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August-1995 Jurisprudence                 

  • G.R. No. 93117 August 1, 1995 - LOPEZ SUGAR CORPORATION v. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • Adm. Matter No. RTJ-92-836 August 2, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. JESUS V. MATAS

  • OCA I.P.I. No. 95-12-P August 3, 1995 - MARILES I. VILLANUEVA v. RODOLFO B. POLLENTES

  • G.R. No. 88326 August 3, 1995 - PEOPLE OF THE PHIL. v. WILLIAM A. FULINARA, ET AL.

  • G.R. No. 102422 August 3, 1995 - ANTONIO CATATISTA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113290-91 August 3, 1995 - PEDRO O. PALMERIA, SR. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113521-31 August 3, 1995 - PEOPLE OF THE PHIL. v. MANOLITO D. ESPINOZA

  • G.R. No. 93628 August 4, 1995 - PEOPLE OF THE PHIL. v. EDITHA S. DE GUZMAN

  • G.R. No. 97535 August 4, 1995 - MANILA ELECTRIC COMPANY v. LA CAMPANA FOOD PRODUCTS, INC.

  • Adm. Matter No. RTJ-93-983 August 7, 1995 - GUILLERMA DE LOS SANTOS-REYES v. JUDGE CAMILO O. MONTESA

  • G.R. No. 106784 August 7, 1995 - PEOPLE OF THE PHIL. v. WILLITO SALODAGA, ET AL.

  • Adm. Matter Nos. P-93-800 & P-93-800-A August 9, 1995 - RTC MAKATI MOVEMENT AGAINST GRAFT AND CORRUPTION v. INOCENCIO E. DUMLAO

  • G.R. No. 115132-34 August 9, 1995 - IMELDA R. MARCOS v. SANDIGANBAYAN

  • Adm. Matter No. RTJ-92-880 August 11, 1995 - CENTRUM AGRI-BUSINESS REALTY CORPORATION v. BETHEL KATALBAS-MOSCARDON

  • Adm. Matter No. RTJ-94-1243 August 11, 1995 - ANTONIO P. CHIN v. TITO G. GUSTILO, ET AL.

  • G.R. No. 76801 August 11, 1995 - LOPEZ REALTY, INC., ET AL. v. FLORENTINA FONTECHA, ET AL.

  • G.R. No. 94979 August 11, 1995 - ALFONSO GABALDON CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 97484 August 11, 1995 - SANTIAGO B. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 111289 August 11, 1995 - PEOPLE OF THE PHIL. v. VICTOR TORRES, ET AL.

  • G.R. No. 113793 August 11, 1995 - PEOPLE OF THE PHIL. v. JUAN M. GANZAGAN, JR.

  • Adm. Matter No. P-93-931 August 14, 1995 - VICENTE G. RUDAS v. LEONILA R. ACEDO

  • G.R. No. 99840 August 14, 1995 - PEOPLE OF THE PHIL. v. RODOLFO M. FEDERICO

  • G.R. No. 107994 August 14, 1995 - PHIL. AGRICULTURAL COMM’L. AND IND’L. WORKERS UNION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 108084 August 14, 1995 - PEOPLE OF THE PHIL. v. TIMOTEO SABAL

  • G.R. No. 109696 August 14, 1995 - THELMA P. OLEA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113219 August 14, 1995 - ANICETO G. MATEO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113652 August 14, 1995 - VICTORIANO A. CORMERO v. COURT OF APPEALS, ET AL.

  • G.R. No. 113782-84 August 14, 1995 - PEOPLE OF THE PHIL. v. MARIO C. ALIVIADO

  • G.R. No. 114051 August 14, 1995 - DAVID INES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114692 August 14, 1995 - PEOPLE OF THE PHIL. v. ABNER MALUNES

  • G.R. No. 115022 August 14, 1995 - PEOPLE OF THE PHIL. v. WILFREDO D. REYES

  • G.R. No. 117014 August 14, 1995 - HONORIO SANTIAGO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118118 August 14, 1995 - ALFREDO GUIEB v. LUIS M. FONTANILLA

  • G.R. No. 119617 August 14, 1995 - B. STA RITA AND CO., INC., ET. AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 91852 August 15, 1995 - TALISAY-SILAY MILLING CO., INC., ET AL. v. ASOCIACION DE AGRICULTORES DE TALISAY-SILAY, INC.

  • G.R. No. 100686 August 15, 1995 - PEPSI COLA DISTRIBUTORS OF THE PHILIPPINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 111359 August 15, 1995 - CALTEX REGULAR EMPLOYEES v. CALTEX (PHILIPPINES), INC.

  • G.R. No. 110034 August 16, 1995 - PEOPLE OF THE PHIL. v. AVELINO GAZMEN, ET AL.

  • G.R. No. 113995 August 16, 1995 - PEOPLE OF THE PHIL. v. GAMALIEL T. PAYAWAL

  • G.R. No. 93728 August 21, 1995 - PEOPLE OF THE PHIL. v. MICHAEL HERRERA, ET AL.

  • G.R. No. 107534 August 21, 1995 - PEOPLE OF THE PHIL. v. RAUL I. CABINTOY

  • G.R. No. 111091 August 21, 1995 - CLARO J. PRECLARO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117246 August 21, 1995 - BENIGNO MANUEL, ET AL. v. NICODEMO T. FERRER

  • G.R. No. 119891 August 21, 1995 - BEN STA. RITA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-94-1108 August 23, 1995 - MARIANETTE VILLAREAL v. ROLANDO T. RARAMA, ET AL.

  • Adm. Matter No. RTJ-87-104 August 23, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. JOSE M. ESTACION, JR.

  • Adm. Matter No. RTJ-94-1270 August 23, 1995 - OFFICE OF THE COURT ADMINISTRATOR v. RENATO A. FUENTES

  • Adm. Matter No. 95-3-89-RTC August 23, 1995 - IN RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE RTC BRANCH 16

  • G.R. No. 79968 August 23, 1995 - PETER RODRIGUEZ v. PROJECT 6 MARKET SERVICE COOPERATIVE, INC., ET AL.

  • G.R. No. 88278 August 23, 1995 - PEOPLE OF THE PHIL. v. DONALD BALLAGAN

  • G.R. No. 101690 August 23, 1995 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS

  • G.R. No. 105455 August 23, 1995 - EXCELSA INDUSTRIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110401 August 23, 1995 - EDGARDO GUEVARA, ET AL. v. HERMINIO I. BENITO

  • G.R. Nos. 113513-14 August 23, 1995 - PEOPLE OF THE PHIL. v. JIMMY CONTE

  • G.R. Nos. 114061 & 113842 August 23, 1995 - KOREAN AIRLINES CO., LTD. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 114841-42 August 23, 1995 - ATLANTIC GULF AND PACIFIC COMPANY OF MANILA, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114920 August 23, 1995 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 115987 August 23, 1995 - PEOPLE OF THE PHIL. v. FLORENTINO REOVEROS

  • G.R. No. 116132-33 August 23, 1995 - PEOPLE OF THE PHIL. v. AURELIO U. DELOVINO

  • G.R. No. 121234 August 23, 1995 - HUBERT J. P. WEBB v. RAUL E. DE LEON

  • Adm. Matter No. P-92-768 August 28, 1995 - CASIANO WENCESLAO v. RESTITUTO MADRAZO

  • G.R. No. 104664 August 28, 1995 - PEOPLE OF THE PHIL. v. ELYBOY O. SO

  • G.R. No. 111386 August 28, 1995 - METAL FORMING CORPORATION v. OFFICE OF THE PRESIDENT

  • G.R. No. 115407 August 28, 1995 - MIGUEL P. PANDERANGA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118531 August 28, 1995 - JULIANA D. DEL ROSARIO v. JOB MADAYAG

  • G.R. No. 107762 August 29, 1995 - ALBERTO S. ACENAS II v. COURT OF APPEALS, ET AL.

  • G.R. No. 113161 August 29, 1995 - PEOPLE OF THE PHIL. v. LOMA O. GOCE

  • G.R. No. 96125 August 31, 1995 - PEOPLE OF THE PHIL. v. AMBROSIO RONQUILLO

  • G.R. No. 111017 August 31, 1995 - BLISS DEVELOPMENT CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

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    G.R. No. 110401   August 23, 1995 - EDGARDO GUEVARA, ET AL. v. HERMINIO I. BENITO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 110401. August 23, 1995.]

    EDGARDO GUEVARA and LOURDES GUEVARA, Petitioners, v. HON. HERMINIO I. BENITO, Presiding Judge of Branch 132 of the RTC of Makati, and FAR EAST BANK & TRUST CO., Respondents.

    Jacinto D. Jimenez for Petitioner.

    Valdellion Bathan Santiago & Burkley for Private Respondent. .


    SYLLABUS


    1. REMEDIAL LAW; JUDGMENT; "RES JUDICATA" ; ELEMENTS. — For a judgment to constitute a bar to a subsequent case (1) it must be a final judgment; (2) the court which rendered it must have jurisdiction over the subject matter and the parties; (3) it must be on the merits; and (4) there must be between the two cases identity of parties, subject matter, and causes of action.

    2. ID.; ID.; ID.; ID., WHEN NOT PRESENT; CASE AT BAR. — All elements of res judicata, except the last, are present here. For while there is an identity of parties, there is none as to subject matter and cause of action between Civil Case No. 87-4140 and Civil Case No. 92-2818. The subject matter of the first case (Civil Case No. 87-4140) was the resale to petitioners of the property which the bank had acquired through foreclosure sale, whereas the subject matter of the second case (Civil Case No. 92-2818), is the rescheduling of payment of the property after the parties originally fixed it in their compromise agreement. Nor are the causes of action in the two cases the same, so much so that the same evidence would not support both of them, which is the test of the identity of causes of action. Indeed the causes of action cannot be the same for the reason that, if true, the cause of action in the complaint in Civil Case No. 92-2818 only arose after the judgment in Civil Case No. 87-4140.

    3. ID.; ID.; JUDGMENT BY COMPROMISE; RULE. — The principle of res judicata does not apply, since it extends only to the facts and conditions as they existed at the time the judgment was rendered. (Caiña v. Court of Appeals, 239 SCRA 252 [1994]) Petitioners’ claim is that private respondent agreed to waive in their favor the time clause in the Deed of Conditional Sale starting with the installment which became due on May 4, 1992. They are thus alleging facts which did not occur until after the judgment by compromise had been rendered in Civil Case No. 87-4140 on March 30, 1992. This case is governed by the ruling in Lao Lim v. Court of Appeals, 191 SCRA 151 (1990) that a compromise agreement cannot cover any cause of action that might arise after the making of the agreement and that any cause of action which may arise from the application or violation of the compromise agreement is not barred by what was settled in the prior case. It may very well be that petitioners are claiming novation of the compromise agreement merely to escape the effects of their non-compliance therewith or that if there is indeed any new contract it is unenforceable under the Statute of Frauds. This is, however, an matter of defense and proof wvhich is properly left for determination by the trial court after trial.


    D E C I S I O N


    MENDOZA, J.:


    This is a petition for review on certiorari of the orders of March 17 and May 7, 1993 of the Regional Trial Court of Makati (Branch 132) in Civil Case No. 92-2818.

    The facts are as follows:chanrob1es virtual 1aw library

    On March 16, 1992, the herein petitioner spouses Edgardo and Lourdes Guevara and the private respondent Far East Bank & Trust Co. entered into a compromise agreement to settle Civil Case No. 87-4140 which petitioners had brought in the Regional Trial Court of Manila, for the recovery of property foreclosed by the bank. Attached to the agreement was a Deed of Conditional Sale executed by the parties and made a part of the, agreement, whereby in consideration of the sum of P498,960.00 the bank agreed to resell to petitioners the property which the latter formerly owned, which had been foreclosed by the bank.

    Under the compromise agreement, petitioners were to give downpayment of P45,000.00 and pay the balance of P453,960.00 in twelve (12) monthly installments of P37,830.00 each, starting February 4, 1992, plus interest at the rate of 32%. Should petitioners fail to pay any installment on time, it was stipulated that they would forfeit all payments made and the bank would then be entitled to rescind the Deed of Conditional Sale.

    On March 30, 1992, the RTC approved the compromise agreement and rendered judgment in accordance with its terms and conditions.

    Petitioners paid the first three installments. On September 30, 1992, however, they filed a complaint which they later amended on December 18, 1992, in the RTC of Makati, alleging that because of race rioting in Los Angeles, California following the acquittal of police officers involved in the manhandling of Rodney King, a black, petitioners’ film business in California was disrupted, with consequent delay in payment by the State of petitioners’ claim for film and television projects, and that petitioners requested and private respondent agreed to waive the time clause of the monthly installments, starting with the installment due on May 4 1992. However, so it was alleged, the parties failed to fix the schedule of payment of the balance of the purchase price which then amounted to P386,605.78. Petitioners prayed that a new period for payment of the balance be fixed and that private respondent be ordered to reconvey the property to them upon full payment of the balance.

    Private respondent denied that it had agreed to waive the time clause. It asked the court to dismiss petitioners’ complaint on the ground that it was barred by the judgment in the prior case (Civil Case No. 87-4140) decided by the RTC of Manila.

    On March 17, 1993, the RTC granted private respondent’s motion and dismissed the case (Civil Case No. 92-2818). On May 7. 1993, it denied petitioner’s motion for reconsideration. Hence this petition for review on certiorari.

    The only issue in this case is whether the judgment based on the compromise agreement in Civil Case No. 87-4140 constitutes res judicata in the subsequent case between the same parties. We hold that it does not.

    For a judgment to constitute a bar to a subsequent case (1) it must be a final judgment; (2) the court which rendered it must have jurisdiction over the subject matter and the parties; (3) it must be on the merits; and (4) there must be between the two cases identity of parties, subject matter, and causes of action.

    All elements of res judicata, except the last, are present here. For while there is an identity of parties, there is none as to subject matter and cause of action between Civil Case No. 87-4140 and Civil Case No. 92-2818.

    The subject matter of the first case (Civil Case No. 87-4140) was the resale to petitioners of the property which the bank had acquired through foreclosure sale, whereas the subject matter of the second case (Civil Case No. 92-2818), is the rescheduling of payment of the property after the parties originally fixed it in their compromise agreement.

    Nor are the causes of action in the two cases the same, so much so that the same evidence would not support both of them, which is the test of the identity of causes of action. Indeed the causes of action cannot be the same for the reason that, if true; the cause of action in the complaint in Civil Case No. 92-2818 only arose after the judgment in Civil Case No. 87-4140.

    To be sure petitioners’ later claim, if granted, would result in the modification of the judgment in the first case, but no more so than if on account of force majeure petitioners were granted further time within which to discharge their obligation under that judgment.

    The principle of res judicata res not apply, since it extends only to the facts and conditions as they existed at the time the judgment was rendered. (Caiña v. Court of Appeals, 239 SCRA 252 (1994)) Petitioners’ claim is that private respondent agreed to waive in their favor the time clause in the Deed of Conditional Sale starting with the installment which became due on May 4, 1992. They are thus alleging facts which did not occur until after the judgment by compromise had been rendered in Civil Case No. 87-4140 on March 30, 1992. This case is governed by the ruling in Lao Lim v. Court of Appeals, 191 SCRA 151(1990) that a compromise agreement cannot cover any cause of action that might arise after the making of the agreement and that any cause of action which may arise from the application or violation of the compromise agreement is not barred by what was settled in the prior case.

    It may very well be that petitioners are claiming novation of the compromise agreement merely to escape the effects of their noncompliance therewith or that if there is indeed any new contract it is unenforceable under the Statute of Frauds. This is, however, a matter of defense and proof which is properly left for determination by the trial court after trial.

    WHEREFORE, the orders dated March 17, 1993 and May 7, 1993 issued in Civil Case No. 92-2818 of the Regional Trial Court of Makati (Branch 132) are REVERSED.

    SO ORDERED.

    Regalado, Puno and Francisco, JJ., concur.

    Narvasa, C.J., is on leave.

    G.R. No. 110401   August 23, 1995 - EDGARDO GUEVARA, ET AL. v. HERMINIO I. BENITO


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