Case Digest (G.R. No. 211833)
Facts:
Perla S. Zulueta v. Asia Brewery, Inc., G.R. No. 138137, March 08, 2001, Supreme Court Third Division, Panganiban, J., writing for the Court.Petitioner Perla Zulueta was a dealer and operator of an outlet selling Asia Brewery, Inc. products under a Dealership Agreement. On March 30, 1992, petitioner filed before the Regional Trial Court (RTC), Iloilo, Branch 22, Civil Case No. 20341 (the "Iloilo case") for Breach of Contract, Specific Performance and Damages, challenging respondent’s conduct under the Dealership Agreement.
While the Iloilo case was pending, respondent filed on July 7, 1994 a separate action in the Makati RTC, Branch 66, Civil Case No. 94-2110 (the "Makati case"), for collection of P463,107.75 allegedly due for beer deliveries. Petitioner moved to dismiss the Makati case for having split the cause of action and for violating the rule against multiplicity of suits; Judge Eriberto U. Rosario denied that motion but subsequently inhibited. The Makati case was raffled to RTC, Makati, Branch 142, Judge Jose Parentala Jr.
On January 3, 1997 petitioner moved to consolidate the Makati case with the earlier-filed Iloilo case; Judge Parentala ordered consolidation on February 13, 1997 and denied respondent’s motion for reconsideration on May 19, 1997. Respondent filed a Petition for Certiorari with the Court of Appeals (CA) on August 18/21, 1997 (record reflects filing dates in the record), challenging the Makati RTC’s February 13 and May 19, 1997 orders; the CA, in an August 4, 1998 decision, annulled and set aside the Makati RTC orders to consolidate.
Petitioner then filed a Petition for Review on Certiorari under Rule 45 in the Supreme Court, assailing the CA’s decision and the CA’s February 23, 1999 resolution denyin...(Subscriber-Only)
Issues:
- Was the Court of Appeals' acceptance and disposition of respondent’s petition proper given the timeliness and procedural defects (i.e., filing period under the 1997 Rules, certification against forum-shopping, and mode of service)?
- On the merits, was the consolidation of Makati Civil Case No. 94-2110 with Iloilo Civil Case No. 20341 by the Makati RTC, Branch 142, proper because the two cases inv...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)