Applicability Of The "Two-Dismissal Rule" Under Rule 17 and Rule On Forum Shopping

Respondent-plaintiffs Joseph Cheng, Jaime Cheng, and Mercedes Igne (the Chengs) filed a complaint for declaration of nullity of titles ag...

Respondent-plaintiffs Joseph Cheng, Jaime Cheng, and Mercedes Igne (the Chengs) filed a complaint for declaration of nullity of titles against Ramon Ching before the Regional Trial Court of Manila.

The complaint was amended, with leave of court, to implead additional defendants, including Po Wing Properties, of which Ramon Ching was a primary stockholder. The amended complaint was for "Annulment of Agreement, Waiver, Extra-Judicial Settlement of Estate and the Certificates of Title Issued by Virtue of Said Documents with Prayer for Temporary Restraining Order and Writ of Preliminary Injunction.". Sometime after, Lucina Santos filed a motion for intervention and was allowed to intervene.

After the responsive pleadings had been filed, Po Wing Properties filed a motion to dismiss on the ground of lack of jurisdiction of the subject matter. The Regional Trial Court of Manila, Branch 6, granted the motion to dismiss. Upon motion of the Chengs’ counsel, however, the Chengs and Lucina Santos were given fifteen (15) days to file the appropriate pleading. They did not do so.

The Chengs and Lucina Santos filed a complaint for "Annulment of Agreement, Waiver, Extra-Judicial Settlement of Estate and the Certificates of Title Issued by Virtue of Said Documents with Prayer for Temporary Restraining Order and Writ of Preliminary Injunction" against Ramon Ching and Po Wing Properties (the second case) and raffled to Branch 20 of the Regional Trial Court of Manila. When Branch 20 was made aware of the first case, it issued an order transferring the case to Branch 6, considering that the case before it involved substantially the same parties and causes of action.

The Chengs and Lucina Santos filed a motion to dismiss their complaint in the second case, praying that it be dismissed without prejudice. RTC Branch 6 issued an order granting the motion to dismiss on the basis that the summons had not yet been served on Ramon Ching and Po Wing Properties, and they had not yet filed any responsive pleading. The dismissal of the second case was made without prejudice.

Ramon Ching and Po Wing Properties filed a motion for reconsideration of the order dated November 22, 2002. They argue that the dismissal should have been with prejudice under the "two dismissal rule" of Rule 17, Section 1 of the 1997 Rules of Civil Procedure, in view of the previous dismissal of the first case.

During the pendency of the motion for reconsideration, the Chengs and Lucina Santos filed a complaint for "Disinheritance and Declaration of Nullity of Agreement and Waiver, Affidavit of Extra judicial Agreement, Deed of Absolute Sale, and Transfer Certificates of Title with Prayer for TRO and Writ of Preliminary Injunction" against Ramon Ching and Po Wing Properties (the third case) and was eventually raffled to Branch 6.

Ramon Ching and Po Wing Properties filed their comment/opposition to the application for temporary restraining order in the third case. They also filed a motion to dismiss on the ground of res judicata, litis pendencia, forum-shopping, and failure of the complaint to state a cause of action.

RTC Branch 6 issued an omnibus order resolving both the motion for reconsideration in the second case and the motion to dismiss in the third case. The trial court denied the motion for reconsideration and the motion to dismiss, holding that the dismissal of the second case was without prejudice and, hence, would not bar the filing of the third case.

while their motion for reconsideration in the third case was pending, Ramon Ching and Po Wing Properties filed a petition for certiorari (the first certiorari case) with the Court of Appeals, assailing the order which upheld the dismissal of the second case.

The trial court issued an order denying the motion for reconsideration in the third case. The denial prompted Ramon Ching and Po Wing Properties to file a petition for certiorari and prohibition with application for a writ of preliminary injunction or the issuance of a temporary restraining order (the second certiorari case) with the Court of Appeals.

The Court of Appeals rendered the decision in the first certiorari case dismissing the petition. The appellate court ruled that Ramon Ching and Po Wing Properties’ reliance on the "two-dismissal rule" was misplaced since the rule involves two motions for dismissals filed by the plaintiff only. Upon the denial of their motion for reconsideration, Ramon Ching and Po Wing Properties filed this present petition for review under Rule 45 of the Rules of Civil Procedure.



ISSUES:
I. Whether the trial court’s dismissal of the second case operated as a bar to the filing of a third case, as per the "two-dismissal rule"; and
II. Whether respondents committed forum shopping when they filed the third case while the motion for reconsideration of the second case was still pending.
III. Whether or not the third case be dismissed should the respondents indeed committed forum shopping.



RULING:
I. NO. Rule 17 of the Rules of Civil Procedure governs dismissals of actions at the instance of the plaintiff. Hence, the "two-dismissal rule" under Rule 17, Section 1 of the Rules of Civil Procedure will not apply if the prior dismissal was done at the instance of the defendant. Dismissals upon the instance of the defendant are generally governed by Rule 16, which covers motions to dismiss.

As a general rule, dismissals under Section 1 of Rule 17 are without prejudice except when it is the second time that the plaintiff caused its dismissal. Accordingly, for a dismissal to operate as an adjudication upon the merits, i.e, with prejudice to the re-filing of the same claim, the following requisites must be present:
(1) There was a previous case that was dismissed by a competent court;
(2) Both cases were based on or include the same claim;
(3) Both notices for dismissal were filed by the plaintiff; and
(4) When the motion to dismiss filed by the plaintiff was consented to by the defendant on the ground that the latter paid and satisfied all the claims of the former.

The purpose of the "two-dismissal rule" is "to avoid vexatious litigation."When a complaint is dismissed a second time, the plaintiff is now barred from seeking relief on the same claim.

The dismissal of the second case was without prejudice in view of the "two-dismissal rule"

Here, the first case was filed as an ordinary civil action. It was later amended to include not only new defendants but new causes of action that should have been adjudicated in a special proceeding. A motion to dismiss was inevitably filed by the defendants on the ground of lack of jurisdiction.

The dismissal of the first case was done at the instance of the defendant under Rule 16, Section 1(b) of the Rules of Civil Procedure, which states:
SECTION 1. Grounds.— Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds:
. . . .
(b) That the court has no jurisdiction over the subject matter of the claim;
. . . .
Under Section 5 of the same rule, a party may re-file the same action or claim subject to certain exceptions.

Thus, when respondents filed the second case, they were merely refiling the same claim that had been previously dismissed on the basis of lack of jurisdiction. When they moved to dismiss the second case, the motion to dismiss can be considered as the first dismissal at the plaintiff’s instance.

When respondents filed the third case on substantially the same claim, there was already one prior dismissal at the instance of the plaintiffs and one prior dismissal at the instance of the defendants.

While it is true that there were two previous dismissals on the same claim, it does not necessarily follow that the re-filing of the claim was barred by Rule 17, Section 1 of the Rules of Civil Procedure. The circumstances surrounding each dismissal must first be examined to determine before the rule may apply, as in this case. Thus, the trial court's dismissal of the second case is not a bar to the filing of the third case.


II. YES. To determine whether a party violated the rule against forum shopping, the most important factor to ask is whether the elements of litis pendentia are present, or whether a final judgment in one case will amount to res judicata in another; otherwise stated, the test for determining forum shopping is whether in the two (or more) cases pending, there is identity of parties, rights or causes of action, and reliefs sought.

When respondents filed the third case, petitioners’ motion for reconsideration of the dismissal of the second case was still pending. Clearly, the order of dismissal was not yet final since it could still be overturned upon reconsideration, or even on appeal to a higher court.

The prudent thing that respondents could have done was to wait until the final disposition of the second case before filing the third case. As it stands, the dismissal of the second case was without prejudice to the re-filing of the same claim, in accordance with the Rules of Civil Procedure. In their haste to file the third case, however, they unfortunately transgressed certain procedural safeguards, among which are the rules on litis pendentia and res judicata.

The requisites of litis pendentia are: (a) the identity of parties, or at least such as representing the same interests in both actions; (b) the identity of rights asserted and relief prayed for, the relief being founded on the same facts; and (c) the identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other.

There is no question that there was an identity of parties, rights, and reliefs in the second and third cases. While it may be true that the trial court already dismissed the second case when the third case was filed, it failed to take into account that a motion for reconsideration was filed in the second case and, thus, was still pending. Considering that the dismissal of the second case was the subject of the first certiorari case and this present petition for review, it can be reasonably concluded that the second case, to this day, remains pending.

Hence, when respondents filed the third case, they engaged in forum shopping. Any judgment by this court on the propriety of the dismissal of the second case will inevitably affect the disposition of the third case.


III. NO. The rule essentially penalizes the forum shopper by dismissing all pending actions on the same claim filed in any court. However, the rule on forum shopping will not strictly apply when it can be shown that (1) the original case has been dismissed upon request of the plaintiff for valid procedural reasons; (2) the only pending matter is a motion for reconsideration; and (3) there are valid procedural reasons that serve the goal of substantial justice for the fresh new· case to proceed.

The motion for reconsideration filed in the second case has since been dismissed and is now the subject of a petition for certiorari. The third case filed apparently contains the better cause of action for the plaintiffs and is now being prosecuted by a counsel they are more comfortable with. Substantial justice will be better served if respondents do not fall victim to the labyrinth in the procedures that their travails led them. It is for this reason the Supreme Court denied the petition.

G.R. No. 175507,October 8, 2014
RAMON CHING AND POWING PROPERTIES, INC., Petitioners, vs. JOSEPH CHENG, JAIME CHENG, MERCEDES IGNERespondents.
LEONEN,
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used  as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer

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