Rule 63
Rule 63
CHICO-NAZARIO, J.:
This petition for Declaratory
Relief, Certiorari, Prohibition With Prayer
For Provisional Remedy filed by
petitioners Augusto Mangahas and
Marilou Verdejo seeks to nullify and set
aside the 14 February 2003 Order of the 1
712
712 SUPREME COURT REPORTS ANNOTATED
Mangahas vs. Paredes
1. 1)To vacate the lot in question by removing their houses erected thereat and restore
possession of the lot to the plaintiff;
2. 2)To pay plaintiff a reasonable compensation for their use of the premises for the
period from August, 1996 until the property is vacated at the rate of two thousand
(P2,000.00) pesos per month;
3. 3)To reimburse to plaintiff the sum of ten thousand (P10,000.00) pesos as and for
attorney’s fees; [and]
4. 4)To pay the costs of this suit.”
2
714
714 SUPREME COURT REPORTS ANNOTATED
Mangahas vs. Paredes
3Penned by Associate Justice Bienvenido L. Reyes with Associate Justices Roberto A. Barrios and
Edgardo F. Sundiam, concurring; id., at pp. 170-176.
715
VOL. 515, FEBRUARY 14, 2007 715
Mangahas vs. Paredes
4 Rubenito v. Lagata, G.R. No. 140959, 21 December 2004, 447 SCRA 417, 423-424.
5 Id.
6 Id.
7 Id.
8 Allied Broadcasting Center, Inc. v. Republic, G.R. No. 91500, 18 October 1990, 190 SCRA 782, 786.
716
716 SUPREME COURT REPORTS ANNOTATED
Mangahas vs. Paredes
9 Vda. de Aviles v. Court of Appeals, G.R. No. 95748, 21 November 1996, 264 SCRA 473, 482.
10 Id., at p. 177.
717
VOL. 515, FEBRUARY 14, 2007 717
Mangahas vs. Paredes
(Malaoan vs. Court of Appeals, 232 SCRA 249), but under Sec. 18, it may be limited to the
territorial area of the branch in which the judges sits (OCA vs. Matas, August 2, 1995, 247
SCRA 9).
Sec. 18 of B.P. 129 states:
“Sec. 18. Authority to define territory appurtenant to each branch.—The Supreme Court shall define
the territory over which a branch of the Regional Trial Court shall exercise its authority. The territory
thus defined shall be deemed to be the territorial area of the branch concerned for purposes of
determining the venue of all suits, proceedings or actions, whether civil or criminal, as well as
determining the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts over which the said branch may exercise appellate jurisdiction. x x x”
Taking Our bearings from the above pronouncement, the Regional Trial Court of
Caloocan City could not be deemed to have committed a reversible error when it denied the
petitioners’ Motion to Suspend Proceedings. Apparently, the extent of the enforceability of
an injunction writ issued by the Regional Trial Court is defined by the territorial region
where the magistrate presides.’ 11
718
718 SUPREME COURT REPORTS ANNOTATED
Mangahas vs. Paredes
14 Pio Barretto Realty Development Corporation v. Court of Appeals, G.R. No. 132362, 28 June
2001, 360 SCRA 127, 138.
15 G.R. No. 141209, 17 September 2001, 365 SCRA 384, 396.
16 Fideldia v. Songcuan, G.R. No. 151352, 29 July 2005, 465 SCRA 218, 226-227.
719
VOL. 515, FEBRUARY 14, 2007 719
Mangahas vs. Paredes
there is no reason to vacate the writ of
execution issued by the RTC.
WHEREFORE, the petition is DENIED.
The Order of the Regional Trial Court,
Branch 124, Caloocan City, denying
petitioners’ Motion to Supend Execution
dated 14 February 2003 in Civil Case No.
C-19097 is AFFIRMED. Costs against
petitioners.
SO ORDERED.
Ynares-Santiago(Chairp
erson), Austria-Martinez and Callejo, Sr.,
JJ., concur.
Nachura, J., On Leave.
Petition denied.
Notes.—A resolution dismissing a
petition for being moot and academic after
“considering the pleadings and the
annexes together with the Comment filed
by the successor of respondent mayor”
resolves the issues raised in the pleadings,
and upon attaining finality, becomes the
law of the case and constitutes a bar to
any relitigation of the same issues in any
other proceeding under the principle of res
judicata. (Rosete vs. Court of Appeals, 264
SCRA 147 [1996])
Whether or not the “law of the case” is
erroneous is immaterial—it still remains
to be the “law of the case.” (Huerta Alba
Resort, Inc. vs. Court of Appeals, 339
SCRA 534 [2000])
——o0o——
92 SUPREME COURT REPORTS ANNOTATED
Tambunting, Jr. vs. Sumabat
1 Velarde v. Social Justice Society, G.R. No. 159357, 28 April 2004, 428 SCRA 283.
2 Manila Electric Company v. Philippine Consumers Foundation, Inc., 425 Phil. 65; 374 SCRA
262(2002).
3 Id.
4 Cf. Magtibay v. Hon. Alikpala, 116 Phil. 993; 6 SCRA 681 (1962). See also Oscar M.
Herrera, Remedial Law, vol. III, 1991 edition, p. 103.
97
VOL. 470, SEPTEMBER 16, 2005 97
Tambunting, Jr. vs. Sumabat
Furthermore, the want of jurisdiction by a court over the subject-matter renders its
judgment void and a mere nullity, and considering that a void judgment is in legal effect no
judgment, by which no rights are divested, from which no rights can be obtained, which
neither binds nor bars any one, and under which all acts performed and all claims flowing
out of are void, and considering further, that the decision, for want of jurisdiction of the
court, is not a decision in contemplation of law, and, hence, can never become executory, it
follows that such a void judgment cannot constitute a bar to another case by reason of res
judicata.
5 157 Phil. 175; 58 SCRA 186(1974) cited in Hilado v. Chavez, G.R. No. 134742, 22 September
2004, 438 SCRA 623.
6 Quirino Gonzales Logging Concessionaire v. Court of Appeals, 450 Phil. 218; 402 SCRA 181 (2003).
98
98 SUPREME COURT REPORTS ANNOTATED
Tambunting, Jr. vs. Sumabat
389
_______________
1 Rollo at p. 18.
391
VOL. 469, SEPTEMBER 2, 2005 391
Ortega vs. Quezon City Government
Proposed Resolution No. 2003-13 (PR
2003-13) was subsequently filed on
January 20, 2002 to complement PO 2002-
07. The proposed resolution sought to
authorize Quezon City Mayor Feliciano R.
Belmonte to enter into a contract to sell a
portion of an easement located at
Barangay Vasra, Quezon City with the
SAMAHANG KAPITBAHAYAN to be
represented by its President, through the
Community Mortgage Program (CMP) of
the National Home Mortgage Finance
Corporation (NHMFC). 2
2 Id., at p. 20.
3 Entitled “An Ordinance Reclassifying a Parcel of Land which may be Considered as an Accretion/Excess
Lot and Previously Conceived and referred to in Proposed Ordinance No. 2002-07 and Proposed [Resolution] No.
2002-13 as Portion of Easement, situated between Block 14, PSD-39577 of the Original Subdivision Plan and
Culiat Creek, Barangay Vasra, Quezon City, as Residential or Converting the same parcel of land from its
Original Classification to Residential for Distribution or for Sale to its Informal Settlers therein.”
4 Rollo at p. 16.
392
392 SUPREME COURT REPORTS ANNOTATED
Ortega vs. Quezon City Government
39577 of the original subdivision plan and Culiat Creek, Barangay Vasra, Quezon City, is
hereby classified as residential or converted from its original classification to residential for
distribution or for sale to its informal settlers.
SECTION 2. This Ordinance shall take effect immediately upon its approval. 5
_______________
5 Id., at p. 17.
6 Id., at pp. 5-6. Petitioner avers that she sent the following letters to the Quezon City Council: (1).
Letter protest dated January 21, 2002 against the proposed Resolutions No. 2002-13, 2002-07 and 2002-
239, wherein she annexed certified copies of her Transfer Certificate of Titles to prove her ownership of
the land; (2). Position papers dated June 10, 2002 invoking her right as owner of accretion, if any, under
RA 457 (riparian rights) and Article 620 (prescription rights) and presenting documents proving that the
purported “awardees” are not informal settlers; (3) Letter protest dated December 12, 2002 enclosing
copies of documents that the purported awarded admitted that they are lessees and therefore not informal
settlers. Attached therewith is a report of Urban Poor Affairs Office disclosing that the “awardees” are not
informal settlers; (4). Protests dated October 27, 2003 submitted by 20 neighboring families who were
excluded by the City Ordinance; (5) Second protest dated November 19, 2003 by 20 families reiterating
their denunciations of the illegal awards to syndicated and professional squatters; (6) Letter appeal
addressed to Councilwoman Wilma Darino dated November 19, 2003.
7 Rollo at pp. 38-39.
393
VOL. 469, SEPTEMBER 2, 2005 393
Ortega vs. Quezon City Government
8 Article 457. To the owners of lands adjoining the banks of rivers belong the accretion which they
394
394 SUPREME COURT REPORTS ANNOTATED
Ortega vs. Quezon City Government
395
VOL. 469, SEPTEMBER 2, 2005 395
Ortega vs. Quezon City Government
provides:
SECTION 1. Who may file petition. Any person interested under a deed, will, contract or
other written instrument, or whose rights are affected by astatute, executive order or
regulation, ordinance, or any other government regulation may, before breach or violation
thereof, bring an action in the appropriate Regional TrialCourt to determine any question
of construction or validity arising from, and for a declaration of his rights or duties,
thereunder.
An action for the reformation of an instrument, or to quiet title to real property or
remove clouds therefrom, or to consolidate ownership under Article 1607 of the Civil Code
may be brought under this Rule.
xxx
SEC. 4. Local government ordinances.—In any action involving the validity of a local
government ordinance, the corresponding prosecutor or attorney of the local government
unit involved shall be similarly notified and entitled to be heard. (Emphasis and italics
supplied)
19 New Owners/Management of TML Garments, Inc. v. Zaragoza, 170 SCRA 563, 568 (1989).
20 Blue Bar Coconut Philippines v. Tantuico, Jr., 163 SCRA 716, 727 (1988).
21 Rural Bank of Olongapo, Inc. v. Commissioner of Land Registration, 102 SCRA 794, 795
(1981); Alliance of Government Workers v. Minister of Labor and Employment, 124 SCRA 1, 10 (1983).
396
396 SUPREME COURT REPORTS ANNOTATED
Ortega vs. Quezon City Government
373
VOL. 121, APRIL 20, 1983 373
Baguio Citizens Action, Inc. vs. The City Council
“Section 5.—The City Government shall not be interested in making financial profit out
of the project and that the appraisal and evaluation of the said lots shall be made at
minimum cost per square meters, the total cost of the lots made payable within the period
of ten years;
“Section 6.—The minimum lot area requirements shall be disregarded in cases where it
could not be implemented due to existing congestion of houses, and that, if necessary, areas
applied for under this ordinance shall be reduced to that which is practical under the
circumstances; PROVIDED, HOWEVER, That squatters in congested areas shall be given
preference in the transfer to resettlement areas or government housing projects earmarked
as such under the provisions of this ordinance, if and when it becomes necessary to ease
congestion or when their lots shall be traversed by the laying of roads or are needed for
public use;
“Section 7.—The amount of P20,000.00 or so much as is necessary, for the lot survey of
each squatter’s lot be appropriated, such survey of which shall be conducted by licensed
private surveyors through public biddings; PROVIDED, That, said expenses for survey
shall be included in the overall cost of each lot;
“Section 8.—The three-man control committed for the Quirino-Magsaysay housing
project which was previously created under City Ordinance No. 344, shall exercise
administration and supervision of the city government housing projects created under this
Ordinance shall, furthermore, be entrusted with the duty of: (1) Consolidating a list of all
city squatters who shall be benefitted in contemplation and under the provisions of this
Ordinance; (2) To assist and help the squatters in the preparation of all the necessary and
required paper work and relative items in connection with their application over their
respective lots; (3) To seek and locate other areas within the Baguio Townsite conveniently
situated and which will be earmarked as subsequently housing projects of the city for
landless bonafide city residents; and (4) To carry out and implement the provisions of this
Ordinance without the least possible delay.”
EXPLANATORY NOTE
“This ordinance is primarily designed to extend a helping hand to the numerous landless
city residents and the so-called ‘Squatters’ within the Baguio Townsite in their desire to
acquire residential lots which they may rightly call their own.
“The reported people who have violated the City’s building ordinances were not so
guarded by any criminal perversity, but where
374
374 SUPREME COURT REPORTS ANNOTATED
Baguio Citizens Action, Inc. vs. The City Council
given to it more by circumstances of necessity and that they are, therefore, entitled to a
more human treatment, more of understanding and more of pity rather than be herded
before the courts, likened to hardened criminals and deliberate violators of our laws and
ordinances.”
1 Record on Appeal (Decision of the CFI of Baguio, Branch I in Criminal Case Nos. 2553 to 2690), p. 93.
376
376 SUPREME COURT REPORTS ANNOTATED
Baguio Citizens Action, Inc. vs. The City Council
2 Degala v. Reyes, 87 Phil. 649citing Hoskyn’s v. National City Bank of New York, 85 Phil. 201.
3 Ibid, citing 7 C.J.S., 1049.
377
VOL. 121, APRIL 20, 1983 377
Baguio Citizens Action, Inc. vs. The City Council
raise the identical issue, making therefore
the declaration a mere exercise in futility.
This is not true in the instant case. A
declaration on the nullity of the ordinance,
would give the squatters no right which
they are entitled to protect. The party
most interested to sustain and defend the
legality of the Ordinance is the body that
passed it, the City Council, and together
with the City Mayor, is already a party in
these proceedings.
3. The Ordinance in question is a patent
nullity. It considered all squatters of
public land in the City of Baguio as bona-
fide occupants of their respective lots. As
we have stated in City of Manila v.
Garcia, et al.: 4
“Squatting is unlawful and no amount of acquiescence on the part of the city officials will
elevate it into a lawful act. In principle, a compound of illegal entry and official permit to
stay is obnoxious to our concept of proper official norm of conduct. Because, such permit
does not serve social justice; it fosters moral decadence. It does not promote public welfare;
it abets disrespect for the law. It has its roots in vice; so it is an infected bargain. Official
approval of squatting should not, therefore, be permitted to obtain in this country where
there is an orderly form of government.”
In the same case, squatting was
characterized as a widespread vice and a
blight. Thus:
“Since the last global war, squatting on another’s property in this country has become a
widespread vice. It was and is a blight. Squatter’s areas pose problems of health, sanitation.
They are breeding places for crime. They constitute proof that respect for the law and the
rights of others, even those of the government are being flouted. Knowingly, squatters have
embarked on the pernicious act of occupying property whenever and wherever convenient to
their interests without as much as leave, and even against the will, of the owner. They are
emboldened seemingly because of their belief that they could violate the law with impunity.
The pugnaciousness of some of them has tied up the hands of legitimate owners. The latter
are thus prevented from recovering possession by peaceful means. Government lands have
not been spared by them. They know, of course, that instrusion into property, government
or private, is
_____________
4 19 SCRA 413.
378
378 SUPREME COURT REPORTS ANNOTATED
Baguio Citizens Action, Inc. vs. The City Council
wrong. But, then, the wheels of justice grind slow, mainly because of lawyers who, by
means, fair or foul, are quite often successful in procuring delay of the day of reckoning.
Rampancy of forcible entry into government lands particularly, is abetted by the apathy of
some public officials to enforce the government’s rights. Obstinacy of these squatters is
difficult to explain unless it is spawned by official tolerance, if not outright encouragement
or protection. Said squatters have become insensible to the difference between right and
wrong. To them, violation of law means nothing. With the result that squatters still exists,
much to the detriment of public interest. It is high time that, in this aspect, sanity and the
rule of law be restored. It is in this environment that we look into the validity of the
permits granted defendants herein.”
379
VOL. 121, APRIL 20, 1983 379
Baguio Citizens Action, Inc. vs. The City Council
380
380 SUPREME COURT REPORTS ANNOTATED
Francisco vs. Secretary of Agriculture and Natural
Resources
* THIRD DIVISION.
195
VOL. 402, APRIL 30, 2003 195
Philippine Deposit Insurance Corporation vs. Court of
Appeals
CARPIO-MORALES, J.:
The present petition for review assails the
decision of the Court of Appeals affirming
that of the Regional Trial Court of Iloilo
City, Branch 30, finding petitioner
Philippine Deposit Insurance Corporation
(PDIC) liable, as statutory insurer, for the
value of 20 Golden Time Deposits
belonging to respondents Jose Abad,
Leonor Abad, Sabina Abad, Josephine
“Josie” Beata Abad-Orlina, Cecilia Abad,
Pio Abad, Dominic Abad, and Teodora
Abad at the Manila Banking Corporation
(MBC), Iloilo Branch.
Prior to May 22, 1997, respondents had,
individually or jointly with each other, 71
certificates of time deposits denominated
as “Golden Time Deposits” (GTD) with an
aggregate face value of Pl,115,889.96.
1
4 Id., at p. 12.
5 Ibid.
6 Id., at p. 13.
196
196 SUPREME COURT REPORTS ANNOTATED
Philippine Deposit Insurance Corporation vs. Court of
Appeals
held payment of the 17 remaining claims
after Washington Solidum, Deputy
Receiver of MBC-Iloilo, submitted a report
to the PDIC that there was massive
7
stated:
xxx
On May 25, 1987 (Monday) or a day prior to the official announcement and take-over by
CB of the assets and liabilities of The Manila Banking Corporation, the Iloilo Branch was
found to have recorded an unusually heavy movements in terms of volume and amount for
all types of deposits and trust accounts. It appears that the impending receivership of
TMBC was somehow already known to many depositors on account of the massive
withdrawals paid on this day which practically wiped out the branch’s entire cash position .
...
xxx
. . . The intention was to maximize the availment of PDIC coverage limited to P40,000 by
spreading out big accounts to as many certificates under various nominees . . . .
9
xxx
197
VOL. 402, APRIL 30, 2003 197
Philippine Deposit Insurance Corporation vs. Court of
Appeals
1. 1.Declaring the 28 GTDs of the Abads which were issued by the TMBC-Iloilo on May
25, 1987 as deposits or deposit liabilities of the bank as the term is defined under
Section 3 (f) of R.A. No. 3591, as amended;
2. 2.Declaring PDIC, being the statutory insurer of bank deposits, liable to the Abads
for the value of the remaining 20 GTDs, the other 8 having been paid already by
TMBC-Iloilo on May 25, 1987;
3. 3.Ordering PDIC to pay the Abads the value of said 20 GTDs less the value of 3
GTDs it paid on February 11, 1988, and the amounts it may have paid the Abads
pursuant to the Order of this Court dated September 8, 1992;
4. 4.Ordering PDIC to pay immediately the Abads the balance of its admitted liability
as contained in the aforesaid Order of September 8, 1992, should there be any,
subject to liquidation when this case shall have been finally decided; and
5. 5.Ordering PDIC to pay legal interest on the remaining insured deposits of the
Abads from February 11, 1988 until they are fully paid.
SO ORDERED.”
198
198 SUPREME COURT REPORTS ANNOTATED
Philippine Deposit Insurance Corporation vs. Court of
Appeals
In its supplement to the petition, PDIC
adds the following assignment of error:
THE HONORABLE COURT OF APPEALS ERRED IN AFFIRMING THE HOLDING OF
THE TRIAL COURT ORDERING PETITIONER TO PAY RESPONDENTS’ CLAIMS FOR
PAYMENT OF INSURED DEPOSITS FOR THE REASON THAT AN ACTION FOR
DECLARATORY RELIEF DOES NOT ESSENTIALLY ENTAIL AN EXECUTORY
PROCESS AS THE ONLY RELIEF THAT SHOULD HAVE BEEN GRANTED BY THE
TRIAL COURT IS A DECLARATION OF THE RIGHTS AND DUTIES OF PETITIONER
UNDER R.A. 3591, AS AMENDED, PARTICULARLY SECTION 3(F) THEREOF AS
CONSIDERED AGAINST THE SURROUNDING CIRCUMSTANCES OF THE MATTER
IN ISSUE SOUGHT TO BE CONSTRUED WITHOUT PREJUDICE TO OTHER
MATTERS THAT NEED TO BE CONSIDERED BY PETITIONER IN THE PROCESSING
OF RESPONDENTS’ CLAIMS.
15 RA 3591, as amended.
16 Section 3, R.A. 3591, provides: “(f) The term “deposit” means the unpaid balance of money or its
equivalent received by a bank in the usual course of business and for which it has given or is obliged to
give credit to a commercial, checking, savings, time or thrift account or which is evidenced by its
certificate of deposit, and trust funds held by such bank whether retained or deposited in any department
of such bank or deposited in another bank, together with such other obligations of a bank as the Board of
Directors shall find and shall prescribe by regulations to be deposit liabilities of the Bank x x x”
17 Records at pp. 8-9.
199
VOL. 402, APRIL 30, 2003 199
Philippine Deposit Insurance Corporation vs. Court of
Appeals
The evident implication of the law, therefore, is that the appointment of a receiver may be
made by the Monetary Board without notice and hearing but its action is subject to judicial
inquiry to insure the protection of the banking institution. Stated otherwise, due process
does not necessarily require a prior hearing; a hearing or an opportunity to be heard may
be subsequent to the closure. One can just imagine the dire consequences of a prior hearing:
bank runs would be the order of the day, resulting in panic and hysteria. In the process,
fortunes may be wiped out, and disillusionment will run the gamut of the entire banking
community. (Italics supplied). 21
_______________
21 Ibid., at p. 303.
200
200 SUPREME COURT REPORTS ANNOTATED
Philippine Deposit Insurance Corporation vs. Court of
Appeals
_______________
22 Rollo at pp. 18, 122-123.
23 Section 3(q), Rule 131, Rules of Court.
24 Rollo at pp. 82, 125.
201
VOL. 402, APRIL 30, 2003 201
Philippine Deposit Insurance Corporation vs. Court of
Appeals
Now, there is nothing in thee nature of a special civil action for declaratory relief that
proscribes the filing of a counterclaim based on the same transaction, deed or contract
subject of the complaint. A special civil action is after all not essentially different from an
ordinary civil action, which is generally governed by Rules 1 to 56 of the Rules of Court,
except that the former deals with a special subject matter which makes necessary some
special regulation. But the identity between their fundamental nature is such that the
same rules governing ordinary civil suits may and do apply to special civil actions if not
inconsistent with or if they may serve to supplement the provisions of the peculiar rules
governing special civil actions. 26
26 Id., at p. 546.
27 Supplement to Petition for Review and Reply to Respondents’ Comment, Rollo at pp. 82-83 & 108,
respectively.
28 Philippine Basketball Association v. Court of Appeals, 337 SCRA 358, 370 (2000) citing Ruby
Industrial Corporation v. Court of Appeals, 284 SCRA 445 (1998); Salao v. Court of Appeals, 284 SCRA
493 (1998); Heirs of Pascasio Uriarte v. Court of Appeals, 284 SCRA 511 (1998).
29 CA Rollo at pp. 49-51.
202
202 SUPREME COURT REPORTS ANNOTATED
Lantin vs. Court of Appeals
168
168 SUPREME COURT REPORTS ANNOTATED
Adlawan vs. Intermediate Appellate Court
169
169 VOL. 170, FEBRUARY 9, 1989
Adlawan vs. Intermediate Appellate Court
7 Ibid., 26-27.
170
170 SUPREME COURT REPORTS ANNOTATED
Adlawan vs. Intermediate Appellate Court
1. a.Orders the Municipal Mayor to issue immediately upon receipt of the decision the
license-permit for the year 1982 to and in favor of petitioners for having complied
(sic) all requirements of pertinent laws;
2. b.Orders the Sangguniang Bayan of Minglanilla to pass a resolution confirming the
license-permit issued by the Mayor to the petitioners immediately upon receipt of
this decision;
3. c.Orders the Philippine Gamefowl Commission to register, accept the registration or
cause the registration immediately upon receipt of this decision, the petitioners’
cockpit for the year 1982 and all the years thereafter;
4. d.Orders the immediate closure of respondent’s cockpit, Bag-
_______________
8 Ibid., 26-27.
9 Ibid., 31-32.
171
VOL. 170, FEBRUARY 9, 1989 171
Adlawan vs. Intermediate Appellate Court
172
172 SUPREME COURT REPORTS ANNOTATED
Adlawan vs. Intermediate Appellate Court
16 Counter-Argument to Urgent Motion for Preliminary Mandatory Injunction, Annex 5; Rollo, 139.
17 Petition, Annex F; Rollo, 53.
173
VOL. 170, FEBRUARY 9, 1989 173
Adlawan vs. Intermediate Appellate Court
174
174 SUPREME COURT REPORTS ANNOTATED
Adlawan vs. Intermediate Appellate Court
“(c) Cockpits Site and Construction.—Cockpits shall be constructed and operated within the
appropriate areas as prescribed in the Zoning Law or Ordinance. In the absence of such law
or ordinance, the local executives shall see to it that no cockpits are constructed within or
near existing residential or commercial areas, hospitals, school buildings, churches, or other
public buildings. x x x”
175
VOL. 170, FEBRUARY 9, 1989 175
Adlawan vs. Intermediate Appellate Court
Minglanilla Ordinance No. 4 is the prevailing ordinance.” 19
22 Rollo, 36.
176
176 SUPREME COURT REPORTS ANNOTATED
Adlawan vs. Intermediate Appellate Court
23 Philippine Gamefowl Commission, et al. vs. Hon. Intermediate Applellate Court, et al., 146 SCRA
294 (1986); Municipality of Malolos vs. Libangang Malolos, Inc., et al., G.R. No. 78592, April 8, 1988.
24 Sec. 1, Rule 64, Rules of Court.
177
VOL. 170, FEBRUARY 9, 1989 177
Adlawan vs. Intermediate Appellate Court
1 The contract was awarded by the REPACOM to VISPAC in virtue of Resolution No. 240.
2 The contract was dated November 16, 1960.
544
544 SUPREME COURT REPORTS ANNOTATED
Visayan Packing Corp. vs. Reparations Commission
545
VOL. 155, NOVEMBER 12, 1987 545
Visayan Packing Corp. vs. Reparations Commission
Court of First Instance. It is this
affirmance of the Court of Appeals that is
subject of the instant appeal taken to this
Court by VISPAC. VISPAC’s contention is
that it was error on the Appellate Court’s
part to have affirmed the Trial Court’s
decision for the collection of the first
installment of the price due from it under
its contract with REPACOM, because that
money claim should have been set up as
a compulsory counterclaim in
the declaratory relief action,and since
REPACOM had not done this, but had
instead set it up in a separate suit, the
claim had thereby become barred.
It is indeed the rule, embodied in Section
4, Rule 9 of the Rules of Court, that a
counterclaim not set up shall be barred if
it arises out of or is necessarily connected
with the transaction or occurrence that is
the subject matter of the opposing party’s
claim and does not require for its
adjudication the presence of third parties
of whom the court cannot acquire
jurisdiction. In other words, a compulsory
counterclaim cannot be made the subject
of a separate action but should be asserted
in the same suit involving the same
transaction or occurrence giving rise to it.
The omission is not however irremediable
or irreversibly fatal. The Rules provide
that when a pleader fails to set up a
counterclaim through oversight,
inadvertence, or excusable negligence, or
when justice requires, he may, by leave of
court, set up the counterclaim or cross-
claim by amendment before
judgment. Where the counter-claim is
7
_______________
7 Sec. 3, Rule 9.
8 Sec. 1 (e), Rule 16, Rules of Court.
9 Sec. 1 (f), Rule 16.
546
546 SUPREME COURT REPORTS ANNOTATED
Visayan Packing Corp. vs. Reparations Commission
_______________
Director of Forestry 125 SCRA 302; Toribio v. Bidin, 134 SCRA 162; Gotico v. Leyte Chinese Chamber of
Commerce, 136 SCRA 218.
547
VOL. 155, NOVEMBER 12, 1987 547
Teodoro vs. Court of Appeals
WHEREFORE, the petition is dismissed
for lack of merit, with costs against the
petitioner.
Teehankee (C.J.),
Cruz, Paras and Gancayco, JJ., concur.
**
Petition dismissed.
Notes.—Counterclaim is not ancilliary to
the new action but can be maintained
separately. (Zabat, Jr. vs. CA, 142 SCRA
587).
A defendant in an action for ejectment
may set up a counterclaim for moral
damage and some may be awarded to
defendant. (Agustin vs. Bacalan, 135
SCRA 340.)
——o0o——