Title
Silverio Jr. vs. Filipino Business Consultants, Inc.
Case
G.R. No. 143312
Decision Date
Aug 12, 2005
Dispute over 62-hectare Calatagan land; FBCI claimed ownership via share acquisition, but SC ruled Esses/Tri-Star retained possession, nullifying FBCI's claims.

Case Digest (G.R. No. 159786)
Expanded Legal Reasoning Model

Facts:

  • Background of the Dispute
    • Parties and Property
      • Petitioners: Ricardo S. Silverio, Jr. (President), Esses Development Corp. and Tri-Star Farms, Inc.
      • Respondent: Filipino Business Consultants, Inc. (FBCI; now Filipino Vastland Co., Inc.)
      • Subject: 62-hectare “Calatagan Property” in Batangas, Titular Certificates T-55200 (Esses/Tri-Star) and later T-77656 (FBCI)
    • Deed of Sale and Default
      • 22 September 1995 – Esses and Tri-Star sold property to FBCI with assumption of mortgage
      • Failure to redeem led FBCI to file consolidation petition on 27 May 1997
  • RTC Balayan Proceedings
    • Default Judgment and Writ of Possession
      • FBCI obtained default judgment; TCT in petitioners’ names canceled; new title issued to FBCI
      • 20 April 1998 – writ of possession issued; FBCI took over the land
    • Relief from Judgment and Restitution
      • Petitioners moved to set aside default for fraudulent service; 28 December 1998 – RTC nullified judgment and writ
      • Subsequent RTC orders (April–November 1999) restored possession to petitioners under Rule 39, §5
  • Attempt to Enforce and Suspension of Writ
    • 8 May 2000 – RTC issued writ of possession to petitioners; FBCI filed motions to recall/suspend execution
    • 26 May 2000 – ex parte motion by FBCI claiming a supervening event (acquisition of controlling shares in Esses/Tri-Star); RTC Balayan suspended writ
    • 15–17 June 2000 – RTC Balayan scheduled and then canceled hearings on supervening event to await higher-court action, but lifted suspension effective 17 June 2000

Issues:

  • Procedural Questions
    • Is an appeal under Rule 45 proper to assail an order suspending a writ of possession, or must one resort to certiorari (Rule 65)?
    • Did the RTC Balayan’s 15 June 2000 Order render the controversy moot and academic?
    • Does petitioners’ filing of a separate annulment-of-contract case in Las Piñas constitute forum shopping?
  • Substantive Questions
    • Did the RTC Balayan exceed its authority in suspending the writ of possession and holding hearings on a claimed supervening event?
    • Did FBCI’s acquisition of controlling shares in Esses and Tri-Star qualify as a supervening event justifying suspension of the writ?
    • Is the dispute over share acquisition an intra-corporate controversy beyond the RTC’s jurisdiction?
    • Has res judicata or due process precluded the RTC from revisiting these issues?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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