Title
Banco de Oro-EPCI, Inc. vs. Daguna
Case
G.R. No. 178271
Decision Date
Oct 31, 2008
Respondent defaulted on PCIB loans, leading to foreclosure. Filed separate cases in Makati (damages) and Manila (annulment of mortgage). SC ruled no forum shopping; distinct causes of action, evidence, and venues.
A

Case Summary (G.R. No. 178271)

Factual Background

In 1996, PCI Bank, Inc. approved a credit line application for PDIC to fund a townhouse project in Sta. Ana, Manila, securing it with a real estate mortgage over the mother title of the project. However, PDIC defaulted on its obligations and later executed a Repayment Agreement, which still did not fulfill its repayment duties, prompting PCI Bank—now EPCIB following a merger—to initiate foreclosure proceedings.

Legal Proceedings Initiated by Respondent

PDIC filed a complaint on April 11, 2003, with the Makati RTC for "Cancellation of Mortgage, Restitution of Titles and Damages," which was later amended to seek "Release of Mortgage and Damages." The Makati RTC dismissed this amended complaint for lack of jurisdiction, leading PDIC to proceed with a complaint in Manila RTC for "Annulment of Mortgage and the Foreclosure Sale," which claimed various causes of action linked to the annulment due to vitiated consent.

Allegations of Forum Shopping

EPCIB contended that PDIC engaged in forum shopping due to the concurrent filings in the Makati and Manila RTCs. The Manila RTC denied the motion to dismiss filed by EPCIB, discerning that the actions in each court were based on different legal grounds; the Makati case concentrated on damages, while the Manila case focused on annulment.

Court's Ruling on Forum Shopping

The appellate court agreed with the Manila RTC’s findings and ruled against EPCIB’s allegations of forum shopping. It clarified that at the time PDIC filed its complaint in Manila, its action for damages was still pending consideration in Makati, thus not constituting an identity of causes of action. The court emphasized the distinction between the personal action for damages in Makati and the action in rem for annulment in Manila.

Distinct Causes of Action

The court further elaborated that although the complaints contained similar factual circumstances, they stemmed from distinct causes of action requiring different evidence to support them. The Manila RTC’s complaint sought annulment based on alleged irregularities in the foreclosure, while the Makati RTC complaint pursued damages resulting from EPCIB's refusal to release credit line funds as previously promised.

Final Decision

Ultimately,

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