Tible Digest Remedial Law.docx Final
case digest remedial law...
TIBLE & TIBLE COMPANY, INC, HEIRS OF EMILIO G. TIBLE VS. ROYAL SAVINGS AND LOAN ASSOCIATION G.R. NO. 155806, April 8, 2008 FACTS: Sometime in June 1997, petitioners Tible & Tible Company Inc. (TTCI) and Emilio G. Tible Jr. obtained a loan from Royal Savings Bank. The loan was released to petitioner in four installments, secured by chattel mortgage of logging, heavy and sawmill equipment. The loan was intended to finance the logging and lumber business of TTCI. Unfortunately, petitioner’s efforts to rehabilitate the sawmill were unsuccessful and TTCI was thus able to pay only a portion of the loan through dacion en pago by delivery of its lumber products. A compromise agreement was then executed by the parties with the approval of CFI Cavite. In the said compromise agreement, TTCI and Emilio Tible Jr agreed to pay P,2,428,290.20 on installments. The compromise agreement further stated that failure on the part of the defendants to pay any one of the installments as and when the same is due and payable, shall make the whole obligation immediately due and payable. After TTCI defaulted in its monthly payments, the CFI decision based on compromise was implemented and a writ of execution was issued. In the public auction conducted, RSLA won as the highest bidder thus CFI Cavite ordered issuance of new certificate of title and tax declarations of the subject property to RSLA (Now Comsavings Bank). Aggrieved by these developments, petitioners filed an action for annulment of execution sale which was dismissed by the Trial Court. Aggrieved, petitioners elevated the case to the CA via petition for certiorari. CA dismissed outright the petition on procedural grounds: 1. That the Verification of Non-Forum Shopping was signed by one Almabella Menla VDa. De Tible, but there is no Special Power of Attorney, Board Resolution nor Secretary’s Certificate was attached thereto authorizing said signatory 2. That there is no written explanation to justify service by mail in lieu of the required personal service of copies of the petition upon the respondents was made. Petitioners filed a motion for reconsideration and motion to admit petitioner’s special power of attorney and board resolution which were all denied by the CA. Hence, the present petition for review on certiorari. ISSUE: Whether or not the Court of Appeals may relax the application of the rules requiring verification and certification of non-forum shopping, as well as compliance with the rule regarding prioroties in modes of service and filing of pleadings. Held: Non compliance with the rules is fatal to a petition for certiorari. Certiorari being an extraordinary remedy, the party who seeks to avail of the same must strictly observe the rules laid down by the law. The Court has absolute discretion to reject and dismiss a petition for certiorari (1) when the petition fails to demonstrate grave abuse of discretion by any court, agency or branch of the government; or (2) when there are procedural errors, like violations of the Rules of Court or Supreme Court Circulars. Clearly, petitioners in their petition before the Ca committed procedural errors. The petitioner failed to comply with the requirement of Revised Circular No. 2-91 by having the certification against forum shopping signed by one of its officers and petitioner Almabella Tible’s signature in the verification and affidavit of non forum shopping was not ratified by any special power of attorney, board resolution nor secretary’s certificate executed by her co-petitioners authorizing her to sign for and in their behalf. Section 4, Rule 7 of the Rules states that a
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pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. Consequently, the verification should have been signed also by the co-petitioners or at least the signature appearing therein was ratified. At any rate, subsequent compliance does not ipso facto entitle a party to a reconsideration of the dismissal order unless the court finds compelling reasons which will make the strict application of rules clearly inequitable. Moreover, petitioners failed to include any written explanation to justify service by mail in lieu of the required personal service of copies f the petition upon respondents. Section 11 of Rule 13 provides that a resort to other modes than personal service must be accompanied by a written explanation why the service or filing was not done personally. A violation of this rule may be cause to consider the paper as not filed. As the Court finds nothing on record which constitutes compelling reason for a liberal application of procedural rules, the petition is denied for lack of merit.
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