Case Digest (G.R. No. 213080)
Case Digest (G.R. No. 213080)
Facts:
Harbour Centre Port Terminal, Inc. v. Hon. Lyliha L. Abella‑Aquino, et al., G.R. No. 213080, May 03, 2021, Supreme Court Third Division, Leonen, J., writing for the Court.The dispute arose from a November 19, 2004 Memorandum of Agreement (MOA) between Harbour Centre Port Terminal, Inc. (Harbour Centre) and La Filipina Uygongco Corporation and Philippine Foremost Milling Corporation (collectively, La Filipina) under which Harbour Centre agreed, inter alia, to maintain the navigational channel and berthing area at -11.5 meters Mean Lower Low Water (MLLW), to respect priority berthing, and to apply a specified formula for port and cargo handling charges. After several of La Filipina’s vessels allegedly touched bottom, La Filipina filed suit on November 10, 2009 in the Regional Trial Court (RTC), Manila, Branch 24, for specific performance and damages.
On October 11, 2011 the RTC found Harbour Centre liable for breach of the MOA, ordered it to dredge to -11.5 meters MLLW, to honor priority berthing and the formula for rates, and awarded various monetary reliefs including liquidated damages, actual damages, exemplary damages and attorney’s fees; it also ordered release to plaintiffs of sums deposited under protest. Harbour Centre filed a notice of appeal on November 2, 2011. La Filipina filed a Motion for Partial Execution Pending Appeal on November 9, 2011 seeking immediate dredging, payment/crediting of certain sums, and other reliefs; Harbour Centre opposed, arguing (among other defenses) that the trial court lost jurisdiction once it perfected its appeal.
On February 28, 2012 the RTC granted La Filipina’s motion in part, ordering immediate dredging to -11.5 meters MLLW and the crediting/release of deposits representing excess port and cargo handling charges; a writ of execution issued March 8, 2012. Harbour Centre sought reconsideration and sought to quash the writ; the RTC denied relief. La Filipina thereafter contracted F.F. Cruz & Co., Inc. (FFC Cruz) to perform dredging (contract entered April 16, 2014), and FFC Cruz completed dredging in October 2014.
Harbour Centre sought relief in the Court of Appeals (CA) challenging the partial execution; the CA in a March 3, 2014 Resolution dismissed the petition as moot, and denied reconsideration on June 16, 2014. Harbour Centre filed a Rule 45 petition for review with the Supreme Court. Meanwhile, in the separate Main Appeal from the RTC judgment the CA rendered a Decision on June 15, 2015 affirming with modification; appeals in those proceedings were consolidated in other G.R. numbers but this petition (G.R. No. 213080) concerns the validity of the RTC’s order granting partial execution and whether Harbour Centre committed forum shopping.
The issues taken to this Court were (1) whether the RTC validly granted La Filipina’s motion for partial execution pending appeal and issued the writ of execution; and (2) whether Harbour Centre committed forum shopping by raising execution issues in its appellate brief while this Rule 45 petition was pending.
Issues:
- Was the RTC’s grant of the Motion for Partial Execution Pending Appeal and the issuance of the writ of execution valid?
- Did petitioner Harbour Centre commit forum shopping by raising the validity/manner of execution in its Appellant’s Brief while this Rule 45 petition was pending?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)