Title
Madara vs. Perello
Case
G.R. No. 172449
Decision Date
Aug 20, 2008
Two PIRC factions disputed corporate control; petitioners misrepresented authority, committed forum shopping, and were held liable despite procedural claims.
A

Case Digest (G.R. No. 172449)

Facts:

Provident International Resources Corporation (PIRC) became the subject of two consolidated RTC cases filed by persons styling themselves as PIRC officers/directors (Civil Cases Nos. 02-228 and 02-238), one group (the petitioners Lazaro Madara, Alfredo D. Roa III, and Joaquin T. Venus) claiming election as directors and officers and seeking PAGCOR lease rentals; a second, opposing group (the private respondents including Edward T. Marcelo and others) asserted that the petitioners were fraudulent interlopers and that the respondents were the bona fide directors and officers. After trial, the RTC in favor of the intervenors-defendants held that the private respondents were the true PIRC officers/directors, found the petitioners to be non-PIRC stockholders, ordered return of wrongfully remitted lease rentals, dismissed the complaint, and awarded damages and attorney’s fees.

The petitioners appealed by Notice of Appeal, later sought relief with a Petition for Relief from Judgment, and subsequently filed multiple Rule 65 certiorari petitions before the Court of Appeals—CA-G.R. SP No. 90821 (assailing the RTC decision and execution-related orders) and later CA-G.R. SP No. 91950 (assailing the RTC’s denial of their motion for reconsideration). The Court of Appeals dismissed CA-G.R. SP No. 90821 for lack of merit and for forum shopping, holding that petitioners were parties who had voluntarily submitted to the RTC and that their successive filings sought the same relief.

Issues:

  • Whether the Court of Appeals erred in holding that the petitioners were personally liable despite their claim that they were not parties to the RTC cases.
  • Whether the Court of Appeals erred in finding the petitioners guilty of forum shopping.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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