TAY CHUN SUY, vs. COURT OF APPEALS AND DEVELOPMENT BANK OF THE PHILIPPINES.
- G.R. Number: G.R. No. 93640
- Promulgated: 1994-01-07
- Ponente: Bellosillo, J.
Doctrine
A matter once finally decided cannot be relitigated; identical points should be decided the same way where a prior ruling is final and executory.
Points of law, theories, issues and arguments not adequately raised before the trial court will ordinarily not be considered for the first time on appeal.
Facts
The case presents the conflict between the buyer of a vessel at a prior extrajudicial foreclosure and the buyer at a subsequent auction sale, both failing to register their transactions.
On 9 May 1978 SCLC obtained a loan from DBP secured by a mortgage on the vessel MV Sta. Clara I; upon default the mortgage was foreclosed and the vessel was auctioned on 18 August 1982 and sold to DBP.
DBP did not register the mortgage or its title to the vessel with the Philippine Coast Guard, an omission relied upon by petitioner to challenge DBP's ownership.
The Court noted that the matter of non-registration and the trial court's jurisdiction had been previously decided and made final and executory.
Issues
Whether, between the buyer at a prior extrajudicial foreclosure and the buyer at a subsequent auction sale—both failing to register—the prior buyer has the better right of dominion over the vessel.
Whether DBP's failure to register its title to MV Sta. Clara I with the Philippine Coast Guard is fatal to its claim of ownership.
Whether the trial court had jurisdiction to issue the writ of preliminary injunction in the action.
Ruling
The petition for review on certiorari is dismissed for lack of reversible error; the Court found no need to disturb the lower courts' findings and sustained the decision a quo.
The issue of DBP's non-registration and the trial court's jurisdiction had been previously decided and was final and executory, thus petitioner cannot relitigate them here.
Keywords
G.R. No. 93640, extrajudicial foreclosure, auction sale, mortgage, certificate of sale, Philippine Coast Guard, Levy and Attachment, judgment, execution sale, Annulment of execution sale, recovery of possession, damages, attorney's fees, Restraining order, preliminary injunction, certiorari, mandamus with prohibition, Rule that factual findings of the trial court, as well as those of the Court of Appeals, are entitled to great weight and respect, ministerial duty, anomalous conduct of proceedings