Igliceria Vda. de Karaan v · G.R. 182151

Petitioner: Igliceria Vda. de Karaan
Respondent: Atty. Salvador Aguinaldo
Citation: G.R. No. 182151
Court: Supreme Court
Division: First Division
Ponente: Sereno, C.J.
Decided: September 21, 2015

Summary

Petitioner Igliceria vda. de Karaan filed a damages case against the Aguinaldos for demolishing structures in her beach resort. Respondents claimed forum shopping due to another case where petitioner was listed as plaintiff seeking right of way over respondents' property. The Court of Appeals dismissed the damages case, finding forum shopping based on litis pendentia. The Supreme Court reversed, ruling that no forum shopping occurred because the cases involved different causes of action - one for quasi-delict damages from demolition, the other for easement of right of way under Article 649 of the Civil Code. The reliefs sought were completely different, and a decision in either case would not constitute res judicata in the other. The Court reinstated the damages case for trial on the merits.

Statutes applied

Civil Code, Art. 649

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By the Intellegal Editorial Board · September 21, 2015

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