November 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected November 2010 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Appeal; argument raised for first time on appeal. As a last ditch effort, petitioner asserts that the property is a road right of way; thus, it cannot be subject of a writ of execution.  The argument must be rejected because it was raised for the first time in this petition.  In the trial court and the CA, petitioner’s arguments zeroed in on the alleged conjugal nature of the property.  It is well settled that issues raised for the first time on appeal and not raised in the proceedings in the lower court are barred by estoppel. Points of law, theories, issues, and arguments not brought to the attention of the trial court ought not to be considered by a reviewing court, as these cannot be raised for the first time on appeal.  To consider the alleged facts and arguments raised belatedly would amount to trampling on the basic principles of fair play, justice, and due process.  Evangeline D. Imani vs. Metroplitan Bank and Trust Company, G.R. No. 187023, November 17, 2010.

Appeal; argument raised for first time on appeal. The petitioners now claim that the Motion for Reconsideration, filed by the respondent on May 18, 1993 from the September 18, 1992 Order of the RTC, was filed out of time.  The petitioners make this claim to justify their contention that the subsequent rulings of the RTC, including the June 2, 1993 and October 1, 1993 Orders, are barred by res judicata.

We reject this belated claim as the petitioners raised this only for the first time on appeal, particularly, in their Memorandum.  In fact, the petitioners never raised this issue in the proceedings before the court a quo or in the present petition for review.

As a rule, a party who deliberately adopts a certain theory upon which the case is tried and decided by the lower court will not be permitted to change the theory on appeal.  Points of law, theories, issues and arguments not brought to the attention of the lower court need not be, and ordinarily will not be, considered by a reviewing court, as these cannot be raised for the first time at such late stage. It would be unfair to the adverse party who would have no opportunity to present further evidence material to the new theory, which it could have done had it been aware of it at the time of the hearing before the trial court.  Thus, to permit the petitioners in this case to change their theory on appeal would thus be unfair to the respondent and offend the basic rules of fair play, justice and due process.  Spouses Ernesto and Vicenta Topacio vs. Banco Filipino Savings and Mortgage Bank, G.R. No. 157644, November 17, 2010.

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October 2010 Philippine Supreme Court Decisions on Remedial Law (Part III)

Counterclaims; tests to determine if compulsory.  Going now to the first assigned error, petitioner submits that its counterclaim for the rentals collected by Fernando from the CMTC is in the nature of a compulsory counterclaim in the original action of Fernando against petitioner for annulment of bid award, deed of absolute sale and TCT No. 76183. Respondents, on the other hand, alleged that petitioner’s counterclaim is permissive and its failure to pay the prescribed docket fees results into the dismissal of its claim.

To determine whether a counterclaim is compulsory or not, the Court has devised the following tests: (a) Are the issues of fact and law raised by the claim and by the counterclaim largely the same? (b) Would res judicata bar a subsequent suit on defendant’s claims, absent the compulsory counterclaim rule? (c) Will substantially the same evidence support or refute plaintiff’s claim as well as the defendant’s counterclaim? and (d) Is there any logical relation between the claim and the counterclaim? A positive answer to all four questions would indicate that the counterclaim is compulsory.

Tested against the above-mentioned criteria, this Court agrees with the CA’s view that petitioner’s counterclaim for the recovery of the amount representing rentals collected by Fernando from the CMTC is permissive. The evidence needed by Fernando to cause the annulment of the bid award, deed of absolute sale and TCT is different from that required to establish petitioner’s claim for the recovery of rentals.  The issue in the main action, i.e., the nullity or validity of the bid award, deed of absolute sale and TCT in favor of CMTC, is entirely different from the issue in the counterclaim, i.e., whether petitioner is entitled to receive the CMTC’s rent payments over the subject property when petitioner became the owner of the subject property by virtue of the consolidation of ownership of the property in its favor.  Government Service Insurance System (GSIS) vs. Heirs of Fernando P. Caballero, et al., G.R. No. 158090, October 4, 2010

Docket fees; GSIS not exempt from payment.  Petitioner [GSIS] further argues that assuming that its counterclaim is permissive, the trial court has jurisdiction to try and decide the same, considering petitioner’s exemption from all kinds of fees.

In In Re: Petition for Recognition of the Exemption of the Government Service Insurance System from Payment of Legal Fees, the Court ruled that the provision in the Charter of the GSIS, i.e., Section 39 of Republic Act No. 8291, which exempts it from “all taxes, assessments, fees, charges or duties of all kinds,” cannot operate to exempt it from the payment of legal fees. This was because, unlike the 1935 and 1973 Constitutions, which empowered Congress to repeal, alter or supplement the rules of the Supreme Court concerning pleading, practice and procedure, the 1987 Constitution removed this power from Congress.  Hence, the Supreme Court now has the sole authority to promulgate rules concerning pleading, practice and procedure in all courts.

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April 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected April 2010 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Actions; action for injunction.  As a rule, actions for injunction and damages lie within the jurisdiction of the RTC pursuant to Section 19 of Batas Pambansa Blg. 129 (BP 129), otherwise known as the “Judiciary Reorganization Act of 1980,” as amended by Republic Act (RA) No. 7691.  An action for injunction is a suit which has for its purpose the enjoinment of the defendant, perpetually or for a particular time, from the commission or continuance of a specific act, or his compulsion to continue performance of a particular act.  It has an independent existence, and is distinct from the ancillary remedy of preliminary injunction which cannot exist except only as a part or an incident of an independent action or proceeding.  In an action for injunction, the auxiliary remedy of preliminary injunction, prohibitory or mandatory, may issue.  Subic Bay Metropolitan Authority vs. Merlino E.  Rodriguez, et al., G.R. No.  160270, April 23, 2010.

Appeal; argument raised for first time on appeal.  Petitioner had, of course, endeavored to establish that respondent’s predecessors-in-interest had served him a demand to vacate the subject parcel as early as 31 July 1996.  Correctly brushed aside by the Court of Appeals on the ground, among others, that respondent had no participation in its preparation, we find said demand letter of little or no use to petitioner’s cause in view of its non-presentation before the MeTC.  However, much as it may now be expedient for petitioner to anchor his cause thereon, said demand letter was first introduced in the record only as an attachment to his reply to respondent’s comment to the motion for reconsideration of the 14 July 2005 order issued by the RTC.  The rule is settled, however, that points of law, theories, issues and arguments not brought to the attention of the trial court will not be and ought not to be considered by a reviewing court, as these cannot be raised for the first time on appeal.  Basic consideration of due process impels this rule.  Hubert Nuñez vs. SLTEAS Phoenix Solutions, Inc., G.R. No. 180542, April 12, 2010.

Appeal; computation of period where last day is Sunday or legal holiday.  Petitioner’s petition for review (under Rule 42) and motion for reconsideration before the appellate court were filed well within the reglementary period for the filing thereof.  It must be noted that petitioner received her copy of the RTC decision on April 13, 2007. Following the Rules of Court, she had 15 days or until April 28, 2007 to file her petition for review before the CA. Section 1 of Rule 42 provides:

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October 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected October 2009 Philippine Supreme Court decisions on remedial law:

Action;  forum shopping. The essence of forum-shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. Forum-shopping has been defined as the act of a party against whom an adverse judgment has been rendered in one forum, seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari, or the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.

Although the factual antecedents of the cases brought before this Court are the same, they involve different issues. The petition for Mandamus with Injunction and Damages, docketed as Civil Case No. 13013, and raised before this Court as G.R. No. 177795, challenged respondents’ refusal to recognize petitioners’ appointments and to pay petitioners’ salaries, salary adjustments, and other emoluments. The petition only entailed the applications for the issuance of a writ of mandamus and for the award of damages. The present case docketed as G.R. No. 181559, on the other hand, involves the merits of petitioners’ appeal from theinvalidation and revocation of their appointments by the CSC-Field Office, which was affirmed by the CSC-Regional Office, CSC en banc, and the Court of Appeals.  Leah M. Nazareno, et al. vs. City of Dumaguete, et al.,  G.R. No. 181559, October 2, 2009.

Action; forum shopping. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. This is not the case with respect to the ejectment suit vis-à-vis the action for damages.  Manuel Luis S. Sanchez vs. Republic of the Philippines, Represented by the Department of Education, Culture and Sports,  G.R. No. 172885, October 9, 2009.

Action;  lis pendens. The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the final judgment from being defeated by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently.

While the trial court has an inherent power to cancel a notice of lis pendens, such power is to be exercised within the express confines of the law. As provided in Section 14, Rule 13 of the 1997 Rules of Civil Procedure, a notice of lis pendens may be cancelled on two grounds: (1) when the annotation was for the purpose of molesting the title of the adverse party, or (2) when the annotation is not necessary to protect the title of the party who caused it to be recorded.  Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy vs. Rolando Sy, et al./Iluminada Tan, et al. vs. Bartolome Sy, et al,  G.R. No. 114217G.R. No. 150979. October 13, 2009

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