Case Digest (G.R. No. 196580)
Facts:
The case involves a petition for review on certiorari filed by the Bangko Sentral ng Pilipinas (BSP) and its Monetary Board (BSP-MB) against Banco Filipino Savings and Mortgage Bank (Banco Filipino). The case originated from three separate civil actions filed by Banco Filipino in the Regional Trial Court (RTC) of Makati City. The first case, Civil Case No. 8108, was filed on August 6, 1984, seeking to annul Resolution No. 955 of the Monetary Board, which placed Banco Filipino under conservatorship. The second case, Civil Case No. 9675, was filed on February 2, 1985, to annul Resolution No. 75, which ordered the closure of Banco Filipino. The third case, Civil Case No. 10183, was filed on June 3, 1985, challenging the validity of the resolution dated March 22, 1985, which ordered the liquidation of Banco Filipino.
In 1985, Banco Filipino also filed a petition for certiorari and mandamus with the Supreme Court, which led to the consolidation of the three civil cases. Over th...
Case Digest (G.R. No. 196580)
Facts:
Background of the Case
- Civil Case No. 8108: Filed on August 6, 1984, by Banco Filipino against the Monetary Board, the Central Bank of the Philippines, and Jose B. Fernandez, Jr., seeking to annul Resolution No. 955, which placed Banco Filipino under conservatorship.
- Civil Case No. 9675: Filed on February 2, 1985, by Banco Filipino against the Monetary Board, the Central Bank, and several individuals, seeking to annul Resolution No. 75, which ordered the closure of Banco Filipino.
- Civil Case No. 10183: Filed on June 3, 1985, by Banco Filipino against the Monetary Board, the Central Bank, and several individuals, challenging the validity of the resolution dated March 22, 1985, which ordered the liquidation of Banco Filipino.
Consolidation of Cases
- On August 29, 1985, the Supreme Court ordered the consolidation of the three civil cases (Nos. 8108, 9675, and 10183) with the RTC of Makati City, Branch 136.
Amendments to the Complaint
- On May 29, 1995, Banco Filipino filed a Motion to Admit Amended/Supplemental Complaint, claiming actual damages of at least P18.8 billion and substituting the Central Bank-Board of Liquidators (CB-BOL) for the Central Bank and its Monetary Board.
- On September 25, 2003, Banco Filipino filed a Second Amended/Supplemental Complaint, seeking to implead Bangko Sentral ng Pilipinas and its Monetary Board (BSP-MB) as additional defendants.
Motions to Dismiss
- On March 1, 2004, BSP-MB filed a Motion to Dismiss the Second Amended/Supplemental Complaint, arguing prescription of claims, waiver, and lack of jurisdiction due to defective service of summons.
- On October 5, 2004, BSP-MB filed a Supplemental Motion for Summary Dismissal Based on Forum-Shopping, arguing that Banco Filipino committed forum-shopping by filing a petition to revive the judgment in G.R. No. 70054.
RTC and CA Proceedings
- On June 30, 2006, the RTC dismissed Banco Filipino's Second Amended/Supplemental Complaint with prejudice as to BSP-MB on the grounds of prescription, estoppel, and lack of jurisdiction.
- Banco Filipino filed a Notice of Appeal, which the RTC disapproved on December 4, 2006, citing Rule 41, Section 1 of the Rules of Court.
- Banco Filipino filed a Petition for Certiorari with the CA, which reversed the RTC's Orders on November 25, 2010, ruling that the dismissal was a final order and thus appealable.
Issue:
- Whether the RTC committed grave abuse of discretion in denying Banco Filipino's Notice of Appeal.
- Whether the CA erred in applying the doctrine of non-interference.
- Whether Banco Filipino had the legal capacity to file the petition due to defective verification and certification against forum shopping.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
The Supreme Court reversed the CA's Decision and Resolution, holding that the RTC did not commit grave abuse of discretion in denying Banco Filipino's Notice of Appeal. The proper remedy was a petition for certiorari, and Banco Filipino's petition was defective due to improper verification and certification against forum shopping.