Case Digest (G.R. No. 211969) Core Legal Reasoning Model
Facts:
The petitioner, The Linden Suites, Inc., instituted on November 18, 2005 a complaint for damages before the Regional Trial Court (RTC) of Pasig City, Branch 70 (Civil Case No. 69023), against the respondent, Meridien Far East Properties, Inc., alleging that during excavation works for the Linden Suites in Ortigas, Pasig City, the respondent’s concrete retaining wall encroached on its property. The RTC, in a decision dated November 18, 2005, ordered the respondent to pay PHP 3,980,468.50 for the cost of demolition, PHP 1,000,000.00 as actual and compensatory damages, PHP 500,000.00 as attorney’s fees, and costs of suit. The Court of Appeals (CA) affirmed but deleted the award of actual and compensatory damages, and this Court, by resolution on August 27, 2008, likewise affirmed, rendering the judgment final upon denial of the respondent’s motion for reconsideration and issuance of Entry of Judgment on January 23, 2009. A writ of execution was issued on August 6, 2009, but attemp
Case Digest (G.R. No. 211969) Expanded Legal Reasoning Model
Facts:
- Background of the Dispute
- Petitioner Linden Suites, Inc. (LSI) filed on November 18, 2005 before RTC Pasig City (Branch 70, Civil Case No. 69023) a complaint for damages against respondent Meridien Far East Properties, Inc. (MFEPI).
- LSI alleged that in the course of excavation for its condominium project, it discovered MFEPI’s concrete retaining wall encroaching on LSI’s property. MFEPI’s removal effort was incomplete, forcing LSI to hire a contractor at a cost of ₱3,980,468.50, which MFEPI refused to reimburse.
- Prior Judicial Proceedings and Enforcement Efforts
- RTC rendered judgment on November 18, 2005 ordering MFEPI to pay:
- ₱3,980,468.50 plus legal interest from August 21, 2000;
- ₱1,000,000.00 as actual and compensatory damages;
- ₱500,000.00 for attorney’s fees; and costs of suit.
- Court of Appeals affirmed but deleted the compensatory damages; this Court denied further motions, and an Entry of Judgment issued January 23, 2009.
- LSI obtained a writ of execution (August 6, 2009). Sheriff attempts to serve MFEPI at its Makati office (April 2010) and at its 2006 SEC-registered address in Mandaluyong (June 2010) failed.
- Motion to Examine Judgment Obligor and Lower Court Rulings
- LSI filed on November 8, 2010 an Urgent Motion to Examine Judgment Obligor, seeking to compel MFEPI officers to disclose corporate assets and income.
- RTC denied the motion (February 18, 2011; July 8, 2011 on reconsideration), ruling that:
- It lacked territorial jurisdiction to compel MFEPI officers residing in Makati; and
- Compelling examination would violate the doctrine of separate corporate personality.
- LSI’s petition for certiorari before the CA was dismissed (Decision July 18, 2013; Resolution March 31, 2014), prompting this Review on Certiorari.
Issues:
- Whether the RTC, as the court that rendered the final and executory judgment, may examine respondent’s officers for purposes of executing that judgment, notwithstanding Section 36, Rule 39 of the Rules of Court.
- Whether compelling the officers to appear for examination infringes on the doctrine of separate juridical personality or on territorial jurisdiction limitations.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)