G.R. No. 195669 - Bradford United Church of Christ, Inc. vs. Ando

Bradford United Church of Christ, Inc. (BUCCI) filed a Complaint for unlawful detainer and damages before MTCC Branch 2 of Mandaue City against Dante Ando, Abenigo Augis, Edgar Cardones, Zacarias Gutierrez, Cornelio Ibarra, Jr., Zenaida Ibarra, Teofilo Lirasan, Eunice Lirasan, Ruth Mission, Dolly Rosales, Eunice Tambangan (as Mandaue Bradford Church Council members), Mandaue Bradford Church (MBC), and United Church of Christ in the Philippines, Inc. (UCCPI).
On February 9, 2005, the MTCC ordered BUCCI to show cause for its failure to comply with the certification against forum-shopping under Rule 7, Section 5 of the Rules of Court.
On March 31, 2005, the MTCC dismissed the unlawful detainer Complaint with prejudice for non-compliance with the certification requirement.

UCCPI and MBC filed a plenary action before the RTC of Mandaue City for recovery of ownership (Lots 3-F and 3-C) with a prayer for preliminary injunction against BUCCI.
On October 13, 1997, the RTC rendered judgment in favor of BUCCI. UCCPI and MBC filed a motion for reconsideration on November 19, 1997, which was denied on March 10, 2005.

BUCCI appealed the MTCC’s dismissal to the RTC (Civil Case No. MAN-5126-A); on March 13, 2006, the RTC affirmed the dismissal with prejudice and denied reconsideration on June 23, 2006.
BUCCI petitioned the Court of Appeals (CA-G.R. SP No. 01935); the CA dismissed the petition on December 10, 2010, and denied reconsideration on January 26, 2011.
BUCCI filed a Petition for Review on Certiorari with the Supreme Court.

Does the filing of the unlawful detainer case during the pendency of the recovery of ownership case amount to forum-shopping?
Was BUCCI’s omission of the pendency of the ownership case in its certification against forum-shopping a fatal defect mandating dismissal?