Professional Documents
Culture Documents
179878
DECISION
CHICO-NAZARIO, J.:
Whats sauce for the goose is sauce for the
gander.
This is a Petition for Review on Certiorari seeking
the reversal of the Resolutions1 of the Court of
Appeals dated 23 May 2007 and 16 August 2007,
respectively, in CA-G.R. SP No. 02651 outrightly
dismissing the Petition forCertiorari filed by
petitioner Negros Oriental Planters Association,
Inc. (NOPA) against private respondent Aniceto
Manojo Campos (Campos).
On 17 March 1999, Campos filed a Complaint for
Breach of Contract with Damages, docketed as
Civil Case No. 99-10773, against NOPA before the
Regional Trial Court (RTC) of Negros Occidental,
Bacolod City. According to the Complaint, Campos
and NOPA entered into two separate contracts
denominated as Molasses Sales Agreement.
Campos allegedly paid the consideration of the
Molasses Sales Agreement in full, but was only
able to receive a partial delivery of the molasses
because of a disagreement as to the quality of
the products being delivered.
On 17 August 2005, more than six years after
NOPA filed its Answer, NOPA filed a Motion to
Dismiss on the ground of an alleged failure of
Campos to file the correct filing fee. According to
NOPA, Campos deliberately concealed in his
Complaint the exact amount of actual damages
by opting to estimate the value of the
unwithdrawn molasses in order to escape the
payment of the proper docket fees.
On 30 June 2006, the RTC issued an Order
denying the Motion to Dismiss. NOPA received
this Order on 17 July 2006.
ARGUMENTS
1. The requirement that a pleading be
verified is merely formal and not
OF
TEMPORARY
AND
NON-FORUM
SHOPPING
I, SISENANDO S. SINGSON, subscribing under
oath do hereby depose and say that:
1. I am the plaintiff in the above-entitled case;
2. I caused the preparation of the foregoing
Complaint For Annulment of Sheriffs
Foreclosure/Certificate of Sale and Damages with
Prayer for Issuance of Preliminary
Injunction/Temporary Restraining Order;
3. Pursuant to Supreme Court Administrative
Circular No. 04-94, I hereby certify that plaintiff
has not therefore commenced any other action or
proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any
other tribunal or agency, and to the best of my
knowledge, no such action or proceeding is
II.
IV.
ZOSIMO
GODINEZ, ELIZABETH G.R. No. 15
GODINEZ and EDWIN GODINEZ,
Petitioners,
Promulgated
- versus
THE COURT OF APPEALS, HON. February 15,
OSCAR G. TIROL in his capacity As
Presiding
Judge,
Regional
Trial
Court, Branch 1, Tagum City, Davao
del Norte, and DELFINA VILLAGE
SUBDIVISION
HOMEOWNERS
ASSOCIATION,
Respondents.
x --------------------------------------------------------------------------DECISION
SANDOVAL-GUTIERREZ, J.:
docketed
as
Special
Case
No.
their
residential
house
village
located
has
been
to
ensure
respondents
procedural rules.
compliance
with
the
motion
for
Petitioners
timely
filed
their
[2]
dated June
processes
or
pleadings
and
their
forms
or
reconsideration
Order
delay.[5]
of
the
trial
courts
incorporation
to
sue,
and
directed
by-laws. In
respondent
their
to
answer,
amend
its
complaint
anew
by
attaching
thereto
the
necessary documents.
attaching
the
required
supporting
cause
of
action. Nor
was
its
action
WHEREFORE,
the
designation
of
respondent
as
proper
we DENY the
petitioners.
SO ORDERED.
petition