The issue in this case is whether the non-issuance by the Court of Appeals (CA) of an injunction justify the act of the Regional Trial Court (RTC) in granting the petition for mandamus. The answer is in the negative. The Supreme Court has held in several cases that there are instances where, even if there is no writ of preliminary injunction or TRO issued by a higher court, it would be proper for a lower court or court of origin to suspend its proceedings on the precept of judicial courtesy. Here, the RTC did not apply this principle in the proceeding for the petition for mandamus. It failed to consider the fact that the propriety of the very directives under the writ of mandamus sought is wholly reliant on the CA resolution and that
judicial courtesy dictates that it suspend its proceedings and await the CA‘s resolution of the petition for review filed by the petitioner (
Aquino v. Municipality of Malay, Aklan, GR No. 211356).
