487 Phil. 350
YNARES-SATIAGO, J.:
Mr. Willie UyOn October 25, 2001, the trial court modified its order dated July 24, 2001 by reinstating the complaint insofar as the action for recovery of sum of money against Borres is concerned. Thus –
Quezon City
Philippines
Dear Mr. Uy,
I offer to buy back the property at 1661 Evangelista St., Bangkal, Makati City, M.M. which once belonged to me and my family at thirteen million (P13,000,000.00) pesos and I will pay on or before January 22, 1996.
I agree to shoulder all expenses after I buy the said property like the Capital Gains Tax and others.
My request is to include in the Deed of Sale all necessary documents such as all receipts etc., and the cancelled Title under my name for keep sake.
Thank you.
Very sincerely yours, Ma. Angelina M. Fernando[8]
On November 16, 2001, petitioner filed a notice of appeal[10] questioning the July 24, 2001 and October 25, 2001 orders of the trial court.…
Consequently, the Order dated 24 July 2001 is therefore MODIFIED, as to the dismissal of the complaint against the defendant Borres is concerned, and the complaint against said defendant is reinstated. Defendant Borres is given a new fifteen (15) day… period from receipt of a copy of this Order, through counsel, within which to file her Answer to the complaint, particularly as to plaintiff’s cause of action stated in paragraphs 16 to 19 thereof.
The Order of dismissal of the complaint against Chua and Uy still stands.
SO ORDERED. (Emphasis supplied)[9]
PREMISES CONSIDERED, the motion to dismiss filed by defendant Chua is GRANTED for the reasons aforementioned. Necessarily, the motion for reconsideration filed by plaintiff dated March 25, 2002 is DENIED for lack of merit. However, the motion for execution filed by defendant Uy dated April 15, 2002 is not to be acted upon until finality of this Order. On the other hand, the motion of defendant Borres to have the same scheduled for pre-trial conference is GRANTED and the same is scheduled on September 16, 2002 at 8:30 a.m. Notify the plaintiff and defendant Borres of this assignment immediately as well as their respective counsel.Petitioner filed a petition for certiorari with the Court of Appeals contending that her complaint seeks to hold all respondents solidarily liable for the fraudulent conveyance of her property. She claimed that the trial court cannot render several judgment and separate the liability of Borres with that of her co-respondents. As such, appeal from the decision of the trial court can be perfected by the filing of a notice of appeal within 15 days from receipt of the questioned order without need of submitting a record on appeal.
SO ORDERED.[12]
IN VIEW OF ALL THE FOREGOING, we find that the respondent judge did not commit grave abuse of discretion in issuing the Order dated 19 August 2002. Accordingly, for lack or merit, the instant petition is hereby DISMISSED and the assailed Order is hereby AFFIRMED.On November 6, 2003, petitioner’s motion for reconsideration was denied. Hence, the instant petition.
SO ORDERED.[13]
SEC. 4. Several judgments.—In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others.A several judgment is proper when the liability of each party is clearly separable and distinct from that of his co-parties, such that the claims against each of them could have been the subject of separate suits, and judgment for or against one of them will not necessarily affect the other.[14]
It is clear that the third cause of action for payment of the amounts of P200,000.00 and P120,000.00 is directed only against Borres to the exclusion of Uy and Chua. There is no dispute that Chua, through Borres, granted loans to petitioner secured by a mortgage on the subject lot. The issues of whether or not Borres should reimburse the amount of P120,000.00 allegedly received from petitioner for payment real estate taxes of the lot, and the P200,000.00 purportedly deducted by Borres from petitioner’s third loan, are distinct from and independent of the question of whether petitioner signed the deed of absolute sale through the misrepresentation of respondents. Otherwise stated, even if the trial court debunk petitioner’s claim that respondents (including Borres) connived in defrauding her to convey the property, the action against Borres for sum of money will still subsist because it is based on issues which has nothing to do with the issue of fraud, i.e., whether Borres received the amount of P120,000.00 and whether she has the obligation to pay the real estate taxes of the mortgaged lot. As to the amount of P200,000.00 the question is the validity of the deduction of said amount from the third loan obtained by petitioner. The cause of action for collection of sum of money against Borres can thus proceed independently of the dismissal of the action to hold her solidarily liable with Chua and Uy for the alleged fraudulent conveyance of the lot (first, second and fourth causes of action of the complaint). As admitted by petitioner in her motion for reconsideration of the July 24, 2001 Order, the issue against Borres is one for misappropriation of the amounts sought to be recovered.As Third Cause of Action
…
- Defendant BORRES did not comply with her undertaking to pay the real property taxes on the aforementioned property for the year 1995 – the same having been actually paid by MONTE DE PIEDAD & SAVINGS BANK (later renamed KEPPEL MONTE BANK), the administrator of the said property for plaintiff – for which she received the sum of ONE HUNDRED TWENTY THOUSAND PESOS (P120,000.00).
- Furthermore, said defendant BORRES unlawfully deducted the sum of TWO HUNDRED THOUSAND PESOS (P200,000.00) from the third loan obtained by plaintiff from defendant CHUA.
- Plaintiff is entitled to recover the aforesaid sums from defendant BORRES with interest.
…
Prayer
…
c. that thereafter, judgment be rendered in favor of plaintiff and against the defendants:on the first cause of action, declaring the Deed of Absolute Sale (Annex “B”) null and void and of no effect whatsoever, and as a result thereof, directing defendant RD [Register of Deeds] to cancel Transfer Certificate of Title No. 203326 (Annex “C”) which was issued in the name of defendant CHUA pursuant thereto;
on the second cause of action, directing defendant RD similarly to cancel Transfer Certificate of Title No. 203771 (Annex “E”) issued in the name of defendant Uy;
on the third cause of action, ordering defendant BORRES to return to plaintiff the sums of P120,000.00 and P200,000.00 wrongfully obtained by her from the latter, with interest at the legal rate from the filing of the instant case until fully paid; and
on the fourth cause of action, ordering defendants, except defendant RD, jointly and severally, to pay plaintiff:moral damages in the amount of not less than P1,000,000.00
the sum of P500,000.00 as and for attorney’s fees and expenses of litigation.
the sum of P100,000.00 as exemplary or corrective damages;
and ordering defendants, except defendant RD, jointly and severally, to pay the costs of suit. (Emphasis, supplied)[15]
The disputes in the case below for specific performance have arisen from the demand to make adjustments on the property where the adjacent owner is alleged to have usurped a part thereof, the exercise of the right of pre-emption and the payment of rental arrearages. A ruling on the issue of encroachment will perforce be determinative of the issue of unpaid rentals. These two points do not arise from two or more causes of action, but from the same cause of action. Hence, this suit does not require multiple appeals. There is no ground for the splitting of appeals in this case, even if it involves an Order granting (and denying) a motion to dismiss and a Partial Judgment granting a motion for judgment on the pleadings. The subject matter covered in the Order and in the Partial Judgment pertain to the same lessor-lessee relationship, lease contract and parcel of land. Splitting appeals in the instant case would, in effect, be violative of the rule against multiplicity of appeals.In the said cited case, the issue of encroachment and the area thereof, if there is any, will determine the propriety of awarding back rentals as well as the basis of the computation of rental arrearages on a per square meter basis. The trial court cannot validly render decision on the amount of arrearages without resolving first the question on encroachment. Hence, no several judgments can be rendered and no multiple appeals can be made in the said case because the issues arose from a single cause of action, i.e., to compel correction or adjustment of the encroached area. Accordingly, the Court affirmed the decision of the Court of Appeals, holding among others, that the trial court erred in rendering partial judgment on the rental arrearages because the averments and available evidence tendered a valid issue which could not be resolved merely on the pleadings.
The conclusion is irresistible that since a case has not been made out for multiple appeals, a record on appeal is unnecessary to perfect the appeal.[17]
SEC. 2. Modes of appeal.—The rationale for requiring the filing of a record on appeal in cases where several judgment is rendered is to enable the appellate court to decide the appeal without the original record which should remain with the court a quo pending disposal of the case with respect to the other defendants.[18]
(a) Ordinary appeal.—The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require. In such cases, the record on appeal shall be filed and served in like manner. (Emphasis, supplied)
SEC. 3. Period of ordinary appeal, appeal in habeas corpus —The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. (Emphasis, supplied)
SEC. 13. Dismissal of appeal.—Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu propio or on motion to dismiss the appeal for having been taken out of time, or for non-payment of the docket and other lawful fees within the reglementary period. (As amended by A.M. No. 00-2-10-SC, May 21, 2000).