Professional Documents
Culture Documents
147593 July right to bargain collectively and otherwise deal with each other in an
31, 2006 atmosphere of freedom and mutual respect; and disrupt industrial
peace and hinder the promotion of healthy and stable labor-
Facts: management relations. As the conscience of the government, it is
the Court's sworn duty to ensure that none trifles with labor rights.
Petitioner, member of the Association of Sweepstakes
Staff Personnel and Supervisors (CUGCO), was administratively Jurisdictions; Court of Industrial Relations; Previously, the Court of
charged before the Civil Service Commission with violation of Civil Industrial Relations (CIR) had no jurisdiction over claims for
Service Law and Rules for neglect of duty and misconduct and/or damages; But in Rheem of the Philippines, Inc., et al. v. Ferrer, et
conduct prejudicial to the interest of the service. He was found guilty al., 19 SCRA 130 (1967), Court upholds the jurisdiction of the CIR
and disnmissed. Petitioner filed a motion for reconsideration of the over claims for damages incidental to an employee’s illegal dismis-
decision of the Civil Service Commission. At the same time, sal.—The prevailing rule at the time that the action for unfair labor
petitioner, together with ASSPS (CUGCO), filed with the CIR a practice and illegal dismissal was filed and tried before the CIR was
complaint for unfair labor practice against respondent PCSO and its that said court had no jurisdiction over claims for damages. Hence,
officers. CIR found respondent PCSO guilty of unfair labor practice petitioner, at that time, could not raise the issue of damages in the
for having committed discrimination against the union and for having proceedings. However, on January 27, 1967, the Supreme Court
dismissed petitioner due to his union activities. rendered its ruling in Rheem of the Philippines, Inc., et al. v. Ferrer,
et al., 19 SCRA 130 (1967), upholding the jurisdiction of the CIR
Respondent PCSO complied with the decision of the CIR.
over claims for damages incidental to an employee’s illegal
But while it reinstated petitioner to his former position and paid his
dismissal. Petitioner properly filed his claim for damages after the
backwages, it also filed with the Supreme Court a petition for review
declaration by the Court and before the ruling on their case became
on certiorari. During its pendency, petitioner filed with the CIR a
final. Such filing could not be considered as splitting of cause of
"Petition for Damages." He prayed for moral and exemplary
action..
damages, citing the following grounds: (1) the CIR has no
jurisdiction to award moral and exemplary damages; (2) the cause
of action is barred by prior judgment, it appearing that two
complaints are brought for different parts of a single cause of action; ERNESTO C. DEL ROSARIO and DAVAO TIMBER
and (3) the petition states no valid cause of action. LA and NLRC's CORPORATION v. FAR EAST BANK & DEVELOPMENT
decision favored petitioner, but CA reversed it, holding that there COMPANY and PRIVATE DEVELOPMENT CORPORATION OF
was no basis for the grant of moral and exemplary damages to THE PHILIPPINES
petitioner as his dismissal was not tainted with bad faith. It was the
Civil Service Commission that recommended petitioner's dismissal 537 SCRA 571 (2007), SECOND DIVISION
after conducting an investigation. It also held that the petition
Petitioner Davao Timber Corporation (Davao Timber) and
claiming moral and exemplary damages filed by petitioner after
respondent Private Development Corporation of the Philippines
respondent PCSO had complied with the CIR decision of
(Private Development) entered into a loan agreement under which
reinstatement and backwages amounted to splitting of cause of
Private Development extended to Davao Timber a
action.
foreign currency loan and a peso loan. The loans were secured by
real estate mortgages over six parcels of land, one of which
was registered in the name of petitioner Ernesto C. Del Rosario
Issue: Whether or not the CIR has jurisdiction to award moral and (Rosario). The loan left Petitioners Davao Timber and Rosario with
exemplary damages arising out of illegal dismissal and unfair labor a substantial amount of outstanding balance from the
practice. aforementioned loans. Petitioners Davao Timber and Rosario then
filed a complaint against Private Development for violation of Usury
Law, annulment of contract and damages This Court
ordered Davao Timber and Rosario to pay Php 1.4 Million to Private
Ruling:
Development. It must also be noted that pending
A dismissed employee is entitled to moral damages when the decision rendered by the Supreme Court, Private Development
the dismissal is attended by bad faith or fraud or constitutes an act assigned its rights over the receivables from Davao Timber and
oppressive to labor, or is done in a manner contrary to good morals, Rosario. Thereafter, Davao Timber and Rosario entered into a
good customs or public policy. Exemplary damages may be Memorandum of Agreement with Far East agreeing to pay and
awarded if the dismissal is effected in a wanton, oppressive or actually paid Far East.
malevolent manner. It appears from the facts that petitioner was
Thus, Davao Timber and Rosario filed a complaint (first complaint)
deliberately dismissed from the service by reason of his active
before the Regional Trial Court of Makati (RTC) for the recovery of
involvement in the activities of the union groups of both the rank and
the excess payment made from Private Development and Far East.
file and the supervisory employees of PCSO, which unions he
RTC ordered Private Development to pay Davao Timber and
himself organized and headed. Respondent PCSO first charged
Rosario while the complaint against Far East was dismissed for lack
petitioner before the Civil Service Commission for alleged neglect of
of cause of action. On appeal, the CA held that despite the
duty and conduct prejudicial to the service because of his union
excess payment of Php 5 Million, only the amount of P965,000 from
activities. The Civil Service Commission recommended the
Far East may be recovered by Davao Timber as claimed by it in the
dismissal of petitioner. Respondent PCSO immediately served on
complaint. Such decision was affirmed by this Court.
petitioner a letter of dismissal even before the latter could move for
a reconsideration of the decision of the Civil Service Commission. Davao Timber and Rosario then filed a complaint (second
Respondent PCSO may not impute to the Civil Service Commission complaint) against Far East for the recovery of the balance of the
the responsibility for petitioner's illegal dismissal as it was excess payment in the amount of Php 4.335 Million before the
respondent PCSO that first filed the administrative charge against Regional Trial Court of Makati. The trial court dismissed the
him. As found by the CIR, petitioner's dismissal constituted unfair complaint on the basis of res judicata and splitting of the cause of
labor practice. It was done to interfere with, restrain or coerce action. The trial court also held that the decision in the first
employees in the exercise of their right to self-organization. complaint had already become final and executory and that the
Notice of Satisfaction of Judgment was already filed by the parties.
Unfair labor practices violate the constitutional rights of
workers and employees to self-organization, are inimical to the ISSUE:
legitimate interests of both labor and management, including their
Whether or not the complaint is dismissible on the ground of res herein petitioners are doing, escape the operation of the principle
judicata and splitting of the case that one and the same cause of action shall not be twice litigated. In
fact, authorities tend to widen rather than restrict the doctrine of res
HELD: judicata on the ground that public as well as private interest
demands the ending of suits by requiring the parties to sue once
Section 49(b) enunciates the first rule of res judicata known as
and for all in the same case all the special proceedings and
“bar by prior judgment” or “estoppel by judgment,” which makes the
remedies to which they are entitled.
judgment rendered in the first case an absolute bar to the
subsequent action since that judgment is conclusive not only as to Same; Same; Same; Same; Section 2, Rule 2 of the Rules of Court
the matters offered and received to sustain it but also as to any other proscribes a party from dividing a single or indivisible cause of
matter which might have been offered for that purpose and which action into several parts or claims and instituting two or more actions
could have been adjudged therein. The second rule of res based on it—the plaintiff cannot divide the grounds for recovery and
judicata embodied in Section 47(c), Rule 39 is “conclusiveness of he cannot be permitted to rely upon them by piecemeal in
judgment”. It refers to a situation where the judgment in the prior successive actions to recover for the same wrong or injury.—This
action operates as an estoppel only as to the matters actually rule proscribes a party from dividing a single or indivisible cause of
determined or which were necessarily included therein. action into several parts or claims and instituting two or more actions
based on it. Because the plaintiff cannot divide the grounds for
The case at bar satisfies the four essential requisites of “bar by prior
recovery, he is mandated to set forth in his first action every ground
judgment,” viz: (a) finality of the former judgment, (b) the court which
for relief which he claims to exist and upon which he relies; he
rendered it had jurisdiction over the subject matter and the parties,
cannot be permitted to rely upon them by piecemeal in successive
(c) it must be a judgment on the merits, and (d) there must be,
actions to recover for the same wrong or injury.
between the first and second actions, identity of parties, subject
matter and causes of action. Same; Same; Same; Re-litigation of matters already settled by a
court’s final judgment merely burdens the courts and the taxpayers,
There is no doubt that the judgment on appeal relative to the first
creates uneasiness and confusion, and wastes valuable time and
complaint was a final judgment. Not only did it dispose of the case
energy that could be devoted to worthier cases.—Petitioners are
on the merits; it also became executory as a consequence of
sternly reminded that both the rules on res judicata and splitting of
the denial of Far East‘s motion for reconsideration and appeal.
causes of action are based on the salutary public policy against
Neither is there room to doubt that the judgment in the first complaint
unnecessary multiplicity of suits—interest reipublicae ut sit finis
was on the merits for it determined the rights and liabilities of the
litium. Re-litigation of matters already settled by a court’s final
parties.
judgment merely burdens the courts and the taxpayers, creates
Right or wrong, judgment bars another case based upon the same uneasi ness and confusion, and wastes valuable time and energy
cause of action if the same facts or evidence would sustain both, that could be devoted to worthier cases.
the two actions are considered the same within the rule that the PROGRESSIVE DEVELOPMENT CORPORATION, INC., Petitioner, v.
judgment in the former is a bar to the subsequent action. In the two COURT OF APPEALS and WESTIN SEAFOOD MARKET,
cases, Davao Timber and Rosario imputed to Far East the same INC., Respondents.
alleged wrongful act of mistakenly receiving and refusing to return
an amount in excess of what was due it in violation of their right to DECISION
a refund. The same facts and evidence presented in the first
complaint were the very same facts and evidence that petitioners
BELLOSILLO, J.:
presented in the second complaint.
On 9 December 1992 Judge Loja inhibited himself from trying the case and Petitioner, aggrieved by the decision of the appellate court, filed the instant
directed its transfer to Branch 34 presided over by Judge Joselito SD petition for review on certiorari under Rule 45 of the Rules of Court alleging
Generoso. Soon after, petitioner filed an urgent motion for the inhibition of that it erred in (a) finding that petitioner failed to avail of its plain, speedy
Judge Generoso and the immediate reraffle of the case arguing that the and adequate remedy of a prior motion for reconsideration with the RTC;
summary transfer of the case to Judge Generoso was irregular as it was (b) ruling that the trial judge did not act with grave abuse of discretion in
not done by raffle. taking cognizance of the action for damages and injunction despite the
pendency of the forcible entry case with the MeTC; and, (c) ruling that
The motion was granted and the case went to Branch 36 presided over by private respondent did not commit forum shopping since the causes of
Judge Francisco D. Villanueva. Thereafter, On 22 December 1992, at the action before the RTC and MeTC were not identical with each other.
continuation of the hearing on the issuance of a writ preliminary mandatory
injunction, the parties agreed, among others, on the following: (a) private There is merit in the petition. While generally a motion for reconsideration
respondent would deposit with the Philippine Commercial and Industrial must first be filed before resorting to certiorari in order to give the lower
Bank in the name of the Metropolitan Trial Court, Branch 36, the amount of court an opportunity to correct the errors imputed to it 8 this rule admits of
P8,000,000.00 to guarantee the payment of its back rentals; (b) petitioner exceptions and is not intended to be applied without considering the
would defer the sale of the personal properties of the Westin Seafood circumstances of the case. 9 The filing of the motion for reconsideration
Market, Inc., until a final settlement of the case had been arrived at; (c) before availing of the remedy of certiorari is not sine qua non when the
petitioner shall allow private respondent to retrieve all the perishable goods issue raised is one purely of law, 10 or where the error is patent or the
from inside the leased premises like frozen meat, vegetables and fish, all disputed order is void, 11 or the questions raised on certiorari are the same
properly receipted for; (d) petitioner shall allow three (3) maintenance as those already squarely presented to and passed upon by the lower
personnel of private respondent to enter the premises at reasonable court.
working hours to maintain the restaurant equipment; and (e) the parties
shall negotiate for the restoration of the premises to private respondent, In its motion for dismissal of the action for damages with the RTC petitioner
raised the ground that another action for forcible entry was pending at the 3.02 Plaintiff, being the lessee of the Subject Premises, is entitled to the
MeTC between the same parties involving the same matter and cause of peaceful occupation and enjoyment of the Subject Premises to the
action. Outrightly rejected by the RTC, the same issue was elevated by exclusion of all others, including defendants herein.
petitioner on certiorari before the Court of Appeals. Clearly, under the
prevailing circumstance, any motion for reconsideration of the trial court 3.03 Defendants’ resort to strong arms tactics to forcibly wrest possession
would have been a pointless exercise. 12 of the Subject Premises from plaintiff and maintain possession thereof
through the use of force, threat, strategy and intimidation by the use of
We now turn to the issue of whether an action for damages filed with the superior number of men and arms amounts to the taking of the law into
Regional Trial Court by the lessee against the lessor should be dismissed their own hands.
on the ground of pendency of another action for forcible entry and
damages earlier filed by the same lessee against the same lessor before 3.04 Thus, defendants’ act of unlawfully evicting out plaintiff from the
the Metropolitan Trial Court. Subject Premises it is leasing from defendant PDC and depriving it of
possession thereof through the use of force, threat, strategy and
Section 1 of Rule 70 of the Rules of Court provides that any person intimidation should be condemned and declared illegal for being contrary to
deprived of the possession of any land or building by force, intimidation, public order and policy.
threat, strategy or stealth, or against whom the possession of any land or
building is unlawfully withheld, may bring an action in the proper Municipal 3.05 Consequently, defendants should be enjoined from continuing with
Trial Court against the person or persons unlawfully withholding or their illegal acts and be ordered to vacate the Subject Premises and
depriving of possession, together with damages and costs. The mandate restore possession thereof, together with its contents, to plaintiff.
under this rule is categorical: that all cases for forcible entry or unlawful
detainer shall be filed before the Municipal Trial Court which shall include x x x
not only the plea for restoration of possession but also all claims for
damages and costs arising therefrom. Otherwise expressed, no claim for
damages arising out of forcible entry or unlawful detainer may be filed 4.07 Considering that defendants’ act of forcibly grabbing possession of
separately and independently of the claim for restoration of possession. the Subject Premises from plaintiff is illegal and null and void, defendant
should be adjudged liable to plaintiff for all the aforedescribed damages
This is consistent with the principle laid down in Sec. 1, par (e), of Rule 16 which plaintiff incurred as a result thereof.
of the Rules of Court which states that the pendency of another action
between the same parties for the same cause is a ground for dismissal of The amended complaint for damages filed by private respondent alleges
an action. Res adjudicata requires that there must be between the action basically the same factual circumstances and issues as bases for the relief
sought to be dismissed and the other action the following elements: (a) prayed for, to wit:chanrob1es virtual 1aw library
identity of parties or at least such as representing the same interest in both
actions; (b) identity of rights asserted and relief prayed for, the relief being 4. On May 28,1991, plaintiff and defendant PDC entered into a Contract of
founded on the same facts; and, (c) the identity in the two (2) preceding Lease for a period of ten years or from January 2, 1989 up to April 30,
particulars should be such that any judgment which may be rendered on 1998 over a property designated as Ground Floor, Seafood Market
the other action will, regardless of which party is successful, amount to res (hereinafter referred to as Subject Premises) situated at the corner of
adjudicata in the action under consideration. 13 EDSA corner McArthur Street, Araneta Center, Cubao, Quezon City. A
copy of the lease contract is attached hereto as Annex "A" .
It is likewise basic under Sec. 3 of Rule 2 of the Revised Rules of Court, as
amended, that a party may not institute more than one suit for a single 5. Immediately thereafter, plaintiff took over actual physical possession of
cause of action. Under Sec. 4 of the same Rule, if two or more suits are Subject Premises, and established thereon the now famous "Seafood
instituted on the basis of the same cause of action, the filing of one or a Market Restaurant."cralaw virtua1aw library
judgment upon the merits in any one is available as a ground for the
dismissal of the other or others. "Cause of action" is defined by Sec. 2 of
Rule 2 as the act of omission by which a party violates a right of another. x x x
14 These premises obtaining, there is no question at all that private
respondent’s cause of action in the forcible entry case and in the suit for
damages is the alleged illegal retaking of possession of the leased 7. On October 31, 1992 at around 8:30 p.m., defendant PDC, without the
premises by the lessor, petitioner herein, from which all legal reliefs arise. benefit of any writ of possession or any lawful court order and with the aid
Simply stated, the restoration of possession and demand for actual of approximately forty (40) armed security guards and policemen under the
damages in the case before the MeTC and the demand for damages with supervision of defendant Tejam, forcibly entered the subject premises
the RTC both arise from the same cause of action, i.e., the forcible entry by through force, intimidation, threats and stealth and relying on brute force
petitioner into the leased premises. and in a thunderboltish manner and against plaintiff’s will, unceremoniously
drew away all of plaintiff’s men out of the subject premises, thereby
A comparative study of the two (2) complaints filed by private respondent depriving herein plaintiff of its actual, physical and natural possession of
against petitioner before the two (2) trial courts shows that not only are the the subject premises. The illegal, high-handed manner and gestapo like
elements of res adjudicata present, at least insofar as the claim for actual take-over by defendants of subject premises is more particularly described
and compensatory damages is concerned, but also that the claim for as follows: . . .
damages — moral and exemplary in addition to actual and compensatory
— constitutes splitting a single cause of action. Since this runs counter to 8. To date, defendants continue to illegally possess and hold the Subject
the rule against multiplicity of suits, the dismissal of the second action Premises, including all the multi-million improvements, fixtures and
becomes imperative.chanroblesvirtual|awlibrary equipment therein owned by plaintiff, all to the damage and prejudice of
plaintiff. The actuations of defendants constitute an unlawful appropriation.,
The complaint for forcible entry contains the following pertinent allegations seizure and taking of property against the will and consent of plaintiff.
— Worse, defendants are threatening to sell at public auction and without the
consent of plaintiff and without lawful authority, the multi-million fixtures
2.01 On 02 January 1989, plaintiff entered into a contract of lease with and equipment of plaintiff and at prices way below the market value
defendant PDC over a property designated as Ground Floor, Seafood thereof. Plaintiff hereby attaches as Annex "B" the letter from defendants
Market (hereinafter "Subject Premises") situated at the corner of EDSA dated August 6, 1993 addressed to plaintiff, informing the latter that the
corner MacArthur Street, Araneta Center, Cubao, Quezon City, for a period former intends to sell at an auction on August 19, 1993 at 2:00 p.m.
of ten (10) years from 02 January 1989 to 30 April 1998. properties of the plaintiff presently in defendants’ possession.
FACTS:
Domingo vs. Carague 456 SCRA 450 , April 15, 2005 The petitioners, all minors, sought the help of the Supreme Court to
order the respondent, then Secretary of DENR, to cancel all existing
FACTS: Timber License Agreement (TLA) in the country and to cease and
desist from receiving, accepting, processing, renewing or approving
This case was a petition for certiorari is the legality of a new TLAs. They alleged that the massive commercial logging in the
resolution No. of the Commission on Audit (COA) providing for country is causing vast abuses on rain-forest.They further asserted
Organizational Restructuring Plan. The petitioners alleged therein that the rights of their generation and the rights of the generations
that this Plan is intrinsically void for want of an enabling law which yet unborn to a balanced and healthful ecology. Plaintiffs further
gives that COA to undertake the same and providing for the assert that the adverse and detrimental consequences of continued
necessary standards, conditions, restrictions, limitations, and deforestation are so capable of unquestionable demonstration
guidelines, and parameters. Petitioners further alleged COA that the same may be submitted as a matter of judicial notice. This
committed grave abuse of discretion amounting to lack or excess of notwithstanding, they expressed their intention to present expert
jurisdiction. Respondents, through the Office of the Solicitor General witnesses as well as documentary, photographic and film evidence
(OSG), countered that petitioners have no legal standing to file the in the course of the trial.
present petition since they have not shown "a personal stake in the
outcome of the case" or an actual or potential injury that can be ISSUE:
redressed by our favorable decision. In essence, it is alleged that
the petitioners are not a party in interest, but the petitioners claim Whether or not the petitioners have a locus standi.
otherwise by reason that the matter is of public concern. The said HELD:
Organizational Restructuring Plan is not just a mere reorganization
but a revamp or overhaul of the COA, with a "spillover effect" upon The SC decided in the affirmative. Locus standi means the right of
its audit performance. This will have an impact upon the rest of the the litigant to act or to be heard.Under Section 16, Article II of the
government bodies subject to its audit supervision, thus, should be 1987 constitution, it states that: The state shall protect and advance
treated as a matter of transcendental importance. the right of the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature. Petitioners, minors assert
ISSUE: Whether petitioners have the legal standing to institute that they represent their generation as well as generation yet
the instant petition.
unborn. We find no difficulty in ruling that they can, for themselves,
for others of their generation and for the succeeding generations, Same; Same; The right to a balanced and healthful ecology carries
file a class suit. Their personality to sue in behalf of the succeeding with it the correlative duty to refrain from impairing the
generations can only be based on the concept of intergenerational environment.—The right to a balanced and healthful ecology carries
responsibility insofar as the right to a balanced and healthful ecology with it the correlative duty to refrain from impairing the environment.
is concerned. Such a right, as hereinafter expounded considers the
“rhythm and harmony of nature”. Nature means the created world in Same; Same; The right of the petitioners to a balanced and healthful
its entirety. Such rhythm and harmony indispensably include, inter ecology is as clear as the DENR’s duty to protect and advance the
alia, the judicious disposition, utilization, management, renewal and said right.—Thus, the right of the petitioners (and all those they
conservation of the country’s forest, mineral, land, waters fisheries, represent) to a balanced and healthful ecology is as clear as the
wildlife, off- shore areas and other natural resources to the end that DENR’s duty—under its mandate and by virtue of its powers and
their exploration, development and utilization be equitably functions under E.O. No. 192 and the Administrative Code of
accessible to the present as well as future generations. Needless to 1987—to protect and advance the said right.
say, every generation has a responsibility to the next to preserve
Same; Political Question; The political question doctrine is no
that rhythm and harmony for the full enjoyment of a balanced and
longer the insurmountable obstacle to the exercise of judicial power
healthful ecology. Put a little differently, the minor’s assertion of their
or the impenetrable shield that protects executive and legislative
right to a sound environment constitutes, at the same time, the
actions from judicial inquiry or review.—The foregoing considered,
performance of their obligation to ensure the protection of that right
Civil Case No. 90-777 cannot be said to raise a political question.
for the generations to come. This landmark case has been ruled as
Policy formulation or determination by the executive or legislative
a class suit because the subject matter of the complaint is of
branches of Government is not squarely put in issue. What is
common and general interest, not just for several but for ALL
principally involved is the enforcement of a right vis-a-vis policies
CITIZENS OF THE PHILIPPINES.
already formulated and expressed in legislation. It must,
Remedial Law; Actions; Class Suit; The subject matter of the nonetheless, be emphasized that the political question doctrine is
complaint is of common and general interest not just to several, but no longer the insurmountable obstacle to the exercise of judicial
to all citizens of the Philippines; All the requisites for the filing of a power or the impenetrable shield that protects executive and
valid class suit under Section 12 Rule 3 of the Revised Rules of legislative actions from judicial inquiry or review.
Court are present.—Petitioners instituted Civil Case No. 90-777 as
Same; Contracts; Non-impairment Clause; A timber license is not a
a class suit. The original defendant and the present respondents did
contract, property or a property right protected by the due process
not take issue with this matter. Nevertheless, We hereby rule that
clause of the Constitution.—Needless to say, all licenses may thus
the said civil case is indeed a class suit. The subject matter of the
be revoked or rescinded by executive action. It is not a contract,
complaint is of common and general interest not just to several, but
property or a property right protected by the due process clause of
to all citizens of the Philippines. Consequently, since the parties are
the Constitution.
so numerous, it becomes impracticable, if not totally impossible, to
bring all of them before the court. We likewise declare that the Same; Same; Same; Same; The granting of license does not create
plaintiffs therein are numerous and representative enough to ensure irrevocable rights, neither is it property or property rights.—A license
the full protection of all concerned interests. Hence, all the requisites is merely a permit or privilege to do what otherwise would be
for the filing of a valid class suit under Section 12, Rule 3 of the unlawful, and is not a contract between the authority, federal, state,
Revised Rules of Court are present both in the said civil case and or municipal, granting it and the person to whom it is granted; neither
in the instant petition, the latter being but an incident to the former. is it property or a property right, nor does it create a vested right; nor
is it taxation’ (37 C.J. 168). Thus, this Court held that the granting of
Same; Same; Same; Same; Petitioners’ personality to sue in behalf
license does not create irrevocable rights, neither is it property or
of the succeeding generations can only be based on the concept of
property rights.
intergenerational responsibility insofar as the right to a balanced and
healthful ecology is concerned.—This case, however, has a special Same; Same; Same; Same; Timber licenses are not contracts, the
and novel element. Petitioners minors assert that they represent non-impairment clause cannot be invoked.—Since timber licenses
their generation as well as generations yet unborn. We find no are not contracts, the non-impairment clause, cannot be invoked.
difficulty in ruling that they can, for themselves, for others of their
generation and for the succeeding generations, file a class suit. Same; Same; Same; Same; Same; The non-impairment clause
Their personality to sue in behalf of the succeeding generations can must yield to the police power of the state.—In short, the non-
only be based on the concept of intergenerational responsibility impairment clause must yield to the police power of the state.
insofar as the right to a balanced and healthful ecology is
concerned. Such a right, as hereinafter expounded, considers the FELICIANO, J., Concurring Opinion:
“rhythm and harmony of nature.”
Constitutional Law; The protection of the environment including the
Same; Same; Same; Same; Same; The minors’ assertion of their forest cover of our territory is of extreme importance for the
right to a sound environment constitutes at the same time the country.—I vote to grant the Petition for Certiorari because the
performance of their obligation to ensure the protection of that right protection of the environment, including the forest cover of our
for the generation to come.—Needless to say, every generation has territory, is of extreme importance for the country.
a responsibility to the next to preserve that rhythm and harmony for
the full enjoyment of a balanced and healthful ecology. Put a little
differently, the minors’ assertion of their right to a sound Domingo v. Scheer
environment constitutes, at the same time, the performance of their
obligation to ensure the protection of that right for the generations
to come.
FACTS:
Constitutional Law; The complaint focuses on one specific
fundamental legal right; The right to a balanced and healthful This is a petition for review under Rule 45, of the decision of the
ecology.—The complaint focuses on one specific fundamental legal Court of Appeals granting the respondent’s petition for certiorari and
right—the right to a balanced and healthful ecology which, for the prohibition annulling the order of arrest issued by petitioner, and
first time in our nation’s constitutional history, is solemnly permanently enjoining her from deporting the respondent from the
incorporated in the fundamental law. Philippines. The appellate court reversed the Summary Deportation
Order of the Board of Commissioners.
Respondent Scheer is a native of Germany, who was The Court ruled that BOC committed grave abuse of discretion in
eventually granted a permanent resident status in the Philippines. causing the arrest and detention of the respondent. Aliens may be
He eventually married here and started a family as well as a deported from the Philippines only on grounds and in the proper
business in Palawan. Vice Consul Hippelein informed the Philippine manner provided by the Constitution. The United Nations
Ambassador to Germany that the respondent had police records Declaration on Human Rights grants every person rights, and that
and financial liabilities in Germany. The DFA receive from the no one shall be subjected to arbitrary arrest, detention or exile. BOC
German Embassy in Manila that the respondent is wanted in ordered respondent’s deportation without even conducting
Germany, and requested to turn over his German passport to the summary deportation proceedings, but merely relied on the
Embassy. Thereafter BOC issued a Summary Deportation Order speculation of the German Embassy and the Vice Consul that it is
dated September 27, 1997. It was stated that the deportation shall improbable that the respondent will be issued a new passport,
be held in abeyance pending respondent’s case and he shall remain warranting the deportation. The respondent was not afforded any
in the custody of the bureau. In issuing this the BOC relied on the hearing at all, and not given the opportunity to put up a defense for
statements of the German Vice Consul on the speculation that it is himself, thus violating his right to due process. A deportation
improbable that the respondent will be issued a new passport, the proceeding may not be a criminal action, but since it affects the
warrant of arrest for insurance fraud and alleged illegal activities in liberty of a person, the right to due process of a respondent must be
Palawan. Respondent nevertheless stayed in the Philippines after respected. Even six years after the motion for reconsideration of the
airing his side to then BID Commissioner Verceles, the latter giving respondent which was still not attended to, out of nowhere and
him time to apply for a clearance and a new passport. Scheer arbitrarily the agents were ordered to arrest him. Even after being
eventually filed an Urgent Motion for Reconsideration stating that issued a new passport and even securing clearances from the PNP
his right to due process was violated, for there was no notice or and NPA, the BOC still proceeded with the deportation. BOC is
chance to be heard before the issuance of the deportation order. required to resolve the motion of the respondent first, giving him the
Eventually the criminal case for physical injuries against the chance to be heard and present his evidence. The petitioner put up
respondent was dismissed, and he was issued a passport. He the defense that they cannot review cases decided before the
informed Commissioner Verceles about this matter and reiterated change of members, but since it is the same government entity, they
the cancellation of the order, but the Commissioner did not respond. have the authority to review past cases. In addition, the court finds
Thereafter Commissioner Domingo assumed office and on June 6, the contention of the OSG for the respondent to leave the country
2002, she ordered the apprehension of the respondent who was then just re-apply again ridiculous when there is no legal
held in custody awaiting deportation. Shocked, respondent sought impediment for the respondent to continue his stay in the country.
remedy with the CA, during the hearing of which the Solicitor
General suggested that the respondent leave the country first then Actions; Pleadings and Practice; Parties; Indispensable
just re-apply. A decision was reached in favor of Scheer, Parties; The absence of an indispensable party renders all
permanently enjoining Domingo from continuing the deportation, subsequent actions of the court null and void.—Section 7, Rule 3 of
thus this petition. the Rules of Court, as amended, requires indispensable parties to
be joined as plaintiffs or defendants. The joinder of indispensable
parties is mandatory. Without the presence of indispensable parties
to the suit, the judgment of the court cannot attain real
ISSUE(S): finality.Strangers to a case are not bound by the judgment rendered
by the court.The absence of an indispensable party renders all
1. Whether or not the BOC was an indispensable party to the
subsequent actions of the court null and void. Lack of authority to
case.
act not only of the absent party but also as to those present. The
2. Whether or not respondent’s arrest and detention was responsibility of impleading all the indispensable parties rests on the
premature, unwarranted and arbitrary. petitioner/plaintiff.
CONSTANTE AMOR DE CASTRO VS CA Art. 1915. If two or more persons have appointed an agent for a
common transaction or undertaking, they shall be solidarily liable to
GR NO. 115838 the agent for all the consequences of the agency.
JULY 18, 2002
Held:
Indispensable party. An indispensable party is one whose Laperal Development Corporation vs. CA
interest will be affected by court’s action in litigation and without
whom there can be no final determination of the case. A party’s 223 SCRA 261
interest in the subject matter and in the relief sought are so
intertwined that his legal presence as a party to the proceeding is
an absolute necessity. Facts: In a civil case before the CFI, Atty. Filoteo Banzon sought
recovery of attorney’s fees from Oliverio Laperal, Laperal Dev’t
According to the provisions of PFTA, PEA would turn over Corp, and Imperial Dev’t Corp. for professional services he rendered
to HPMC all the contracts relating to Heritage Park. At the time of for 10 cases.
the filing of the CIAC case, PEA already assigned its interests to
HPMC and therefore, no longer a party-in-interest. HPMC now On April 8, 1983, the case was decided on the basis of a
stands to be benefited/injured in the suit. Since HPMC was not Compromise Agreement voluntarily and waiving all other claims of
impleaded, there cannot be an effective, complete and equitable money against the defendants. On May 19, 1987, Banzon filed a
resolution of the dispute. complaint against Oliverio Laperal , Laperal Dev’t Corp, Imperial
Dev’t Corp, Sunbeams Convenience Foods and Vicente Acsay for
Notes on indispensable parties: the annulment of the portion of the Compromise Agreement;
*Does CIAC have jurisdiction? YES. Both parties agree to submit collection of attorney’s fees for his services in the cases
the dispute for arbitration. However, CIAC should’ve dismissed the abovementioned; for the recovery of what was adjudged payablr to
case on the grounds that HPMC was not impleaded. Indispensable him as attorney’s fees by Ascario Tuazon and the payment of
parties must be joined as either plaintiffs or defendants. When they nominal damages and attorney’s fees.
are not joined, it is the duty of the court to stop trial and order its
inclusion. In the RTC of Quezon City, the case was dismissed on the
grounds that the the TC had no jurisdiction to annul the agreement
*The responsibility of impleading all the indispensable parties lies as approved by an equal and coordinate court, and that the
on the plaintiff. Defendant has no tight to compel. agreement already covered the plaintiff’s professional services in
the aforementioned cases. On appeal, the decision was affirmed on
Parties; An indispensable party is one whose interest will be the issue of jurisdiction. The CA held that the attorney’s fees were
affected by the court’s action in the litigation and without whom no due the private respondents in the cases of Laperal Dev’t vs.
final determination of the case can be had.—An indispensable party Tuazon and Tuazon vs. Maglalanga and Republic vs. Sunbeams.
is one whose interest will be affected by the court’s action in the The undetaking clearly covered the case of Laperal Dev’t vs.
litigation, and without whom no final determination of the case can Tuazon which was still pending in the CA at the time of the
be had. The party’s interest in the subject matter of the suit and in agreement.
the relief sought are so inextricably intertwined with the other
Banzon’s claim for attorney’s fees was among those HELD: NO. When a party to a pending action dies and the claim is
enumerated in his complaint against Oliverio Laperal, Laperal Dev’t not extinguished, the Rules of Court require a substitution of the
Corp, and Imperial Dev’t and Sunbeams referred to in the complaint deceased. The procedure is specifically governed by Section 16 of
as “Mr. Laperals” Corp. was not joined by name as a party- Rule 3. The rule on the substitution of parties was crafted to protect
defendant. The private respondent believed that Oliverio Laperal, every party’s right to due process. The estate of the deceased party
being the president of the company, was directly obligated to him. will continue to be properly represented in the suit through the duly
appointed legal representative. A formal substitution by heirs is not
necessary when as in the present case, they themselves voluntarily
appear, participate in the case, and present evidence in defense of
Issue: Should a party be joined as a party-defendant in order that the deceased. These actions negate any claim that the right to due
the judgment could legally affect it? process was violated. The records of the present case contain a
“Motion for Substitution of Party Plaintiff” filed before the CA. The
rule on the substitution by heirs is not a matter of jurisdiction, but a
requirement of due process. Thus, when due process is not
Ruling: A corporation is clothed with a personality separate and violated, as when the right of the representative or heir is recognized
distinct from that of the persons composing it. It may not generally and protected, noncompliance or belated formal compliance with
be held liable for the personal indebtedness of its stockholders or the Rules cannot affect the validity of a promulgated decision. Mere
those of the entities connected with it. A stockholder cannot be failure to substitute for a deceased plaintiff is not a sufficient ground
made to answer for any of its financial obligations even if he should to nullify a trial court’s decision. The alleging party must prove that
be its president. There is no evidence that Sunbeams and Laperal there was an undeniable violation of due process.
are one and the person. While it is true that Laperal is a stockholder,
director and officer of Sunm[beams, that status does not make him Remedial Law; Parties; Substitution of Party; When a party to a
answerable for the liabilities of the said corporation. pending action dies and the claim is not extinguished, the Rules of
Court require a substitution of the deceased.—When a party to a
Sunbeams should have been joined as a party-defendant in pending action dies and the claim is not extinguished, the Rules of
order that the judgment of the lower court could legally affect it. But Court require a substitution of the deceased. The procedure is
even if it was not impleaded, the court could still validly proceed with specifically governed by Section 16 of Rule 3.
the case because Sunbeams was not an indispensable party but
Same; Same; Same; The rule on the substitution of parties was
only a proper party. A proper party is one which ought to be a party
crafted to protect every party’s right to due process.—The rule on
if complete relief is to be accorded as between those already
the substitution of parties was crafted to protect every party’s right
parties. A party is indispensable if no final determination can be had
to due process. The estate of the deceased party will continue to be
of an action unless it is joined either as plaintiff or defendant.
properly represented in the suit through the duly appointed legal
Sunbeams was not a party to this agreement and so could not be
representative. Moreover, no adjudication can be made against the
affected by it.
successor of the deceased if the fundamental right to a day in court
Corporation Law; A corporation is clothed with a personality is denied.
separate and distinct from that of the persons composing it.—It is
Same; Same; Same; Court has nullified not only trial proceedings
settled that a corporation is clothed with a personality separate and
conducted without the appearance of the legal representatives of
distinct from that of the persons composing it. It may not generally
the deceased, but also the resulting judgments.—The Court has
be held liable for the personal indebtedness of its stockholders or
nullified not only trial proceedings conducted without the
those of the entities connected with it. Conversely, a stockholder
appearance of the legal representatives of the deceased, but also
cannot be made to answer for any of its financial obligations even if
the resulting judgments. In those instances, the courts acquired no
he should be its president.
jurisdiction over the persons of the legal representatives or the heirs
Remedial Law; Civil Procedure; Proper Party; A proper party is one upon whom no judgment was binding.
which ought to be a party if complete relief is to be accorded as
Same; Same; Same; Formal substitution by heirs is not necessary
between those already parties.—Sunbeams should have been
when they themselves voluntarily appear, participate in the case,
joined as a party-defendant in order that the judgment of the lower
and present evidence in defense of the deceased.—This general
court could legally affect it. But even if it was not impleaded, the
rule notwithstanding, a formal substitution by heirs is not necessary
court could still validly proceed with the case because Sunbeams
when they themselves voluntarily appear, participate in the case,
was not an indispensable party but only a proper party. A proper
and present evidence in defense of the deceased. These actions
party is one which ought to be party if complete relief is to be
negate any claim that the right to due process was violated.
accorded as between those already parties. A party is indispensable
if no final determination can be had of an action unless it is joined Same; Same; Same; Strictly speaking, the rule on the substitution
either as plaintiff or defendant. by heirs is not a matter of jurisdiction, but a requirement of due
process; Mere failure to substitute for a deceased plaintiff is not a
sufficient ground to nullify a trial court’s decision; Alleging party must
De La Cruz vs Joaquin : 162788 : July 28, 2005 prove that there was an undeniable violation of due process.—
Strictly speaking, the rule on the substitution by heirs is not a matter
FACTS: The case originated from a Complaint for the recovery of of jurisdiction, but a requirement of due process. Thus, when due
possession and ownership, the cancellation of title, and damages, process is not violated, as when the right of the representative or
filed by Pedro Joaquin against petitioners in the RTC. The RTC heir is recognized and protected, noncompliance or belated formal
ruled in favor of respondent ordering herein petitioners to reconvey compliance with the Rules cannot affect the validity of a
the property upon his payment. Petitioners assert that the RTC’s promulgated decision. Mere failure to substitute for a deceased
Decision was invalid for lack of jurisdiction claiming that respondent plaintiff is not a sufficient ground to nullify a trial court’s decision.
died during the pendency of the case and there being no substitution The alleging party must prove that there was an undeniable violation
by the heirs, the trial court allegedly lacked jurisdiction over the of due process.
litigation.
Same; Actions; Forum Shopping; Forum shopping is the institution
ISSUE: WON the trial court lost jurisdiction over the case upon the of two or more actions or proceedings involving the same parties for
death of Pedro Joaquin? the same cause of action, either simultaneously or successively, on
the supposition that one or the other court would make a favorable
disposition; Willful and deliberate violation of the rule against it is a than substantive. Venue relates to trial and not to
ground for the summary dismissal of the case; it may also constitute jurisdiction.
direct contempt of court.—Forum shopping is the institution of two
or more actions or proceedings involving the same parties for the
same cause of action, either simultaneously or successively, on the
Remedial Law; Venue; An offended party who is at the same time a
supposition that one or the other court would make a favorable
public official can only institute an action arising from libel in two (2)
disposition. Forum shopping may be resorted to by a party against
venues: the place where he holds office and the place where the
whom an adverse judgment or order has been issued in one forum,
alleged libelous articles were printed and first published.—From the
in an attempt to seek a favorable opinion in another, other than by
foregoing provision, it is clear that an offended party who is at the
an appeal or a special civil action for certiorari. Forum shopping
same time a public official can only institute an action arising from
trifles with the courts, abuses their processes, degrades the
libel in two (2) venues: the place where he holds office, and the
administration of justice, and congests court dockets. Willful and
place where the alleged libelous articles were printed and first
deliberate violation of the rule against it is a ground for the summary
published.
dismissal of the case; it may also constitute direct contempt of court.
Same; Same; Same; Unless and until the defendant objects to the
venue in a motion to dismiss prior to a responsive pleading, the
Diaz vs. Adiong, March 5, 1993 venue cannot truly be said to have been improperly laid.—
Consequently, it is indubitable that venue was improperly laid.
Facts: However, unless and until the defendant objects to the venue in a
motion to dismiss prior to a responsive pleading, the venue cannot
1. On July 6, 1991, the Mindanao Kris, published in Cotabato truly be said to have been improperly laid since, for all practical
City, published a news article entitled “Toll of Corruption” intents and purposes, the venue though technically wrong may yet
which exposed alleged anomalies by key officials in the be considered acceptable to the parties for whose convenience the
Regional Office of DENR; rules on venue had been devised.
2. Public officials alluded instituted a separate civil and Same; Same; Same; Same; Well-settled is the rule that improper
criminal actions arising from libel before City Prosecutor venue may be waived and such waiver may occur by laches.—His
Office and Regional Trial Court in Marawi City against motion to dismiss was therefore belatedly filed and could no longer
petitioner; deprive the trial court of jurisdiction to hear and decide the instant
civil action for damages. Well-settled is the rule that improper venue
3. The City Prosecutor’s Office dismissed the criminal case
may be waived and such waiver may occur by laches.
complaint for lack of jurisdiction since the said complaint
should be filed in Cotabato City; Same; Same; Same; Same; Same; Objections to venue in civil
actions arising from libel may be waived, it does not after all involve
4. As for the civil complaint it was docketed in the RTC of
a question of jurisdiction.—Withal, objections to venue in civil
Marawi City, and that the defendant had filed their
actions arising from libel may be waived; it does not, after all, involve
respective answers w/ counterclaim;
a question of jurisdiction. Indeed, the laying of venue is procedural
5. Diaz moved for the dismissal of the case on the ground of rather than substantive, relating as it does to jurisdiction of the court
lack of jurisdiction, it was their contention that the case over the person rather than the subject matter. Venue relates to trial
should be filed in RTC of Cotabato since it is where the and not to jurisdiction.
private 1. respondents who are all public officers held their
Same; Same; Same; Same; Objections to improper venue must be
office, similarly the libelous publication was published in
made in a motion to dismiss before any responsive pleading is
that place
filed.—Finally, Sec. 1 of Rule 16 provides that objections to
Issue: WON, RTC Marawi City has jurisdiction over the said case improper venue must be made in a motion to dismiss before any
responsive pleading is filed. Responsive pleadings are those which
Held: No, not one of the respondents held office in Marawi City seek affirmative relief and set up defenses. Consequently, having
already submitted his person to the jurisdiction of the trial court,
1. An offended party who is at the same time a public official petitioner may no longer object to the venue which, although
can only institute an action arising from libel in 2 venues: mandatory in the instant case, is nevertheless waivable. As such,
the place where he holds office and place where the improper venue must be seasonably raised, otherwise, it may be
alleged libelous articles were published; deemed waived.
2. The venue is improperly laid. However, unless and until the
defendant objects to the venue in a motion to dismiss prior
to a responsive pleading, the venue cannot be truly be said Nocum vs. Lucio Tan
to have been improperly laid, since the venue though
technically wrong may yet be considered acceptable to the G.R. No. 145022
parties for whose convenience the rules on venue had
been devised;
Facts:
3. In this case, Diaz, should have timely challenged the venue
in Marawi City in a motion to dismiss, pursuant to Sec 4, Respondent Lucio Tan filed a complaint against reporter Armand
Rule 4 of the Rules of Court. Unfortunately, petitioner had Nocum, Capt. Florendo Umali, ALPAP and Inquirer with the
already submitted himself to the jurisdiction of the TC when Regional Trial Court of Makati, , seeking moral and exemplary
he filed his Answer to the Complaint with Counterclaim. His damages for the alleged malicious and defamatory imputations
motion to dismiss was therefore belatedly filed and could contained in a news article.
no longer deprive the trial court of jurisdiction to hear and
decide the said case;
4. While objections to venue in civil actions arising from libel The Regional Trial Court of Makati issued an order dismissing the
can be waived; it does not after all, involve a question of complaint without prejudice of the ground on improper venue.
jurisdiction. Indeed, the laying of venue is procedural rather
the RTC. Article 360 of the Revised Penal Code provides that it is a
Court of First Instance that is specifically designated to try a libel
Aggrieved by the dismissal of the complaint, respondent Lucio Tan case.
filed an Omnibus Motion seeking reconsideration of the dismissal
and admission of the amended complaint. In par. 2.01.1 of the Same; Same; Same; Venue; Jurisdiction and Venue
amended complaint, it is alleged that 'This article was printed and distinguished.—Petitioners are confusing jurisdiction with venue. A
first published in the City of Makati, and in par. 2.04.1, that 'This former colleague, the Hon. Florenz D. Regalado, differentiated
caricature was printed and first published in the City of Makati (p. jurisdiction and venue as follows: (a) Jurisdiction is the authority to
55, id.). hear and determine a case; venue is the place where the case is to
be heard or tried; (b) Jurisdiction is a matter of substantive law;
venue, of procedural law; (c) Jurisdiction establishes a relation
between the court and the subject matter; venue, a relation between
The lower court, after having the case dismissed for improper
plaintiff and defendant, or petitioner and respondent; and, (d)
venue, admitted the amended complaint and deemed set aside the
Jurisdiction is fixed by law and cannot be conferred by the parties;
previous order of dismissal
venue may be conferred by the act or agreement of the parties.
Whether or not the lower court acquire jurisdiction over the civil case
upon the filing of the original complaint for damages? Same; Same; Same; Same; Rules on the venue of the criminal and
civil actions in written defamations.—In Escribano v. Avila, pursuant
to Republic Act No. 4363, we laid down the following rules on the
venue of the criminal and civil actions in written defamations. 1.
Rulings: General rule: The action may be filed in the Court of First Instance
Yes. It is settled that jurisdiction is conferred by law based on the of the province or city where the libelous article is printed and first
facts alleged in the complaint since the latter comprises a concise published or where any of the offended parties actually resides at
statement of the ultimate facts constituting the plaintiff's causes of the time of the commission of the offense. 2. If the offended party is
action. [11] In the case at bar, after examining the original complaint, a public officer with office in Manila at the time the offense was
we find that the RTC acquired jurisdiction over the case when the committed, the venue is Manila or the city or province where the
case was filed before it. From the allegations thereof, respondent's libelous article is printed and first published. 3. Where an offended
cause of action is for damages arising from libel, the jurisdiction of party is a public official with office outside of Manila, the venue is
which is vested with the RTC. Article 360 of the Revised Penal Code the province or the city where he held office at the time of the
provides that it is a Court of First Instance [12] that is specifically commission of the offense or where the libelous article is printed
designated to try a libel case. and first published. 4. If an offended party is a private person, the
venue is his place of residence at the time of the commission of the
offense or where the libelous article is printed and first published.
The common feature of the foregoing rules is that whether the
Petitioners are confusing jurisdiction with venue. A former offended party is a public officer or a private person, he has always
colleague, the Hon. Florenz D. Regalado, [14] differentiated the option to file the action in the Court of First Instance of the
jurisdiction and venue as follows: (a) Jurisdiction is the authority to province or city where the libelous article is printed or first published.
hear and determine a case; venue is the place where the case is to
be heard or tried; (b) Jurisdiction is a matter of substantive law; Same; Same; Same; Same; Objections to venue in Civil Action
venue, of procedural law; (c) Jurisdiction establishes a relation arising from libel may be waived since they do not involve a question
between the court and the subject matter; venue, a relation between of jurisdiction; In Criminal Actions, it is fundamental that venue is
plaintiff and defendant, or petitioner and respondent; and, (d) jurisdictional it being an essential element of jurisdiction.—It is
Jurisdiction is fixed by law and cannot be conferred by the parties; elementary that objections to venue in CIVIL ACTIONS arising from
venue may be conferred by the act or agreement of the parties. libel may be waived since they do not involve a question of
jurisdiction. The laying of venue is procedural rather than
In the case at bar, the additional allegations in the Amended substantive, relating as it does to jurisdiction of the court over the
Complaint that the article and the caricature were printed and first person rather than the subject matter. Venue relates to trial and not
published in the City of Makati referred only to the question of venue to jurisdiction. It is a procedural, not a jurisdictional, matter. It relates
and not jurisdiction. These additional allegations would neither to the place of trial or geographical location in which an action or
confer jurisdiction on the RTC nor would respondent's failure to proceeding should be brought and not to the jurisdiction of the court.
include the same in the original complaint divest the lower court of It is meant to provide convenience to the parties, rather than restrict
its jurisdiction over the case. their access to the courts as it relates to the place of trial. In contrast,
in CRIMINAL ACTIONS, it is fundamental that venue is jurisdictional
Remedial Law; Actions; Jurisdictions; It is settled that jurisdiction is it being an essential element of jurisdiction.
conferred by law based on the facts alleged in the complaint since
the latter comprises a concise statement of the ultimate facts
constituting the plaintiff’s causes of action.—It is settled that
jurisdiction is conferred by law based on the facts alleged in the
complaint since the latter comprises a concise statement of the
ultimate facts constituting the plaintiff's causes of action. In the case
at bar, after examining the original complaint, we find that the RTC
acquired jurisdiction over the case when the case was filed before
it. From the allegations thereof, respondent’s cause of action is for
damages arising from libel, the jurisdiction of which is vested with
PHILIPPINE BANKING CORPORATION, petitioner, fixed the venue of actions arising from the promissory notes in
vs. Valenzuela, Metro Manila, only. Respondents called the trial court's
HON. SALVADOR S. TENSUAN, Judge of Regional Trial Court attention to the stipulation contained in the promissory note,
of Makati, National Capital Judicial Region, Branch 146; quoted in limine.
CIRCLE FINANCIAL CORPORATION, AVELINO E. DEATO, JR.,
MIGUEL F. VIOLAGO, BENJAMIN F. SANTIAGO, SOCORRO R. Acting upon respondent's motion, respondent Judge Tensuan
GOMEZ, NERISSA T. GLORIA, FILEMON C. MARQUEZ, issued the challenged Order which read as follows:
DOMINGO SANTIAGO AND HILARIO P. LOPEZ, respondents.
Acting on defendant's motion to dismiss on grounds of improper
Tomargo, Luzano & Associates for petitioner. venue in relation with actionable promissory notes which stipulate
that the parties "expressly submit to the jurisdiction of the Courts of
Edgardo V. Cruz for private respondents. Valenzuela, Metro Manila any legal action which may arise", and,
Same; Same; Same; Courts; Actions; Dismissal of; The trial court
cannot pre-empt the defendant’s prerogative to object to the
improper laying of the venue by motu proprio dismissing the case.—
Thus, unless and until the defendant objects to the venue in a
motion to dismiss, the venue cannot be truly said to have been
improperly laid, as for all practical intents and purposes, the venue,
though technically wrong,