Title
Lui Enterprises, Inc. vs. Zuellig Pharma Corp.
Case
G.R. No. 193494
Decision Date
Mar 7, 2014
Lui Enterprises and Zuellig Pharma disputed rent collection over leased land claimed by PBCom. Courts ruled against Lui for procedural lapses, dismissing appeal and denying default reversal. Attorney’s fees deleted.

Case Digest (G.R. No. 193494)
Expanded Legal Reasoning Model

Facts:

  • Lease and title dispute
    • On March 9, 1995, Lui Enterprises, Inc. (LEI) leased a parcel in Davao City to Zuellig Pharma Corporation (ZP) under TCT No. T-166476 in Eli L. Lui’s name.
    • On January 10, 2003, Philippine Bank of Communications (PBC) claimed ownership under TCT No. 336962 (derived from T-166476) and demanded rent payments.
  • Interpleader proceedings in Makati
    • ZP filed an interpleader complaint on May 7, 2003, consigned P604,024.35, and prayed that LEI and PBC litigate their claims; LEI moved to dismiss for lack of authority and litis pendentia.
    • LEI’s motion to dismiss was filed July 23, 2003, four days after the 15-day reglementary period (summons served July 4, 2003).
  • Default declaration and post-default motions
    • ZP and PBC moved to declare LEI in default; Makati RTC declared LEI in default on October 6, 2003; LEI did not timely seek reconsideration.
    • LEI filed multiple manifestations (status quo orders from Davao RTC dated April 1, 2004 and April 18, 2005) and on October 21, 2004 moved to set aside the order of default alleging counsel’s excusable negligence.
  • Trial court and appellate rulings
    • Makati RTC, in its July 4, 2006 decision, barred LEI’s claim due to default, awarded P6,681,327.30 to PBC, and P50,000 attorney’s fees to ZP.
    • CA dismissed LEI’s appeal on May 24, 2010 for non-compliance with Rule 44(13) requirements and affirmed the RTC in toto; denied reconsideration on August 13, 2010.
    • LEI filed a petition for review on certiorari with the SC.

Issues:

  • Did the CA err in dismissing LEI’s appeal for lack of required contents in the appellant’s brief?
  • Did the Makati RTC err in denying LEI’s motion to set aside the order of default?
  • Did the pending nullification of deed of dation in payment case in Davao bar the interpleader case in Makati (litis pendentia)?
  • Was ZP entitled to attorney’s fees?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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