THIRD DIVISION

[G.R. No. 141508. May 5, 2010.]

ROBERTO S. BENEDICTO and TRADERS ROYAL BANK , petitioners, vs . MANUEL

LACSON, A & A MONTELIBANO HIJOS, INC., ROBERTO ABELLO, DOMINADOR
AGRAVANTE, LUISA ALANO, ALEXANDER FARMS, INC., ANGELA ESTATE,
INC., GUILLERMO and DOROTHY ARANETA, LETECIA ARANETA, ARCEO
RAMOS & SONS, INC., SPOUSES GEORGE & LOURDES ARGUELLES,
ASOSACION DE HACENDEROS DE SILAY-SARAVIA, INC. (AHSSI), SALVADOR
BAUTISTA, BJB AGRO-INDUSTRIAL CORP., EUGENIO BAUTISTA, LUZ RAMOS
BAYOT, CYNTHIA BENEDICTO, EVA BENEDICTO, LEOPOLDO BENEDICTO,
MARY JANE BENEDICTO, FLORO BONGCO, FRANCISCO BONGCO, GERARDO
BONGCO, MAXCY BORROMEO, QUIRICO CAMUS, CELSO AGRO INDUSTRIAL
CORP., JULIA SO DE UYCHIAT, ARTURO UYCHIAT, LUIS UYCHIAT, ELISE
UYCHIAT, CIRO LOCSIN AGRICULTURAL CORPORATION, CLAMONT FARMS,
INC., SAGRARIO CLAPAROLS, JAIME CLAPAROLS, CLAUDIO LOPEZ, INC.,
RAMON CLEMENTE, SPOUSES ROMY CONLU and ASUCENA DIASATA,
SPOUSES CORNELIO and DOLORES CONSING, LOPE CONSING, SPOUSES
RAFAEL and JULIETA CONSOLACION, BALCONER CORDOVA, CONSOLING
CORDOVA, RAFAEL COSCULLUELA, CLK AGRO DEVELOPMENT CORP.,
EMILIO CUAYCONG, JR., SPOUSES JOSE ROBERTO and PATRICIO
CUAYCONG, ROMELI CUAYCONG, SONYA CUAYCONG, FELIPE DALIMO-OS,
UBERTA DALIMO-OS, DELARICA REALTY, DOLL AGRICULTURAL CORP., DR.
ANTONIO LIZARES CO., INC., SPOUSES BONIFACIO and URBANA DUJON,
ELAR AGRO INDUSTRIAL CORP., ELCEE FARMS, INC., ESTATE OF FERNANDO
ERENETA, SPOUSES BENJAMIN and TERESITA ESTACIO, EUSEBIO
INCORPORATED, FARMLAND INCORPORATED, FELICIA AGRI DEVELOPMENT
CORP., FELISA AGRI CORPORATION, SPOUSES ROLANDO and NELLY
FERMIN, FERTI-ACRES AGRI-CULTURAL CORPORATION, FRANCISCO JAVIER
LACSON Y HERMANOS, GAMBOA HERMANOS, INC., HONORATO GAMBOA,
ESTATE OF REMEDIOS GAMBOA, ANTONIO GASTON, HEIRS OF GERARDO
GASTON, ESTATE OF JOSE MA. GASTON, VICTOR MA. GASTON, JOSE MA.
GASTON, JOSE MA. GOLEZ, ANTONIO GONZAGA, ERNESTO GONZAGA,
JESUS GONZAGA, LUIS GONZAGA, GONZAGA REAL ESTATE ENTERPRISES,
INC., ROBERT GONZAGA, GREEN SOILS AGRICULTURE, INC., ESTATE OF
REMEDIOS L. VDA. DE GUINTO, WARLITO USTILO, G.V. & SONS, INC.,
ENCARNACION HERNAEZ, SPOUSES MIGUEL and CECILIA MAGSAYSAY,
ADELINO HERNANDEZ, SPOUSES ABELARDO and EMILY HILADO, SPOUSES
ALFREDO and TERESITA HILADO, RAMON HILADO, SPOUSES REMO and
ELSIE HINLO, SPOUSES DANILO and NIMFA HINLO, MA. CRISTINA HOJILLA,
DIOSDADO and DIONISIO HOSALLA, JALIMONT REALTY, INC., ALBERTO and
BENJAMIN JALANDONI, DANIEL JALANDONI, JALKK CORPORATION,
LEONOR JAVELLANA, ERIBERTO JESENA, PISON JESUSA and SISTERS,
JISARA AGRI DEVELOPMENT CORPORATION, J.H. TAMPINCO
AGRICULTURAL CORP., LILIA LOPEZ DE JISON, ROBERTO JISON, JOMILLA
AGRO INDUSTRIAL VENTURES, INC., BENIGNA JONOTA, JOSEFINA
RODRIGUEZ AGRICULTURAL CORP., JT ALUNAN AGRI. CORP., ANTONIO
JUGO, SPOUSES JUANITO JUMILLA and SANTAS DALIMO-OS, ESTATE OF
CASILDA JUSTINIANI, SPOUSES ALEJANDRO and ANTONIO KANA-AN,
AGUSTIN KILAYCO, SPOUSES RODOLFO and EMMA LACSON, EMMANUEL
LACSON, ESTATE OF ERNESTO LACSON, LACSON HERMANOS, INC., ESTATE
OF FELIPE LACSON, MANUEL LACSON, ESTATE OF MANUELA VDA. DE
LACSON, PEDRO LACSON, RAMON LACSON, SR., TERESA LACSON, RODRIGO
LACSON, LACTOR ESTATE DEVELOPMENT CORP., LIBERTINO AGUTANG,
CARMEN CONSING LA'O, JOSE LA'O, JULIA LA'O, LA SALVACION
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 AGRICULTURAL CORP., ENRIQUE LEDESMA, LEDESMA HERMANOS, INC.,
JESUS LEDESMA, SPOUSES JOSE MA. and EVA LEDESMA, LEGA FARMS,
CORP., ESTATE OF ANASTACIO LEGARDE, LIMJAP-ALUNAN AGRI, JESUS
LIZARES, JOSE LIZARES, LUIS LIZARES, NILO LIZARES, SR. and JR., SPOUSES
JOSE and PERLA LIZARES, ROBERTO LIZARES, ANTONIO LOCSIN, FEDERICO
LOCSIN, JR., SPS. ROBERT and JEAN MARIE WINEBURGER, ESTATE OF JOSE
LOCSIN, OSCAR LOCSIN, SPOUSES JOSE MA. and MARGARITA LOCSIN,
VICENTE LOCSIN, LONOY AGRICULTURAL CORP., DOLORES LOLITA VDA. DE
LOPEZ, FORTUNATO LOPEZ, NER LOPEZ, ESTATE OF NIEVES LOPEZ,
POMPEYO LOPEZ, ROSENDO LOPEZ, ARTURO DE LUZURIAGA, CLAUDIO DE
LUZURIAGA, CATALINA VDA. DE MAKILAN, BENITO MALAN, BASILIO
MANALO, MANCY & SONS, INC., MANILAC AGRO COMMERCIAL CORP.,
SPOUSES MANUEL and LUISA MANOSA, JULIO and GENEVIEVE MAPA,
MAPLE AGRI-CORP., INC., MARLAND AGRICULTURAL CORP., MARVIA & CO.,
INC., ANTONIO MENDOZA, BERNARDO MENDOZA, JR., SPOUSES BERNARDO
and ROSARIO MENDOZA, MALAURIE AGRICULTURAL DEVELOPMENT CORP.,
HEIRS OF MANUEL and CEFERINO MONFORT, ESTATE OF MANUEL
MONFORT, JR., SPOUSES EMILIO and LINDA MONTALVO, MONTILLA
SISTERS AGRICULTURAL CORP., ANTONIO MONTINOLA, NIEVES AGRO-
INDUSTRIAL DEVELOPMENT CORP., MAMERTO DE OCA, O. LEDESMA & CO.,
INC., HEIRS OF MERCEDES PABIANA, TEODULO PABIANA, ESTATE OF
ROSARIO PALENZUELA, ESTATE OF ENCARNACION PANLILIO, JOSE
PASCUAL, JOHNNY DE LA PENA, ANICETA PERDIGUEROS, AQUILES
PERDIGUEROS, LUISA PEREZ, CRISTINA PERTIERRA, PHISON FARMS, INC.,
ESTATE OF JOSEFINA PICCIO, PISON-LOCSIN KAUTURAN, NICOLAS
POLINARIO, PUYAS AGRO, INC., ESTATE OF LEONOR DE LA RAMA, LUIS
RAMA, RAMON DE LA RAMA AGRO DEVELOPMENT CORP., REMO RAMOS,
BENJAMIN RAMOS, MARIANO RAMOS, SPOUSES ENRIQUE and TERESITA
REGALADO, SPS. JOSE MA. and AMELIA REGALADO, MANUEL REGALADO,
AQUILINO REONIR, RHE & SONS AGRO INDUSTRIAL CORP., ROAM
AGRICULTURAL CORP., AMANDO ROBILLO, ROMALUX AGRI FARMS, INC.,
LETECIA DEL ROSARIO, MANUEL DEL ROSARIO, EULALIA ROSELLO,
ROSENDO H. DE LA RAMA & CO., BIBIANO SABINO, SPOUSES REINHARDT
and CORAZON SAGEMULLER, PEDRO SAJO, SPOUSES AQUILES and MA.
CRISTINA SAJO, SAN ANTONIO FARMS, JOSE MA. SANTOS, MARCELINO
SAUSI, STA. CLARA ESTATE, INC., SPOUSES FRANCISCO and JULITA
SERRIOS, ANTONIO SIAN, SIASON-DITCHING AGRO INDUSTRIAL CORP.,
SPOUSES LUCRECIO SORIANO and LIBERATA DALIMO-OS, IMELDA
TAMPINCO, T. GENSOLI & CO., TINIHABAN AGRICULTURAL CORP., SPOUSES
LINO and THELMA TOLEDO, FRANCISCO TORIANO, GODOFREDO TORIANO,
LUCRECIO TORIANO, MOISES TORIANO, TOTA, INC., DEMOCRITO TRECHO,
JESUSA TRECHO, PABIO TRECHO, RUFINO TRECHO, ESTATE OF
FLORENTINO TREYES, ESTATE OF VICTOR TREYES, FERNANDO TREYES,
LILIA TREYES, SOCORRO TUVILLA, FRANCIS TUVILLA, SPS. JOE MARIE and
VICTORIA TUVILLA, JOSE URBANOZO, JR., ESTATE OF ROSARIO VALENCIA,
EDUARDO DE VENECIA, VICTORIAS MILLING, CO., INC., SPOUSES EDSEL and
RITA VILLACIN, JOSEFA VILLAERA, VILLALAYA AGRO DEVELOPMENT,
SERAFIN VILLANUEVA, IRVING VILLASOR, DOMINICIANO VINARTA,
ROSENDO and CANDIDO VINARTA, BERNARD YBIERNAS, ESTRELLA
YBIERNAS, SPOUSES CARLOS and EDITH YLANAN, BENITO YOUNG,
SPOUSES RENATO and VICTORIA YULO, and JESUS YUSAY , respondents.

DECISION

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 PERALTA , J : p

Before this Court is a Petition for Review on certiorari, 1 under Rule 45 of the Rules of Court,
seeking to set aside the September 30, 1999 Decision 2 and January 10, 2000 Resolution 3 of the
Court of Appeals (CA) in CA-G.R. CV No. 53841.
The facts of the case are as follows:
Under Presidential Decree No. 388, 4 the Philippine Sugar Commission (PHILSUCOM) was
created and vested with the power to act as the single buying and selling agency of sugar in the
Philippines. On September 7, 1977, PHILSUCOM further organized the National Sugar Trading
Corporation (NASUTRA) as its buying marketing arm. Petitioner Robert S. Benedicto 5 was the
concurrent Chairman and President of Traders Royal Bank 6 and NASUTRA.
The case stems from a Complaint, 7 docketed as Civil Case No. 95-9137 (Bacolod
Case) , led by respondents, individual sugar planters and agricultural corporations Manuel
Lacson et al., on November 23, 1995, in the Regional Trial Court (RTC) of Bacolod City, Branch 44.
Respondents' complaint was premised on a claim for unpaid shares based on Sugar Order No. 2,
series of 1979-1980 8 and Sugar Order No. 1, series of 1980-1981 9 issued by PHILSUCOM. The
claims cover the sugar export sales 1 0 supposedly undervalued by NASUTRA and coursed
through Traders Royal Bank, the total amount of which is claimed by respondents to be
$33,907,172.47, to wit: SDaHEc

SUMMARY OF CLAIMS UNDER THE FIRST TO FIFTEENTH CAUSES OF ACTION

92. As tabulated in Annex C hereof, while the total amount actually paid by the
buyers and collected by the PHILSUCOM and the Defendants NASUTRA, BENEDICTO,
MONTEBON and TRB on the sales of export sugar subject of the preceding Causes of
Action, amounted to US$94,146,954.03, the PHILSUCOM and the said Defendants recorded
and reported a total collection of only US$60,239,781.56, resulting in an undervaluation of
Defendant NASUTRA's export sales by US$33,907,172.74 and, correspondingly, in an
equivalent understatement of the amount due the Plaintiffs and other sugar producers in the
pro ts realized from such sales, pursuant to the directive of then President Marcos as
implemented in the PHILSUCOM SUGAR ORDERS hereto attached as Annexes B and B-1
hereof.

93. Accordingly, on the basis of their respective production of "A" and "C" sugar
for the 1980-1981 crop year vis-Ã -vis the national production of 20,474,653 piculs of the
same classes of sugar for the same crop year, the Plaintiffs are entitled to the payment by
Defendants of their pro rata share, in the amounts indicated opposite their respective names
in Annex C-1 hereof, in the undeclared pro t of US$33,907,172.74 realized from the export
sales, subject of the preceding Causes of Action, during the said crop year. 1 1

Petitioner, as President and concurrent Chairman of both Traders Royal Bank and
NASUTRA, was charged by respondents with fraud and bad faith, not only in refusing to furnish
them accurate data on NASUTRA's export sugar sales, but, more importantly, in under-reporting
and under-declaring the true prices of the shipments. 1 2 Respondents, thus, prayed for a refund of
their shares in the undervalued shipments. IDSaEA

On December 27, 1995, petitioner led a Motion to Dismiss, 1 3 arguing therein (1) that
respondents had violated the rule on forum shopping; (2) that respondents have no cause of
action; (3) that the issues involved are res judicata or rendered moot by case law; and (4) that the
claim or demand has already been paid.
On the issue of forum shopping, petitioner argued that respondents have already led the
following cases beforehand, viz.: (a) Civil Case No. 4301 , before Branch 51 of the RTC of
Bacolod, entitled Hector Lacson, et al. v. NASUTRA et al. , (Hector Lacson Case ); (b) Civil Case
No. 88-46368 , before Branch 23 of the RTC of Manila, entitled Ramon Monfort et al. v. NASUTRA
et al. (Ramon Monfort Case ); and (c) Civil Case No. 65156 , before Branch 264 of the RTC of
Pasig, entitled Manuel Lacson, et al. v. NASUTRA, et al. (Pasig Case ). 1 4
On the issue of no cause of action, petitioner argued that: (a) not being their agent,
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 NASUTRA had no obligation to share its pro ts with respondents; (b) the questioned
transactions were already perfected and consummated both with respect to the delivery of the
sugar and full payment of the price; (c) respondents are estopped from questioning the subject
transactions, having executed in favor of NASUTRA a "Chattel Mortgage on Standing Crop" which
authorized the latter, among others, to sell or dispose of the same at the time, place, and for the
price which it may deem convenient and reasonable; and (d) NASUTRA had long been dissolved
and liquidated under Presidential Decree No. 2005 and Executive Order No. 114. 1 5 IHDCcT

Lastly, petitioner argued that the issues posed by respondents are barred by res judicata
and/or rendered moot by the decisions in the following cases, viz.: (a) G.R. No. 55798, entitled
Corazon Sayco, et al. v. NASUTRA et al. ; n (b) Civil Case No. Q-33723, entitled Hortensia Starke v.
NASUTRA, et al.; (c) Civil Case No. 3265, entitled Cecilia Magsaysay, et al. v. NASUTRA et al. ; and
(d) Civil Case No. 16439, entitled John Keng Seng v. NASUTRA, et al. 1 6
On March 26, 1996, respondents led a Consolidated Opposition to Motion to Dismiss. 1 7
Simultaneous thereto, respondents also filed an "Amended Certification" to the following effect:
xxx xxx xxx

2. That, except for the case entitled Manuel Lacson v. Roberto S.

Benedicto, et al. , Civil Case 65156, Pasig, RTC Branch 264, led by some of the
Plaintiffs on June 20, 1995 and subsequently withdrawn by them without
prejudice on November 14, 1995 pursuant to Sec. 1, Rule 17 prior to the ling of
the present suit , Plaintiffs have not commenced any other action or proceeding involving
the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
that to the best of my knowledge, no such action or proceeding is pending the Supreme
Court, the Court of Appeals, or any other tribunal or agency; and if I or they should hereafter
learn that a similar action or proceeding has been led or pending before the Supreme Court,
Court of Appeals, or any other tribunal or agency, Plaintiffs and I hereby undertake to report
such fact within five (5) days therefrom to this Honorable Court. 1 8

On June 5, 1996, the RTC issued an Order 19 granting petitioner's motion to dismiss the
complaint, the dispositive portion of which reads:
WHEREFORE, premises considered, the Motions to Dismiss are hereby GRANTED. The
case against all the defendants is ordered DISMISSED.
Furnish copies of this Order all counsel on record for their information. DHIETc

SO ORDERED. 2 0

The RTC ruled that a perusal of the copies of the complaints in two cases, namely: Hector
Lacson Case and Ramon Monfort Case show similarities with the present Bacolod Case such that
different decisions or rulings would give rise to con icting rules on law on similar issues. 2 1 The
RTC also held that respondents were guilty of forum shopping for failure to report in their original
anti-forum shopping certi cation in the Bacolod Case that they had led a similar case with the
RTC of Pasig notwithstanding that the same had been withdrawn by them. The RTC ruled that
even if the Pasig Case had been withdrawn, the same had already been commenced. 2 2 Thus, the
RTC held that there was a need to report the same in the anti-forum shopping certi cation in the
Bacolod Case. Lastly, the RTC ruled that NASUTRA had already been dissolved and hence,
respondents have no cause of action against NASUTRA. 2 3 The other grounds raised, however, by
petitioner in support of its motion to dismiss were denied by the RTC, as the same did not appear
to be indubitable without further evidence. 2 4
Respondents appealed the RTC Order to the CA.
On September 30, 1999, the CA rendered a Decision reversing the assailed RTC Order. The
CA found merit in respondents' appeal and ordered for the remand of the case to the RTC. The
dispositive portion of the Decision reads:
WHEREFORE, the appeal is GRANTED and the Assailed Order dated June 5, 1996 is
REVERSED and SET ASIDE, and in lieu thereof, a new one is entered ordering the REMAND of
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 the case to the court of origin for further proceedings.

SO ORDERED. 2 5 HEISca

Aggrieved by the CA Decision, petitioner led a Motion for Reconsideration, 2 6 which was,
however, denied by the CA in a Resolution dated January 10, 2000.
Hence, herein petition, with petitioner raising the following errors committed by the CA, to
wit:
5.1. WHEN IT ABSOLVED THE PRIVATE RESPONDENTS OF ANY VIOLATION OF
THE ANTI-FORUM SHOPPING RULE NOTWITHSTANDING THEIR (CONCEDED) FAILURE TO
SEASONABLY APPRISE THE BACOLOD COURT OF THE EARLIER FILING OF A SIMILAR
CASE BEFORE THE PASIG COURT, THE SAME BEING A MATERIAL INFORMATION THE NON-
DISCLOSURE OR CONCEALMENT THEREOF CONSTITUTING AN INEXCUSABLE OMISSION
CLEARLY PENALIZED UNDER THE PERTINENT SC CIRCULARS AND SECTION 5, RULE 7 OF
THE NEW RULES OF CIVIL PROCEDURE;
5.2. WHEN IT REFUSED TO APPLY THE PRINCIPLE OF LITIS PENDENTIA
NOTWITHSTANDING THE (CONCEDED) SIMILARITIES IN THE CIRCUMSTANCES OF THE
PLAINTIFFS, THE IDENTITIES OF THE DEFENDANTS AND, MOREOVER, THE SIMILARITIES
IN SOME OF THE ANTECEDENT ISSUES IN CIVIL CASE NO. 95-9137 AND IN THE OTHER
PENDING CASES AGAINST THE HEREIN PETITIONERS; and
5.3. WHEN IT FAILED TO CONSIDER THAT CIVIL CASE NO. 95-9137 DESERVES
DISMISSAL, AT ANY RATE, BASED ON THE OTHER GROUNDS INVOKED BY THE HEREIN
PETITIONERS, NAMELY, LACK OF CAUSE OF ACTION, RES JUDICATA, PAYMENT AND
PRESCRIPTION. 2 7 TcEDHa

The petition is not meritorious.

On Forum Shopping: Civil Case No. 95-9137 (Bacolod Case) vis-a-vis Civil Case No.
65156 (Pasig Case)
Petitioner contends that respondents are guilty of forum shopping because they failed to
disclose, at the time of the ling of the Bacolod Case, the fact that some of the respondents had
earlier commenced a similar action in Pasig. Petitioner claims that respondents should have
informed the RTC of Bacolod of the commencement and subsequent withdrawal of the Pasig
Case in the certi cate of non-forum shopping. Petitioner insists that even if the Pasig Case was
subsequently withdrawn, the same still constituted a "commenced action," which is required to be
disclosed under the rules of forum shopping.
Section 5, Rule 7 of the 1997 Rules of Civil Procedure provides that:
SEC. 5. Certi cation against forum shopping . — The plaintiff or principal party
shall certify under oath in the complaint or other initiatory pleading asserting a claim for
relief, or in a sworn certi cation annexed thereto and simultaneously led therewith: (a) that
he has not theretofore commenced any action or led any claim involving the same issues
in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such
other action or claim is pending therein; (b) if there is such other pending action or claim, a
complete statement of the present status thereof; and (c) if he should thereafter learn that
the same or similar action or claim has been led or is pending, he shall report that fact
within ve (5) days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed.

Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the dismissal
of the case without prejudice, unless otherwise provided, upon motion and after hearing. The
submission of a false certi cation or non-compliance with any of the undertakings therein
shall constitute indirect contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his counsel clearly constitute
willful and deliberate forum shopping, the same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt as well as a cause for administrative
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 sanctions.

A perusal of the records shows that, with the exception of additional party-plaintiffs, the
Pasig Case actually has a strong resemblance to the Bacolod Case. The Pasig Case, however,
was dismissed upon the instance of the plaintiffs even before the Bacolod Case was led. The
RTC Order 2 8 allowing the dismissal of the complaint in the Pasig Case is hereunder reproduced,
to wit: aHcACT

xxx xxx xxx

On November 14, 1995, A Notice of Dismissal was led by plaintiffs thru counsel,
Attys. Ricardo G. Nepomuceno, Jr. and Epifanio Sedigo, Jr., pursuant to Section 1, Rule 17 of
the Rules of Court.
According to the said Rule, plaintiff may, at any time before service of
answer, dismiss an action by filing a notice of dismissal.

Records show that no answer has yet been filed by defendants.

Being in conformity to the Rules, the same is hereby granted.
WHEREFORE, herein complaint is hereby DISMISSED and without prejudice to the
re-filing thereof.
Notify parties and counsel of this Order.

SO ORDERED. 2 9

The essence of forum shopping is the ling by a party against whom an adverse judgment
has been rendered in one forum, seeking another and possibly favorable opinion in another suit
other than by appeal or special civil action for certiorari; 3 0 the act of ling of multiple suits
involving the same parties for the same cause of action, either simultaneously or successively for
the purpose of obtaining a favorable judgment. 3 1 Forum shopping exists where the elements of
litis pendentia are present or where a nal judgment in one case will amount to res judicata in the
action under consideration. 3 2
There is no dispute that the dismissal of the complaint in the Pasig case, upon notice of the
plaintiffs therein, was sanctioned by Section 1, Rule 17 of the Revised Rules of Court. 3 3 Quite
clearly, the Order declared that the dismissal of the complaint was without prejudice to the re-
ling thereof. Moreover, even if the same were tested under the rules on litis pendentia and res
judicata, the danger of con icting decisions cannot be present, since the Pasig case was
dismissed even before a responsive pleading was led by petitioner. Since a party resorts to
forum shopping in order to increase his chances of obtaining a favorable decision or action, it has
been held that a party cannot be said to have sought to improve his chances of obtaining a
favorable decision or action where no unfavorable decision has even been rendered against him
in any of the cases he has brought before the courts. 3 4
While the RTC may have been of the opinion that the Pasig Case was nevertheless
"commenced" and, therefore, the same should have been stated by respondents in their
certification of non-forum shopping in the Bacolod case, this Court does not share the same view.
SAHEIc

In Roxas v. Court of Appeals , 3 5 this Court had on occasion ruled that when a complaint is
dismissed without prejudice at the instance of the plaintiff, pursuant to Section 1, Rule 17 of the
1997 Rules of Civil Procedure, there is no need to state in the certi cate of non-forum shopping in
a subsequent re- led complaint the fact of the prior ling and dismissal of the former complaint,
thus:
Considering that the complaint in Civil Case No. 97-0523 was dismissed
without prejudice by virtue of the plaintiff's (herein petitioner's) Notice of
Dismissal dated November 20, 1997 led pursuant to Section 1, Rule 17 of the
1997 Rules of Civil Procedure, there is no need to state in the certi cate of non-
forum shopping in Civil Case No. 97-0608 about the prior ling and dismissal of
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 Civil Case No. 97-0523 . In Gabionza v. Court of Appeals , we ruled that it is scarcely
necessary to add that Circular No. 28-91 (now Section 5, Rule 7 of the 1997 Rules of Civil
Procedure) must be so interpreted and applied as to achieve the purposes projected by the
Supreme Court when it promulgated that Circular. Circular No. 28-91 was designed to serve
as an instrument to promote and facilitate the orderly administration of justice and should
not be interpreted with such absolute literalness as to subvert its own ultimate and
legitimate objective or the goal of all rules or procedure — which is to achieve substantial
justice as expeditiously as possible. The fact that the Circular requires that it be strictly
complied with merely underscores its mandatory nature in that it cannot be dispensed with
or its requirements altogether disregarded, but it does not thereby interdict substantial
compliance with its provisions under justifiable circumstances.

Thus, an omission in the certi cate of non-forum shopping about any event that
would not constitute res judicata and litis pendencia as in the case at bar, is not fatal as to
merit the dismissal and nulli cation of the entire proceedings considering that the evils
sought to be prevented by the said certi cate are not present. It is in this light that we ruled
i n Maricalum Mining Corp. v. National Labor Relations Commission that a liberal
interpretation of Supreme Court Circular No. 04-94 on non-forum shopping would be more in
keeping with the objectives of procedural rules which is to "secure a just, speedy and
inexpensive disposition of every action and proceeding." 3 6 AEITDH

Verily, in numerous occasions, this Court has relaxed the rigid application of the rules to
afford the parties the opportunity to fully ventilate their cases on the merits. This is in line with the
time-honored principle that cases should be decided only after giving all parties the chance to
argue their causes and defenses. Technicality and procedural imperfection should thus not serve
as basis of decisions. 3 7 Technicalities should never be used to defeat the substantive rights of
the other party. 3 8 Every party-litigant must be afforded the amplest opportunity for the proper
and just determination of his cause, free from the constraints of technicalities. 3 9 In that way, the
ends of justice would be better served. 4 0 For, indeed, the general objective of procedure is to
facilitate the application of justice to the rival claims of contending parties, bearing always in
mind that procedure is not to hinder but to promote the administration of justice. 4 1 In the case at
bar, considering that the same involves the various claims of 371 respondents, this Court nds
that justice and equity are best served by allowing respondents to prove their case on the merits
rather than denying them their day in court on a strict application of the rules.
On Litis Pendentia : Bacolod Case, Hector Lacson Case, Ramon Monfort Case
Petitioner contends that the CA erred when it refused to apply the principle of litis
pendentia notwithstanding the similarities in the circumstances of the plaintiffs, the identities of
the defendants and the similarities in some of the antecedent issues in the Bacolod Case, the
Hector Lacson Case and Ramon Monfort Case.
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. 4 2
The underlying principle of litis pendentia is the theory that a party is not allowed to vex
another more than once regarding the same subject matter and for the same cause of action. 4 3
This theory is founded on the public policy that the same subject matter should not be the
subject of controversy in courts more than once, in order that possible conflicting judgments may
be avoided for the sake of the stability of the rights and status of persons. 4 4
The CA was correct when it opined that: TEaADS

Our perusal of the record reveals that forum shopping cannot, indeed, be attributed to
the appellants. While it may be readily conceded that the plaintiffs in the instant case are
more or less similarly situated as the plaintiffs in the cases previously led and that the
defendants, or at least the interest they represent, are basically the same, the fact remains
that there is no identity of causes of action and issues in the cases so far led against the
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 latter. The instant suit, as may be gleaned from the complaint, concerns the supposed
undervaluation by the appellees of fteen (15) sugar export sales of the appellants' export
sugar production for the crop years 1979-1980 and 1980-1981 (pp. 3-32, Orig. Rec.). In
contrast, Civil Case No. 4301, entitled "Hector Lacson, et al. vs. National Sugar
Trading Corporation, et al. " concerns the overcharging of trading costs for the plaintiffs'
export sugar production for the crop years 1981-1982 and 1982-1983 , underpayment
resulting from the defendants' use of an erroneous peso-dollar exchange rate and
reimbursement for amounts alleged to have been wrongfully withheld by the latter (pp. 163-
171, ibid. ) On the other hand, Civil Case No. 88-46368 entitled "Ramon Monfort, et al. vs.
Philippine Sugar Commission, et al. " concerned the de ciency due the plaintiffs therein
from sugar export sales for which a lower exchange rate was allegedly used by the
defendants, the recovery, among others, of excessive trading costs charged, unauthorized
deductions, damages, premiums and other sums supposedly still due from the defendants,
as well as a detailed accounting of the sales of the export sugar produced by the plaintiffs
therein. While the amended complaint led in the case also sought to claim differentials for
three (3) under-valued/under-declared NASUTRA export sales from the crop year 1980-1981
harvest, the same signi cantly pertained to different shipments and were coursed not
through appellee Traders' Royal Bank but through the Republic Planters Bank (pp. 246-271,
ibid ). The variance in the subject matters of the instant case and the aforesaid cases are
even conceded in the brief filed by appellee Roberto Benedicto (pp. 153-155, Rollo ). 4 5

The test to determine identity of causes of action is to ascertain whether the same
evidence necessary to sustain the second cause of action is su cient to authorize a recovery in
the rst, even if the forms or the nature of the two (2) actions are different from each other. If the
same facts or evidence would sustain both, the two (2) actions are considered the same within
the rule that the judgment in the former is a bar to the subsequent action; otherwise, it is not. This
method has been considered the most accurate test as to whether a former judgment is a bar in
subsequent proceedings between the same parties. It has even been designated as infallible. 4 6
SCIacA

While the plaintiffs in the Bacolod Case are more or less similarly situated as the plaintiffs
in the Hector Lacson Case and Ramon Monfort Case, the CA was correct when it ruled that there
was no identity of causes of action and issues 4 7 as it cannot be said that exactly the same
evidence are needed to prove the causes of action in all three cases.
Thus, in the Bacolod Case, the evidence needed to prove that petitioner undervalued fteen
sugar export sales of respondents' export sugar production for the crop years 1979-1980 and
1980-1981 is not the same evidence needed in the Hector Lacson Case to prove the over-
charging of trading costs for respondents' export sugar production for the crop years 1981-
1982 and 1982-1983 , underpayment resulting from the petitioner's use of an erroneous peso-
dollar exchange rate and reimbursement for amounts alleged to have been wrongfully withheld by
the latter. The same holds true for the Ramon Monfort Case where the same signi cantly
pertained to different shipments and were coursed not thru the Traders Royal Bank, but thru the
Republic Planters Bank. The Court of Appeals, therefore, did not abuse its discretion in nding
that no litis pendentia existed in the case at bar.
On the "other grounds" which warrant the dismissal of the action
It is the position of petitioner that the CA erred when it chose not to dismiss the case
based on the "other grounds" petitioner had earlier raised in its motion to dismiss. More
speci cally, petitioner claims that the grounds of lack of cause of action, res judicata, payment
and prescription warrant the dismissal of the complaint.
The same deserves scant consideration.
It bears to stress that the RTC, in its June 5, 1996 Order, did not also consider the other
grounds now raised by petitioner, to wit:
In view of the su ciency of the grounds for dismissal discussed above, the other
grounds invoked by the defendants in their Motion to Dismiss, which do not
appear to be indubitable without additional evidence need not be considered . 4 8

While petitioner's Motion to Dismiss was granted by the RTC in its June 5, 1996 Order, the
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 same Order, however, effectively denied the other grounds raised by petitioner as the same did
not appear to be indubitable without additional evidence. IHTaCE

It is a settled rule that an Order denying a motion to dismiss is merely interlocutory and,
therefore, not appealable, nor can it be subject of a petition for review on certiorari. Such order
may only be reviewed in the ordinary course of law by an appeal from the judgment after trial. The
ordinary procedure to be followed in that event is to le an answer, go to trial, and if the decision
is adverse, reiterate the issue on appeal from the final judgment. 4 9
While the rule refers to instances when a motion to dismiss is completely denied, this Court
nds no reason not to apply the same in instances when some of the grounds raised in a motion
to dismiss are denied by the lower court. The "other grounds" now raised by petitioner were not
before the CA because the same were not put in issue by respondents when they chose to assail
the RTC's Order to dismiss the complaint. This is understandable especially since the "other
grounds" were not made the basis of the RTC's Order. Procedurally then, the proper remedy of
petitioner, should he choose to reassert the "other grounds," is to interpose the same as defenses
in his answer and not to put them in issue in this appeal.
WHEREFORE , premises considered, the petition is DENIED . The September 30, 1999
Decision and January 10, 2000 Resolution of the Court of Appeals in CA-G.R. CV No. 53841,
directing for the remand of the case, are AFFIRMED . The Regional Trial Court of Bacolod City,
Branch 44, is hereby ordered to hear the case on the merits and decide the same with deliberate
dispatch.
SO ORDERED .
Corona, Nachura, Bersamin * and Mendoza, JJ., concur.

Footnotes
1.Rollo, pp. 12-59.
2.Penned by Associate Justice Fermin A. Martin, Jr., with Associate Justices B.A. Adefuin-dela Cruz and
Presbitero J. Velasco, Jr. (now a member of this Court), concurring; id. at 64-89.
3.Id. at 91-92.
4.Promulgated on February 2, 1974, as amended by Presidential Decree No. 1192 dated September 2,
1977.
5.Note that Robert S. Benedicto died on May 15, 2000 as evidenced by a Certificate of Death; rollo, p. 686.
Per this Court's June 20, 2001 Resolution, Robert S. Benedicto has been substituted by the
administratix of his estate; id. at 719.

6.Note this Court's December 11, 2006 First Division Resolution wherein Traders Royal Bank's motion to
withdraw as co-petitioner was granted on the basis of an amicable settlement/compromise
agreement with respondents; id. at 1065.
7.Id. at 132-161.

8.PHILSUCOM SUGAR ORDER NO. 2

Series of 1979-1980
xxx xxx xxx
1. The sugar pertaining 1979-1980 crop shall continue to be liquidated by NASUTRA at the
following prices without prejudice to future adjustments as circumstances may warrant:

"A" (Export Sugar) — P90.00 per picul

"C" (Reserve Sugar) — 90.00 per picul
"B" (Domestic Sugar) — 110.00 per picul
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 "B" (Washed Sugar) — 124.00 per picul
2. That in addition to these prices, an additional price on "A" and "C" sugars of the 1979-80 crop
which are exported equivalent to 50% of the export profits of NASUTRA over and above its break-
even cost shall be paid to the producers (planters and millers) on a quarterly and pro rata basis
beginning the end of the first quarter of calendar year 1980. The balance of 50% of such export
profits of NASUTRA shall be applied to the full repayment of the PHILSUCOM-NASUTRA loans
above-mentioned.
3. That this order shall apply retroactively to all sugars already produced since the start of milling
of the 1979-1980 crops and prospectively to all sugars still to be produced up to the end of crop
year 1979-1980. . . .; rollo, pp. 177-178.

9.PHILSUCOM SUGAR ORDER NO. 1

Series of 1980-1981
xxx xxx xxx
2. That sugar pertaining to the 1980-1981 crop shall be liquidated by NASUTRA at the following
prices, without prejudice to future adjustments as circumstances may warrant:

"A" (Export Sugar) — P115.00 per picul

"C" (Reserve Sugar) — 115.00 per picul
"B" (Domestic Sugar) — 110.00 per picul
"B" (Washed Sugar) — 124.20 per picul
In addition to the above-stated liquidation price for "A" and "C" Sugar of the 1980-1981 crop, an
additional price for the same classes of sugar which are exported equivalent to 50% of the export
profits of NASUTRA over and above it break-even cost shall be paid to the producers (planters and
millers) on a quarterly and pro rata basis beginning with the first quarter of calendar year 1981. The
remaining 50% of such export profits of NASUTRA shall be applied to the repayment of loans from
local and foreign sources contracted by PHILSUCOM-NASUTRA to support the liquidation prices
paid to the producers which were at a level higher than export prices prevailing in the world market.
The above stated liquidation prices for crop year 1980-1981 shall apply retroactively to all sugars
already produced since September 1, 1980 and prospectively to all sugars still to be produced up to
the end of August 1981. . . . ; id. at 175-176.
10."Summary of Undervalued/Under-Declared Nasutra Export Sales Coursed Thru TRB;" id. at 179.

Shipment Vessel Quantity Actual Reported Undervaluation

Date Collection Collection

10/25/80 MV Fairwind 450.00 LT $266,716.80 $153,115.20 $113,601.60

11/13/80 MV Dona 24,350.00 LT 10,524,722.40 10,359,697.60 183,024.80
Corazon
12/02/80 MV Dona 725.00 LT 429,710.40 246,685.60 183,024.80
Magdalena
12/10/80 MV Centurion 22,800.00 LT 13,375,756.80 7,757,836.80 5,617,920.00
Bulker
01/21/81 MV Tauros 25,565.00 LT 16,327,592.82 9,373,247.73 6,954,345.09
01/27/81 MV Union 7,800.00 LT 4,506,102.67 2,751,273.91 1,754,828.76
Caribbean
12/22/80 MV Silver 10,000.00 LT 6,079,494.04 3,422,361.71 2,657,132.33
Wave
01/02/81 MV Caribbean 6,213.90 LT 3,646,837.25 2,052,933.37 1,593,903.88
Ace
01/02/81 MV Hokuho 4,467.40 LT 2,621,844.69 1,475,928.89 1,145,915.80
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 Maru
01/29/81 MV Capitan 14,763.78 LT 9,017,954.18 5,228,288.37 3,789,665.81
Kushnarenko
01/30/81 MV Irene 8,858.26 LT 5,678,577.25 4,649,332.99 1,029,244.26
02/02/81 MV Sophia 11,000.00 MT 6,353,729.95 3,683,666.14 2,670,063.81
02/19/81 MV Ios 2,670.08 LT 1,668,653.57 1,222,970.89 445,682.68
03/10/81 MV Faith Five 306.68 MT 117,610.01 104,605.56 13,004.45
MV Dona
06/02/81 Magdalena 22,800.00 LT 13,513,651.20 7,757,836.80 5,755,814.40
————— ———————— —————
TOTALS $94,146,954.03 $60,239,781.56 $33,907,172.47
============ ============ ============

11.Rollo, pp. 158-159.

12.Id. at 74.
13.Id. at 192-216.
14.Id. at 74.

15.Id. at 74-75.
16.Id. at 75.
17.Id. at 217-268.
18.Id. at 76. (Emphasis supplied.)

19.Id. at 400-405.
20.Id. at 405.

21.Id. at 403.
22.Id. at 404.

23.Id.

24.Id.
25.Id. at 88.

26.Id. at 594-604.
27.Id. at 23.

28.Id. at 130-131.

29.Id. (Emphasis supplied.)

30.Heirs of Trinidad de Leon Vda. De Roxas v. Court of Appeals, G.R. No. 138660, February 5, 2004, 422
SCRA 101.
31.Executive Secretary v. Gordon, G.R. No. 134171, November 18, 1998, 298 SCRA 736, 740.

32.Marcopper Mining Corporation v. Solidbank Corporation, G.R. No. 134049, June 17, 2004, 432 SCRA
360, citing cases.
33.Section 1, Rule 17 of the Revised Rules of Court states:

SECTION 1. Dismissal upon notice by plaintiff. — A complaint may be dismissed by the plaintiff by
filing a notice of dismissal at any time before service of the answer or of a motion for summary
judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal.
Unless otherwise stated in the notice, the dismissal is without prejudice, . . . .
34.Executive Secretary v. Gordon, supra note 31, at 741.
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 35.415 Phil. 430 (2001).

36.Id. at 445. (Emphasis supplied.)

37.Crystal Shipping, Inc. v. Natividad, G.R. No. 154798, October 20, 2005, 473 SCRA 559, 566.

38.Dalton-Reyes v. Court of Appeals, G.R. No. 149580, March 16, 2005, 453 SCRA 498, 508.
39.Philippine Amusement and Gaming Corporation v. Angara, G.R. No. 142937, November 15, 2005, 475
SCRA 41, 53.

40.Heavylift Manila, Inc. v. Court of Appeals, G.R. No. 154410, October 20, 2005, 473 SCRA 541, 547.
41.Asian Spirit Airlines (Airline Employees Cooperative) v. Bautista, G.R. No. 164668, February 14, 2005,
451 SCRA 294, 301.

42.Dayot v. Shell Chemical Company (Phils.), Inc., G.R. No. 156542, June 26, 2007, 525 SCRA 535, 545-
546; Abines v. Bank of the Philippine Islands, G.R. No. 167900, February 13, 2006, 482 SCRA 421,
429.
43.Sherwill Development Corporation v. Sitio Sto. Niño Residents Association, Inc., G.R. No. 158455, June
28, 2005, 461 SCRA 517, 531.

44.Forbes Park Association, Inc. v. Pagrel, Inc., G.R. No. 153821, February 13, 2008, 545 SCRA 39, 49.
45.Rollo, pp. 82-83. (Underscoring supplied.)

46.Vda. de Cruzo v. Carriaga, Jr., G.R. Nos. 75109-10, June 28, 1989, 174 SCRA 330, 342.

47.Rollo, p. 82.
48.Id. at 404.

49.Españo, Sr. v. Court of Appeals, 335 Phil. 983, 987-988 (1997).

*Designated as an additional member in lieu of Associate Justice Presbitero J. Velasco, Jr. per Raffle
dated April 28, 2010.

n Note from the Publisher: Written as "Corazon Zayco, et al. v. NASUTRA et al" in the original document.

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