10/11/2019 Torts and Damages Case Digest: Cometa v.

CA (1999)

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Torts And Damages

Case Digest: Cometa V. Our Bookshelf
CA (1999)

Thinking, Fast and Slow

by Daniel Kahneman
G.R. No. 124062 January 21, 1999
Lessons Applicable: Unfounded Suits (Torts
and Damages)
Laws Applicable:

Blue Ocean Strategy: How to Create

FACTS:
Uncontested Market Space and Make the
Competition Irrelevant
1979: State Investment Trust, by W. Chan Kim
Inc (SITI), formerly State Investment
House, Inc. (SIHI) extended loans in
various amounts to Guevent

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10/11/2019 Torts and Damages Case Digest: Cometa v. CA (1999)

Industrial Development Corp.

(GIDC) which failed to pay when due. How to Talk to Anyone: 92 Little Tricks for
Big Success in Relationships
A rehabilitation plan where
by Leil Lowndes
GIDC mortgaged its property but it
still defaulted resulting in a
foreclosure sale where SITI is the
highest bidder.
GIDC filed in the RTC alleging
irregularities in the foreclosure of the The Presentation Secrets of Steve Jobs
by Carmine Gallo
mortgages and the sale of properties
to petitioner SITI which ended with
a compromise agreement
wherein HBI offered to purchasea
and SITI agreed
RTC AND CA: compelled SITI to The 7 Habits of Highly Effective People:
accept HBI's offer to purchase Powerful Lessons in Personal Change

HBI applied to the Housing and Land by Stephen R. Covey

Use Regulatory Board for a permit to

develop the property submitting an
affidavit by
SITTI president Cometa releasing the
mortgage.
Cometa denied executing an affidavit Follow On Instagram
as supported by the NBI's finding
that it is forged. Cometa filed a
complaint for falsification of public
document against HBI president
Guevara
RTC: dismissed
HBI filed a complaint for malicious
prosecution against petitioners
Cometa and SITI alleging that it was
filed with the sole intent of harassing
and pressuring Guevara, in his
capacity as chairman of GIDC, to
give in to their illicit and malicious
desire to appropriate the remaining
unsold properties of GIDC
Cometa and SITI answered
that the action seeks to impose a
penalty on the right to litigate and for

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10/11/2019 Torts and Damages Case Digest: Cometa v. CA (1999)

that reason is unconstitutional and

against settled public policy
RTC and CA: denied since without malice

ISSUE: W/N Cometa and SITI should be

penalized for malicious prosecution

HELD: NO. CA affirmed

It is hardly necessary to say that to

allow the present action to proceed is
not to impose a penalty on the right
to litigate. For trial is still to be
conducted and liability is not
automatic.
Just as it is bad to encourage the
indiscriminate filing of actions for
damages by accused persons after
they have been acquitted, whether
correctly or incorrectly, a blanket
clearance of all who may be minded
to charge others with offenses,
fancied or otherwise, without any
chance of the aggrieved parties in
the appropriate cases of false
accusation to obtain relief, is in Our
Opinion short of being good law

Labels: 1999, Case Digest, Cometa v CA, G.R.

No. 124062, January 21, torts and damages, torts
and damages case digest, Unfounded Suits

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