VICTRONICS COMPUTERS, INC., vs. REGIONAL TRIAL COURT, BRANCH 63, MAKATI, presided by JUDGE JULIO R. LOGARTA, PANORAMA ENTERPRISES, INC., PASIG TOURIST DEVELOPMENT CORP., GALACTIC SPACE DEVELOPMENT CORP., MALATE TOURIST DEVELOPMENT CORP., CALOOCAN TOURIST DEVELOPMENT CORP., BARRIENTOS & CO., INC.,…
- G.R. Number: G.R. No. 104019
- Promulgated: 1993-01-25
- Ponente: Davide, Jr., J.
Doctrine
When the determination of one pending case would be prejudicial to another, the latter may be suspended or dismissed in deference to the prior or determinative action (litis pendentia principle).
Forum-shopping is proscribed as an act of malpractice that abuses court processes and undermines orderly procedure; the Court reiterates established condemnation of forum-shopping.
Facts
This is G.R. No. 104019 decided by the Third Division on 25 January 1993 (docket and date appear on the decision cover).
Petitioner moved to dismiss one action and alternatively asked the trial court to suspend proceedings pending resolution of another case pending before Branch 150, RTC Makati, because the latter was prejudicial to determination of the present case.
On 5 September 1991 petitioner filed a Special Appearance and Motion to Dismiss in Civil Case No. 91-2192 alleging improper service and lack of jurisdiction; on 16 September 1991 Branch 63, Makati RTC issued an order dismissing Civil Case No. 91-2069.
The respondent court denied motions for reconsideration, contempt charge for forum-shopping, motion to consolidate and other reliefs, and reiterated its dismissal order.
Issues
Whether the respondent court erred in dismissing Civil Case No. 91-2069 on the ground of litis pendentia despite its priority in filing.
Whether the private respondents are guilty of forum-shopping.
Ruling
The petition is GRANTED: the RTC order of 16 September 1991 dismissing Civil Case No. 91-2069 is SET ASIDE; a new order is entered DISMISSING instead Civil Case No. 91-2192 of Branch 150, RTC Makati on ground of lis pendens, with costs against the defendants.
The RTC order of 22 January 1992 in Civil Case No. 91-2069 is MODIFIED by setting aside the portion denying the motion to reconsider and declaring denial of the motion for consolidation moot and academic.
Keywords
G.R. No. 104019, Rule 45 of the Rules of Court, certiorari, petition for review, lis pendens, collection suit, Civil Case No. 91-2069, alias summonses, consolidation of cases, Purchase Order, sum of money and damages, nullification of purchase order, fraud, undue influence, compensatory or actual damages, exemplary damages, attorney's fees, causes of action, overpricing, bad faith