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

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. A. M. No. 00-7-299-RTC. August 31, 2001.]

    REQUEST FOR CONSOLIDATION OF CIVIL CASE NO. R-1692 RTC BR. 45, SAN JOSE, OCCIDENTAL MINDORO with CIVIL CASE NO. 3640, RTC-BR. 49, CABANATUAN CITY

    R E S O L U T I O N


    BELLOSILLO, J.:


    This resolves the Compliance and Request filed by Danilo R. Padiernos, plaintiff in Civil Case No. R-1169, RTC-Br. 49, San Jose, Occidental Mindoro, through his counsel Atty. Renato A. Martinez, pursuant to our Resolution of 21 February 2001 requiring plaintiff to explain why he should not be declared in contempt for forum shopping. The antecedents follow:chanrob1es virtua1 1aw 1ibrary

    On 14 October 1999 Danilo R. Padiernos filed a Complaint against Pilar Alarcon-Paja "For: Declaration of Nullity of Title with Damages," docketed as Civil Case No. 3640 and raffled to RTC-Br. 29, Cabanatuan City.chanrob1es virtua1 1aw 1ibrary

    On 29 October 1999 the same Danilo R. Padiernos filed another complaint against the same Pilar Alarcon-Paja "For: Annulment of Contract with Damages," docketed as Civil Case No. R-1169 and raffled to RTC-Br. 45, San Jose, Occidental Mindoro.

    On 11 February 2000 defendant Pilar Alarcon-Paja wrote a letter to the Court requesting that Civil Case No. R-1169 be transferred from RTC-Br. 45, San Jose, Occidental Mindoro, to RTC-Br. 29, Cabanatuan City, for consolidation since both cases allegedly involved the same parties, subject matter and issues.

    On 2 March 2000, upon motion of defendant Pilar Alarcon-Paja, Judge Ubaldino Lacurom of RTC-Br. 29, Cabanatuan City, dismissed Civil Case No. 3640 for forum shopping and for failure to submit a certificate of non-forum shopping as required in Sec. 5, Rule 7, 1997 Rules of Civil Procedure, specifically holding that –

    VIEWED from the foregoing, the Court believes that the acts of the plaintiff constitute a clear case of forum shopping.

    Forum shopping has been characterized as an act of malpractice that is prohibited and condemned as trifling with the courts and abusing their processes. It constitutes improper conduct which tends to degrade the administration of justice. It has also been aptly described as deplorable because it adds to the congestion of the already heavy burdened dockets of the courts (Temple Export and Import Corp. v. CA, Citation omitted).

    On 2 June 2000 Danilo R. Padiernos filed a third Complaint again "For: Declaration of Nullity of Title with Damages," with the same allegations as those contained in his Complaint in Civil Case No. 3640. The new Complaint which was now accompanied with the proper certification of non-forum shopping was docketed as Civil Case No. 3789 and raffled to RTC-Br. 28, Cabanatuan City.

    It is observed that all three (3) complaints were filed by Atty. Renato A. Martinez in behalf of plaintiff Danilo R. Padiernos.

    On 26 July 2000 the Third Division of this Court granted defendant Pilar Alarcon-Paja’s previous request to transfer Civil Case No. R-1169 from RTC-Br. 45, San Jose, Occidental Mindoro, to RTC-Br. 29, Cabanatuan City, after receiving the comment of Danilo R. Padiernos that he had no objection to such transfer.

    On 19 September 2000 Judge Tomas B. Talavera of RTC-Br. 28, Cabanatuan City, dismissed Civil Case No. 3789 without prejudice. However, on 16 November 2000, upon motion of defendant Pilar Alarcon-Paja, Judge Talavera amended his 19 September 2000 order by declaring the dismissal to be with prejudice 1chanrob1es virtua1 1aw 1ibrary

    On 11 January 2001 defendant Pilar Alarcon-Paja filed an Urgent Request informing the Court that (Civil Case No. 3789 was pending before RTC-Br. 28, Cabanatuan City, and requesting that Civil Case No. R-1169 be transferred to Br. 28 instead of Br. 29.

    On 1 February 2001 plaintiff Danilo R. Padiernos appealed the ruling of the RTC-Br. 28, Cabanatuan City 2 regarding the amended order of Judge Talavera dismissing the case with prejudice.

    On 21 February 2001 the Court noted the urgent request of defendant Pilar Alarcon-Paja and ordered Danilo R. Padiernos to explain why he should not be declared in contempt for forum shopping.

    In his Compliance and Request Danilo R. Padiernos claims that he should not be cited in contempt for forum shopping for the following reasons: (a) the causes of action in Civil Case No. 3789 and Civil Case No. R-1169 are not the same since Civil Case No. 3789, which is an action for declaration of nullity of title, is an action in rem, while Civil Case No. R-1169, which is an action for the annulment of a deed of assignment, is an action in personam; (b) since Civil Case No. 3640 was dismissed for failure to submit the requisite certification of non-forum shopping then such dismissal (according to Sec. 5, Rule 7, 1997 Rules of Civil Procedure) is without prejudice, consequently, the same action can be re-filed; (c) in his Complaint in Civil Case No. 3789 he disclosed the pendency of Civil Case No. R-1169 and the filing earlier of Civil Case No. 3640, thus proving that he had no intention to commit forum shopping; and, (d) he had no intention to mislead the courts for he honestly believed that his filing of the complaints was within the purview of the law. In his Compliance, he also requests for the retention of Civil Case No. R-1169 in San Jose, Occidental Mindoro.chanrob1es virtua1 1aw 1ibrary

    The arguments of plaintiff Danilo R. Padiernos are hollow and devoid of merit.

    If Civil Case No. R-1169 (for annulment of deed of assignment) and Civil Case No. 3789 (for declaration of nullity of title) were to be tried separately, then conflicting decisions can arise. Defendant Pilar Alarcon-Paja can be declared owner of the land in question, subject matter of Civil Case No. 3789, at the same time the deed of assignment she used for obtaining ownership thereof can be annulled in Civil Case No. R-1169. Such conflicting results can be disruptive of the orderly administration of justice.

    It is also futile for plaintiff Danilo R. Padiernos to insist that the dismissal of Civil Case No. 3640 was without prejudice, which would therefore allow him to re-file the case since Sec. 5, Rule 7 of the 1997 Rules of Civil Procedure states

    SECTION 5. Certification against forum shopping. — The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofor commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; and (c) if he should thereafter learn that the same or similar action or claim has been filed or pending, he shall report that act within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

    Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions (emphasis and underscoring ours).

    It is true that if the complaint is dismissed based on the failure to submit the proper certification of non-forum shopping then the dismissal is without prejudice. However, if the dismissal is based on the clear existence of forum shopping, then such dismissal is with prejudice.

    A perusal of the resolution of Judge Lacurom of RTC-Br. 29, Cabanatuan City, dismissing Civil Case No. 3640 shows that the dismissal was based on the clear existence of forum shopping.

    Thus —

    What also caught the attention of the Court is the fact that these two identical complaints were prepared by plaintiff’s counsel on the same date (October 14, 1999). It is therefore very clear that from the very beginning the counsel for the plaintiff had already perceived of filing simultaneously two (2) suits before (2) two courts of concurrent jurisdiction . . .

    VIEWED from the foregoing, the Court believes that the acts of the plaintiff constitute a clear case of forum shopping.

    It is therefore evident that the dismissal of Civil Case No. 3640 was with prejudice as it was based on the clear existence of forum shopping. The act of plaintiff Danilo R. Padiernos in filing Civil Case No. 3789, which is exactly the same action in Civil Case No. 3640, only reveals his intention to seek a better or sympathetic forum in pursuing his case. Even if he mentioned the pendency of Civil Case No. R-1169 and the previous filing of Civil Case No. 3640 in the Verification and Certification of his Complaint in Civil Case No. 3789, the fact remains that he tried to revive a case which had been previously dismissed with prejudice and which is closely related to a pending case before another court of concurrent jurisdiction. Merely enumerating and admitting the existence of related cases in the certification of non-forum shopping of a Complaint cannot exculpate a complainant who is obviously deliberately seeking a more friendly forum for his case.

    As for complainant’s counsel, Atty. Renato A. Martinez, it is quite obvious that he conspired with his client in filing three (3) complaints involving the same parties, issues and subject matter. Instead of aiding in the orderly administration of justice, the complaints filed in different for a only caused confusion among the trial courts. Hence, Atty. Martinez should be disciplined together with his client and the remaining two (2) cases (Civil Case No. R-1169 and Civil Case No. 3789) should be dismissed for forum shopping.chanrob1es virtua1 1aw 1ibrary

    ACCORDINGLY, plaintiff Danilo R. Padiernos and his counsel, Atty. Renato A. Martinez, are declared in direct contempt of court for forum shopping and are ordered each to pay a fine of P5,000.00 and P10,000.00, respectively, within fifteen (15) days from receipt of this Resolution. Both Danilo R. Padiernos and Atty. Renato A. Martinez are warned that a repetition of the same or similar act will be dealt with more severely.

    Consequently, for obvious forum shopping, Civil Case No. R-1169 and Civil Case No. 3789 are also DISMISSED. The request of plaintiff Danilo R. Padiernos for the retention of Civil Case No. R-1169 in San Jose, Occidental Mindoro, is NOTED WITHOUT ACTION in view of its dismissal herein.

    SO ORDERED.

    Mendoza, Quisumbing, Buena and De Leon, Jr., JJ.,;concur.

    Endnotes:



    1. The reason for the dismissal of Civil Case No. 3789 was not stated in the Compliance and Request. Information regarding the current status of Civil Case No. 3789 was obtained from compliance and Request submitted by plaintiff Danilo Padiernos.

    2. No record showing that Civil Case No. 3789 is now pending before the CA.

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


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