Sierra v. Alejandro
REITERATIONFacts
The Antecedents: Complainant Teresa P. Sierra charged respondents Atty. Joseph Anthony M. Alejandro and Atty. Carmina A. Abbas with willful and deliberate forum shopping. Sierra alleged that she agreed to sell her townhouse unit to Atty. Alejandro. Upon discovering the property was foreclosed and due for demolition, Atty. Alejandro backed out of the transaction. He paid an advance of PHP 800,000.00 and issued a check for PHP 2,800,000.00, which he later asked to be unfunded, and demanded the return of the advance payment. Procedural History: Atty. Alejandro, through Atty. Abbas, filed a petition for declaratory relief (first case) in Quezon City, praying for a refund and a writ of mandatory injunction. The application for preliminary injunction was denied. The case was converted to an ordinary civil action for specific performance with damages, and the application for injunctive relief was again denied. Subsequently, the case was dismissed via notice of dismissal. Thereafter, Atty. Alejandro, through Atty. Abbas, filed an action for specific performance with damages (second case) in Makati City, again praying for a temporary restraining order and/or preliminary injunction. The Makati court granted the injunction. In her answer, Sierra raised the affirmative defense of forum shopping. The Petition: The IBP-CBD found respondents guilty of forum shopping and recommended reprimand or suspension. The IBP Board of Governors adopted this recommendation. The respondents informed the Court of the final Decision in the second case, where Branch 62-Makati City ruled that Atty. Alejandro did not commit forum shopping.
Issue(s)
Whether the IBP-CBD or IBP-BOG have jurisdiction over the issue of forum shopping which Branch 62-Makati City already resolved with finality. Whether Atty. Alejandro and Atty. Abbas committed forum shopping; and whether Teresa P. Sierra committed forum shopping.
Ruling
The Court disagreed with the factual findings, legal conclusions, and recommendations of the IBP-CBD and IBP-BOG. The complaint for serious violation of the rules of professional conduct on account of forum shopping against respondents Atty. Joseph Anthony M. Alejandro and Atty. Ma. Carmina A. Abbas is DISMISSED. Petitioner Teresa P. Sierra is found guilty of contempt of court for committing forum shopping and FINED PHP 20,000.00, with a STERN WARNING that a repetition of the same shall be dealt with more severely.
Ratio Decidendi
On the jurisdiction over the issue of forum shopping: The Court held that the trial court which first takes cognizance of the issue of forum shopping, including all its incidents, shall have exclusive jurisdiction over the same until its final termination, to the exclusion of all other bodies. In this case, Branch 62-Makati City, having acquired jurisdiction over the second case where the issue of forum shopping was raised as an affirmative defense, had exclusive jurisdiction. The IBP, by taking cognizance of and resolving the same issue, acted without jurisdiction and with grave abuse of discretion. The Court emphasized that this principle applies not only to the principal remedies but also to all ancillary remedies sought. The ruling in Begnaen v. Spouses Caligtan was cited to support this principle. On whether Atty. Alejandro and Atty. Abbas committed forum shopping; and whether Teresa P. Sierra committed forum shopping: The Court found that Atty. Alejandro and Atty. Abbas did not commit forum shopping. This conclusion is based on the final Decision of Branch 62-Makati City in the second case. The trial court found that at the time the second case was filed, the first case had already been dismissed pursuant to a notice of dismissal based on venue. Therefore, there was no duplication of cases involving the same parties, subject matter, and cause of action. The Court reiterated the definition of forum shopping, which requires the existence of multiple cases simultaneously or seeking a favorable opinion in another forum after an adverse judgment. The circumstances in this case did not meet the criteria for forum shopping. The Court found that Teresa P. Sierra committed forum shopping by raising the issue of forum shopping in the administrative case after it had already been raised as an affirmative defense in the second case and subsequently resolved by Branch 62-Makati City. The Court cited Rizalado v. Presiding Judge Bollozos where a similar penalty was imposed on a complainant found guilty of contempt for filing multiple cases arising from the same disposition. Consequently, Sierra was found guilty of contempt of court and fined PHP 20,000.00 with a stern warning.
Main Doctrine
The court that first takes cognizance of the issue of forum shopping, including all its incidents, shall have exclusive jurisdiction over the same until its final termination, to the exclusion of all other bodies, including the Integrated Bar of the Philippines (IBP) in an administrative case.