494 Phil. 581
CALLEJO, SR., J.:
… the Defendant be ordered to reconvey to the Plaintiff Condominium Certificate of Title No. 3295 over the subject property issued by the Registry of Deeds of Quezon City in the name of the Defendant in order that the Plaintiff may register the same under his name and for this purpose, that the Defendant be ordered to execute the duly notarized deed of absolute sale thereover in favor of Pablo C. Tolentino and/or the Plaintiff by virtue of the swapping arrangement between the latter. …[4]The case was docketed as Civil Case No. 98-35444. Singson appended to his complaint the Deed of Absolute Sale executed by RMC in favor of the spouses Tolentino.
3. That the Plaintiff is the actual owner of a condominium unit designated as Unit 404, with an area of sixty point two square meters (60.2 sq. m.) in the Tempus I Condominium located at 21 Matalino Street, Diliman, Quezon City, Metro Manila, by virtue of a unit-swapping arrangement between the latter and one Pablo C. Tolentino; That on April 18, 1997, a deed of exchange, hereto marked Annex “A,” was executed by the parties to formalize the swapping arrangement previously entered by the parties; of which swapping arrangement, defendant Rudecon Management Corporation, through its president Rudegelio Tacorda has full knowledge per its letter dated March 5, 1997 advising Pablo Tolentino and Petitioner to formalize the same, copy of which letter is marked as Annex “B”; That said Pablo C. Tolentino was the owner of said Unit 404 as his share in the joint construction venture with defendant, under an unnotarized deed of absolute sale, valid between the parties, executed by the Defendant Rudecon Management Corporation in his favor dated February 1993, a copy of which is attached and made an integral part hereof as Annexes “C” and “C-1”; That the subject unit is covered by one Condominium Certificate of Title No. 3295 issued by the Registry of Deeds of Quezon City in the name of the Defendant, a copy of which is attached hereto and made an integral part hereof as Annex “D,” and that said condominium certificate of title was never transferred by the Defendant to Pablo C. Tolentino and to this day still remains in the name of Defendant despite the latter’s execution of a deed of absolute sale in favor of the former;Singson prayed that judgment be rendered in his favor, thus:
…
8. That it likewise appears that defendant through its president Rudegelio Tacorda maliciously and falsely claiming ownership over subject condominium unit mortgaged the same to Allied Banking Corporation for a reported sum of not less than P2,000,000.00 as per attached letter dated February 14, 1997 marked Annex “H” to the great prejudice and damage, representing actual, moral and exemplary damages, of herein plaintiff in the sum of not less than P2,000,000.00.[5]
Upon the additional cause of action alleged in paragraph 8 of this Amended Complaint, it is further prayed that defendant be adjudged to pay the plaintiff the sum of not less [than] P2,000,000.00 by way of actual, moral and exemplary damages.Singson also executed a “Verification and Affidavit of Non-Forum Shopping,” wherein he stated that –
It is also respectfully prayed of this Honorable Court that the Defendant be ordered to liquidate its mortgage indebtedness with the Allied Banking Corporation upon subject unit and thereafter to reconvey to the Plaintiff Condominium Certificate of Title No. 3295 over the subject property issued by the Registry of Deeds of Quezon City in the name of the Defendant free from any liens or encumbrances in order that the Plaintiff may register the same in his name and for this purpose, that the Defendant be ordered to execute the duly notarized deed of absolute sale over subject condominium unit in favor of the Plaintiff as transferee from the former owner Pablo Tolentino by virtue of the swapping arrangement and deed of exchange between the parties.
Other relief as may be just and equitable under the circumstances are likewise prayed for. …[6]
PLAINTIFF’S AMENDED COMPLAINT STATES NO CAUSE OF ACTION (SECTION 1[g], RULE 16) BECAUSE, UNDER ART. 1311 OF THE NEW CIVIL CODE IN RELATION TO SECTION 28, RULE 130, DEFENDANT IS NOT BOUND BY EITHER THE ALLEGED DEED OF EXCHANGE (ANNEX A, COMPLAINT) OR THE ALLEGED VERBAL SWAPPING AGREEMENT BETWEEN PLAINTIFF AND PABLO TOLENTINO CONSIDERING THAT DEFENDANT IS NOT A PARTY OR PRIVY TO SAID DEED OR AGREEMENT AND FURTHER CONSIDERING THAT THE DEED OF EXCHANGE IS SIMULATED AND FORGED.RMC averred that it was not a party to the deed of exchange executed by Singson and the spouses Tolentino; hence, it could not be compelled to reconvey the subject unit to Singson. And since it was not a party to the said deed of exchange, Singson had no right to enforce the same against it. Hence, despite the deed of exchange, Singson continued to occupy Units A and B and failed to transfer the same to the spouses Tolentino.II.
PLAINTIFF’S AMENDED COMPLAINT STATES NO CAUSE OF ACTION BECAUSE PLAINTIFF, NOT BEING A REAL PARTY- IN-INTEREST, DOES NOT HAVE THE LEGAL PERSONALITY TO SUE FOR THE PERFORMANCE OR ENFORCEMENT OF THE UNNOTARIZED DEED OF SALE (ANNEX C, COMPLAINT) BETWEEN DEFENDANT AND PABLO TOLENTINO TO WHICH PLAINTIFF IS ADMITTEDLY NOT A PARTY OR PRIVY.III.
PLAINTIFF’S AMENDED COMPLAINT STATES NO CAUSE OF ACTION BECAUSE PLAINTIFF HAS ADMITTEDLY NOT TRANSFERRED OWNERSHIP OF CCT NOS. 1503 (SIC) AND 1504 (SIC) TO PABLO TOLENTINO AND INSTEAD PLAINTIFF HOLDS ON TO SAID TITLES AND CONTINUES TO OCCUPY THE CONDOMINIUM UNITS THEREOF THEREBY PRECLUDING AND BELYING THE DAMAGE SUPPOSEDLY SUSTAINED BY PLAINTIFF. MOREOVER, THE AMENDED COMPLAINT IS BUT PLAINTIFF’S MALICIOUS ATTEMPT AT UNJUST ENRICHMENT AT DEFENDANT’S EXPENSE.IV.
PLAINTIFF’S AMENDED COMPLAINT STATES NO CAUSE OF ACTION AS THE RELIEF OF RECONVEYANCE SOUGHT BY HIM IS NOT A PROPER REMEDY AND CANNOT BE GRANTED BY THIS HONORABLE COURT BECAUSE ADMITTEDLY CCT NO. 3295 IS VALID AND GENUINE AND THERE IS NO WRONGFUL OR ERRONEOUS REGISTRATION THEREOF IN DEFENDANT’S NAME THAT WOULD WARRANT RECONVEYANCE AS A LEGAL REMEDY.[8]
… [T]he defendant bank employed deceptive and fraudulent scheme to consummate the Sheriffs’ Auction Sale to the prejudice of the plaintiff.Singson prayed that judgment be rendered in his favor as follows:
17. Defendant bank confused and misled the plaintiff by accepting Condominium Unit No. 302 with CCT No. 8876 and allowed it to be used as a collateral to secure a loan of P2 Million and the Bank is fully aware that said condominium unit is owned and occupied by the plaintiff and thereafter foreclosed it without notice to the plaintiff. Defendant bank is fully aware that plaintiff exercises rights of possession and ownership on the said property since defendant bank was duly informed by plaintiffs about the physical possession thereof and the Deed of Exchange.[12]
I, SISENANDO S. SINGSON, subscribing under oath do hereby depose and say that:The case was docketed as Civil Case No. Q-00-39794.
1. I am the plaintiff in the above-entitled case;
2. I caused the preparation of the foregoing Complaint For Annulment of Sheriff’s Foreclosure/Certificate of Sale and Damages with Prayer for Issuance of Preliminary Injunction/Temporary Restraining Order;
3. Pursuant to Supreme Court Administrative Circular No. 04-94, I hereby certify that plaintiff has not therefore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency, and to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any other tribunal or agency, and if I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom;
4. I have read and understood the contents thereof and the allegations contained therein are true and correct of my own personal knowledge.(Sgd.) SISENANDO SINGSON AFFIANT[14]
WHETHER OR NOT THE COURT OF APPEALS, IN DENYING PETITIONER’S OMNIBUS MOTION (ANNEX “K” HEREOF), RESOLVED SAID OMNIBUS MOTION NOT IN ACCORD WITH LAW AND APPLICABLE DECISIONS OF THIS HONORABLE SUPREME COURT WHEN IT RULED THAT THERE IS NO FORUM SHOPPING HEREIN BECAUSE THE ELEMENTS OF RES JUDICATA ARE NOT PRESENT IN PATENT ARBITRARY DISREGARD OF, AND DESPITE, THE FACT THAT PETITIONER NEVER INVOKED SAID SPECIE OF FORUM SHOPPING GROUNDED ON RES JUDICATA AND HAS INSTEAD SPECIFICALLY INVOKED IN SAID OMNIBUS MOTION TWO (2) OTHER SPECIES OR FORMS OF FORUM SHOPPING, NAMELY, (a.) RESPONDENT’S DELIBERATE NON-COMPLIANCE WITH HIS UNDERTAKING TO REPORT THE PENDENCY OF ANOTHER SIMILAR ACTION INVOLVING THE SAME ISSUES; AND (b.) RESPONDENT’S [WILLFUL] SUBMISSION OF FALSE CERTIFICATION ON NON-FORUM SHOPPING AS PENALIZED UNDER PARAGRAPH 2, SC ADM. CIRCULAR NO. 04-94.In his comment on the petition, the respondent asserts that the petitioner’s procedural recourse to this Court under Rule 45 of the Revised Rules of Court is flawed. He argues that the resolutions of the CA subject of this petition for review are interlocutory; hence, not appealable under Section 1, Rule 45. He also argues that the Court may not even treat the present recourse as a petition for certiorari under Rule 65 since there is nary an allegation or proof that the CA committed grave abuse of discretion.II.
COROLLARY TO THE ABOVE, WHETHER OR NOT THE ANTECEDENT ISSUES OF VALIDITY AND ENFORCEABILITY OF HEREIN DEED OF EXCHANGE (ANNEX “D” HEREOF”) EXPRESSLY RAISED BY RESPONDENT IN CIVIL CASE NO. Q-98-35444 (CA-G.R. CV NO. 64281) AND ALSO IMPLICITLY POSITED BY RESPONDENT IN CIVIL CASE NO. Q-00-39794 CAN BE CONSIDERED AS “SIMILAR ISSUES” AS CONTEMPLATED IN PARAGRAPH 1, SC ADM. CIRCULAR NO. 04-94 THEREBY OBLIGATING RESPONDENT: (a.) TO STRICTLY COMPLY WITH HIS UNDERTAKING TO REPORT IN CIVIL CASE NO. Q-98-35444 (CA-G.R. CV NO. 64281) THE PENDENCY OF CIVIL CASE NO. Q-00-39794, AND VICE-VERSA AND (b.) TO DISCLOSE IN HIS CERTIFICATIONS ON NON-FORUM SHOPPING IN BOTH THE ORIGINAL AND AMENDED COMPLAINTS IN THE LATTER CASE THE PENDENCY OF THE FORMER CASE SUCH THAT THE FAILURE OF RESPONDENT AND ATTY. CAMACHO TO SO REPORT AND DISCLOSE ARE CONSTITUTIVE OF FORUM SHOPPING UNDER SC ADM. CIRCULAR NO. 04-94.III.
WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED AND DEPARTED FROM APPLICABLE LAWS AND SUPREME COURT DECISIONS WHEN IT RULED THAT THERE IS NO IDENTITY OF CAUSES OF ACTION BETWEEN CIVIL CASE NO. Q-98-35444 AND CIVIL CASE NO. Q-00-39794 IN COMPLETE DISREGARD OF, AND DESPITE, THE FACT THAT THERE IS SUCH IDENTITY OF CAUSES OF ACTION BECAUSE BOTH AFORESAID CASES, EVEN IF DIFFERENT IN FORMS OR NATURE, INVOLVED THE SAME ANTECEDENT FACTS AND CIRCUMSTANCES, THE SAME EVIDENCE AND ACTIONABLE DOCUMENT, NAMELY, THE DEED OF EXCHANGE DATED APRIL 18, 1997 (ANNEX D HEREOF) WHOSE VALIDITY AND ENFORCEABILITY MUST PRIORLY BE RESOLVED AS THE RESOLUTION THEREOF IS DETERMINATIVE OF ANY FURTHER ADJUDICATIONS IN SAID TWO (2) CASES (MANGOMA VS. COURT OF APPEALS, 241 SCRA 25; VDA. DE CRUZO VS. CARRIAGA, 174 SCRA 330; BANGKO SILANGAN DEVELOPMENT BANK VS. COURT OF APPEALS, ET. AL., G.R. NO. 1140480 [SIC], JUNE 29, 2001)IV.
COROLLARY TO ALL THE FOREGOING, WHETHER OR NOT THE COURT OF APPEALS GRAVELY ERRED (a.) IN NOT DISMISSING CA-G.R. CV NO. 62481 GROUNDED ON THE DELIBERATE AND WILFUL (SIC) COMMISSION BY RESPONDENT SINGSON AND ATTY. MANUEL N. CAMACHO OF THE AFORESAID TWO (2) SPECIES OF FORUM SHOPPING; AND (b.) IN NOT HOLDING THAT RESPONDENT SINGSON AND ATTY. MANUEL CAMACHO ARE GUILTY OF MULTIPLE AND DELIBERATE FORUM SHOPPING AND SHOULD THEREFORE BE CITED IN CONTEMPT UNDER SUPREME COURT ADM. CIRCULAR NO. 04-94 AND APPLICABLE JURISPRUDENCE (BUAN VS. LOPEZ, 145 SCRA 34).[16]
… A “final” judgment or order is one that finally disposes of a case, leaving nothing more to be done by the Court in respect thereto, e.g., an adjudication on the merits which, on the basis of the evidence presented at the trial, declares categorically what the rights and obligations of the parties are and which party is in the right; or a judgment or order that dismisses an action on the ground, for instance, of res adjudicata or prescription. Once rendered, the task of the Court is ended, as far as deciding the controversy or determining the rights and liabilities of the litigants is concerned. Nothing more remains to be done by the Court except to await the parties’ next move (which among others, may consist of the filing of a motion for new trial or reconsideration, or the taking of an appeal) and ultimately, of course, to cause the execution of the judgment once it becomes “final” or, to use the established and more distinctive term, “final and executory.”The rule is founded on considerations of orderly procedure, to forestall useless appeals and avoid undue inconvenience to the appealing party by having to assail orders as they are promulgated by the court, when all such orders may be contested in a single appeal.…
Conversely, an order that does not finally dispose of the case, and does not end the Court's task of adjudicating the parties’ contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the Court, is “interlocutory,” e.g., an order denying a motion to dismiss under Rule 16 of the Rules, or granting a motion for extension of time to file a pleading, or authorizing amendment thereof, or granting or denying applications for postponement, or production or inspection of documents or things, etc. Unlike a “final” judgment or order, which is appealable, as above pointed out, an “interlocutory” order may not be questioned on appeal except only as part of an appeal that may eventually be taken from the final judgment rendered in the case.
The reason of the law in permitting appeal only from a final order or judgment, and not from interlocutory or incidental one, is to avoid multiplicity of appeals in a single action, which must necessarily suspend the hearing and decision on the merits of the case during the pendency of the appeal. If such appeal were allowed the trial on the merits of the case should necessarily be delayed for a considerable length of time, and compel the adverse party to incur unnecessary expenses; for one of the parties may interpose as many appeals as incidental questions may be raised by him and interlocutory orders rendered or issued by the lower court.[19]Under Section 1, Rule 45 of the Revised Rules of Court, only final judgments, orders or resolutions of the Court of Appeals or Sandiganbayan may be assailed therein. The remedy is a mode of appeal on questions of law only.[20]
a.) Respondent Singson and Atty. Camacho did not report in CA-G.R. CV No. 64281 (Civil Case No. Q-98-35444) the pendency of Civil Case No. Q-00-39794 filed by respondent himself on January 26, 2000 and which case involves the same principal issues of validity and enforceability of the same deed of exchange dated April 18, 1997.We are not swayed.
b.) Vice-versa, respondent and Atty. Camacho did not report in Civil Case No. Q-00-39794 the pendency of CA-G.R. CV No. 64281 (Civil Case No. Q-98-35444);
c.) Respondent Singson submitted a false certification on non-forum shopping in the original complaint in Civil Case Q-00-39794 by wilful (sic) non-disclosure of the pendency of CA-G.R. CV No. 64281 (Civil Case No. Q-98-35444);
d.) Corollary to the above, respondent Singson and Atty. Camacho submitted a false certification on non-forum shopping in the amended complaint in Civil Case No. Q-00-39794 by wilful (sic) non-disclosure of the pendency of CA-G.R. CV No. 64281 (Civil Case No. Q-98-35444).[22]
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 theretofore 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 is pending, he shall report that fact within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.Forum shopping exists when, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another, or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other court would make a favorable disposition.[23]
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.
Forum shopping exists when the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in another (Alejandrino v. Court of Appeals, 295 SCRA 536, 554 [1998]; Philippine Woman’s Christian Temperance Union, Inc. v. Abiertas House of Friendship, Inc., 292 SCRA 785, 794 [1998]). Litis pendentia requires the concurrence of the following requisites:We agree with the contention of the petitioner that, under Section 5, Rule 7, of the Revised Rules of Court, a complaint may be dismissed for failure of the plaintiff therein to inform the court of the filing of the same or similar complaint within five (5) days from such filing. The same or similar complaint referred to in the rule refers to a complaint wherein the parties, causes of action, issues and reliefs prayed for, are identical to those in the first complaint. The plaintiff may also be declared in indirect contempt of court if he submits a false certification.As explained by this Court in First Philippine International Bank v. Court of Appeals (252 SCRA 259 [1996]), forum-shopping exists where the elements of litis pendentia are present, and where a final judgment in one case will amount to res judicata in the other. Thus, there is forum shopping when, between an action pending before this Court and another one, there exist: “a) identity of parties, or at least such parties as represent the same interests in both actions, b) identity of rights asserted and relief prayed for, the relief being founded on the same facts, and c) the identity of the two preceding particulars is such that any judgment rendered in the other action, will, regardless of which party is successful, amount to res judicata in the action under consideration; said requisites also constitutive of the requisites for auter action pendant or lis pendens.” Another case elucidates the consequence of forum shopping: “[W]here a litigant sues the same party against whom another action or actions for the alleged violation of the same right and the enforcement of the same relief is/are still pending, the defense of litis pendentia in one case is a bar to the others; and, a final judgment in one would constitute res judicata and thus would cause the dismissal of the rest.” (Prubankers Association v. Prudential Bank & Trust Company, 302 SCRA 74, 83-84 [1999].)
- Identity of parties, or at least such parties as those representing the same interests in both actions;
- Identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts; and
- Identity with respect to the two preceding particulars in the two cases, such that any judgment that may be rendered in the pending case, regardless of which party is successful, would amount to res adjudicata in the other case. (Philippine Woman’s Christian Temperance Union, Inc. v. Abiertas House of Friendship, Inc., supra, at 791; citations omitted.)