Sy vs. Young, 699 SCRA 8, June 19, 2013
Sy vs. Young, 699 SCRA 8, June 19, 2013
Sy vs. Young, 699 SCRA 8, June 19, 2013
5/10/14, 7:21 AM
Sy vs. Young
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Sy vs. Young
complaint. Thereafter, she elevated the case with this
Court in a petition for certiorari under Rule 65 of
the Rules of Court docketed as G.R. No. 157955.12
Trial in the RTC continued while CA-G.R. Sp. No. 65629
was pending in the CA. Consequently, Genalyn moved to
suspend the proceedings until the CA has decided on the
propriety of the admission of the supplemental complaint.
However, the RTC denied the motion.13 At the pre-trial
conference, Genalyn moved again for the suspension of the
proceedings but to no avail. On a trial dated August 29,
2001, Genalyn filed a Motion to Cancel Hearing on the
ground that she was indisposed. As a result, the RTC
issued an Order dated August 30, 2001 which
dismissed the complaint on the ground of non-suit.
The RTC denied Genalyns motion for reconsideration in an
Order dated January 4, 2002. On January 16, 2002, the
RTC issued an Order correcting the January 4, 2002 Order
due to a typographical error.14
On January 31, 2002, Genalyn filed an appeal
docketed as CA-G.R. SP No. 74045. In the appeal, she
questioned the RTC Orders dated August 30, 2001,
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_______________
16 Supra note 2.
17 Supra note 3.
18 Young v. Spouses Sy, supra note 12.
19 Id., at pp. 261-262; p. 163.
20 Id., at pp. 264-266; p. 167.
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Sy vs. Young
The Issues
In the present case, the spouses Sy pray that the CAs
Decision dated March 30, 2005 and Resolution dated
August 8, 2005 be reversed and that the RTCs Orders
dated August 30, 2001, January 4, 2002 and January 16,
2002 be reinstated. The spouses Sy raise the same issues
which were already disposed by this Court in Young,
namely:
(1)whether or not the CA erred in setting aside the
RTC Orders dated August 30, 2001, January 4, 2002
and January 16, 2002 which dismissed the case for
non-suit; and
(2)whether or not the CA erred in not holding
Genalyn guilty of forum shopping in the CAs Decision
dated March 30, 2005 and Resolution dated August 8,
2005.
The Courts Ruling
We deny the petition.
The present action is barred
by the law of the case
In denying the petition, we necessarily must reiterate
our ruling in Young which constitutes as the controlling
doctrine or the law of the case in the present case.
Law of the case has been defined as the opinion
delivered on a former appeal. It means that whatever is
once irrevocably established the controlling legal rule of
decision between the same parties in the same case
continues to be the law of the case whether correct on
general principles or not, so long as the facts on which such
decision was predicated continue to be the facts of the case
before the court.21
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21 Radio Communications of the Phils., Inc. v. Court of Appeals, 522
Phil. 267, 273; 488 SCRA 306, 311 (2006), citing Padillo v. Court of
Appeals, 422 Phil. 334; 371 SCRA 27 (2001).
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We point out in this respect that the law of the case does
not have the finality of res judicata. Law of the case applies
only to the same case, whereas res judicata forecloses
parties or privies in one case by what has been done in
another case. In law of the case, the rule made by an
appellate court cannot be departed from in subsequent
proceedings in the same case. Furthermore, law of the case
relates entirely to questions of law while res judicata is
applicable to the conclusive determination of issues of fact.
Although res judicata may include questions of law, it is
generally concerned with the effect of adjudication in a
wholly independent proceeding.22
The rationale behind this rule is to enable an appellate
court to perform its duties satisfactorily and efficiently,
which would be impossible if a question, once considered
and decided by it, were to be litigated anew in the same
case upon any and every subsequent appeal. Without it,
there would be endless litigation. Litigants would be free to
speculate on changes in the personnel of a court, or on the
chance of our rewriting propositions once gravely ruled on
solemn argument and handed down as the law of a given
case.23
In Young, we directed the RTC to admit Genalyns
supplemental complaint. In so ruling, we also vacated the
RTC Orders which dismissed Genalyns complaint for
failure to prosecute. Moreover, Genalyns move to suspend
the proceedings which led to the dismissal of her complaint
stemmed essentially from the RTCs erroneous refusal to
admit the supplemental complaint. On the second issue, we
unequivocably also settled that Genalyn committed forum
shopping when she filed an appeal and a petition for
certiorari successively. This ruling we uphold as the ruling
that should apply.
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22 Padillo v. Court of Appeals, supra, at p. 352; p. 43, citing Comilang
v. Court of Appeals (Fifth Division), 160 Phil. 85; 65 SCRA 69 (1975).
23 Zarate v. Director of Lands, 39 Phil. 747, 749-750 (1919).
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Sy vs. Young
WHEREFORE, the petition for review on certiorari is
DENIED for lack of merit. The CA Decision dated March
30, 2005 and Resolution dated August 8, 2005 are hereby
AFFIRMED.
No costs.
SO ORDERED.
Carpio (Chairperson), Del Castillo, Perez and PerlasBernabe, JJ., concur.
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