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SECOND DIVISION

[G.R. No. 140931. November 26, 2004]


RAMON BALITE, JOSE . LEABRES !"# $RE%ERI& M. %E BORJA, petitioners,
vs. 'ON. O(RT O$ A))EALS *+ormer S,e-.!/ $o0r12 %.v.3.o"4,
$ELII%A% SAN%O5AL 5%A. %E ARLOS !"# TEO$ILO ARLOS
II, respondents.
% E I S I O N
ALLEJO, SR., J.6
Before us is a petition for review on certiorari of the November 4, 1999 Resoution of
the Court of !ppeas "C!# in C!$%&R& CV No& '())9, *itin+ petitioner Ramon Baite, the
presi,ent of the then SIDDCOR Insuran*e Corporation "SIDDCOR#, now the -e+a
.a*ifi* Insuran*e Corporation, an, its *ounse, petitioners /re,eri*0 -& ,e Bor1a an,
2ose C& 3eabres, in *ontempt of *ourt for forum shoppin+ an, or,erin+ ea*h of them to
pa4 a fine of .1,555&
T2e A"1e-e#e"13
On September 1, 199', 2uan De Dios Caros fie, a Compaint in the Re+iona 6ria
Court "R6C# of -untinupa, Bran*h )'7, a+ainst respon,ent /ei*i,a, San,ova an, her
son, respon,ent 6eofio Caros II, for #e-/!r!1.o" o+ "0//.17 o+ m!rr.!8e, 31!103 o+
-2./#, re-over7 o+ ,ro,er17, re-o"ve7!"-e, 30m o+ mo"e7, !"# #!m!8e3, 9.12
,r!7er +or 12e .330!"-e o+ ! 9r.1 o+ ,re/.m."!r7 !11!-2me"1. 6he *ase was ,o*0ete,
as Civi Case No& 9'$1('& On September 8, 199', the tria *ourt issue, an Or,er
+rantin+ Caros9s pea for a writ of preiminar4 atta*hment upon the postin+ of a bon, in
the amount of .)5,555,555&
:1;
6he atter fie, with the tria *ourt a bon, issue, b4 the
SIDDCOR, in the amount of .)5,555,555 whi*h was approve, b4 the tria *ourt& ! writ
of preiminar4 atta*hment was, thereafter, issue, b4 the tria *ourt on September 1',
199'& Sheriff !ntonio D& Ban*afor serve, a *op4 of the noti*e of +arnishment to the
.hiippine Nationa Ban0 ".NB# *overin+ the ,eposits of the respon,ents& 6he atter
fie, a motion to ,is*har+e the writ of preiminar4 atta*hment issue, b4 the *ourt, whi*h
motion was ,enie, b4 the tria *ourt per its Or,er ,ate, De*ember 4, 199'& B4 then,
the respon,ents ha, fie, their answer with *ompusor4 *ounter*aim&
On De*ember 7, 199', the respon,ents fie, a petition for *ertiorari with the C! for
the nuifi*ation of the September 8, 199' Or,er an, writ of preiminar4 atta*hment
issue, b4 the *ourt, an, the noti*e of +arnishment issue, b4 the sheriff& 6he *ase was
,o*0ete, as C!$%&R& S. No& (9)78&
<hie the petition was pen,in+, the respon,ents fie, a motion for summar4
1u,+ment& Caros fie, a *ounter$motion for summar4 1u,+ment in his favor&
On /ebruar4 )8, 1997, the C! ren,ere, 1u,+ment in C!$%&R& S. No& (9)78 in favor
of the respon,ents +rantin+ their petition an, nuif4in+ the assaie, or,er an, writ of
preiminar4 atta*hment issue, b4 the tria *ourt& 6he appeate *ourt rue, that there
was no fa*tua an, e+a bases for the issuan*e of the assaie, or,er an, writ&
Caros fie, a petition for review on *ertiorari of the appeate *ourt9s ,e*ision before
the Supreme Court& 6he *ase was ,o*0ete, as %&R& No& 1)'818&
On !pri =, 1997, the tria *ourt ren,ere, a summar4 1u,+ment in favor of Caros an,
a+ainst the respon,ents& 6he fallo of the ,e*ision rea,s>
WHEREFORE, premises considered, defendants Motion for Summary Judgment is hereby
denied. !aintiffs "ounter#Motion for Summary Judgment is hereby granted and summary
$udgment is hereby rendered in fa%or of p!aintiff as fo!!o&s'
(. )ec!aring the marriage bet&een defendant Fe!icidad Sando%a! and *eofi!o "ar!os
so!emni+ed at Si!ang, "a%ite, on May (,, (-./, e%idenced by the Marriage "ontract submitted in
this case, nu!! and %oid ab initio for !ac0 of the re1uisite marriage !icense2
/. )ec!aring that the defendant minor, *eofi!o S. "ar!os 33, is not the natura!, i!!egitimate
4sic5, or !ega!!y adopted chi!d of the !ate *eofi!o E. "ar!os2
6. Ordering defendant Sando%a! to pay and restitute to p!aintiff the sum
of (7,-/,,788.88, together &ith interest thereon at the !ega! rate from the date of fi!ing of the
instant comp!aint unti! fu!!y paid2
,. )ec!aring p!aintiff as the so!e and e9c!usi%e o&ner of the parce! of !and, !ess the portion
ad$udicated to the p!aintiffs in "i%i! "ase :o. ((-;<, co%ered by *"* :o. (6-8.( of the Register
of )eeds of Ma0ati "ity, and ordering said Register of )eeds to cance! said tit!e and to issue
another tit!e in the so!e name of p!aintiff herein2
<. )ec!aring the "ontract, =nne9 > of the "omp!aint, bet&een p!aintiff and defendant
Sando%a! nu!! and %oid, and ordering the Register of )eeds of Ma0ati "ity to cance! *"* :o.
(6-8<7 in the name of *eofi!o "ar!os, and to issue another tit!e in the so!e name of the p!aintiff
herein2
.. )ec!aring the "ontract, =nne9 M of the "omp!aint, bet&een p!aintiff and defendant
Sando%a! nu!! and %oid2
;. Ordering the cance!!ation of *"* :o. /(87;; in the names of defendant Sando%a! and
defendant minor *eofi!o S. "ar!os 33 and ordering the Register of )eeds of Mani!a to issue
another tit!e in the e9c!usi%e name of p!aintiff herein2
7. Ordering the cance!!ation of *"* :o. /(87;7 in the names of defendant Sando%a! and
defendant minor *eofi!o S. "ar!os 33 and ordering the Register of )eeds of Mani!a to issue
another tit!e in the so!e name of p!aintiff herein.
?et this case be set for hearing for the reception of p!aintiffs e%idence on his c!aims for mora!
damages, e9emp!ary damages, attorneys fees, appearance fees and !itigation e9penses on June ;,
(--. at ('68 oc!oc0 4sic5 in the afternoon.
SO OR)ERE).
:);
Caros fie, a motion to waive presentation of evi,en*e to prove ,ama+es an,
attorne49s fees referre, to b4 the tria *ourt in its summar4 1u,+ment& On !pri )7, 1997,
the tria *ourt +rante, the motion& 6he respon,ents re*eive, on !pri 19, 1997 a *op4 of
the ,e*ision an, fie, a motion for the re*onsi,eration of the summar4 1u,+ment on -a4
)(, 1997&
On !pri )9, 1997, Caros fie, a -otion for E?e*ution pen,in+ appea& On -a4 )1,
1997, the tria *ourt issue, an Or,er +rantin+ the motion an, or,ere, the issuan*e of a
writ of e?e*ution pen,in+ appea upon the postin+ of a bon, in the amount
of .)5,555,555&
On 2une 4, 1997, the respon,ents fie, their Noti*e of !ppea&
Caros poste, the re@uisite bon, issue, b4 the SIDDCOR in the amount
of .)5,555,555, whi*h was ,u4 approve, b4 the tria *ourt& 6he *ourt issue, a writ of
e?e*ution on -a4 )8, 1997& Sheriff Ban*afor serve, a noti*e of ,eiver4Apa4ment to
the ban0 mana+ers of the .NB in -untinupa Cit4 an, -aoos, Bua*an&
On 2une ', 1997, the .NB fie, a -anifestation an, -otion to a,mit its petition for
intervention in interpea,er with pra4er for *onsi+nation& 6he *ourt issue, an
Or,er
:(;
,en4in+ the motion on 2une ', 1997& 6he ,ispositive portion of the or,er rea,s>
WHEREFORE, the instant :@s Manifestation and Motion are hereby denied and, un!ess a
*emporary Restraining Order or a Writ of 3n$unction has been issued by the appe!!ate courts,
:@ is hereby directed to comp!y &ith the :otice of )e!i%eryAayment dated May /;, (--.
issued by Sheriff ?uis @ucayon 33 pursuant to the Order dated May /(, (--. and Writ of
E9ecution dated May /;, (--. issued by this "ourt, by de!i%ering the garnished amount to him
upon receipt of this Order. ?et a copy of this Order be ser%ed persona!!y upon :@ by Sheriff
@ucayon 33. Furnish copy a!so of this Order upon a!! parties concerned.
SO OR)ERE).
:4;
6he respon,ents fie, a petition for *ertiorari with the C! for the nuifi*ation of the
tria *ourt9s -a4 )1, 1997 Or,er& 6he *ase was ,o*0ete, as C!$%&R& S. No& 45=19&
On 2une 7, 1997, the C! issue, a Resoution ,ire*tin+ the issuan*e of a status
quo or,er an, re@uire, Caros to fie his *omment on the petition&
On 2une 1(, 1997, Caros fie, a -otion to Dismiss !ppea&
:';
On 2une 19, 1997, the
tria *ourt issue, an Or,er in Civi Case No& 9'$1(' +ivin+ ,ue *ourse to the appea of
the respon,ents& 6he appea was ,o*0ete, as C!$%&R& S. No& '())9&
On O*tober )1, 1997, this Court ,ismisse, the petition in %&R& No& 1)'818 an,
affirme, the assaie, ,e*ision of the C! in C!$%&R& S. No& (9)78& Caros fie, a
motion for the re*onsi,eration of the ,e*ision, but the Court ,enie, the sai, motion&
On De*ember 15, 1997, the respon,ents fie, a -otion in C!$%&R& CV No& '())9
for 1u,+ment on the atta*hment bon, poste, b4 Caros& 6he atter an, the SIDDCOR
oppose, the motion& 6he C! issue, a Resoution ,ate, 2une )7, 199= ren,erin+
1u,+ment on the atta*hment bon, as pra4e, for b4 the respon,ents& 6he fallo rea,s>
WHEREFORE, premises considered, $udgment is hereby rendered against the attachment bond,
ordering S3))"OR 3:SBR=:"E "OROR=*3O: and p!aintiff#appe!!ee to pay defendants#
appe!!ants, $oint!y and se%era!!y, the sum of (<,67,,<8-.-7, and (/C interest per annum from
June /;, (--. &hen the un!a&fu! garnishment &as effected unti! fu!!y paid and (,888,888.88 as
attorneys fees &ith .C interest thereon from the tria! courts decision on =pri! 7, (--. unti! fu!!y
paid.
:7;
On 2u4 )8, 199=, SIDDCOR fie, a -otion for Re*onsi,eration of the 2une )7,
199= Resoution of the C!& On !u+ust 8, 199=, the respon,ents fie, in C!$%&R& CV
No& '())9 a motion for imme,iate e?e*ution of the 2une )7, 199= Resoution, whi*h the
appeate *ourt +rante, over the opposition of Caros an, SIDDCOR per its Resoution
,ate, O*tober 17, 199=& 6he C! ,enie, the motion for re*onsi,eration of the
SIDDCOR an, he, that its resoution in C!$%&R& S. No& (9)78 ha, area,4 be*ome
fina an, e?e*utor4& 6he SIDDCOR, now the -e+a .a*ifi* Insuran*e Corporation
"-.IC#, fie, a motion for re*onsi,eration of its O*tober 17, 199= Resoution whi*h the
appeate *ourt ,enie, on De*ember )), 199=&
On -ar*h =, 1999, SIDDCOR fie, a petition for *ertiorari with this Court for the
nuifi*ation of the O*tober 17, 199= an, De*ember )), 199= Resoutions of the C!&
6he *ase was ,o*0ete, as %&R& No& 1(75('& SIDDCOR pra4e, therein that>
(5 *he instant etition for Re%ie& be gi%en due course2
/5 =fter due consideration, that the instant etition for Re%ie& be granted, re%ersing
and setting aside the Reso!utions of the Honorab!e "ourt of =ppea!s promu!gated by the Former
Specia! Fourth )i%ision of the Honorab!e "ourt of =ppea!s dated June /. and October (.,
(--7 in "=#D.R. "E :o. <6//- entit!ed Juan de )ios "ar!os %s. Fe!icidad Sando%a! Eda. )e
"ar!os, et al. insofar as it renders $udgment against the attachment bond issued by herein
etitioner S3))"OR 4no& MED= ="3F3"5 3:SBR=:"E "OROR=*3O: and ordering it to
pay the amount of (<,67,,<8-.-7, and (/C interest per annum from June /;, (--. &hen the
a!!eged un!a&fu! garnishment &as effected unti! fu!!y paid and (,888,888.88 as attorneys fees
&ith .C interest thereon from the tria! courts decision on =pri! 7, (-7. unti! fu!!y paid.
65 Other re!iefs $ust and e1uitab!e under the premises are simi!ar!y prayed for.
:8;
/or their part, the respon,ents fie, a motion, on -ar*h 18, 1999, in C!$%&R& CV
No& '())9 for the impementation of the appeate *ourt9s 2une )7, 199= Resoution on
the atta*hment bon,& 6he respon,ents9 motion *ontaine, the foowin+ pra4er>
WHEREFORE, it is most respectfu!!y prayed that the motion for contempt dated October 68,
(--7 be considered &ithdra&n, that the reso!ution dated October (., (--7 ordering the !o&er
court to issue the &rit of e9ecution be set aside, and directing the "!er0 of this )i%ision to issue a
&rit of e9ecution of the June /., (--7 reso!ution abo%e 1uoted.
:=;
On -a4 ', 1999, the C! issue, a Resoution +rantin+ the motion of the
respon,ents, thus>
PREMISES CONSIDERED, the motion to imp!ement the June /., (--7 reso!ution is
hereby GRANTED. *he motion for contempt dated October 68, (--7 is considered &ithdra&n,
the reso!ution dated October (., (--7 as far as ordering the !o&er court to issue a &rit of
e9ecution is set aside, and !et a &rit of e9ecution be issued on the June /., (--7 reso!ution,
&hose decreta! portion reads'
FWHEREFORE, premises considered, $udgment is hereby rendered against the attachment
bond, ordering SIDDCOR INSURANCE CORPORATION and p!aintiff#appe!!ee to pay
defendants#appe!!ants, $oint!y and se%era!!y, the sum of (<,67,,<8-.-7 and (/C interest per
annum from June /;, (--. &hen the un!a&fu! garnishment &as effected unti! fu!!y paid
and (,888,888.88 as attorneys fees &ith .C interest thereon from the tria! courts decision on
=pri! 7, (-7. unti! fu!!y paid.G
SO ORDERED.
[9]
6he C! aso resove, to ,esi+nate Ramon !baos as Spe*ia Sheriff& On -a4 )4,
1999, the respon,ents fie, a motion for the appointment of the Cit4 Sheriff of -ania or
his ,eput4 to enfor*e the 1u,+ment of the appeate *ourt on the atta*hment bon,& 6he
appeate *ourt +rante, the motion an, issue,, on -a4 )7, 1999, an amen,e, writ of
e?e*ution&
-eantime, on 2une 9, 1999, the Court issue, a Resoution in %&R& No& 1(75('
+rantin+ the pea of the SIDDCOR for the issuan*e of a temporar4 restrainin+ or,er
en1oinin+ the C! an, the Cit4 Sheriff of -ania from enfor*in+ its 1u,+ment on the
atta*hment bon,B an, to *omment on the petition& On the same ,a4, the Court issue, a
temporar4 restrainin+ or,er as pra4e, for b4 the SIDDCOR&
Nevertheess, on 2une 11, 1999, the SIDDCOR fie, in C!$%&R& CV No& '())9 a
motion for re*onsi,eration of the appeate *ourt9s Resoution ,ate, -a4 )7, 1999 an,
the writ of e?e*ution an, the amen,e, writ of e?e*ution issue, b4 it on -a4 )7, 1999&
On 2une 1', 1999, the SIDDCOR aso fie, a -otion to Re*a or Set !si,e the noti*e of
+arnishment issue, b4 the sheriff base, on the amen,e, writ of e?e*ution issue, b4 the
C!, as we as a motion to @uashAre*a writ of e?e*ution& On 2une )(, 1999, the C!
issue, a Resoution en1oinin+ the Cit4 Sheriff of -ania from enfor*in+ the writ of
e?e*utionA+arnishment so as not to ren,er the ,e*ision of this Court in %&R& No& 1(75('
moot an, a*a,emi*& 6he respon,ents fie, a *ounter$motion for *ontempt an,
,is*ipinar4 a*tion a+ainst the *ounse of the SIDDCOR for forum shoppin+& On 2u4 )7,
1999, the C! issue, a Resoution ,en4in+ the motions fie, b4 the SIDDCOR an,
+rantin+ the motion of the respon,ents& 6he appeate *ourt or,ere, the presi,ent of
the SIDDCOR, petitioner Ramon Baite, an, its *ounses, petitioners !tt4& /re,eri*0 ,e
Bor1a an, !tt4& 2ose 3eabres, to show *ause wh4 the4 shou, not be *ite, in *ontempt
of *ourt for forum shoppin+&
:15;
6he C! rue, that the Supreme Court ha, area,4
a*@uire, 1uris,i*tion over %&R& No& 1(75('B hen*e, it no on+er ha, 1uris,i*tion to
entertain an, resove the motions of the SIDDCOR for the settin+ asi,e of the -a4 )7,
1999 Resoution an, writ of e?e*ution issue, b4 it& 6he appeate *ourt he, that b4
fiin+ its motion in C!$%&R& CV No& '())9, the SIDDCOR an, its *ounse in,u+e, in
forum shoppin+& 6hus, the C! set asi,e its Resoution ,ate, 2une )(, 1999& 6he
,e*reta portion of the resoution rea,s>
WHEREFORE, the motion for reconsideration dated June ((, (--- and the motion to reca!! the
urgent motion to !iftAreca!! notice of garnishment dated June (<, (--- of S3))"OR 4no& Mega
acific5 3nsurance "orp. are hereby )E:3E) and the counter#motion of defendants#appe!!ants to
set aside reso!ution dated June /6, (--- is DR=:*E) and said reso!ution is hereby SE* =S3)E.
*he resident of S3))"OR 4no& Mega acific5 3nsurance "orp. and =ttys. Frederic0 M. de
@or$a and Jose ". ?eabres are hereby ordered to sho& cause &hy they shou!d not be he!d in
contempt of court and for said attorneys to sho& cause &hy no discip!inary action shou!d be
ta0en against them for forum shopping, &ithin ten 4(85 days from notice.
*he rep!y to garnishment dated May (6, (--- fi!ed by @anco Fi!ipino and the Manifestation
dated May (,, (--- fi!ed by rime @an0 to the effect that p!aintiff#appe!!ee Juan )e )ios "ar!os
has no account &ith said ban0s are hereby :O*E).
SO OR)ERE).
:11;
.etitioner Baite, the *urrent presi,ent of the SIDDCOR "now the -.IC# an,
Rho,ora -oraes, its past presi,ent, fie, a motion for the re*onsi,eration of the 2u4
)7, 1999 Resoution of the C!, *onten,in+ that the4 fie, their ur+ent motions to
iftAre*a noti*e of +arnishment issue, b4 the appeate *ourt on 2une 1', 1999 in or,er
to +ive the atter a *han*e to *orre*t itsef before pursuin+ other reme,ies& 6he4 aso
asserte, that their petition for review in %&R& No& 1(75(' invove, the summar4
1u,+ment of the C! on the atta*hment bon,B on the other han,, their two motions
sou+ht to prevent the C! from ren,erin+ an4 ,e*ision in %&R& No& 1(75(' moot an,
a*a,emi*, sin*e the Court ha, area,4 assume, 1uris,i*tion over their petition for
review& 6he4 aver that the4 mere4 informe, the C! that the Court ha, area,4 issue, a
temporar4 restrainin+ or,er, an, mere4 rea*te, to the ruin+ of the appeate *ourt in
favor of the respon,ents& Sin*e the4 mere4 wante, to prevent the C! from ren,erin+
nu+ator4 an4 ,e*ision of the Supreme Court in %&R& No& 1(75(' in favor of the
SIDDCOR, the4 shou, not be *ite, for *ontempt& !**or,in+ to the petitioners, it was
their ,ut4 to prote*t the ri+hts an, interest of the SIDDCOR from the appeate *ourt9s
usurpation of the Supreme Court9s 1uris,i*tion in %&R& No& 1(75('& 6he petitioners
*onten,e, that the appeate *ourt was partia to the *ounse of the respon,ents
be*ause it refuse, to *ite him in *ontempt of *ourt when the sai, *ounse fie, a motion
for imme,iate e?e*ution of the 1u,+ment of the appeate *ourt on the atta*hment bon,
,espite the pen,en*4 of the petition before this Court in %&R& No& 1(75('&
On November 4, 1999, the appeate *ourt issue, a Resoution ,en4in+ the motion>
H R=MO: @=?3*E, the resident of said "orporation and its !a&yers, FRE)ER3"> M. )E
@ORJ= and JOSE ". ?E=@RES, to pay a fine of (,888.88 each for contempt of court &ithin
fi%e 4<5 days from notice, and to impose upon the same !a&yers )e @or$a and ?eabres the
pena!ty of reprimand for forum shopping, on pain of harsher sanction in case of repetition.
:1);
6he petitioners now *ome to this Court on a petition for review on *ertiorari assaiin+
the 2une )(, 1999 an, November 4, 1999 Resoutions of the appeate *ourt, an, raise,
the *o+ent issue of whether the4 are +uit4 of forum shoppin+ an, *ontempt of *ourt for
fiin+ their 2une 11, 1999 motion to re*a or set asi,e writ of e?e*ution ,ate, -a4 )7,
1999, an, the ur+ent motion to iftAre*a noti*e of +arnishment issue, b4 the Cit4 Sheriff
of -ania pursuant to the amen,e, writ of e?e*ution issue, b4 the appeate *ourt& 6he
petitioners reiterate their ar+uments in their pea,in+s in the C!&
In their *omment on the petition, respon,ents /ei*i,a, Caros an, 6eofio Caros II,
the ,efen,ants$appeants in C!$%&R& CV No& '())9, *onten, that the reme,4 of the
petitioners from the writ of e?e*ution an, amen,e, writ of e?e*ution issue, b4 the C!
an, the noti*e of +arnishment of the sheriff was to se*ure from the Supreme Court in
%&R& No& 1(75(' a writ of preiminar4 man,ator4 in1un*tion, not a motion to iftAre*a the
sai, writ an, noti*e of +arnishment in the appeate *ourt& 6he4 aver that b4 see0in+
reief from the C!, the petitioners in,u+e, in forum shoppin+B hen*e, the4 are +uit4 of
*ontempt of *ourt&
<e +ive ,ue *ourse an, +rant the petition&
6here is forum shoppin+ when a part4 see0s to obtain reme,ies in an a*tion in one
*ourt, whi*h ha, area,4 been soi*ite,, an, in other *ourts an, other pro*ee,in+s in
other tribunas&
:1(;
In another *ase,
:14;
the Court rue, that forum shoppin+ is the a*t of
one part4 a+ainst another when an a,verse 1u,+ment has been ren,ere, in one forum,
of see0in+ another an, possib4 favorabe opinion in another forum other than b4 appea
or the spe*ia *ivi a*tion of *ertiorariB or the institution of two or more a*ts or
pro*ee,in+s +roun,e, on the same *ause on the supposition that one or the other *ourt
wou, ma0e a favorabe ,isposition& ! part4 shou, not be aowe, to present
simutaneous reme,ies in two ,ifferent forums for it ,e+ra,es an, wrea0s havo* to the
rue on or,er4 pro*e,ure&
:1';
! part4 ma4 avai of the reme,ies pres*ribe, b4 the Rues
of Court for the m4ria, reiefs from the *ourt& Cowever, su*h part4 is not free to resort to
them simutaneous4 or at his peasure or *apri*e& Su*h part4 must foow the se@uen*e
an, hierar*hi*a or,er in avaiin+ su*h reme,ies an, not resort to short*uts in pro*e,ure
or pa4in+ fast an, oose with the sai, rues&
:17;
/orum shoppin+, an a*t of mapra*ti*e, is
*onsi,ere, as trifin+ with the *ourts an, abusin+ their pro*esses& It is improper
*on,u*t an, ,e+ra,es the a,ministration of 1usti*e& If the a*t of the part4 or its *ounse
*ear4 *onstitutes wifu an, ,eiberate forum shoppin+, the same sha *onstitute ,ire*t
*ontempt, an, a *ause for a,ministrative san*tionsB as we as a +roun, for the
summar4 ,ismissa of the *ase with pre1u,i*e&
:18;
In this *ase, the C! issue, a resoution in C!$%&R& CV No& '())9 +rantin+ the
motion of the respon,ents "the ,efen,ants$appeants therein# for a 1u,+ment on the
atta*hment bon, fie, b4 Caros an, issue, b4 the SIDDCOR in the amount
of .)5,555,555& 6he C!, i0ewise, +rante,, on O*tober 17, 199=, the motion of the
respon,ents for the e?e*ution pen,in+ appea of the sai, 1u,+ment of the C! on the
atta*hment bon, on the ho,in+ of the C! that its 2une )7, 199= Resoution ha,
be*ome fina an, e?e*utor4& 6his impee, the petitioner to see0 reief from the Court b4
fiin+, on -ar*h 4, 1999, a petition for *ertiorari, ,o*0ete, as %&R& No& 1(75(', for the
nuifi*ation of the 2une )7, 199= an, O*tober 17, 199= Resoutions of the C! an, for a
temporar4 restrainin+ or,er an,Aor a writ of preiminar4 in1un*tion to en1oin the
enfor*ement of su*h resoutions pendente lite b4 the C! an, the respon,ents& Dpon
the time4 fiin+ b4 the petitioner of its petition an, the pa4ment of the re@uisite ,o*0et
an, other e+a fees therefor, the Court a*@uire, 1uris,i*tion over the petition&
Despite the 0nowe,+e of the fiin+ of the sai, petition with this Court, the
respon,ents fie, a motion for the imme,iate impementation of the 2une )7, 199=
1u,+ment of the C! on the atta*hment bon, on -ar*h 18, 1999 whi*h the C! +rante,
on -a4 ', 1999& 6he C! issue, a writ of e?e*ution an, an amen,e, writ of e?e*ution
,ire*tin+ the Sheriff of the Cit4 of -ania or his ,eput4 to enfor*e the writs issue, b4 the
C!, an,, thus, es*hewe, the pea of the petitioner for this Court to issue a temporar4
restrainin+ or,er or writ of preiminar4 in1un*tion a+ainst the respon,ents& Even after
the Court issue, a Resoution in %&R& No& 1(75(' on 2une 9, 1999 +rantin+ the pea of
the petitioner therein for a temporar4 restrainin+ or,er an, issue, the sai, writ on the
sai, ,ate, the Sheriff issue, a noti*e of +arnishment over the fun,s of the petitioner with
the .NB on 2une 1', 1999&
6he petitioner therein ha, the foowin+ reme,ies> "a# to fie a suppementa petition
impea,in+ the Cit4 Sheriff of -ania as part4 respon,ent an, assai the amen,e, writ of
atta*hment issue, b4 the C! an, the noti*e of +arnishment issue, b4 the Sheriff, an,
pra4 for an amen,e, temporar4 restrainin+ or,er en1oinin+ the respon,ents an, those
a*tin+ for an, in their behaf from impementin+ the assaie, resoutions of the C! as
we as the amen,e, writ of e?e*ution an, noti*e of +arnishmentB or "b# to fie a
manifestation an, omnibus motion in C!$%&R& CV No& '())9 remin,in+ the appeate
*ourt that the Court ha, a*@uire, 1uris,i*tion over its petition in %&R& No& 1(75(' an,
ha, issue, a temporar4 restrainin+ or,er en1oinin+ the enfor*ement of the assaie,
1u,+ment of the C!& 6he petitioner shou, have in*u,e, a pra4er therein for the C! to
respe*t an, *omp4 with the temporar4 restrainin+ or,er of the Court, an, to
@uashAre*a the amen,e, writ of e?e*ution it issue,, as we as the noti*e of
+arnishment issue, b4 the Sheriff pursuant to the amen,e, writ of e?e*ution& In *ase
the C! ,enie, the sai, motion, the petitioner *ou, sti fie the appropriate motion in this
Court to *ite the C! in *ontempt& B4 fiin+ the sai, motion in the C!, the petitioner
therein wou, thereb4 be +ivin+ the appeate *ourt an opportunit4 to *eanse itsef an,
to re*tif4 its errors& In fa*t, SIDDCOR was abe to se*ure a temporar4 restrainin+ or,er
from the Court in %&R& No& 1(75('& !s this Court rue, in International Container
Terminal Services, Inc. v. Court of Appeals>
:1=;
Moreo%er, FItJhere is forum shopping &hene%er, as a resu!t of an ad%erse opinion in one forum, a
party see0s a fa%orab!e opinion 4other than by appea! or certiorari5 in another.G *herefore, a
party to a case resorts to forum shopping because FIbJy fi!ing another petition in%o!%ing the same
essentia! facts and circumstances, 999, respondents approached t&o different fora in order to
increase their chances of obtaining a fa%orab!e decision or action.G 3t cannot be said that pri%ate
respondent FMani!a i!otsG sought to increase its chances of obtaining a fa%orab!e decision or
action as a resu!t of an ad%erse opinion in one forum, inasmuch as no unfa%orab!e decision had
e%er been rendered against pri%ate respondent FMani!a i!otsG in any of the cases brought before
the courts be!o&. On the contrary, pri%ate respondent FMani!a i!otsG &as one of the prevailing
parties in "i%i! "ase :o. 77#,,;/. &hich estab!ished &ith fina!ity its e9c!usi%e right together
&ith FBnited HarborG to pro%ide pi!otage ser%ices in the hi!ippines e%en prior to the institution
of the other actions 4D.R. (8;;/8, "i%i! "ase :o. -6#..8/, and "i%i! "ase :o. -6#..(,6.5
:19;
6hus, in fiin+ su*h manifestation an, omnibus motion in the C!, SIDDCOR, the
petitioner therein, wou, not have thereb4 en+a+e, in forum shoppin+& In this *ase,
SIDDCOR, thru *ounse, pre*ise4 pra4e, in its ur+ent motion to iftAre*a noti*e of
+arnishment for the C! to re*tif4 its errors in i+ht of the temporar4 restrainin+ or,er
issue, b4 this Court, as foows>
BRDE:* MO*3O: *O ?3F*ARE"=??
:O*3"E OF D=R:3SHME:*
Surety S3))"OR 4no& MED= ="3F3"5 3:SBR=:"E "OROR=*3O: 4FSuretyG for
bre%ity5, thru the undersigned counse!, unto this Honorab!e "ourt of =ppea!s, most respectfu!!y
states, that'
(5 On /. May (---, this Honorab!e "ourt issued an amended Writ of E9ecution commanding
the "ity Sheriff of Mani!a or his )eputy to enforce the same in accordance &ith its Reso!ution
dated June /., (--7 and May 8<, (---2
/5 ursuant thereto, Mr. Mario Ei!!anue%a, Sheriff of Mani!a, issued :otices of Darnishment
against the accounts of herein Surety &ith different ban0s2
65 On 8- June (---, the Honorab!e Supreme "ourt issued a Reso!ution granting Suretys
prayer for the issuance of a *emporary Restraining Order andAor Writ of re!iminary 3n$unction,
in D.R. :o. (6.86<, entit!ed S3))"OR 4no& MED= ="3F3"5 3nsurance "orporation %s.
Fe!icidad Sando%a! Eda. de "ar!os, et al., the dispositi%e portion of &hich reads'
FActing on the urgent motion of petitioner for the issuance of a temporary restraining order
and/or writ of preliminary injunction, the Court Resolved to: (a !RA"# the same$ and
(b %&&'( the #()*+RAR, R(&#RA%"%"! +R-(R prayed for effective as of this date and to
continue to be so effective during the entire period that the case is pending or until further
orders.. (underscoring ours.
H
R = K E R
=""OR)3:D?K, it is most respectfu!!y prayed of this Honorab!e "ourt that the :otices of
Darnishment issued by the Sheriff of Mani!a, Mr. Mario Ei!!anue%a, against the accounts of
herein Surety &ith different ban0s, @E ?3F*E) andAor RE"=??E) immediate!y.
Other re!iefs $ust and e1uitab!e are simi!ar!y prayed for.
RESE"*FB??K SB@M3**E) this (<
th
day of June (--- at the "ity of Ma0ati for Mani!a.
:)5;
SIDDCOR, i0ewise, appen,e, to its motion a *op4 of a temporar4 restrainin+ or,er
of the Court an, thus pra4e, that the C! resove to re*aAift the noti*e of +arnishment,
whi*h it ae+e, was issue, b4 the sheriff in ,efian*e of the temporar4 restrainin+ or,er
of the Court& Cowever, the C! *ite, the petitioners herein for *ontempt of *ourt& <hat
is so nettesome is that in its 2une )(, 1999 Resoution, the C! or,ere, the sheriff to
stop the enfor*ement of the writ of e?e*ution an,Aor +arnishment so as not to preempt
the a*tion of the Court on the petition in %&R& No& 1(75('>
"onsidering the FMotion to LuashAReca!! Writ of E9ecutionG fi!ed by S3))"OR 3nsurance
"orporation 4no& Mega acific 3nsurance "orporation5, defendants#appe!!ants are hereby
ordered to fi!e their comment thereto &ithin F3F*EE: 4(<5 )=KS from receipt of notice, after
&hich, the said motion is submitted for reso!ution &ith or &ithout said comment.
3n the meantime, in order not to pre#empt the action of the "ourt on the motion and considering
further the petition fi!ed by the Surety, Mega acific 3nsurance "orporation, before the Supreme
"ourt and the re!iefs prayed for therein, the "ity Sheriff of Mani!a or his deputies are hereby
directed to temporari!y stay the enforcement of the Writ of E9ecution andAor Darnishment unti!
further order from this "ourt.
:)1;
6he C! even *orre*t4 rue, in its 2u4 )7, 1999 Resoution that>
)efendants#appe!!ants a!so submit that since the Supreme "ourt has ac1uired $urisdiction o%er
ItheJ June /., (--7 and October (., (--7 reso!utions by %irtue of the petition for re%ie& on
certiorari in D.R. :o. (6.86< fi!ed by S3))"OR to set aside said reso!utions, this "ourt has !ost
$urisdiction o%er the same2 hence, it has no more $urisdiction to entertain the present motion
see0ing the same ob$ecti%e and issue the reso!ution dated June /6, (---.
*his is &e!! ta0en.
FWhen an appea! is perfected, the action is &ithin the contro! of the appe!!ate court and the !o&er
court can not undo or modify the proceeding by &hich such $urisdiction is obtained 4ort @anga
?umber "o. %s. E9port M 3mport ?umber "o., /7 hi!. <5.
F=s soon as the appea! is perfected, the $urisdiction of the appe!!ate court attached, and that of
the tria! court ceases, as far as the sub$ect matter of the appea! is concerned 4, ".J.S. (87-5G 4%%%
/rancisco, Revised Rules of Court, Civil *rocedure, p. 0125.
:));
!n, 4et, the C! too0 *o+niEan*e of an, +rante, the -ar*h 18, 1999 an, -a4 )4,
1999 motions of the respon,ents for the imme,iate impementation of its 2une )7, 199=
Resoution on the atta*hment bon,, an, for the appointment of the Cit4 Sheriff of -ania
to enfor*e the writ of e?e*ution as we as the amen,e, writ of e?e*ution issue, b4 it on
-a4 )7, 199=, ,espite the fiin+ b4 the petitioner of its petition in %&R& No& 1(75(' an,
the pen,en*4 thereof&
It behoove, the C! not to ta0e *o+niEan*e of the sai, motions of the respon,ents
or, at the ver4 east, ho, the resoution thereof in abe4an*e pen,in+ the fina ,isposition
b4 this Court of %&R& No& 1(75('& 6he C! ,i, not ,o so& <orse, ,espite its a*0 of
1uris,i*tion, the C! +rante, the sai, motions of the respon,ents& !n, when the
petitioners pra4e, that the C! re*tif4 its error to pa4 obeisan*e to the temporar4
restrainin+ or,er of this Court in %&R& No& 1(75(' b4 re*ain+Aiftin+ the amen,e, writ of
e?e*ution an, a noti*e of +arnishment as it ou+ht to, the appeate *ourt turne, a ,eaf
ear to su*h pea an, even *ite, the petitioners herein, the presi,ent an, *ounse of the
petitioner SIDDCOR, in *ontempt of *ourt an, fine, them .1,555 ea*h& B4 so ,oin+,
the C! a*te, with the +ravest abuse of its ,is*retion amountin+ to a*0 or e?*ess of
1uris,i*tion& Cen*e, the Court is *onstraine, to rue that the assaie, resoutions issue,
b4 the appeate *ourt are nu an, voi,&
IN LIG'T O$ ALL T'E $OREGOING, the petition is %R!N6ED& 6he assaie,
Resoution of the Court of !ppeas ,ate, November 4, 1999 is hereb4 !NND33ED !ND
SE6 !SIDE& No *osts&
SO OR%ERE%.
Puno, (Chairman), Austria-Martine, Tin!a an, Chico-"aario, ##., *on*ur
:1;
Re*or,s, p& '9&
:);
Id& at ''($'''&
:(;
Id& at 894&
:4;
Id& at 89'&
:';
Id& at 1555$1551&
:7;
$ollo, pp& 18$1=&
:8;
Id& at 87$88&
:=;
Id& at (=&
:9;
Id& at 4($44&
:15;
Id& at '8$75&
:11;
Id& at '9$75&
:1);
Id& at (4&
:1(;
M% &inance Corporation v. A'esamis, 19' SCR! '9) "1991#&
:14;
(rti!as v. )elasco, )(4 SCR! 4'' "1998#&
:1';
&irst Philippine International %an* v. Court of Appeals, )') SCR! )'9 "1997#&
:17;
+atma,tan v. Court of Appeals, )78 SCR! 4== "1998#&
:18;
Se*tion ', Rue 8 of the Rues of Court, as amen,e,&
:1=;
)49 SCR! (=9 "199'#&
:19;
Id& at (9'$(97&
:)5;
$ollo, pp& 9'$97&
:)1;
Id& at ''&
:));
Id& at '9&