace of Cavite, acting in the absence of the Judge of the Court of First Instance, issued a preliminary injunction against respondent O.E. Hart in a civil case where petitioner Salvador Jaranilla was the plaintiff. Subsequently, Hart filed a bond for the dissolution of the injunction, and on the same day, upon Hart’s ex parte verbal motion, the justice of the peace issued an order dissolving the injunction without notice to Jaranilla. Jaranilla filed a petition for certiorari, contending that the justice of the peace had no jurisdiction to dissolve the injunction ex parte and without notice.

ISSUE

Whether the justice of the peace acted without or in excess of jurisdiction in dissolving the preliminary injunction ex parte and without notice, such that the error is correctible by certiorari.

RULING

No. The petition for certiorari is denied. If the justice of the peace had jurisdiction to issue the injunction, he also had jurisdiction to dissolve it. Assuming that notice of the motion to dissolve was necessary, the failure to give such notice constitutes a mere irregularity in the proceedings that does not affect the court’s jurisdiction. Such an error is not correctible by certiorari. The proper remedy for the aggrieved party is to file a motion in the same court to have the order set aside or to cure the irregularity.