On September 7, 2007, a Manifestation41[41] was filed informing this Court
that petitioner Grace Guy Cheu died intestate on August 12, 2007 in the United
States of America.
Petitioners
raised
the
following
grounds
in
their
Consolidated
Memorandum42[42] dated March 27, 2007:
I.
THE COURT OF APPEALS GRAVELY ABUSED ITS DISCRETION AND
ERRED IN HOLDING THAT THE LOWER COURT HAS NO JURISDICTION
OVER CIVIL CASE NO. 04-110179 AND ISSUE A WRIT OF PRELIMINARY
INJUNCTION THEREIN CONSIDERING THAT THE INSTANT CASE IS AN
EXCEPTION TO THE RULE ON PRIMARY JURISDICTION DOCTRINE
AND WARRANTS PETITIONERS' IMMEDIATE RESORT TO JUDICIAL
INTERVENTION.
A.
CONSIDERING THAT PROOF OF PETITIONERS' PHILIPPINE
CITIZENSHIP IS SUBSTANTIAL, PETITIONERS ARE
ALLOWED UNDER THIS HONORABLE COURT'S RULING
IN BID V. DELA ROSA, SUPRA, TO SEEK INJUNCTIVE
RELIEF FROM THE REGIONAL TRIAL COURT TO ENJOIN
THE
DEPORTATION
PROCEEDINGS
CONDUCTED
AGAINST THEM.
B.
LIKEWISE, CONSIDERING THAT PETITIONERS STAND TO
SUFFER GRAVE AND IRREPARABLE INJURIES SHOULD
THE DEPORTATION PROCEEDINGS AGAINST THEM BE
ALLOWED TO CONTINUE, PETITIONERS ARE ALLOWED
UNDER TE LAW TO IMMEDIATELY SEEK JUDICIAL
41[41] Id. at 366-369.
42[42] Id. at 235-291.