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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
August-2001 Jurisprudence                 

  • G.R. No. 126899 August 2, 2001 - PEOPLE OF THE PHIL. v. FELICITO T. BARBOSA

  • G.R. No. 128137 August 2, 2001 - PEOPLE OF THE PHIL. v. MARIO HAMTO

  • G.R. No. 131203 August 2, 2001 - PEOPLE OF THE PHIL. v. GUILLERMO CARIÑO

  • G.R. No. 137473 August 2, 2001 - ESTELITO V. REMOLONA v. CSC

  • G.R. Nos. 141702-03 August 2, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC, ET AL.

  • G.R. Nos. 128816 & 139979-80 August 8, 2001 - PEOPLE OF THE PHIL. v. ALFREDO P. CABILTO, ET AL.

  • G.R. No. 131817 August 8, 2001 - PEOPLE OF THE PHIL. v. DANTE L. DOMINGO

  • G.R. Nos. 133791-94 August 8, 2001 - PEOPLE OF THE PHIL. v. CORNELIO SUPNAD

  • G.R. No. 135065 August 8, 2001 - PEOPLE OF THE PHIL. v. BENNY CABANGCALA, ET AL.

  • Adm. Case No. 4982 August 9, 2001 - KATRINA JOAQUIN CARIÑO v. ARTURO DE LOS REYES

  • A.M. No. 01-2-47-RTC August 9, 2001 - RE: JUDGE GUILLERMO L. LOJA,

  • A.M. No. MTJ-01-1365 August 9, 2001 - CESINA EBALLA v. ESTRELLITA M. PAAS, ET AL.

  • Adm. Matter No. P-01-1495 August 9, 2001 - ESMERALDO D. VISITACION v. GREDAM P. EDIZA

  • A.M. No. RTJ-99-1506 August 9, 2001 - JOSEFINA MERONTOS Vda. de SAYSON v. OSCAR E. ZERNA

  • A.M. No. P-01-1489 August 9, 2001 - CATALINO BAUTISTA, ET AL. v. AMELITA O. MENDOZA

  • G.R. No. 110740 August 9, 2001 - NDC-GUTHRIE PLANTATIONS, ET AL. v. NLRC, ET AL.

  • G.R. No. 112485 August 9, 2001 - EMILIA MANZANO v. MIGUEL PEREZ SR., ET AL.

  • G.R. No. 129209 August 9, 2001 - PEOPLE OF THE PHIL. v. JESEMIEL MOSQUERRA, ET AL.

  • G.R. No. 134565 August 9, 2001 - PEOPLE OF THE PHIL v. LUDIVINO MIANA, ET AL.

  • G.R. Nos. 138472-73 August 9, 2001 - PEOPLE OF THE PHIL. v. NOEL PADILLA

  • G.R. No. 138964 August 9, 2001 - VICENTE RELLOSA, ET AL. v. GONZALO PELLOSIS, ET AL.

  • G.R. No. 139411 August 9, 2001 - PEOPLE OF THE PHIL. v. AGAPITO TORALBA

  • G.R. No. 139532 August 9, 2001 - REGAL FILMS v. GABRIEL CONCEPCION

  • G.R. No. 139665 August 9, 2001 - MA. VILMA S. LABAD v. UNIVERSITY OF SOUTHEASTERN PHIL., ET AL.

  • G.R. No. 140347 August 9, 2001 - PEOPLE OF THE PHIL. v. ROLANDO OLITA

  • G.R. No. 142546 August 9, 2001 - ANASTACIO FABELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 142838 August 9, 2001 - ABELARDO B. LICAROS v. ANTONIO P. GATMAITAN

  • G.R. No. 143881 August 9, 2001 - DANILO EVANGELISTA v. PEDRO SISTOZA, ET AL.

  • G.R. No. 143949 August 9, 2001 - ATCI OVERSEAS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144089 August 9, 2001 - CONCORDE HOTEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 126480 August 10, 2001 - MARIA TIN v. PEOPLE OF THE PHIL.

  • G.R. No. 129162 August 10, 2001 - PEOPLE OF THE PHIL. v. WILLY FIGURACION, ET AL.

  • G.R. No. 130998 August 10, 2001 - MARUBENI CORP. ET AL. v. FELIX LIRAG

  • G.R. Nos. 137934 & 137936 August 10, 2001 - BATANGAS LAGUNA TAYABAS BUS COMPANY, ET AL. v. BENJAMIN M. BITANGA. ET AL.

  • G.R. No. 143673 August 10, 2001 - CONRADO TUAZON, ET AL. v. ERNESTO GARILAO, ET AL.

  • G.R. No. 144708 August 10, 2001 - RAFAEL ALBANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 146724 August 10, 2001 - GIL TAROJA VILLOTA v. COMELEC, ET AL.

  • G.R. No. 136266 August 13, 2001 - EUTIQUIO A. PELIGRINO v. PEOPLE OF THE PHIL.

  • A.M. No. RTJ-01-1612 August 14, 2001 - MARCO FRANCISCO SEVILLEJA v. ANTONIO N. LAGGUI

  • A.M. No. P-00-1438 August 14, 2001 - JUNN F. FLORES v. ROGER S. CONANAN

  • G.R. No. 135482 August 14, 2001 - ORLANDO SALVADOR v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 136192 August 14, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO DESIERTO, ET AL.

  • G.R. No. 141617 August 14, 2001 - ADALIA B. FRANCISCO and MERRYLAND DEVELOPMENT CORPORATION v. RITA C. MEJIA

  • G.R. No. 142276 August 14, 2001 - FLORENTINO GO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142662 August 14, 2001 - PEOPLE OF THE PHIL. v. JERRY FERRER

  • A.C. No. 5486 August 15, 2001 - IN RE: ATTY. DAVID BRIONES.

  • A.M. RTJ No. 89-403 August 15, 2001 - MOLINTO D. PAGAYAO v. FAUSTO H. IMBING

  • A.M. No. 96-9-332-RTC August 15, 2001 - DIRECTOR, PNP NARCOTICS COMMAND v. JAIME N. SALAZAR

  • A.M. No. P-99-1311 August 15, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. ALBERTO V. GARONG

  • G.R. Nos. 113822-23 August 15, 2001 - PEOPLE OF THE PHIL. v. RAUL L. PABLO, ET AL.

  • G.R. No. 118492 August 15, 2001 - GREGORIO H. REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120468 August 15, 2001 - PEOPLE OF THE PHIL. v. LOPE B. LIWANAG, ET AL.

  • G.R. No. 128177 August 15, 2001 - ROMAN SORIANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 129295 August 15, 2001 - PEOPLE OF THE PHIL. v. EDWIN MORIAL, ET AL.

  • G.R. No. 129598 August 15, 2001 - PNB MADECOR v. GERARDO C. UY

  • G.R. No. 130360 August 15, 2001 - WILSON ONG CHING KIAN CHUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 136834 August 15, 2001 - FELIX SENDON, ET AL. v. FRATERNIDAD O. RUIZ, ET AL.

  • G.R. No. 137271 August 15, 2001 - PEOPLE OF THE PHIL v. REYNALDO CORRE JR., ET AL.

  • G.R. No. 137509 August 15, 2001 - PEVET ADALID FELIZARDO, ET AL v. SIEGFREDO FERNANDEZ

  • G.R. Nos. 137969-71 August 15, 2001 - PEOPLE OF THE PHIL v. RAFAEL SALALIMA

  • G.R. No. 139337 August 15, 2001 - MA. CARMINIA C. ROXAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 139420 August 15, 2001 - ROBERTO R. SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 140900 & 140911 August 15, 2001 - PEOPLE OF THE PHIL. v. RODERICK LICAYAN, ET AL.

  • G.R. No. 143340 August 15, 2001 - LILIBETH SUNGA-CHAN, ET AL v. LAMBERTO T. CHUA

  • G.R. No. 144813 August 15, 2001 - GOLD LINE TRANSIT v. LUISA RAMOS

  • G.R. No. 147270 August 15, 2001 - IN RE: PETE C. LAGRAN

  • A.M. No. RTJ-00-1565 August 16, 2001 - FEDERICO S. BERNARDO v. PATERNO G. TIAMSON

  • G.R. No. 119900 August 16, 2001 - SUNNY MOTORS SALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 121897 August 16, 2001 - PEOPLE OF THE PHIL. v. GIL TEMPLA, ET AL.

  • G.R. No. 126200 August 16, 2001 - DEV’T. BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126926 August 16, 2001 - RAMON P. ARON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127543 August 16, 2001 - INTERNATIONAL PIPES, ET AL. v. F. F. CRUZ & CO.

  • G.R. No. 132155 August 16, 2001 - ARAS-ASAN TIMBER CO. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. 134292 August 16, 2001 - PEOPLE OF THE PHIL. v. FRANCO MORALES

  • G.R. No. 136365 August 16, 2001 - ENRIQUE R. CAMACHO, ET AL. v. PHIL. NAT’L. BANK, ET AL.

  • G.R. No. 136780 August 16, 2001 - JEANETTE D. MOLINO v. SECURITY DINERS INTERNATIONAL CORP.

  • A.M. No. RTJ-00-1597 August 20, 2001 - WILSON ANDRES v. ORLANDO D. BELTRAN

  • A.M. No. RTJ-94-1131 August 20, 2001 - MIGUEL ARGEL v. HERMINIA M. PASCUA

  • G.R. No. 110055 August 20, 2001 - ASUNCION SAN JUAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111685 August 20, 2001 - DAVAO LIGHT & POWER CO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131866 August 20, 2001 - PEOPLE OF THE PHIL. v. CARLOS DOCTOLERO

  • G.R. No. 132174 August 20, 2001 - GUALBERTO CASTRO v. RICARDO GLORIA

  • G.R. No. 132684 August 20, 2001 - HERNANI N. FABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 134718 August 20, 2001 - ROMANA INGJUGTIRO v. LEON V. CASALS, ET AL.

  • G.R. No. 142401 August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 137299 August 21, 2001 - PEOPLE OF THE PHIL. v. FRANCISCO NANAS

  • G.R. No. 138869 August 21, 2001 - DAVID SO v. COURT OF APPEALS, ET AL.

  • G.R. No. 140519 August 21, 2001 - PHIL. RETIREMENT AUTHORITY v. THELMA RUPA

  • G.R. No. 130817 August 22, 2001 - PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS v. ANIANO A. DESIERTO, ET AL.

  • G.R. No. 138403 August 22, 2001 - PEOPLE OF THE PHIL. v. ROLLY C. ABULENCIA

  • G.R. Nos. 141712-13 August 22, 2001 - PEOPLE OF THE PHIL. v. EDMUNDO M. BOHOL

  • G.R. No. 143867 August 22, 2001 - PLDT v. CITY OF DAVAO, ET AL.

  • G.R. No. 128628 August 23, 2001 - ILDEFONSO SAMALA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133749 August 23, 2001 - HERNANDO R. PEÑALOSA v. SEVERINO C. SANTOS

  • G.R. No. 133789 August 23, 2001 - PEOPLE OF THE PHIL. v. EDUARDO P. CHUA, ET AL.

  • G.R. No. 136506 August 23, 2001 - REPUBLIC OF THE PHIL. v. ANIANO A. DESIERTO, ET AL.

  • G.R. Nos. 137199-230 August 23, 2001 - PEOPLE OF THE PHIL. v. GEORGE J. ALAY-AY

  • G.R. No. 137842 August 23, 2001 - PEOPLE OF THE PHIL. v. DANILO H. CATUBIG

  • G.R. No. 138588 August 23, 2001 - FAR EAST BANK & TRUST COMPANY v. DIAZ REALTY INC.

  • G.R. No. 138022 August 23, 2001 - PEOPLE OF THE PHIL. v. PEDRO A. FRANCISCO

  • G.R. No. 144142 August 23, 2001 - YOLANDA AGUIRRE v. PEOPLE OF THE PHIL.

  • G.R. Nos. 138298 & 138982 August 24, 2001 - RAOUL B. DEL MAR v. PAGCOR, ET AL.

  • G.R. No. 131609 August 27, 2001 - PEOPLE OF THE PHIL. v. BONIFACIO PUERTA

  • A.M. No. RTJ-00-1571 August 28, 2001 - JESUS GUILLAS v. RENATO D. MUÑEZ

  • A.M. No. RTJ-01-1645 August 28, 2001 - VICTORINO S. SIANGHIO, JR. v. BIENVENIDO L. REYES

  • A.M. No. RTJ-01-1626 August 28, 2001 - JOSELITO D. FRANI v. ERNESTO P. PAGAYATAN

  • G.R. Nos. 100633 & 101550 August 28, 2001 - SOCORRO ABELLA SORIANO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 114118 August 28, 2001 - SIMEON BORLADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 125728 August 28, 2001 - MARIA ALVAREZ VDA. DE DELGADO, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 129960 August 28, 2001 - PEOPLE OF THE PHIL. v. PEDRO CARIÑO

  • G.R. No. 131175 August 28, 2001 - JOVITO VALENZUELA, ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 133056 August 28, 2001 - FACUNDO T. BAUTISTA v. PUYAT VINYL PRODUCTS

  • G.R. No. 140812 August 28, 2001 - CANDIDO ALFARO v. COURT OF APPEALS, ET AL.

  • G.R. No. 143256 August 28, 2001 - RODOLFO FERNANDEZ, ET AL. v. ROMEO FERNANDEZ, ET AL.

  • G.R. No. 144653 August 28, 2001 - BANK OF THE PHIL. ISLANDS v. COMMISSIONER OF INTERNAL REVENUE

  • A.M. No. P-00-1415-MeTC August 30, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. TERESITA Q. ORBIGO-MARCELO

  • G.R. No. 111709 August 30, 2001 - PEOPLE OF THE PHIL. v. ROGER P. TULIN, ET AL.

  • G.R. No. 119811 August 30, 2001 - SOCORRO S. TORRES, ET AL. v. DEODORO J. SISON, ET AL.

  • G.R. No. 123980 August 30, 2001 - PEOPLE OF THE PHIL. v. MANUEL CALIMLIM

  • G.R. No. 127905 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO REMUDO

  • G.R. No. 129093 August 30, 2001 - JOSE D. LINA, ET AL. v. FRANCISCO DIZON PAÑO, ET AL.

  • G.R. No. 133113 August 30, 2001 - EDGAR H. ARREZA v. MONTANO M. DIAZ

  • G.R. No. 136280 August 30, 2001 - ORCHARD REALTY and DEV’T CORP. v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. 139083 August 30, 2001 - FLORENCIA PARIS v. DIONISIO A. ALFECHE

  • G.R. No. 140229 August 30, 2001 - PEOPLE OF THE PHIL. v. HENRY BALMOJA

  • G.R. No. 140995 August 30, 2001 - PEOPLE OF THE PHIL. v. DANILO M. REGALA

  • G.R. No. 141128 August 30, 2001 - PEOPLE OF THE PHIL. v. ORPIANO DELOS SANTOS

  • G.R. No. 141283 August 30, 2001 - SEGOVIA DEVELOPMENT CORP. v. J.L. DUMATOL REALTY

  • G.R. No. 144442 August 30, 2001 - JESUS SALVATIERRA v. THE PEOPLE OF THE PHILIPPINES

  • A. M. No. 00-7-299-RTC August 31, 2001 - REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45

  • A.M. No. 00-8-03-SB August 31, 2001 - RE: UNNUMBERED RESOLUTION OF THE SANDIGANBAYAN RE ACQUISITION OF THREE [3] MOTOR VEHICLES FOR OFFICIAL USE OF JUSTICES

  • A.M. No. P-99-1316 August 31, 2001 - KENNETH S. NEELAND v. ILDEFONSO M. VILLANUEVA

  • G.R. Nos. 132548-49 August 31, 2001 - PEOPLE OF THE PHILIPPINES v. ALEJO MIASCO

  • G.R. No. 141211 August 31, 2001 - CITY WARDEN OF THE MANILA CITY JAIL v. RAYMOND S. ESTRELLA, ET AL.

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    G.R. No. 142401   August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 142401. August 20, 2001.]

    ANDREW TAN, Petitioner, v. COURT OF APPEALS and WU SEN WOEI, Respondents.

    D E C I S I O N


    PANGANIBAN, J.:


    Under the doctrine of conclusiveness of judgment, facts and issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties, even if the latter suit may involve a different cause of action. 1chanrob1es virtua1 1aw 1ibrary

    Statement of the Case

    Through a Petition 2 for Review under Rule 45 of the Rules of Court, Andrew Tan challenges the January 10, 2000 Decision 3 rendered by the Court of Appeals 4 (CA) in CA-GR CV No. 58086 and its March 8, 2000 Resolution 5 denying reconsideration. The dispositive portion of the assailed Decision reads as follows:jgc:chanrobles.com.ph

    "WHEREFORE, the appealed judgment is REVERSED and SET ASIDE and a new one is entered, ordering the defendant-appellee to pay appellant the balance of $45,000.00 or the equivalent thereof in Philippine currency at the rate of exchange prevailing at the time of payment, with legal interest thereon from September 1987 until fully paid. With costs against the defendant-appellee." 6

    The Facts


    The undisputed facts are summarized by the Court of Appeals as follows:chanrob1es virtua1 1aw 1ibrary

    "Plaintiff-appellant [respondent herein], a Taiwanese national, and defendant-appellee [petitioner herein], a Filipino, first met in Taiwan sometime in August 1987 through Kua Bei Tiu, defendant’s sister-in-law. Defendant proposed that plaintiff invest money in the hatchery business he had started, and plaintiff parted with the amount of $80,000.00 or its equivalent of P1,650,700.00. Repaid only [in] the amount of $10,000.00, plaintiff-appellant lodged a complaint before the National Bureau of Investigation (NBI) to recover the balance of $70,000.00. Before the NBI, defendant Andrew Tan and his sister Helen Go signed a Joint Affidavit of Undertaking stating as follows:chanrob1es virtual 1aw library

    ‘WE, HELEN GO and ANDREW TAN, both of legal age, brother and sister and both married, presently residing at No. 1427 Sto. Sepulcro St., Paco, Manila and A.T. Commercial, A.B. Fernandez Avenue, East Dagupan City, respectively, after having been duly sworn to in accordance with law do hereby depose and undertake to perform the following:chanrob1es virtual 1aw library

    ‘That I, ANDREW TAN is indebted to WU SEN WOEI, a Taiwanese national residing at 12 Lane, 194, 6th Floor, Sing Tien Road, Kuehsiung, Taiwan in the total amount of SEVENTY THOUSAND U.S. DOLLARS ($70,000.00);

    ‘That we, brother and sister, acknowledge the said amount as a just and valid obligation and therefore undertake to pay the same under the following terms which is in accordance with our present financial capacity;

    ‘Within one (1) week from the date of this affidavit, we bind ourselves to pay WU SEN WOEI the amount of TWENTY THOUSAND U.S. DOLLARS ($20,000.00) Cash;

    ‘Every month thereafter, or starting August 1990, we bind ourselves to pay WU SEN WOEI the amount of TEN THOUSAND U.S. DOLLARS ($10,000.00), for the month of September 1990, TEN THOUSAND U.S. DOLLARS ($10,000.00), for the month of October 1990, TEN THOUSAND U.S. DOLLARS ($10,000.00), for the month of November 1990, TEN THOUSAND U.S. DOLLARS ($10,000.00), and for the month of DECEMBER, 1990, TEN THOUSAND U.S. DOLLARS ($10,000.00) and then all our indebtedness to WU SEN WOEI would be totally paid, all in cash;chanrob1es virtua1 1aw 1ibrary

    ‘That we agree that the place of payment should be the NBI office before Atty. VICTOR BESSAT so that this undertaking would be fully complied with;

    ‘After we have fully complied with the terms of this Affidavit of Undertaking, WU SEN WOEI should also return to us all the documents in his possession in connection with this indebtedness.

    ‘That we are executing this joint affidavit of undertaking in order to amicably settle this obligation of ANDREW TAN to WU SEN WOEI;

    ‘IN WITNESS WHEREOF, we have hereunto set our hands this 19th day of July 1990, at the Office of the National Bureau of Investigation, Taft Avenue, Manila.

    (Sgd.) HELEN GO (Sgd.) Illegible

    MRS. HELEN GO MR. ANDREW TAN

    GUARANTOR:chanrob1es virtual 1aw library

    (Sgd.) Illegible

    MR. BENJAMIN GO

    WITNESSES:

    (Sgd.) Illegible (Sgd.) Illegible

    ATTY. ERIC QUINTOS WU SEN WOEI’

    (Exh.’6’, Record, p. 317)

    "Defendant claims that he was coerced into signing the above Undertaking. He then assailed the validity of said Undertaking in Civil Case No. D-9864 entitled ‘Andrew Tan, plaintiff v. Wu Sen Woei, represented by Raul Estrella, Attorney-in-Fact, John Doe and Paul Doe, defendants-appellees’ which he filed before the Regional Trial Court of Dagupan City, Branch 43. The RTC found Tan’s and Go’s consent to the Undertaking as vitiated and rendered judgment declaring the Undertaking as a nullity. The decision was appealed to this Court in CA-G.R. CV No. 47880. This Court through its Fourth Division in a Decision dated October 3, 1997 reversed and set aside the appealed judgment, and dismissed Andrew Tan’s complaint. (Rollo, pp. 67-75)

    "In the meantime, based on the Undertaking, herein plaintiff-appellant Wu Sen Woei was further able to collect $25,000.00, Weaving a balance of $45,000.00 (Complaint, par. 8, Record, p. 3) Hence he filed the instant suit docketed as Civil Case No. 91-55981 to collect the said balance of $45,000.00 plus interest and attorney’s fees, alleging in his Complaint that defendant had defrauded him by not actually investing the money into the hatchery business." 7chanrob1es virtua1 1aw 1ibrary

    Ruling of the Court of Appeals


    The Court of Appeals held in its Decision that, based on the doctrine of conclusiveness of judgment, Tan’s claim that the Affidavit of Undertaking had been executed under duress was rendered ineffective by the ruling in CA-GR CV No. 47880. The CA had ruled therein that the said Affidavit was an admission against interest, a clear acknowledgment by Tan of his obligation to Wu Sen Woei. Thus, the appellate court deemed it pointless to determine whether there was, instead, a consummated partnership between the two parties.

    Issues


    In his Memorandum, 8 petitioner raises the following issues for this Court’s consideration:jgc:chanrobles.com.ph

    "I. Whether or not the Court of Appeals committed a grave and serious error of judgment in applying the doctrine of conclusiveness of judgment and

    "II. Whether or not the Court of Appeals committed a serious error in totally disregarding the evidence presented by petitioner in the appealed case decided by the Regional Trial Court of Manila in the application of the above doctrine." 9

    Since the two issues are interrelated, they shall be discussed jointly.

    The Court’s Ruling


    The petition is not meritorious.

    Main Issue: Validity of Affidavit of Undertaking

    Clearly, the present case is closely related to the civil action for annulment of document filed by petitioner before the Regional Trial Court (RTC) of Dagupan against respondent on April 3, 1991. In that action, the RTC-Dagupan declared null and void the Affidavit of Undertaking executed by Tan in favor of Wu Sen Woei. Upon appeal, 10 however, the Court of Appeals 11 reversed the RTC judgment and upheld the validity of the Affidavit. 12 That CA Decision became final and executory. 13 In the present case, the appellate court relied on its earlier Decision in CA-GR CV No. 47880 by applying the doctrine on conclusiveness of judgment.

    Indeed, the CA’s earlier Decision concerning the validity of Andrew Tan’s Affidavit of Undertaking has become conclusive on the parties, pursuant to Section 47 (c) of Rule 39 of the Rules of Court. 14 The parties are bound by the matters adjudged and those that are actually and necessarily included therein. Under the doctrine of conclusiveness of judgment, which is also known as "preclusion of issues" or "collateral estoppel" issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action.

    The concept clearly applies to the present case, because petitioner again seeks refuge in the alleged nullity of the same Affidavit of Undertaking which, as earlier mentioned, was already ruled upon with finality. In other words, the question on the validity of the Affidavit has been settled. The same question, therefore, cannot be raised again even in a different proceeding involving the same parties.chanrob1es virtua1 1aw 1ibrary

    Although the action instituted in this case (collection of a sum of money) is technically different from that action instituted by Andrew Tan before the Regional Trial Court of Dagupan (for annulment of document), "the concept of conclusiveness of judgment still applies because under this principle, the identity of causes of action is not required but merely identity of issues. Simply put, conclusiveness of judgment bars the relitigation of particular facts or issues in another litigation between the same parties on a different claim or cause of action." 15

    Significantly, petitioner no longer questioned the CA Decision in CA-GR CV No. 47880. Thus, it has become final and executory and no longer subject to review.

    Moreover, petitioner’s assertion that the Affidavit of Undertaking had been executed under duress is contradicted by the events that took place following its execution. Petitioner did not immediately question its validity. In fact, of the $70,000 that he undertook to pay Wu Sen Woei, the former has been able to make payments in the amount of $25,000, pursuant to the terms of the Affidavit. His counsel even executed a letter requesting an extension of time and a reduction of the monthly installments that were due, as follows:jgc:chanrobles.com.ph

    "Dear Mr. Wu:chanrob1es virtual 1aw library

    This has reference in the affidavit of Undertaking executed by our client, Andrew Tan, in your favor through the intercession of Atty. Victor Bessat.chanrob1es virtua1 1aw 1ibrary

    We would like to inform you that our client is now in tight financial situation due to the economic dislocation caused by the recent earthquake and the flooding of most of Region I which caused massive destruction on his prawn business and construction business. He had suffered losses in an amount of no less than P500,000.

    In view thereof, our client is not in a financial position to comply with the terms of the undertaking. Hence, in behalf of our client, we are constrained to request for an extension of time for him to pay the agreed amount and to reduce the monthly payment from US$10,000 to US$2,000 a month. This is the amount and mode of payment which he can personally meet considering his financial predicament.

    We hope you can understand the plight of our client. He does not wish to evade his obligation and would comply with it in the manner allowable under his present financial situation.

    We hope to hear from you soon.

    Very truly yours,

    (Sgd.) ATTY. A.V. GONZALES

    Counsel" 16

    These circumstances clearly negate any infirmity in the Affidavit as well as the absence of any obligation on the part of petitioner to fulfill his liability therein.

    Deserving scant consideration is petitioner’s suggestion that there was a partnership between himself and Wu Sen Woei, and that both should thus jointly bear the losses of the business.

    The existence of a partnership is belied by the Affidavit of Undertaking in which petitioner admitted his indebtedness to private respondent in the amount of $70,000 and agreed to reimburse the amount according to the conditions stated therein. Had the nature of their agreement been otherwise, such as a business partnership, petitioner would not have acknowledged being indebted to Wu Sen Woei" and "undertake[n] to pay the same . . ." under the terms specified therein.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, the Petition is hereby DENIED and the assailed Decision AFFIRMED. Costs against petitioner.

    SO ORDERED.

    Melo, Vitug, Gonzaga-Reyes and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. Celendro v. Court of Appeals, 310 SCRA 835, 843-844, July 20, 1999.

    2. Rollo, pp. 10-33.

    3. Rollo, pp. 37-45.

    4. Seventh Division. Written by J. Portia Aliño-Hormachuelos; concurred in by J. Corona Ibay-Somera (Division chairman) and Wenceslao I. Agnir, Jr. (member).

    5. Rollo, pp. 46-47.

    6. Assailed Decision, p. 9; rollo, p. 45.

    7. Assailed Decision, pp. 2-4, rollo, pp. 38-40.

    8. Rollo, pp. 94-116. Petitioners Memorandum was signed by Atty. Danilo P. Cariaga.

    9. Memorandum for petitioner, p. 14; rollo, p. 108.

    10. CA-GR CV No. 47880.

    11. Fourth Division. Written by J. Antonio M. Martinez (Division chairman) and concurred in by JJ Corona Ibay-Somera and Oswaldo D. Agcaoili (members).

    12. Annex C of the Petition; rollo, pp. 48-57.

    13. See petitioner’s Memorandum, p. 2; rollo, p. 95.

    14. Formerly Rule 39, Section 49 (c).

    SEC. 49. Effect of Judgments. — The effect of a judgment or final order rendered by a court or judge of the Philippines, having jurisdiction to pronounce the judgment or order, may be as follows:chanrob1es virtual 1aw library

    (c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.

    15. Mata v. Court of Appeals, 318 SCRA 416, 429, November 18, 1999, per Kapunan, J.

    16. Assailed Decision, pp. 7-8; rollo, pp. 43-44.

    G.R. No. 142401   August 20, 2001 - ANDREW TAN v. COURT OF APPEALS, ET AL.


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