Spouses Paguirigan vs. Pilhino Sales Corporation (G.R No.

169177)

Facts: A complaint for Sum of Money (MC98-214) was filed by Pilhino

Sales Corporation against the spouses Paguirigan on Branch 214 of RTC
Mandaluyong. However, this case was dismissed without prejudice upon
Motion of the Spouses for failure of the Complainant Corporation to
submit its pre-trial brief and to appear in the scheduled pre-trial
conference despite notices.

The Corporation re-filed its Complaint at Branch 210 of same City

but said Court dismissed said Petition. Thus, it appealed to the Court of
Appeals. The latter granted its petition and ordered the presiding judge at
Branch 210 to conduct further proceedings in the case. Hence, this present
petition arguing that Branch 210 does not have jurisdiction over the case.

Issue: Does RTC Branch 210 have jurisdiction over the case?

Ruing: RTC Branch 210 has jurisdiction over the case.

The first Order which dismissed the case was without prejudice and
therefore, the Corporation is not precluded to re-file the complaint should
it desire to pursue its claim against the Spouses Paguirigan. Further, the
Spouses actively participated in the proceedings before Branch 210 and
even sought positive relief during the pre-trial when it moved for the
dismissal of the case. The Spouses cannot invoke the jurisdiction of
Branch 210 when it them and then argue before the Court of Appeals and
before the Supreme Court that it does not have jurisdiction to entertain
the re-filed case. The Spouses belated attempt at raising the issue of want
of jurisdiction after having taken part in the proceedings before Branch
210 cannot be allowed.