Case Digest (G.R. No. L-21438)
Facts:
In Aida Padilla v. Globe Asiatique Realty Holdings Corp., et al. (G.R. No. 207376, August 6, 2014), petitioner Aida Padilla, Senior Vice-President of PNB’s Remedial Management Group, filed a petition for review under Rule 45 assailing two orders of the Regional Trial Court (RTC) of Pasig City, Branch 155. In Civil Case No. 73132, respondents Globe Asiatique Realty Holdings Corporation and Filmal Realty Corporation, represented by Delfin S. Lee and Dexter L. Lee, sued Judge Pedro De Leon Gutierrez and Aida Padilla personally for damages, alleging malice and bad faith in executing a perjured affidavit that led to a writ of preliminary attachment in PNB’s recovery suit (Civil Case No. R-PSY-10-04228-CV) before the RTC of Pasay City, Branch 119. The underlying Pasay case arose from several Contracts to Sell backed by Deeds of Assignment executed by the two corporations in favor of PNB, securing up to P1.395 billion in facility availments. After respondents defaulted in 2010, PNB disCase Digest (G.R. No. L-21438)
Facts:
- CTS Facility Agreements and Deeds of Assignment
- From 2005 to 2008, Philippine National Bank (PNB) entered into Contracts to Sell (CTS) Facility Agreements with Globe Asiatique Realty Holdings Corporation and Filmal Realty Corporation, represented by Delfin S. Lee and Dexter L. Lee, to finance subdivision house receivables. Initial facility of ₱200 million was increased to ₱1.2 billion.
- As collateral, respondents executed Deeds of Assignment over receivables totaling ₱1,195,926,390.72 in consideration of releases totaling ₱1,395,665,564.69.
- Default and Pasay RTC Proceedings
- In early 2010, respondents defaulted on payments and failed to deliver titles; PNB declared default and demanded ₱974,377,159.10. An investigation revealed 231 of 240 Contracts to Sell were fictitious or defective.
- PNB filed Civil Case No. R-PSY-10-04228-CV in the RTC of Pasay City for recovery of money and damages, praying for a writ of preliminary attachment. The court granted the attachment (Aug. 25–27, 2010).
- Defendants filed answers with compulsory counterclaims and motions to dismiss and to discharge attachment; the RTC denied these motions (Apr. 29, 2011) and set hearings on summary judgment and other motions.
- Pasig RTC Damage Suit
- On August 10, 2011, Globe Asiatique, Filmal and the Lees sued Judge Pedro De Leon Gutierrez and Aida Padilla in RTC of Pasig City (Civil Case No. 73132) for moral, exemplary and litigation damages, alleging malicious prosecution, perjured affidavit and insufficient bond.
- Judge Gutierrez moved to dismiss for lack of cause and jurisdiction; Padilla answered with compulsory counterclaims and raised forum shopping, litis pendentia, and failure to state a claim.
- RTC of Pasig City dismissed the complaint for lack of jurisdiction (Apr. 2, 2012), denied Padilla’s motion to set counterclaims for pre-trial (Nov. 12, 2012), and denied reconsideration (May 8, 2013).
- Supreme Court Petition
- Padilla filed a Rule 45 petition for review on certiorari, raising whether a court may entertain a compulsory counterclaim when the corresponding complaint was dismissed for lack of jurisdiction.
Issues:
- Whether the dismissal of the plaintiffs’ complaint for lack of jurisdiction in the Pasig RTC automatically precludes the court from hearing a compulsory counterclaim pleaded by the defendant.
- Whether Aida Padilla’s resort to a Rule 45 petition was the proper mode of review.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)