Case #19: Villanueva v Atty. Alentajan, GR No.

12161, 8 June 2020

Ponente: Hernando, J.

Facts:
Heirs of Bienvenido Marquez, Jr. filed a complaint for annulment of foreclosure
proceedings, certificate of sale, and transfer of certificate of title against COCOLIFE Insurance
which was dismissed by the RTC, Branch 77 of Quezon City. The CA affirmed the trial court’s
decision. A petition for review was then filed before the SC however the court denied it in a
resolution which has become final and executory.
Despite the foregoing, Respondent Atty. Alentajan, representing the heirs of Bienvenido
Marquez, Jr., filed another civil and criminal complaints before the RTC, Branch 90 of Quezon
City and the Office of the City Prosecutor of Makati City, respectively. The complaints were
denied by the respective tribunals. Lastly, the respondent filed a Petition for Contempt against
the officers of COCOLIFE-Insurance before the RTC, Branch 92 of Quezon City which was then
dismissed.
The COCOLIFE-Insurance averred that Atty. Alentajan is guilty of forum shopping when
the verification/certification of the complaint filed before RTC, Branch 90 of Quezon City had
already commenced an action for the same subject property, between the same parties and same
issues.

ISSUE: Did respondent, Atty. Alentajan, file a false certification against forum shopping
in the complaints?

HELD:
Yes, the respondent filed a false certification against forum shopping.

For a forum shopping to exist, there must be same parties involved; same essential facts
and circumstances; and the actions raise identical cause of action, subject matter and issues. In
Section 5, Rule 7 of the Rules of Court, Plaintiff or principal party shall certify under oath in the
complaint, pleading or certification: (a) That he has not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency; to the best of his
knowledge no such other claim or action pending; (b) If there is such other pending action, a
complete statement of the present status thereof; and (c) If he should thereafter learn that same or
similar action or claim is filed or pending, he shall report the same within 5 days therefrom to the
court where he filed his complaint.

In the instant case, it is obvious that the relief’s prayed for, the facts and circumstances,
and the parties involved are substantially similar in the previous case. Atty. Alentajan clearly
committed forum shopping when he filed the subsequent Civil Case without indicating that the
previous one had already become final and executory.