Download - First Phil. Int’l Bank 252 SCRA 259
-
8/19/2019 First Phil. Int’l Bank 252 SCRA 259
1/2
34. First Phil. Int’l Bank 252 SCRA 259
Producers Bank (now called First Philippine International Bank), which has been under
conservatorship since 1984, is the owner of parcels of land! "he Bank had an a#ree$ent
with %e$etrio %e$etria and &ose &anolo for the two to purchase the parcels of land for a
purchase price of P'!' $illion pesos! "he said a#ree$ent was $ade b %e$etria and
&anolo with the Banks $ana#er, *ercurio +ivera! ater however, the Bank, throu#h its
conservator, eonida -ncarnacion, sou#ht the repudiation of the a#ree$ent as it alle#ed
that +ivera was not authori.ed to enter into such an a#ree$ent, hence there was no valid
contract of sale! /ubse0uentl, %e$etria and &anolo sued Producers Bank! "he re#ional
trial court ruled in favor of %e$etria et al! "he Bank filed an appeal with the ourt of
2ppeals!
*eanwhile, 3enr o, who holds 85 shares of stocks with the said Bank, filed a $otion
for intervention with the trial court! "he trial court denied the $otion since the trial has been
concluded alread and the case is now pendin# appeal! /ubse0uentl, o, assisted b
2+2 law office, filed a separate civil case a#ainst arlos -6ercito as successor7in7
interest (assi#nee) of %e$etria and &anolo seekin# to have the purported contract of sale
be declared unenforceable a#ainst the Bank! -6ercito et al ar#ued that the second case
constitutes foru$ shoppin#!
ISSUE: hether or not there is foru$ shoppin#!
HELD: es! "here is foru$ shoppin# because there is identit of interest and parties
between the first case and the second case! "here is identit of interest because both cases
sou#ht to have the a#ree$ent, which involves the sa$e propert, be declared
unenforceable as a#ainst the Bank! "here is identit of parties even thou#h the first case is
in the na$e of the bank as defendant, and the second case is in the na$e of 3enr o as
plaintiff! "here is still foru$ shoppin# here because 3enr o essentiall represents the
bank! Both cases ai$ to have the bank escape liabilit fro$ the a#ree$ent it entered into
with %e$etria et al!
"he /upre$e ourt also discussed that to co$bat foru$ shoppin#, which ori#inated as a
concept in international law, the principle of foru$ non conveniens was developed! "he
doctrine of foru$ non conveniens provides that a court, in conflicts of law cases, $a refuse
i$positions on its 6urisdiction where it is not the $ost :convenient; or available foru$ and
the parties are not precluded fro$ seekin# re$edies elsewhere
-
8/19/2019 First Phil. Int’l Bank 252 SCRA 259
2/2