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BENGUET MANAGEMENT CORPORATION v. CA

This case has been cited 2 times or more.

2007-06-08
YNARES-SANTIAGO, J.
Similarly, in Benguet Management Corporation v. Court of Appeals,[13] petitioner filed separate actions to enjoin the foreclosure of real estate mortgages before the Regional Trial Courts of San Pablo City and Zambales which has jurisdiction over the place where the properties were located. In both cases, petitioner contended, among others, that the loan secured by said mortgages imposed unauthorized penalties, interest and charges. The Court did not find the mortgagors guilty of forum shopping considering that since injunction is enforceable only within the territorial limits of the trial court, the mortgagor is left without remedy as to the properties located outside the jurisdiction of the issuing court, unless an application for injunction is made with another court which has jurisdiction over the latter properties.