Case Summary (G.R. No. 135803)
Applicable Law
The decisions made are based on the 1964 Rules of Civil Procedure, as the incidents occurred before the effective date of the 1997 Rules of Civil Procedure.
Filing of the Complaint
On February 3, 1997, a complaint was filed by the spouses Miranda on behalf of Macamir Realty against Jovenir Construction and its officials, alleging misrepresentation. Petitioners' alleged misrepresentation led to the termination of the agreements concerning the construction of the condo project.
Motion to Dismiss
Following the filing of the complaint, two defendants filed motions to dismiss, questioning the authority of the spouses Miranda to act on behalf of Macamir Realty due to the absence of a Board Resolution authorizing the legal action. This issue was compounded by the fact that the defendant Salud Madeja, who was part of Macamir Realty's Board, asserted that the spouses lacked this authority.
Motion to Withdraw Complaint
On February 13, 1997, the private respondents filed a Motion to Withdraw Complaint, indicating a technical defect that could potentially lead to dismissal. They requested to withdraw the initial complaint without prejudice. The petitioners opposed this motion, citing the ongoing nature of the first complaint.
Subsequent Filing of Second Complaint
On February 17, 1997, the private respondents filed a second complaint, this time including a Board Resolution that authorized the spouses Miranda to file the complaint. This new complaint was against the same defendants except Madeja, and sought similar remedies as the first complaint.
Court's Granting of Motion to Withdraw
On February 24, 1997, the Regional Trial Court of Makati granted the Motion to Withdraw Complaint, affirming that the plaintiffs had the right to dismiss their action without requiring court approval prior to the service of an answer by the defendants.
Forum-Shopping Allegations
After the first complaint had theoretically been dismissed, the petitioners alleged violation of procedural rules against forum-shopping, as the second complaint was filed while the first was still technically pending. The RTC dismissed the motion to dismiss on these grounds, determining that the first complaint was properly withdrawn.
Appeals and Final Decision
The Court of Appeals upheld the RTC's decision. The petitioners contested the legality of the withdrawal process, arguing that the Motion to Withdraw required court approval rather than being a unilateral action by the plaintiff. However, the ruling emphasized that pursuant to the 1964 Rules of Civil
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Case Background
- The case involves a petition filed by O.B. Jovenir Construction and Development Corporation and its officials against Macamir Realty and Development Corporation along with the spouses Rosauro and Gloria Miranda.
- The case originated from a complaint filed on February 3, 1997, before the Regional Trial Court (RTC) of Makati City, docketed as Civil Case No. 97-256.
- The plaintiffs, Macamir Realty and the spouses Miranda, sought the annulment of agreements with the petitioners and claimed damages due to alleged misrepresentation by Jovenir Construction regarding its legitimacy as a contractor for a condominium project.
Initial Proceedings
- The complaint alleged that the spouses Miranda were the President and principal stockholder of Macamir Realty, while Rosauro owned the properties on which the condominium was being constructed.
- Following the filing of the complaint, a hearing was conducted on February 6, 1997, regarding a writ of preliminary injunction.
- On February 6, 1997, Salud Madeja, one of the defendants, filed a motion to dismiss the complaint, citing the lack of a Board Resolution authorizing the spouses Miranda to sue on behalf of Macamir Realty.
Motion to Withdraw Complaint
- On February 13, 1997, the plaintiffs filed a Motion to Withdraw Complaint, stating a technical defect in the initial complaint as a reason for withdrawal.
- Petitioners opposed