This case has been cited 1 times or more.
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2015-10-14 |
JARDELEZA, J. |
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| We find that the elements of litis pendentia—and, as a consequence, forum shopping—exist in this case. PTC's claim for legal compensation is founded on the same unpaid loan obligation now being litigated in CA-G.R. CV No. 30340. Although that case originated from a complaint filed by Dominguez for breach of contract, PTC counterclaimed the entire unpaid loan obligation, plus interest, owed to it by the Spouses Roxas. In other words, PTC had squarely put in issue the matter of the Spouses Roxas' indebtedness arising from the loans the latter obtained from PTC. It is immaterial that PTC's cause of action in the other case was set forth by way of a counterclaim, since the latter partakes of the nature of a complaint by the defendant against the plaintiff.[42] On the other hand, while the Main Case originally involved a different subject matter and cause of action (i.e., the injunction against PTC's extrajudicial foreclosure and the Spouses Roxas' claim for damages) as that embraced in CA-G.R. CV No. 30340, the primary issue raised by PTC in its Opposition to the Motion for Execution, and subsequently in the petition for certiorari with the Court of Appeals and the present petition, pertained to the same loan obtained by the Spouses Roxas. Thus, with respect to the Spouses Roxas' indebtedness to PTC, there is a clear identity of parties, of subject matter, and of cause of action. Consequently, once a final decision in CA-G.R. CV No. 30340 is rendered, it will constitute res judicata and bar further litigation on the same loan obligation, including any dispute on the applicability or non-applicability of legal compensation. | |||||