G.R. No. 171842 - Dy vs. Mandy Commodities, Inc.

Petitioner Gloria S. Dy seeks to reverse the Court of Appeals' decision dismissing her appeal due to forum shopping.
The case originates from a lease agreement between the National Government and the Philippine National Bank (PNB) for a government-owned land parcel.
PNB sublet a portion of this land to Mandy Commodities Co., Inc. (respondent) for a period corresponding to PNB's lease with the government.

The original lease was for 25 years, starting on August 1, 1978, and set to expire on July 31, 2003, with a possibility of renewal.
Various memoranda from the Department of Environment and Natural Resources (DENR) regarding the renewal of the lease created confusion, with approvals and revocations occurring in 2002 and 2003.
Ultimately, the DENR withdrew the lease contract with PNB, leading to a repossession notice from the Land Management Bureau (LMB).

To prevent repossession, PNB filed a complaint for injunction in the Regional Trial Court (RTC) of Pasay, seeking a Temporary Restraining Order (TRO).
The RTC denied PNB's application for a TRO, leading to an appeal to the Court of Appeals, which later granted a TRO but was rendered moot as LMB had already taken possession of the property.

Petitioner Dy obtained a provisional permit from LMB and took possession of the property, prompting Mandy Commodities to file a complaint for damages and injunction.
The RTC ruled in favor of Mandy Commodities, allowing them to continue their business on the property despite the LMB's earlier actions.

Petitioner filed an Unlawful Detainer case against Mandy Commodities while the Forcible Entry case was still pending, leading to allegations of forum shopping.
The Court of Appeals dismissed Dy's appeal, citing forum shopping and lack of merit, as both cases involved the same parties and issues regarding possession.

Forum shopping is defined as the practice of seeking relief from multiple courts to increase the chances of a favorable outcome.
The rules against forum shopping are strict, and violations can lead to dismissal of cases, as outlined in the Rules of Court.

The determination of forum shopping involves assessing the identity of parties, rights asserted, and the potential for conflicting judgments.
In this case, the elements of forum shopping were present, as both cases involved the same parties and the same issue of possession.

The Court of Appeals found that Mandy Commodities had prior possession of the property and was acting within its rights...continue reading