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Philippine Supreme Court Jurisprudence > Year 2015 > March 2015 Decisions > G.R. No. 203240, March 18,
2015 - NORTHERN ISLANDS, CO., INC., Petitioner, v. SPOUSES DENNIS AND CHERYLIN* GARCIA, DOING
BUSINESS UNDER THE NAME AND STYLE “ECOLAMP MULTI RESOURCES,”, Respondents.:
G.R. No. 203240, March 18, 2015 - NORTHERN ISLANDS, CO., INC., Petitioner, v. SPOUSES DENNIS AND
ChanRobles On-Line Bar Review CHERYLIN* GARCIA, DOING BUSINESS UNDER THE NAME AND STYLE “ECOLAMP MULTI RESOURCES,”,
Respondents.
FIRST DIVISION
NORTHERN ISLANDS, CO., INC., Petitioner, v. SPOUSES DENNIS AND CHERYLIN* GARCIA,
DOING BUSINESS UNDER THE NAME AND STYLE “ECOLAMP MULTI RESOURCES,”, Respondents.
DECISION
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari1 are the Decision2 dated January 19, 2012 and the
Resolution3 dated August 24, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 97448, ordering the
Regional Trial Court of Quezon City, Branch 215 (RTC) to appoint a commissioner to determine the value
of the attached properties of respondents Spouses Dennis and Cherylin Garcia (respondents), and to
discharge any excessive attachment found thereby.
The Facts
DebtKollect Company, Inc. On September 23, 2005, petitioner Northern Islands Co., Inc. (petitioner) filed a Complaint4 with
application for a writ of preliminary attachment, before the RTC against respondents, docketed as Civil
Case No. Q-05-53699 (Main Case), which was subsequently amended5 on October 25, 2005.6 It alleged
that: (a) from March to July 2004, petitioner caused the delivery to respondents of various appliances in
the aggregate amount of P8,040,825.17;7 (b) the goods were transported, shipped, and delivered by
Sulpicio Lines, Inc., and were accepted in good order and condition by respondents’ representatives;8 (c)
the parties agreed that the goods delivered were payable within 120 days, and that the unpaid amounts
would earn interest at a rate of eighteen percent (18%) per annum;9 (d) however, the value of the goods
were not paid by respondents despite repeated demands;10 and (e) respondents fraudulently asserted
that petitioner had no proof that they had indeed received the quantity of the subject goods.11
In connection with the application for a writ of preliminary attachment, petitioner posted a bond, through
Visayan Surety and Insurance Corporation, in the amount of ?8,040,825.17. On November 7, 2005, the
RTC issued the writ sought for.12
Instead of filing an answer, respondents filed on November 11, 2001, an Urgent Motion for Extension of
Time to File Proper Pleading and Motion for Discovery (Production and Inspection)13 (November 11, 2001
Motion), asking the RTC to allow them to photocopy and personally examine the original invoices,
delivery cargo receipts, and bills of lading attached to the Amended Complaint, claiming that they could
ChanRobles Intellectual Property not “come up with an intelligent answer” without being presented with the originals of such documents.14
Division
Thereafter, or on January 11, 2006, respondents filed a Motion to Discharge Excess Attachment,15
alleging that the attachment previously ordered by the RTC exceeded by P9,232,564.56 given that the
estimated value of the attached properties, including the garnished bank accounts, as assessed by their
appraiser, Gaudioso W. Lapaz (Lapaz), amounted to P17,273,409.73, while the attachment bond is only
in the amount of P8,040,825.17.16
In an Order17 dated February 28, 2006, the RTC denied the November 11, 2001 Motion, and, instead,
directed respondents to file their answer, which the latter complied with through the filing of their Answer
Ad Cautelam Ex Abudante with Compulsory Counterclaim18 on April 3, 2006. Despite this, respondents
again filed a Motion for Leave of Court to File Motion for Discovery (Production and Inspection)19 (Motion
for Discovery) on April 7, 2006.20
In an Order21 dated June 21, 2006, the RTC, among others, denied the Motion to Discharge Excess
Attachment, finding that the appraisal made by Lapaz was not reflective of the true valuation of the
properties, adding too that the bond posted by petitioner stands as sufficient security for whatever
damages respondents may sustain by reason of the attachment.22
On the other hand, the RTC granted the Motion for Discovery in accordance with Rule 27 of the Rules of
Court, despite petitioner’s claim that it did not have the originals of the documents being sought.23
However, no production or inspection was conducted on July 10, 2006 as the RTC directed since
respondents received the copy of the above order only on July 11, 2006.24
On July 25, 2006, respondents filed a Motion for Partial Reconsideration of the Order dated June 21,
2006, specifically assailing the denial of their Motion to Discharge Excess Attachment. In this relation,
they prayed that the RTC refer to a commissioner, pursuant to Rule 32 of the Rules of Court, the factual
determination of the total aggregate amount of respondents’ attached properties so as to ascertain if the
attachment was excessive. Also, they prayed that the order for production and inspection be modified
and that petitioner be ordered to produce the original documents anew for their inspection and copying.
25
The foregoing motion was, however, denied by the RTC in an Order26 dated August 23, 2006 for lack of
merit. Thus, respondents elevated the matter to the CA via petition for certiorari and mandamus,27
docketed as CA-G.R. SP No. 97448 (Certiorari Case).
March-2015 Jurisprudence
In the interim, the RTC rendered a Decision28 dated September 21, 2011 in the Main Case. Essentially, it
A.C. No. 7158, March 09, 2015 - YOLANDA A. dismissed petitioner’s Amended Complaint due to the absence of any evidence to prove that respondents
ANDRES, MINETTE A. MERCADO, AND ELITO P.
ANDRES , Complainants, v. ATTY. SALIMATHAR V. had agreed to the pricing of the subject goods.29
NAMBI, Respondent.
The RTC’s September 21, 2011 Decision was later appealed30 by petitioner before the CA on October 27,
A.C. No. 5816, March 10, 2015 - DR. ELMAR O. 2011. Finding that the Notice of Appeal was seasonably filed, with the payment of the appropriate docket
PEREZ, Complainant, v. ATTY. TRISTAN A. CATINDIG fees, the RTC, in an Order31 dated January 25, 2012, ordered the elevation of the entire records of the
AND ATTY. KAREN E. BAYDO, Respondents. Main Case to the CA. The appeal was then raffled to the CA’s Eighth Division, and docketed as CA-G.R.
G.R. No. 211497, March 18, 2015 - HOCHENG CV No. 98237. On the other hand, records do not show that respondents filed any appeal.32
PHILIPPINES CORPORATION, Petitioner, v. ANTONIO
M. FARRALES, Respondent. The CA Ruling in the Certiorari Case
G.R. No. 190828, March 16, 2015 - ONOFRE V. Meanwhile, the CA, in a Decision33 dated January 19, 2012, partly granted the certiorari petition of
MONTERO, EDGARDO N. ESTRAÑERO, RENING P. respondents, ordering the RTC to appoint a commissioner as provided under Rule 32 of the Rules of
PADRE, GABRIEL A. MADERA, HERMINIO T. TACLA, Court as well as the subsequent discharge of any excess attachment if so found therein, and, on the
NELSON C. VILORIA, DEMETRIO Q. PAJARILLO,
other hand, denying respondents’ Motion for Discovery.34
ALFREDO R. AGANON, REYNALDO AVILA, ALBERT T.
RUIZ, NESTOR Y. YAGO, HARTY M. TUPASI, AGUSTIN
R. AVILA, JR. OR MARCOS R. AVILA, BONIFACIO B. It held that: (a) on the issue of attachment, trial by commissioners under Rule 32 of the Rules of Court
GAANO, JOSELITO D. CUENTA, JONAS P. ESTILONG, was proper so that the parties may finally settle their conflicting valuations;35 and (b) on the matter of
DOMINADOR C. CANARIA, GENARO C. RONDARIS, discovery, petitioner could not be compelled to produce the originals sought by respondents for
HERARDO M. DULAY, FRANKLIN A. RAVINA, JR., AND inspection since they were not in the former’s possession.36
RUBEN C. CABELLO, Petitioners, v. TIMES
TRANSPORTATION CO., INC., AND SANTIAGO
RONDARIS, MENCORP TRANSPORT SYSTEMS, INC., Aggrieved, petitioner filed a Motion for Partial Reconsideration37 on February 13, 2012 but was, however,
VIRGINIA R. MENDOZA AND REYNALDO MENDOZA, denied in a Resolution38 dated August 24, 2012, hence, the present petition.
Respondents.
The Issues Before the Court
A.C. No. 7593, March 11, 2015 - ALVIN S.
FELICIANO, Complainant, v. ATTY. CARMELITA The issues presented for the Court’s resolution are: (a) whether the RTC had lost jurisdiction over the
BAUTISTA-LOZADA, Respondents. matter of the preliminary attachment after petitioner appealed the decision in the Main Case, and
thereafter ordered the transmittal of the records to the CA; and (b) whether the CA erred in ordering the
G.R. No. 195661, March 11, 2015 - UNKNOWN appointment of a commissioner and the subsequent discharge of any excess attachment found by said
OWNER OF THE VESSEL M/V CHINA JOY, SAMSUN
commissioner.
SHIPPING LTD., AND INTER-ASIA MARINE
TRANSPORT, INC., Petitioners, v. ASIAN TERMINALS,
INC., Respondent. The Court’s Ruling
A.C. No. 5914, March 11, 2015 - SPOUSES ROGELIO The petition is meritorious.
AMATORIO AND AIDA AMATORIO, Complainants, v.
ATTY. FRANCISCO DY YAP AND ATTY. WHELMA F. Section 9, Rule 41 of the Rules of Court provides that in appeals by notice of appeal, the court loses
SITON-YAP, Respondents. jurisdiction over the case upon the perfection of the appeals filed in due time and the
expiration of the time to appeal of the other parties.
G.R. No. 215630, March 09, 2015 - METROGUARDS
SECURITY AGENCY CORPORATION (FORMERLY In this case, petitioner had duly perfected its appeal of the RTC’s September 21, 2011 Decision resolving
KNOWN AS BEEGUARDS CORPORATION) AND MS. the Main Case through the timely filing of its Notice of Appeal dated October 27, 2011, together with the
MILAGROS T. CHAN, Petitioners, v. ALBERTO N.
HILONGO, Respondent. payment of the appropriate docket fees. The RTC, in an Order39 dated January 25, 2012, had actually
confirmed this fact, and thereby ordered the elevation of the entire records to the CA. Meanwhile, records
G.R. No. 199113, March 18, 2015 - RENATO M. do not show that respondents filed any appeal, resulting in the lapse of its own period to appeal
DAVID, Petitioner, v. EDITHA A. AGBAY AND PEOPLE therefrom. Thus, based on Section 9, Rule 41, it cannot be seriously doubted that the RTC had already
OF THE PHILIPPINES, Respondents. lost jurisdiction over the Main Case.
G.R. No. 205300, March 18, 2015 - FONTERRA With the RTC’s loss of jurisdiction over the Main Case necessarily comes its loss of jurisdiction over all
BRANDS PHILS., INC., Petitioner, v. LEONARDO1 matters merely ancillary thereto. Thus, the propriety of conducting a trial by commissioners in order to
LARGADO AND TEOTIMO ESTRELLADO, Respondents. determine the excessiveness of the subject preliminary attachment, being a mere ancillary matter to the
Main Case, is now mooted by its supervening appeal in CA-G.R. CV No. 98237.
G.R. No. 206019, March 18, 2015 - PHILIPPINE
NATIONAL BANK, Petitioner, v. COMMISSIONER OF
Note that in Sps. Olib v. Judge Pastoral,40 the Court, in view of the nature of a preliminary attachment,
INTERNAL REVENUE, Respondent. definitively ruled that the attachment itself cannot be the subject of a separate action independent of the
principal action because the attachment was only an incident of such action, viz.:
G.R. No. 204757, March 17, 2015 - ATTY. JANET D.
NACION, Petitioner, v. COMMISSION ON AUDIT, MA.
GRACIA PULIDO-TAN, JUANITO ESPINO AND HEIDI Attachment is defined as a provisional remedy by which the property of an adverse party is
MENDOZA, Respondents. taken into legal custody, either at the commencement of an action or at any time
thereafter, as a security for the satisfaction of any judgment that may be recovered by the
G.R. No. 187836, March 10, 2015 - SOCIAL JUSTICE
plaintiff or any proper party.
SOCIETY (SJS) OFFICERS, NAMELY, SAMSON S.
ALCANTARA, AND VLADIMIR ALARIQUE T. CABIGAO,
Petitioners, v. ALFREDO S. LIM, IN HIS CAPACITY AS It is an auxiliary remedy and cannot have an independent existence apart from the main
MAYOR OF THE CITY OF MANILA, Respondent.; G.R. suit or claim instituted by the plaintiff against the defendant. Being merely ancillary to a
No. 187916 - JOSE L. ATIENZA, JR., BIENVINIDO M. principal proceeding, the attachment must fail if the suit itself cannot be
ABANTE, MA. LOURDES M. ISIP-GARCIA, RAFAEL P. maintained as the purpose of the writ can no longer be justified.
BORROMEO JOCELYN DAWIS-ASUNCION, MINORS
MARIAN REGINA B. TARAN, MACAILA RICCI B. The consequence is that where the main action is appealed, the attachment which may
TARAN, RICHARD KENNETH B. TARAN, REPRESENTED have been issued as an incident of that action, is also considered appealed and so also
AND JOINED BY THEIR PARENTS RICHARD AND removed from the jurisdiction of the court a quo. The attachment itself cannot be the
MARITES TARAN, MINORS CZARINA ALYSANDRA C. subject of a separate action independent of the principal action because the
RAMOS, CEZARAH ADRIANNA C. RAMOS, AND
CRISTEN AIDAN C. RAMOS REPRESENTED AND attachment was only an incident of such action.41 (Emphases supplied)
JOINED BY THEIR MOTHER DONNA C. RAMOS,
MINORS JAZMIN SYLLITA T. VILA AND ANTONIO T.
CRUZ IV, REPRESENTED AND JOINED BY THEIR That being said, it is now unnecessary to discuss the other issues raised herein. In fine, the petition is
MOTHER MAUREEN C. TOLENTINO, Petitioners, v. granted and the assailed CA rulings are set aside.
MAYOR ALFREDO S. LIM, VICE MAYOR FRANCISCO
DOMAGOSO, COUNCILORS ARLENE W. KOA, MOISES WHEREFORE, the petition is GRANTED. The Decision dated January 19, 2012 and the Resolution dated
T. LIM, JESUS FAJARDO LOUISITO N. CHUA, August 24, 2012 of the Court of Appeals in CA-G.R. SP No. 97448 are hereby SET ASIDE.
VICTORIANO A. MELENDEZ, JOHN MARVIN C. NIETO,
ROLANDO M. VALERIANO, RAYMUNDO R. YUPANGCO, SO ORDERED.
EDWARD VP MACEDA, RODERICK D. VALBUENA,
JOSEFINA M. SISCAR, SALVADOR PHILLIP H.
Leonardo-De Castro, (Acting Chairperson),** Bersamin, Perez, Perlas-Bernabe, and Jardeleza,*** JJ.,
LACUNA, LUCIANO M. VELOSO, CARLO V. LOPEZ,
ERNESTO F. RIVERA,1 DANILO VICTOR H. LACUNA, concur.
JR., ERNESTO G. ISIP, HONEY H. LACUNA-PANGAN,
ERNESTO M. DIONISO, JR. AND ERICK IAN O. NIEVA,
Respondents.; CHEVRON PHILIPPINES INC., PETRON Endnotes:
CORPORATION AND PILIPINAS SHELL PETROLEUM
CORPORATION, Intervenors.
* “Cherrylyn” and “Cherilyn” in some parts of the rollo.
G.R. No. 187606, March 09, 2015 - NORMA V.
JAVATE, Petitioner, v. SPOUSES RENATO J. TIOTUICO ** Per Special Order No. 1946 dated March 12, 2015.
AND LERMA C. TIOTUICO, Respondents.
*** Designated Additional Member per Special Order No. 1952 dated March 18, 2015.
G.R. No. 207133, March 09, 2015 - SWIRE REALTY
DEVELOPMENT CORPORATION, Petitioner, v. JAYNE
1Rollo, pp. 3-23.
YU, Respondent.
G.R. No. 207747, March 11, 2015 - SPOUSES CHIN 2 Id. at 29-47. Penned by Associate Justice Romeo F. Barza with Associate Justices Noel G.
KONG WONG CHOI AND ANA O. CHUA, Petitioners, v. Tijam and Edwin D. Sorongon concurring.
UNITED COCONUT PLANTERS BANK, Respondent.
3 Id. at 49-50. Penned by Associate Justice Romeo F. Barza with Associate Justices Noel G.
G.R. No. 209383, March 11, 2015 - SEACREST
MARITIME MANAGEMENT, INC., ROLANDO B. Tijam and Edwin D. Sorongon concurring.
MAGCALE, AND SEALION SHIPPING LIMITED –
UNITED KINGDOM, Petitioners, v. MAURICIO G. 4 Not attached to the rollo.
PICAR, JR., Respondent.
5 See Amended Complaint (with Ex Parte Application for Issuance of Writ of Preliminary
G.R. No. 183511, March 25, 2015 - REPUBLIC OF Attachment) dated October 17, 2002; rollo, pp. 82-89.
THE PHILIPPINES, Petitioner, v. EMETERIA G.
LUALHATI, Respondent. 6 Id. at 30.
A.C. No. 10679, March 10, 2015 - PO1 JOSE B.
CASPE, Complainant, v. ATTY. AQUILINO A. MEJICA, 7 Id. at 83.
Respondent.
8 Id.
G.R. No. 203774, March 11, 2015 - CARGILL
PHILIPPINES, INC., Petitioner, v. COMMISSIONER OF 9 Id.
INTERNAL REVENUE, Respondent.
G.R. No. 198024, March 16, 2015 - PEOPLE OF THE 10 Id. at 84.
PHILIPPINES, Plaintiff-Appellee, v. RAFAEL
CUNANAN Y DAVID ALIAS “PAENG PUTOL”, Accused- 11 Id. at 86.
Appellant.
12 Id. at 30-31.
G.R. No. 212054, March 11, 2015 - ST. LUKE’S
MEDICAL CENTER, INC., Petitioner, v. MARIA
THERESA V. SANCHEZ, Respondent. 13 Not attached to the rollo.
G.R. No. 209843, March 25, 2015 - TAIWAN KOLIN 29 Id. at 72.
CORPORATION, LTD., Petitioner, v. KOLIN
ELECTRONICS CO., INC., Respondent. 30 Dated October 24, 2011. Id. at 267-269.
G.R. No. 203655, March 18, 2015 - SM LAND, INC.,
Petitioner, v. BASES CONVERSION AND 31 Id. at 81 and 271.
DEVELOPMENT AUTHORITY AND ARNEL PACIANO D.
CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS 32 Id. at 10.
PRESIDENT AND CEO OF BCDA, Respondents.
33 Id. at 29-47.
G.R. No. 209227, March 25, 2015 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. CHARLIE
OROSCO, Accused-Appellant. 34 Id. at 46.
G.R. No. 205469, March 25, 2015 - BPI FAMILY 35 See id. at 41-42.
SAVINGS BANK, INC., Petitioner, v. ST. MICHAEL
MEDICAL CENTER, INC., Respondent. 36 See id. at 45-46.
OCA IPI NO. 14-220-CA-J, March 17, 2015 - RE:
COMPLAINT DATED JANUARY 28, 2014 OF 37 Dated February 6, 2012. Id. at 51-60.
WENEFREDO PARREÑO, ET AL., AGAINST HON. CELIA
C. LIBREA-LEAGOGO, HON. ELIHU A. YBAÑEZ AND 38 Id. at 49-50.
HON. AMY C. LAZARO-JAVIER, ASSOCIATE JUSTICES
OF THE COURT OF APPEALS, RELATIVE TO CA G.R. SP 39
NO. 108807 See id. at 81 and 271.
G.R. No. 206381, March 25, 2015 - PEOPLE OF THE 40 266 Phil 762 (1990).
PHILIPPINES, Plaintiff-Appellee, v. DANIEL MATIBAG
Y DE VILLA @ “DANI” OR “DANILO,” Accused- 41 Id. at 766-767.
Appellant.
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