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[A.M. No. 00-7-299-RTC.February 21, 2001]

REQUEST FOR CONSOLIDATION OF CIVIL CASE No. R-1169.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 21 2001.

A.M No. 00-7-299-RTC (Request for Consolidation of Civil Case No. R-1169 pending at the Regional Trial Court, Branch 45, San Jose, Occidental Mindoro, with Civil Case No. 3640 pending at the Regional Trial Court, Branch 29, Cabanatuan City.)

On 11 February 2000 Pilar Alarcon-Paja filed an Urgent Motion for Change of Venue before the Office of the Court Administrator. She claimed that Danilo Padiernos filed two (2) complaints against her which bore the same issues, parties and subject matter. Civil Case No. R-1169, filed on 14 October 1999 and raffled to Branch 45, RTC, San Jose, Occidental Mindoro, is an action for Annulment of Contract with Damages while Civil Case No. 3640, filed on 29 October 1999 and assigned to Branch 29, Cabanatuan City, is an action for Declaration of Nullity of Title. Due to the similarity of the facts and circumstances of the two (2) cases Pilar Alarcon-Paja filed a Motion to Dismiss before the RTC, Branch 29, Cabanatuan City.

However, pending the resolution of her Motion to Dismiss before the Cabanatuan City RTC, Pilar Alarcon-Paja filed a Motion before the Third Division of this Court, requesting the transfer of Civil Case No. R-1169 from the RTC, Branch 45, San Jose, Occidental Mindoro to the RTC, Branch 29, Cabanatuan City. She alleged that Judge Inocencio Jaurigue of the RTC Branch 45, San Jose, Occidental Mindoro, might be influenced by his friend, Governor Josephine Sato of Occidental Mindoro. who has an interest in the lands in question. She reiterated this request in her Manifestation and Urgent Motion for Reconsideration With Leave of Court dated 14 April 2000.

In his Comment to the Motion of Pilar Alarcon-Paja, Danilo Padiernos stated that he had no objection to the former's request. Thus, the Court, in its Resolution of 26 July 2000, granted the request of Pilar-Alarcon Paja for transfer of venue and directed the Clerk of Court of the RTC, Branch 45, San Jose, Occidental Mindoro to forward the records of Civil Case No. R-1169 to the RTC, Branch 29, Cabanatuan City.

On 20 December 2000, Judge Ubaldino A. Lacurom of the RTC, Branch 29, Cabanatuan City, filed a Motion for Clarification before this Court stating that he already dismissed Civil Case No. 3640 on the ground of forum-shopping committed by Daniel Padiernos. He therefore asked this Court if he should proceed to hear Civil Case No. R-1169 or return the records thereof to the court of origin which is RTC, Branch 45, San Jose, Occidental Mindoro.

On 11 January 2001 Pilar Alarcon-Paja filed an Urgent Request before this Court stating that although it is true that Judge Lacurom of the RTC, Branch 29, Cabanatuan City, already dismissed Civil Case No. 3640, Danilo Padiernos filed another complaint against her, Civil Case No. 3789, which is now pending before the RTC, Branch 28 of Cabanatuan City. She therefore requested that the Order of the Court transferring the venue of Civil Case No. R-1169 be maintained but that the transfer should be made to Branch 28 (instead of Branch 29), RTC, Cabanatuan City.

A perusal of the complaint in Civil Case No. 3789 filed by Danilo Padiernos before the RTC, Branch 29, Cabanatuan City, shows that it involves practically the same issues, parties and subject matter as those in Civil Cases Nos. R-1169 and 3640. All three (3) cases deal with the validity of Pilar Alarcon-Paja's title to the lands in question as well as that of the Deed of Assignment executed by Danilo Padiernos in her favor. It would seem then that Danilo Padiernos is deliberately searching for a favorable judgment from different fora which could result in the outright dismissal of Civil Case No. 3789.

ACCORDINGLY, The Court Resolves to (a) NOTE the Urgent Request dated 10 January 2001 of Pilar Alarcon-Paja; (b) ORDER (1) Judge Ubaldino A. Lacurom of the RTC-Br. 29, Cabanatuan City, to hear and decide Civil Case No. R-1169; and (2) Danilo Padiernos to explain why he should not be declared in contempt for forum-shopping within ten (10) days from notice of this Resolution.

SO ORDERED.

Very truly yours,

(Sgd.)TOMASITA M. DRIS
Clerk of Court

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