5-Citystate Savings Bank Inc. v. Aguinaldo
5-Citystate Savings Bank Inc. v. Aguinaldo
5-Citystate Savings Bank Inc. v. Aguinaldo
DECISION
REYES , J : p
This is a petition for review on certiorari 1 under Rule 45 of the Rules of Court,
assailing the Decision 2 dated June 21, 2011 and Resolution 3 dated January 5, 2012 of the
Court of Appeals (CA) in CA-G.R. SP No. 117154, which reversed and set aside the Orders
dated May 24, 2010 4 and September 20, 2010 5 of the Regional Trial Court (RTC) of
Parañaque City, Branch 274, in Civil Case No. 02-0107. The RTC denied the Motion to
Admit Amended Complaint filed by Maximiano P. Aguinaldo (Aguinaldo).
The Facts
Aguinaldo claimed that he is the owner and possessor of a 590-square-meter
property situated in San Dionisio, Parañaque City and covered by Transfer Certi cate of
Title (TCT) No. S-79128 of the Register of Deeds of Parañaque City. 6
Sometime in August 2000, Aguinaldo discovered that a certain Rolando Mojica, Jr.
(Mojica) had fraudulently obtained a certi cate of title, particularly TCT No. 142492, over
the same property in the latter's name. Thereupon, on March 28, 2001, Aguinaldo led a
complaint for the nulli cation of TCT No. 142492 with the RTC-Branch 258, against Mojica;
he likewise caused the annotation of a notice of lis pendens in the said title. On September
28, 2001, the RTC-Branch 258, rendered judgment in favor of Aguinaldo and declared TCT
No. 142492 null and void. 7
However, before Aguinaldo discovered the existence of TCT No. 142492, Mojica had
already executed a real estate mortgage over the subject property in favor of Citystate
Savings Bank, Inc. (Citystate) on October 25, 1991 as security for a loan. When Mojica was
unable to pay said loan, Citystate extrajudicially foreclosed the property and was declared
the highest bidder in the public auction. 8 Consequently, Citystate consolidated its title to
the subject property; TCT No. 151051 was issued in its name on January 18, 2002. 9 Thus,
on March 8, 2002, Aguinaldo led a Complaint 10 for annulment of title with the RTC
Branch 274, against Citystate. 11 ETHSAI
In its Answer, 12 Citystate asserted that it was the real and registered owner of the
subject property, having purchased the same at public auction; that its rights over the
property have more priority since the ling of the complaint and the annotation on the title
by Aguinaldo came after the registration of the Certi cate of Sale in its favor. Citystate
thus alleged that the decision rendered by the RTC-Branch 258, is without prejudice to its
rights over the property. 13
After the parties have presented their respective evidence, but before the
presentation of rebuttal evidence, Aguinaldo led a Motion to Admit Amended Complaint
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dated February 24, 2010 14 attaching therewith the Amended Complaint. 15
Aguinaldo alleged that during the pendency of the case, Citystate was able to secure
a writ of possession; that Aguinaldo was thereafter evicted from the subject property. He
claimed that Citystate sold the subject property to Syndica Phil. Corporation (Syndica).
TCT No. 151051 was thus cancelled and TCT No. 178346 was issued in the name of
Syndica. 16
In the Amended Complaint, Aguinaldo impleaded Syndica as Citystate's co-
defendant and added the following allegations: (a) that Citystate led a petition for the
issuance of a Writ of Possession; (b) that a writ of possession was illegally issued which
resulted in Aguinaldo's ejectment and the demolition of the latter's house; (c) that the said
ejectment and demolition resulted in actual damages amounting to P3,500,000.00, moral
damages and exemplary damages to Aguinaldo; and (d) that Citystate sold the subject
property to Syndica who acquired the same in bad faith. 17 Aguinaldo asserted that the
amendments on the complaint were necessary to afford complete relief to the parties.
On May 24, 2010, the RTC-Branch 274, issued an Order 18 denying the motion to
admit Aguinaldo's amended complaint on the ground that the amendments substantially
altered the cause of action and will only delay the resolution of the case:
After due examination of the pleadings re this incident, this Court agrees
with the defendant that the amendments would substantially alter the cause of
action and would result only in delay in the resolution of the case considering the
case is now in the presentation of rebuttal evidence for the plaintiff. It is the
considered opinion of this Court that to admit the Amended Complaint, this case
will again start from the very beginning as plaintiff will present new evidence to
prove his new cause of action/allegations. Accordingly, in order not to unduly
delay this case, the motion is denied. 19
CSEHIa
Aguinaldo's motion for reconsideration was also denied in the Order 20 dated
September 20, 2010. Aggrieved, Aguinaldo led a petition for certiorari with the CA
imputing grave abuse of discretion on the part of the RTC.
On June 21, 2011, the CA rendered the herein assailed Decision, the fallo of which
reads:
WHEREFORE , the petition is GRANTED. The Orders dated May 24, 2010
and September 20, 2010 of the RTC are REVERSED and SET ASIDE. The Regional
Trial Court, Branch 274, Parañaque City is hereby ordered to admit herein
petitioner's amended complaint in Civil Case No. 02-0107, to issue the necessary
summons to the impleaded defendant therein and to resolve the case with
dispatch.
SO ORDERED. 21
On July 12, 2011, Citystate led a Motion for Reconsideration, which was denied in
the Resolution 22 dated January 5, 2012.
Hence, this petition.
Citystate raises the following issues, to wit:
1. WHETHER OR NOT A PROPOSED AMENDED COMPLAINT WHICH
SUBSTANTIALLY ALTERS THE ORIGINAL CAUSE OF ACTION AND WOULD
CAUSE DELAY MAY BE ADMITTED;
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2. WHETHER OR NOT A REFUSAL BY THE TRIAL COURT TO ALLOW
AMENDMENT OF COMPLAINT AFTER IT FINDS THE SAME TO ONLY CAUSE
UNDUE DELAY IN THE DISPOSITION OF THE CASE CONSTITUTES GRAVE ABUSE
OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION;
Under the 1964 Rules of Court, the said provision reads, as follows:
SEC. 3. Amendments by leave of court. — After the case is set for hearing,
substantial amendments may be made only upon leave of court. But such leave
may be refused if it appears to the court that the motion was made with intent to
delay the action or that the cause of action or defense is substantially
altered . Orders of the court upon the matters provided in this section shall be
made upon motion led in court, and after notice to the adverse party, and an
opportunity to be heard.
Consistent with the foregoing disquisition, the Court, in Limbauan v. Acosta , 26 held
that:
It is well-settled that amendment of pleadings is favored and should be
liberally allowed in the furtherance of justice in order to determine every case as
far as possible on its merits without regard to technicalities. This principle is
generally recognized in order that the real controversies between the
parties are presented, their rights determined and the case decided on
the merits without unnecessary delay to prevent circuity of action and
needless expense . 27 (Citation omitted and emphasis ours)
Verily, the business of the courts is not just merely to dispose of cases seen as
clutters in their dockets. Courts are in place to adjudicate controversies with the end in
view of rendering a de nitive settlement, and this can only be done by going into the very
core and to the full extent of the controversy in order to afford complete relief to all the
parties involved.
In this case, the CA allowed the amended complaint in order to grant complete relief
to Aguinaldo. The additional reliefs being sought in the amended complaint, i.e.,
nulli cation of TCT No. 178346 registered in the name of Syndica and restitution of the
house valued at P3,500,000.00, does not alter Aguinaldo's cause of action or the theory of
case. These are mere remedies to which Aguinaldo became entitled to as a result of the
alleged supervening events, which rendered the relief being sought in the original
complaint inadequate.
The Court notes that when the instant case was instituted, Aguinaldo's prayer was
for the nulli cation of Citystate's certi cate of title. He claims that the property over which
said title was issued, is owned and possessed by him, while Citystate's certi cate of title
emanated from another title, which had been adjudged a nullity for having been issued
fraudulently. However, during the pendency of the case for annulment of title against
Citystate, several intervening circumstances rendered the original relief sought by
Aguinaldo inadequate.
The amended complaint effected no change in the cause of action, defense, or
theory of the case since it remained to be an action for the nullity of a title that was
erroneously issued in another's name. The CA thus explained:
A perusal of [Aguinaldo's] original complaint shows that essentially,
[Aguinaldo's] cause of action is founded on the fact that he is the true and
registered owner of the property covered by TCT No. 151051 which was
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fraudulently registered in the name of Citystate. A reading of the additional
allegations (the application and issuance of the writ of possession in favour of
Citystate, demolition of the house and subsequent sale of the property to
Syndica) in the amended complaint shows that it merely supplements the
inadequate allegations of cause of action stated in the original complaint. It
merely strengthens [Aguinaldo's] original cause of action by providing a more
detailed account thereof, which then puts in clearer perspective the second and
third elements of his cause of action. Anent the claim for damages, we hold the
same to be incidental to the allegation in the original complaint that the property
had been fraudulently transferred from Mojica to Citystate and from the latter to
Syndica and was thus intended to obtain complete relief in one action. EaTCSA
In any case, a substantial alteration in the cause of action or defense is not a bar to
amend the original complaint so long as the amendment is not meant for delay. It is also
quite absurd that the party who led the main case would himself resort to dilatory tactics
to prolong the disposition of his case. It is undoubtedly to Aguinaldo's interest that this
case be decided with dispatch, more so that they have already been evicted from the
property.
WHEREFORE , the Decision dated June 21, 2011 and the Resolution dated January
5, 2012 of the Court of Appeals in CA-G.R. SP No. 117154 are AFFIRMED .
SO ORDERED .
* Additional Member per Special Order No. 1966 dated March 30, 2015 vice Associate Justice
Martin S. Villarama, Jr.
1. Rollo, pp. 25-61.
2. Penned by Associate Justice Ramon A. Cruz, with Associate Justices Jose C. Reyes and
Antonio L. Villamor concurring; id. at 62-73.
3. Id. at 74-76.
4. Issued by Presiding Judge Portunito L. Madrona; id. at 99.
5. Id. at 101.
6. Id. at 79.
7. Id. at 79-80.
8. Id. at 103.
9. Id. at 63.
10. Id. at 79-81.
11. Id.
12. Id. at 82-85.
13. Id. at 83.
14. Id. at 63.
15. Id. at 88-98.