Rule 15 – Motions 02. Heirs of Arania v.

Intestate Estate of Sangalang, 2017 Rule 15

KEY TAKE-AWAY OR DOCTRINE TO REMEMBER

FACTS

Heirs of Arania filed an action for recovery of possession of several parcels of agricultural land (subject landholdings) before the
PARAD. As proof of their claim, the petitioners presented their Certificates of Land Transfer (CLTs). They averred that sometime
in 1987, they were harassed by Magdalena and her cohorts and that through coercion, threats, and intimidation, they were forced
to leave their respective landholdings.

PARAD ruled that the subject landholdings were covered by Operation Land Transfer (OLT) and that CLTs were already issued in
favor of the petitioners. DARAB held that the receipts issued by respondent Romulo Jimenez proved that the respondents had
acknowledged the petitioners as their tenants who had religiously complied with their obligation to pay rentals, and that the
issuance of the CLTs substantiated the petitioners’ right to physical possession of the subject landholdings.

Resspondents filed a petition for review before the CA Seventh Division, to challenge the DARAB’s decision. They question the
petitioners’ failure to comply with the requisites of procedural due process.

A writ of execution pending appeal was issued by the DARAB. Thereafter, the respondents filed a petition for certiorari before the
CA Special Fifteenth Division, to assail the issuance of the said writ of execution pending appeal.

CA 7th division dismissed the appeal of the respondents. Meanwhile CA 15th division held that the DARAB and the PARAD did
not acquire jurisdiction over the persons of the respondents because they were not served with summons. Heir of Arania sought
to file a petition for review before this Court to assail the decision of the CA in the certiorari action.

ISSUE/S STATUTES/ARTICLES INVOLVED

Whether or not there was forum shopping in this case.

HELD:Yes.

Propriety of the remedy of annulment of judgment

From the foregoing, it can be easily discerned that the petition for annulment of judgment instituted by the petitioners before the
Court cannot prosper. First, an appropriate remedy to question the decision in the petition for certiorari was available. In fact,
the petitioners filed a petition for review on certiorari before this Court, docketed as G.R. No. 150695, which, however, was
denied on the ground of lack of affidavit of service of copies of the motion for extension.

Further, neither extrinsic fraud nor lack of jurisdiction exists in this case. Extrinsic fraud refers to any fraudulent act of the
prevailing party in litigation committed outside of the trial of the case, whereby the defeated party is prevented from fully
exhibiting his side of the case by fraud or deception practiced on him by his opponent, such as by keeping him away from court;
by giving him a false promise of a compromise; or where the defendant never had the knowledge of the suit, being kept in
ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority connives at his defeat. The
petitioners were able to properly and fully ventilate their claims before the PARAD and the DARAB. The two administrative
tribunals even ruled in their favor. When the respondents filed a petition for review as well as a petition for certiorari before the
CA, there is no showing that the petitioners were deprived of any opportunity to answer the petitions. Finally, a petition for
certiorari alleging grave abuse of discretion on the part of the DARAB squarely falls within the jurisdiction of the CA. Hence, a
petition to annul the judgment of the appellate court in the certiorari action has no leg to stand on.

Notwithstanding the unavailability of the remedy of annulment of judgment, the Court resolves to give due course to this petition
in order to cure the grave injustice suffered by the petitioners brought about by the respondents’ blatant disrespect of the rules of
procedure, which they now invoke to defeat the petitioners’ claim.

Respondents are guilty of willful and deliberate forum shopping​.

In this jurisdiction, the rule against forum shopping has been ingrained in Section 5, Rule 7 of the Rules of Court

Expounding on the pernicious practice of forum shopping committed by a party who avails of several judicial remedies before
different courts to ensure a favorable ruling, the Court, in Yap v. Chua, held:

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 supposition that one or the other court would make a favorable disposition. Forum
shopping may be resorted to by any party against whom an adverse judgment or order has been issued in one forum, in an
attempt to seek a favorable opinion in another, other than by appeal or a special civil action for certiorari. Forum shopping trifles
with the courts, abuses their processes, degrades the administration of justice and congest court dockets. What is critical is the
vexation brought upon the courts and the litigants by a party who asks different courts to rule on the same or related causes and
grant the same or substantially the same reliefs and in the process creates the possibility of conflicting decisions being rendered
by the different fora upon the same issues. Willful and deliberate violation of the rule against forum shopping is a ground for
summary dismissal of the case; it may also constitute direct contempt. To determine whether a party violated the rule against
forum shopping, the most important factor to ask is whether the elements of litis pendentia are present, or whether a final
judgment in one case will amount to res judicata in another; otherwise stated, the test for determining forum shopping is whether
in the two (or more) cases pending, there is identity of parties, rights or causes of action, and reliefs sought.

Litis pendentia as a ground for the dismissal of a civil action refers to that situation wherein another action is pending between
the same parties for the same cause of action, such that the second action becomes unnecessary and vexatious. The underlying
principle of litis pendentia is the theory that a party is not allowed to vex another more than once regarding the same subject
matter and for the same cause of action. This theory is founded on the public policy that the same subject matter should not be
the subject of controversy in courts more than once, in order that possible conflicting judgments may be avoided for the sake of
the stability of the rights and status of persons.

The requisites of litis pendentia are: (a) the identity of parties, or at least such as representing the same interests in both actions;
(b) the identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) the identity of the two
cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other.

The respondents undoubtedly committed forum shopping when they instituted a petition for certiorari before the CA in the guise
of challenging the validity of the writ of execution pending appeal, despite knowledge that a petition to review the DARAB’s
findings was pending in another division of the appellate court.

As regards the first requisite, in the petition for certiorari, the parties are the Intestate Estate of Magdalena R. Sangalang
represented by its administratrix, Solita Jimenez, Angelo Jimenez, Jr., Jayson Jimenez, Solita Jimenez, and John Hermogenes as
petitioners, and the petitioners herein as respondents. On the other hand, in the petition for review, Romulo S. Jimenez is the
sole petitioner while the petitioners herein are the respondents. It has been consistently held that absolute identity of parties is
not required. A substantial identity of parties is enough to qualify under the first
requisite.

Here, it is clear as daylight that the petitioners in both cases represent the same interest as they are all legal heirs of Magdalena
Sangalang. With respect to the second requisite, the respondents bewailed violation of procedural due process in the petition for
review by alleging lack of hearing, inadmissiblity of the petitioners’ position paper, and lack of directive from the PARAD to
submit position paper; whereas, in the petition for certiorari, they averred that the action for recovery of possession should have
been filed against the estate of Magdalena; that the PARAD and the DARAB had no jurisdiction over the estate or over the
persons of the respondents because no summons was served; that the CLTs did not make the petitioners owners of the subject
landholdings; that the subject landholdings had ceased to be agricultural lands; that the writ of execution pending appeal was
issued without hearing; and that the order for the issuance of the writ did not contain any good reason or impose any condition
therefor. Indeed, the respondents assigned different errors in the two petitions. However, the relief they sought from both
petitions is, without any doubt, the setting aside of the PARAD and DARAB’s decisions in favor of the petitioners.

In Pentacapital Investment Corporation v. Mahinay, the Court ruled that “forum shopping can be committed in three ways: (1) by
filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet
(where the ground for dismissal is litis pendentia); (2) by filing multiple cases based on the same cause of action and with the
same prayer, the previous case having been finally resolved (where the ground for dismissal is res judicata); and (3) by filing
multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for
dismissal is also either litis pendentia or res judicata).”

Both petitions in the appellate court are grounded on the same cause of action, i.e., the respondents’ claim of ownership over the
lands in question and the PARAD and DARAB’s violation of their rights as owners when the administrative bodies ruled in favor
of the petitioners. Certainly, the respondents may rightfully question the issuance of the writ of execution pending appeal, the
same being the principal relief sought in the petition for certiorari. In evident bad faith, however, they assigned other errors that
already pertained to the merits of the case. It is worthy to note that the petition for review came first before the petition for
certiorari. What the respondents should have done was to file a supplemental petition to assail the issuance of the writ of
execution pending appeal. Moreover, it was the CA Seventh Division which has authority to rule on the propriety of the execution
pending appeal considering that Section 2, Rule 39 of the Rules of Court provides that “after the trial court has lost jurisdiction,
the motion for execution pending appeal may be filed in the appellate court.” As a corollary proposition, a challenge to a writ of
execution pending appeal issued by the trial court should be brought before the appellate court after the former has lost
jurisdiction over the case.

Finally, as to the third requisite, the judgment in the petition for review amounted to res judicata in the petition for certiorari.
There is res judicata or bar by prior judgment when, as between the first case where the judgment was rendered and the second
case that is sought to be barred, there is identity of parties, subject matter, and causes of action. As previously discussed, the
parties in the two petitions are identical. Further, the petitions involve the same subject matter, i.e., the landholdings covered by
the petitioners’ respective CLTs. “Identity of causes of action does not mean absolute identity. Otherwise, a party could easily
escape the operation of res judicata by changing the form of the action or the relief sought. The test to determine whether the
causes of action are identical is to ascertain whether the same evidence will sustain both actions, or whether there is an identity in
the facts essential to the maintenance of the two actions. If the same facts or evidence would sustain both, the two actions are
considered the same, and a judgment in the first case is a bar to the subsequent action.” In this case, the same evidence will be
necessary to sustain the causes of action in the two cases which are unequivocally based on the same set of facts. While it may be
true that the respondents raised as an additional assignment of error in the petition for certiorari the DARAB’s issuance of the
writ of execution pending appeal, they nevertheless sought the nullification of the DARAB’s decision. Hence, in truth and in fact,
the two petitions are based on the same cause of action.

In sum, considering that all the elements of litis pendentia are present, the Court declares that the respondents are guilty of
forum shopping when they filed the petition for certiorari despite the pendency of the petition for review.