G.R. No. 201044 - Jorgenetics Swine Improvement Corp. vs. Thick and Thin Agri-Products, Inc.

On November 10, 2008, Thick & Thin Agri-Products, Inc. (TTAI) filed a complaint for replevin with damages against Jorgenetics Swine Improvement Corporation (Jorgenetics) in RTC Quezon City (Civil Case No. Q-08-63757), seeking possession of 4,765 heads of hogs subject to a chattel mortgage securing Jorgenetics’ Php20,000,000 debt for feeds and supplies.
The trial court issued a writ of replevin on November 11, 2008, requiring Jorgenetics to post a Php40,000,000 bond.

On May 29, 2009, the writ was served on Jorgenetics’ farm purchasing officer by substituted service; the hogs were seized and delivered to TTAI.
Jorgenetics moved to dismiss for lack of jurisdiction over its person, arguing improper substituted service, and prayed for quashal of the writ and damages against the bond.

On February 4, 2010, Branch 75, RTC Quezon City, granted the motion to dismiss, ordering the return of the hogs, and denied TTAI’s motion for reconsideration.
Jorgenetics filed a motion for writ of execution with application for damages against the replevin bond; the court set a hearing and invited comments despite the dismissal order.
TTAI filed a Rule 65 certiorari petition (CA-G.R. SP No. 114682) assailing the dismissal as inconsistent with subsequent execution proceedings.

On March 29, 2011, the CA nullified the February 4, 2010 Order, reinstated the replevin complaint, and remanded for further proceedings; its February 29, 2012 resolution denied Jorgenetics’ motion for reconsideration.
In Branch 226, RTC Quezon City, proceedings fluctuated: an April 29, 2011 resolution quashed execution and upheld the dismissal; a May 7, 2012 resolution reinstated the case per CA decision; Branch 75’s October 18, 2012 order erroneously enforced the dismissal; Branch 216’s March 15, 2013 order reinstated the case and returned hogs.
TTAI filed a second certiorari petition (CA-G.R. SP No. 130075) challenging the October 18, 2012 and March 15, 2013 orders; on October 29, 2014, the CA nullified the October 18, 2012 order and affirmed the March 15, 2013 order with modification.

Jorgenetics filed Rule 45 petitions: G.R. No. 201044 (assailing CA-G.R. SP No. 114682) and G.R. No. 222691 (assailing CA-G.R. SP No. 130075).
TTAI manifested that on May 2, 2017, the trial court rendered a final decision on the merits, adjudicating TTAI as rightful possessor and entering judgment for deficiency, which had become final and executable, moving for dismissal of the petitions as moot.

Whether the petitions are moot in view of the final and executory decision on the merits in Civil Case No. Q-08-63757.

Whether Jorgenetics failed to comply with verification and non-forum-shopping rules.

Whether the February 4, 2010 order became final and executory after Rule 41 appeal period lapsed.

Whether Jorgenetics’ application for damages and motion for execution constituted voluntary submission to the trial court’s jurisdiction.