70. Garcia v. Ferro Chemicals, Inc., G.R. 172505, 737 SCRA 252, 1 Oct.

2014
Facts: On 15 July 1988, Antonio Garcia (petitioner) and Ferro Chemicals (respondent),
through Ramon Garcia entered into a deed of absolute sale and purchase of stock. The
contract was allegedly entered into to prevent these shares of stock from being sold at
public auction to pay the outstanding obligations of petitioner. On 3 March 1989, a deed
of right to repurchase over the same shares of stock of the aforementioned transaction
was entered into by petitioner and respondent. Before the end of the 180 days
redemption period, petitioner exercised his right to repurchase the properties. However,
respondent did not agree. Antonio filed an action for specific performance and
annulment of transfer of shares. On 3 Sept. 1990, information was filed against
petitioner charging him with estafa for allegedly misrepresenting to respondents. RTC
acquitted petitioner for insufficiency of evidence. Respondent appealed to the CA as to
the civil aspect of the case on the ground that it is not in accordance with the law and
facts of the case. CA granted the appeal of respondent. Hence, the instant case.
Issue: WoN respondent committed forum shopping when it filed an appeal before the
CA and petition for certiorari before the Supreme Court assailing the same trial court
decision.
Held: Yes. Litigants cannot avail themselves of two separate remedies for the same
relief in the hope that in one forum, the relief prayed for will be granted. This is the evil
sought to be averted by the doctrine of nonforum shopping.
In the instant case, the civil aspect of the case referred to by respondent is for the
recovery of civil liability ex delicto. However, it failed to make a reservation before the
trial court to institute the civil action for the recovery of civil liability ex delicto or institute
a separate civil action prior to the filing of the criminal case. When the civil action for the
recovery of civil liability ex delicto is instituted with the criminal action, whether by choice
of private complainant or by law or rules, the case will be prosecuted under the direction
and control of the public prosecutor. The civil action cannot proceed independently of
the criminal case. This includes subsequent proceedings on the criminal action such as
an appeal.