Case Digest (G.R. No. 171842)
Facts:
- The case involves a dispute over the possession of a property between a sub-lessee (Mandy Commodities, Inc.) and a provisional permit holder (Gloria Dy).
- The property in question is a portion of a government-owned land in Manila, which was sublet by the Philippine National Bank (PNB) to Mandy Commodities.
- The lease contract between the National Government and PNB was about to expire, and the Department of Environment and Natural Resources (DENR) issued several memoranda regarding the renewal of the lease.
- Eventually, the DENR withdrew the lease contract with PNB and called off the sub-lease contract with Mandy Commodities.
- The Land Management Bureau (LMB) informed PNB that a take-over team would repossess the property upon the termination of the lease contract.
- In order to prevent the take-over, PNB filed a complaint for injunction with the Regional Trial Court (RTC) of Pasay. The RTC denied PNB's application for a temporary restraining order (TRO) and ordered the LMB to secure and take over the property.
- The Court of Appeals later nullified the RTC's order and granted PNB's application for a TRO.
- During this time, Gloria Dy was granted a provisional permit by the LMB to occupy the property.
- Dy entered the property and posted notices requiring tenants to secure authorization from her to enter.
- Mandy Commodities, as the sub-lessee, filed a complaint for damages and injunction against Dy, and regained possession of the property with the aid of its security personnel.
- Dy then filed an unlawful detainer case against Mandy Commodities, while the latter's forcible entry case was pending before the Court of Appeals.
- Mandy Commodities moved for the dismissal of Dy's case on the ground of forum shopping.
- The Court of Appeals dismissed Dy's appeal on the basis of forum shopping and lack of merit.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the decision of the Cou...(Unlock)
Ratio:
- The Court explained that forum shopping is the practice of litigants resorting to different courts or fora to obtain the same relief, which can lead to...continue reading
Case Digest (G.R. No. 171842)
Facts:
The case involves a dispute over the possession of a property in Manila, Philippines. The petitioner, Gloria S. Dy, filed a Petition for Review on Certiorari seeking to reverse the decision of the Court of Appeals dismissing her appeal on the ground of forum shopping. The case originated from a lease contract between the National Government and the Philippine National Bank (PNB) for a government-owned land in Binondo, Manila. PNB sublet a portion of the land to respondent Mandy Commodities Co., Inc. (Mandy Commodities), who constructed a warehouse on the subleased portion. When the lease contract was about to expire, the Department of Environment and Natural Resources (DENR) issued conflicting memoranda regarding the renewal of the lease. The DENR eventually withdrew the lease contract and called off the sublease contract with Mandy Commodities. The Land Management Bureau (LMB) then informed PNB that a take over team was created to repossess the property. In order to prevent the take over, PNB filed a complaint for injunction before the Regional Trial Court (RTC) of Pasay. The RTC denied PNB's application for a temporary restraining order (TRO) and ordered the LMB to take over the property. The Court of Appeals nullified the RTC's order and granted PNB's application for a TRO. Meanwhile, Mandy Commodities filed a complaint for damages and injunction against Gloria Dy, who had occupied the property with a provisional permit from the LMB. The Metropolitan Trial Court ...