Case Digest (G.R. No. L-31646-52)
Facts:
On December 15, 2006, the Quezon City Government auctioned for tax delinquency a condominium building registered to Edmundo F. Kaimo. Laverne Realty & Development Corporation, represented by Alexander Catolos, won the bidding, paid the bid price, and received a Certificate of Sale. After the one-year redemption period lapsed, it secured the Final Bill of Sale and successfully petitioned the Regional Trial Court (Branch 220, Quezon City) for confirmation and issuance of a new Transfer Certificate of Title. Branch 220 later granted a writ of possession, which it subsequently quashed on February 25, 2013, upon motions by Philtrust Bank and Kaimo Condominium Building Corporation (KCBC) under Section 33, Rule 39 of the Rules of Court. In October 2015, Laverne forcibly entered the building with security guards, barred tenants and staff from retrieving personal belongings, and installed grills on entrances. On November 4, 2015, KCBC filed a Petition for Contempt (Civil Case No. R-QZN-1Case Digest (G.R. No. L-31646-52)
Facts:
- Public Auction and Sale
- On December 15, 2006, the Quezon City Government auctioned properties for delinquent real property taxes, including Kaimo Condominium Building (registered under Edmundo F. Kaimo).
- Laverne Realty & Development Corporation, represented by Alexander Catolos, was the highest bidder; after payment, it received a Certificate of Sale of Delinquent Property.
- Confirmation Proceedings and Possession
- Upon expiration of the one-year redemption period, the City Treasurer issued Laverne a Final Bill of Sale.
- Laverne filed a Petition for Confirmation of Final Bill of Sale and Entry of New Certificate of Title (RTC Branch 220, LRC Case No. 26035(8)); the court issued TCT No. 004-2012007580 and granted a Writ of Possession.
- Motions to Quash and Quashal of Writ
- On February 6, 2013, Philtrust Bank and KCBC separately moved to quash the Writ of Possession and suspend the notice to vacate.
- RTC Branch 220 granted the motions on February 25, 2013, quashing the writ; Laverne’s motion for reconsideration was denied on September 4, 2013.
- Hostile Takeover and Contempt Case
- On October 22, 2015, Laverne, with security guards, forcibly entered Kaimo Building, evicted tenants, installed grills, and denied re-entry for personal effects.
- KCBC filed a Petition for Contempt (RTC Branch 226, Civil Case No. R-QZN-15-10155-CV) on November 4, 2015, alleging indirect contempt for defying the quashed writ.
- Forcible Entry Case and Forum-Shopping Allegation
- On October 31, 2015, the Kaimos (individual unit owners) filed a Complaint for Forcible Entry with Damages (MeTC Branch 9, Civil Case No. 15-11544-S) seeking recovery of their units and damages.
- Laverne moved to dismiss the contempt case for forum shopping, claiming identity of parties, cause, and reliefs between the two actions.
- Trial and Appellate Rulings
- RTC Branch 226 dismissed KCBC’s contempt case with prejudice on February 18, 2016, for forum shopping; reconsideration was denied on November 4, 2016.
- The Court of Appeals, in a decision dated March 18, 2021 and resolution dated November 23, 2021 (CA-G.R. CV No. 109098), affirmed the dismissal for lack of merit.
Issues:
- Main Issue
- Whether KCBC committed forum shopping by filing the Contempt Case despite the existence of the Forcible Entry Case filed by the Kaimos.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)