Title
Asia United Bank vs. Goodland Co., Inc.
Case
G.R. No. 190231
Decision Date
Dec 8, 2010
Goodland Company repudiated a mortgage, alleging fraud, and filed two cases to nullify it. The Supreme Court ruled it engaged in forum shopping, dismissing the case with prejudice.
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Case Digest (G.R. No. 190231)

Facts:

    Background and Mortgage Agreement

    • On July 21, 1999, respondent Goodland Company, Inc. mortgaged its two real properties in Laguna to petitioner Asia United Bank (AUB) as security for loans granted to Smartnet Philippines, Inc. (SPI).
    • Goodland’s vice president, Gilbert G. Guy, executed the contract of real estate mortgage on behalf of the respondent.

    Dispute over Intent and Allegations of Fraud

    • On January 29, 2002, respondent sent a letter to the petitioners repudiating the mortgage and accusing them of fraud and falsification.
    • The respondent asserted that Guy had signed a blank deed of mortgage under the understanding that the company would act merely as a third-party accommodation mortgagor for SPI, not to secure SPI’s loans by mortgaging the Laguna properties.
    • Petitioners, contrary to this understanding, allegedly completed and registered the blank forms in a fraudulent manner, prompting the respondent to demand the release of the encumbrance over its properties.

    Initiation of Legal Actions

    • On January 16, 2003, the respondent filed Civil Case No. B-6242 in the RTC of BiAan, Laguna, Branch 25 seeking nullification of the mortgage on the ground of fraud, essentially reiterating the contents of its January 29, 2002 letter.
    • Meanwhile, AUB proceeded with the foreclosure of the Laguna properties due to SPI’s failure to pay its loans, and subsequently, the properties were sold in a public auction where AUB emerged as the highest bidder.

    Subsequent Litigation and Filing of a Second Case

    • On November 26, 2006, respondent filed a second case, Civil Case No. B-7110, in the same RTC, seeking to nullify the foreclosure by asserting that it never consented to mortgage the Laguna properties to AUB as security for SPI’s loans.
    • A motion to dismiss Civil Case No. B-7110 was filed by AUB, and the RTC dismissed it with prejudice on March 15, 2007, on the ground of willful and deliberate forum-shopping.

    Dismissal of the First Case and Subsequent Developments

    • On August 16, 2007, the RTC dismissed Civil Case No. B-6242 on a motion by the petitioners, noting that the allegations and reliefs sought in both cases were identical.
    • The RTC emphasized that the respondent failed to report the filing of Civil Case No. B-7110, thereby breaching its certification against forum shopping.
    • The respondent’s subsequent motion for reconsideration was denied in an order dated December 5, 2007.

    Appeal and Final Resolution in the Higher Courts

    • The respondent appealed the RTC decisions to the Court of Appeals (CA).
    • On August 11, 2009, the CA reversed the RTC’s dismissal in Civil Case No. B-6242 by holding that the respondent asserted dissimilar rights and reliefs in the two cases, effectively reinstating Civil Case No. B-6242.
    • Petitioners’ motion for reconsideration before the CA was denied in a resolution dated November 10, 2009.
    • The petitioners then elevated the case by filing a petition under Rule 45 to reverse the CA rulings, asserting that the CA erred in reinstating Civil Case No. B-6242 given the respondent’s willful forum-shopping.

Issue:

    Whether the dismissal with prejudice of Civil Case No. B-6242 by the RTC was appropriate.

    • Did the respondent commit willful and deliberate forum-shopping by filing two actions involving the same subject matter?
    • Was the respondent’s failure to notify the RTC of the filing of a second identical case a ground for dismissing the first case?

    Whether the Court of Appeals erred in reinstating Civil Case No. B-6242 by holding that the respondent asserted dissimilar rights and sought different reliefs in the two cases.

    • How should the alleged differences in the respondent’s claims between Civil Case Nos. B-6242 and B-7110 be reconciled in determining the presence or absence of forum-shopping?
    • Does the existence of parallel proceedings automatically nullify the respondent’s claim to nullify the mortgage and foreclosure?
  • Whether the principles of forum-shopping and the requirements under Rule 7, Section 5 of the Rules of Court have been correctly applied by the lower courts.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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