Title
City of Caloocan vs. Court of Appeals
Case
G.R. No. 145004
Decision Date
May 3, 2006
Caloocan City sold property to Gotesco; COA adjusted price. Mayor refused amended deed, leading to multiple lawsuits dismissed for forum-shopping, defective certification, and litis pendentia.
A

Case Digest (G.R. No. 145004)

Facts:

# Background of the Property Sale

  • On 02 August 1990, the Sangguniang Panlungsod (Sanggunian) of Caloocan City passed Ordinance No. 068 s. 1990, authorizing the city mayor, Mayor Macario Asistio, Jr., to negotiate and enter into a contract of sale for a 22,685.82 square meter patrimonial property covered by TCT No. 54327.
  • On 06 September 1990, Mayor Asistio, representing Caloocan City, and Jose C. Go of Ever Gotesco (Gotesco), executed a Deed of Absolute Sale for the property at P136,114,800.00.

# Commission on Audit (COA) Intervention

  • The COA initially disapproved the Deed of Sale but later approved it on reconsideration, setting the selling price at P8,926.39 per square meter (totaling P182,085,078.30).
  • On 23 October 1997, the Sanggunian passed Ordinance No. 0236, amending Ordinance No. 068, directing the execution of an amended deed of sale reflecting the COA-approved price.
  • Mayor Reynaldo O. Malonzo vetoed the ordinance, arguing that the original deed was valid and subsisting. However, the Sanggunian overrode the veto with Resolution No. 0609.

# Execution of Amended Deed and Refusal to Sign

  • On 28 November 1997, Gotesco executed an Express Consent to the Novation of the Deed of Absolute Sale and an Amended Deed of Absolute Sale, agreeing to the COA-approved price.
  • Mayor Malonzo received the documents but refused to sign the amended deed.

# Legal Proceedings Initiated by Gotesco

  • On 12 March 1998, the Department of Interior and Local Government (DILG) opined that the deed of sale could be registered with the Register of Deeds of Caloocan City.
  • Gotesco tendered payment for the property, transfer tax, and real estate tax, but the payments were refused by the City Treasurer and Mayor Malonzo.
  • Gotesco filed Civil Case No. C-18274 for consignation of the purchase price and tax payments.

# Registration of the Deed and Issuance of Title

  • On 02 April 1998, the Land Registration Authority allowed the registration of the deed of sale, and on 15 April 1998, TCT No. 326321 was issued in Gotesco's name.

# Caloocan City's Legal Actions

  • On 16 April 1998, Caloocan City filed Civil Case No. C-18308 for prohibition, seeking to enjoin the registration of the deed of sale.
  • On 31 July 1998, Caloocan City filed Civil Case No. C-18337 for annulment of the sale and cancellation of the title issued to Gotesco.

# Court of Appeals Proceedings

  • Gotesco moved to dismiss Civil Case No. C-18337, but the trial court denied the motion.
  • Gotesco filed a petition for certiorari with the Court of Appeals, which initially dismissed the petition but later reversed its decision, ordering the dismissal of Civil Case No. C-18337 on the grounds of forum-shopping and defective certification against forum-shopping.

Issues:

  • Whether the Court of Appeals erred in dismissing Civil Case No. C-18337 on the ground of forum-shopping.
  • Whether Mayor Malonzo had the authority to file suits on behalf of Caloocan City without prior authorization from the Sanggunian.
  • Whether the certification against forum-shopping in Civil Case No. C-18337 was defective for being signed by the City Legal Officer instead of Mayor Malonzo.
  • Whether the cases filed by Caloocan City involved the same parties, causes of action, and reliefs, thereby constituting litis pendentia or res judicata.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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