TRAVERSE

DEVELOPMENT
CORPORATION, petitioner,
vs. DEVELOPMENT BANK OF THE PHILIPPINES,respondent.
DECISION
CALLEJO, SR., J.:

Before us is a petition for review on certiorari assailing the Decision of the

Court of Appeals dismissing the petitioners appeal in CA-G.R. CV No. 43157
for lack of jurisdiction and the Resolution denying the motion for
reconsideration thereof.
[1]

On July 21, 1980, the respondent, Development Bank of the Philippines

(DBP), granted a loan of P910,000.00 to the petitioner, Traverse Development
Corporation, for the construction of a three-storey commercial building on its
property located in Tarlac (now Tarlac City), with an area of 698 square meters
covered by TCT No. 154736. The loan was payable in fifteen (15) years, or
until June 30, 1996. To secure the payment thereof, the petitioner executed a
real estate mortgage over a portion of said property, consisting of 349 square
meters. The contract of mortgage was annotated at the dorsal portion of TCT
No. 154736 as Entry No. E-20-10483.
[2]

Under the real estate mortgage, the petitioner was required to secure an
insurance policy covering the building against fire and earthquake from an
acceptable insurance company and to endorse the corresponding
policy/policies to the respondent. The respondent was authorized to foreclose
the mortgage extrajudicially in case the petitioner defaulted on its obligation.
The petitioner secured a fire insurance policy from the FGU Insurance
Corporation for P1,000,000, effective until May 7, 1982. However, before the
said date, the respondent required the petitioner to secure another fire
insurance policy, this time from the Central Surety and Insurance Company
(CSIC) also for P1,000,000. The petitioner did as directed and secured Fire
Insurance Policy No. TAR 1056 from CSIC covering the building for the period
of May 7, 1982 to May 7, 1983. Under the policy, the CSIC obliged itself to
pay, in case of loss or damage to the insured property, the amount of such
loss or damage to the respondent or as its interests may appear.
[3]

[4]

On August 9, 1982, the building was gutted by fire. The petitioner notified
the respondent, through a written notice, of the total loss of the building and,
at the same time, filed its claim with CSIC in the amount of P1,000,000 under
the insurance policy.
On November 6, 1982, the CSIC proposed a settlement of the petitioners
claim for P230,748.00. The petitioner rejected the offer and filed, on February
28, 1983, a complaint against the CSIC and the respondent in the Regional
Trial Court (RTC) of Quezon City. The case was docketed as Civil Case No.
Q-37497.
The petitioner alleged that, despite its demands, the CSIC refused to pay
the amount of P1,000,000 which was the amount of the insurance plus
interests, and that because of such delay, it failed to pay its loan to the
respondent and to collect rentals from its prospective lessees on the
building. The respondent failed to convince the CSIC to pay the said amount.
The petitioner prayed that it be granted the following reliefs:
WHEREFORE, after hearing, it is most respectfully prayed that judgment be rendered
by this Honorable Court in favor of the plaintiff and against the defendants as follows:
1. Sentencing the defendants, jointly and severally, to pay to the plaintiff the amount
of P1,000,000.00, the amount for which Fire Insurance Company Policy No. TAR
1056 was issued plus interest thereon at the legal rate computed thirty (30) days after
defendants received proof of loss;
2. Sentencing defendants, jointly and severally, to pay to plaintiff actual and
compensatory damages in an amount of not less than P275,000.00, more or less;
3. Sentencing defendants, jointly and severally, to pay to the plaintiff, rentals which it
failed to receive from the premises due to the unjustifiable delay of the defendants in
the settlement of plaintiffs claim;
4. Sentencing defendants, jointly and severally, to pay to plaintiff the interest and
penalty charged to plaintiffs loan account with the Development Bank of
the Philippines due to the unjustifiable delay of defendants in the settlement of
plaintiffs claim;

5. Sentencing defendant SURETY to pay to plaintiff nominal damages in an amount

of not less than P100,000.00, more or less;
6. Sentencing defendant SURETY to pay to plaintiff exemplary damages in an amount
of not less than P100,000.00, more or less;
7. Sentencing defendants, jointly and severally, to pay to plaintiff the amount
of P50,000.00 by way of attorneys fees and expenses of litigation;
8. Sentencing defendants, jointly and severally, to pay the costs of suit.
Plaintiff prays for such other and further reliefs as may be just and equitable in the
premises.
[5]

However, the RTC did not issue any temporary restraining order.
During the pendency of Civil Case No. Q-37497, the respondent
foreclosed the real estate mortgage upon the petitioners default in the
payment of its obligation under the said contract. The respondent was the
highest bidder at the sale at public auction, with the bid price
ofP540,050.00. A certificate of sale was issued in its favor on May 30,
1990 and was annotated at the dorsal portion of TCT No. 154736. The
respondent consolidated its title to the property in due course.
[6]

On May 28, 1991, the petitioner filed a complaint against the respondent in
the RTC of Tarlac, for the annulment of the extrajudicial foreclosure sale and
damages; and for the issuance of a writ of preliminary injunction and
temporary restraining order, to enjoin the defendant from selling the
property. The case was docketed as Civil Case No. 7432 which was raffled
to Branch 63, Tarlac, Tarlac.
[7]

As its first cause of action, the petitioner alleged, inter alia, that the
foreclosure of the real estate mortgage of the entire property, as well as the
sale thereof at public auction to the respondent, was null and void because
only 349 square meters of the entire property, or one-half (1/2) of the eastern
portion thereof, was mortgaged to the respondent. The petitioner alleged that
its failure to pay its loan was due to the fire that gutted its building, a fortuitous
event under Article 1174 of the New Civil Code; as such, it was excused from

paying its loan. The petitioner also alleged that were it not for the delay of the
payment of its insurance claim from the CSIC, an insurance company chosen
by the respondent, it would have been able to pay its loan, as provided in the
real estate mortgage.
On its second cause of action, the petitioner alleged that the respondent
proceeded with the extrajudicial foreclosure of the mortgage and the sale of its
property at public auction despite the pendency of Civil Case No. Q-37497.
The petitioner prayed that it be granted the following reliefs:
WHEREFORE, it is respectfully prayed that
(1) immediately upon the filing of this Complaint, a temporary restraining order be
issued ex parte and, after notice and hearing, a writ of preliminary injunction,
enjoining defendants from consolidating ownership over the foreclosed properties or
issuing new transfer certificate of title;
(2) after trial, judgment be rendered in favor of plaintiff and against defendants
[a] on the First Cause of Action, annulling the foreclosure sale and enjoining
defendants from consolidating ownership over the foreclosed properties or issuing
new transfer certificate of title thereto;
[b] on the Second Cause of Action, ordering defendants to pay plaintiff, jointly and
severally
moral damages in the amount of P200,000.00;
attorneys fees and expenses of litigation in the sum of P100,000.00;
Exemplary or corrective damages of P100,000.00; and
the costs of suit.
Plaintiff prays for such other reliefs as this Court may deem just and equitable in the
premises.
[8]

Since the RTC did not issue a writ of preliminary injunction, the respondent
consolidated its title on August 21, 1991 over the foreclosed property and was
placed in possession thereof.
Almost two (2) years thereafter, or on July 7, 1993, the petitioner filed
another complaint in the RTC of Tarlac against DBP for annulment of
extrajudicial foreclosure proceedings, reconveyance of title, cancellation of
writ of possession, damages and preliminary injunction with prayer for a
restraining order. The verification in the complaint was signed by Angel Tadeo
Q. Roxas. The case was docketed as Civil Case No. 7885 and raffled to
Branch 63 of the court.
[9]

The petitioner alleged, inter alia, that, despite the respondents

interference in the procurement of a fire insurance policy over the still-to-be
constructed building, and the fact that the respondent was entitled to the
proceeds of the insurance policy under the real estate mortgage and fire
insurance policy in the amount of P1,000,000.00, the said respondent still
proceeded with the extrajudicial foreclosure of the real estate mortgage; the
respondent failed to give notice to the petitioner relative to its agreement with
the respondent to await the outcome of Civil Case No. Q-37497 and Civil
Case No. 7432 before the latter consolidated its title over the property and
took possession thereof; the petitioner was no longer obliged to pay its loan to
the respondent because of the total loss of the building; the petitioners failure
to pay its loan was due to the delay in the payment of the amount
of P1,000,000 in insurance policy by the CSIC; since it was the respondent
which impelled the petitioner to procure the said policy, the petitioner should
not be faulted for failure to pay its loan. The petitioner prayed for judgment,
thus:
WHEREFORE, it is respectfully prayed that a restraining order be immediately issued
by this Honorable Court prohibiting or restraining the defendant or any other persons
acting in its behalf from proceeding with the sale of plaintiffs (sic) properties to third
parties, either through public bidding or through negotiated sale.
And after due hearing, judgment be rendered:

a) Making the restraining order and/or preliminary injunction permanent and declare
the extra-judicial foreclosure as null and void;
b) Ordering defendant to reconvey to plaintiff the title to the foreclosed properties;
c) Declaring the Writ of Possession issued thereon as cancelled and ordering
defendant to return and surrender possession of the premises it seized to the plaintiff;
d) Ordering defendant to pay the plaintiff moral damages in an amount not less
than P500,000.00 and exemplary damages in the sum of P100,000.00;
e) Ordering defendant to pay attorneys fees and expenses of litigation in the amount
of P100,000.00; and
f) to pay the cost of suit.
PLAINTIFF FURTHER PRAYS for such other reliefs this Honorable Court may
deem just and equitable in the premises.
[10]

The case was raffled to Branch 63 of the court. On July 15, 1993, the
respondent filed an Omnibus Motion in Civil Case No. 7885 for the dismissal
of the case on the grounds of litis pendentia and forum shopping and to cite
Angel Tadeo Q. Roxas and the petitioners counsel, Atty. Jesus A.
Concepcion, in contempt of court. The respondent asserted that Civil Case
No. 7885 was a duplication of Civil Case No. 7432 pending before the same
branch of the RTC, with the same parties, the same issues and the same
reliefs being prayed for by the petitioner. The respondent cited Section 1(e),
Rule 16 of the 1985 Rules of Court, as its ground for its motion to dismiss Civil
Case No. 7885. It asserted that Angel Tadeo Roxas, the petitioner and its
counsel, were guilty of indirect contempt and should be sanctioned for
abusing the processes of the courts, citing the ruling of this Court in Minister
of Natural Resources vs. Heirs of Orval Hughes.
[11]

[12]

The respondent opposed the motion asserting that the reliefs prayed for
by it in the two cases are different. It contended that in Civil Case No. 7432, it
sought the nullification of the extrajudicial foreclosure of the mortgage and the
sale of the mortgaged property at public auction and prayed for an injunctive
relief to enjoin the respondent from consolidating its title over the property; on

the other hand, in Civil Case No. 7885, it sought to enjoin the respondent from
selling the property to third parties, and the nullification of the extrajudicial
foreclosure of the mortgage, including the sale at public auction of the
mortgaged property on account of the respondents violations of the real
estate mortgage provisions, and to cancel the writ of possession in its
favor. The petitioner contended that the decision of the RTC in Civil Case No.
7432 was not a bar to its action in Civil Case No. 7885 and that Roxas and his
counsel were not liable for contempt of court.
On August 20, 1993, the trial court issued an Order granting the
respondents motion to dismiss the case, but denied its motion to cite Roxas,
the petitioner and its counsel for contempt of court.
The petitioner appealed the decision to the Court of Appeals in which it
asserted the following:
I

THE LOWER COURT ERRED IN DISMISSING THE COMPLAINT BECAUSE

OF LITIS PENDENTIA.
II

THE LOWER COURT ERRED IN HOLDING THAT THE PLAINTIFF IS GUILTY

OF FORUM SHOPPING UNDER THE CONCLUSION THAT CIVIL CASE NO.
7432 AND CIVIL CASE NO. 7885 ARE BASED ON THE SAME ALLEGATIONS
OF FACTS INVOLVING THE SAME ISSUE, THE SAME TRANSACTION AND
ARE BETWEEN THE SAME PARTIES.
III

THE LOWER COURT ERRED IN NOT ORDERING THE CONSOLIDATION OF

CIVIL CASE NO. 7432 WITH CIVIL CASE NO. 7885.
[13]

On July 27, 2001, the Court of Appeals rendered judgment dismissing the
appeal for lack of jurisdiction, ruling that the remedy of the petitioner from the
trial courts order dismissing Civil Case No. 7885 was to file a petition for

review on certiorari under Rule 45 of the Rules of Court, the sole issue raised
by it on appeal being purely legal and not factual.
The petitioner now comes to this Court, asserting that:
1. The appeal below raises not only questions of law but also questions of fact that
may very well be looked into.
[14]

2. Contrary to the ruling of the lower court, the appeal below is the correct mode of
appeal.
[15]

3. Because Civil Case No. 7885 is merely a continuation of Civil Case No. 7432,
consolidation, not dismissal, is the proper remedy.
[16]

The issue for resolution is whether or not the Court of Appeals erred in
dismissing the petitioners appeal on the ground that it had no jurisdiction over
the same. The resolution of the issue is, in turn, anchored on the
determination of whether the petitioner raised purely legal issues in the
appellate court.
The petition has no merit.
Under Batas Pambansa Blg. 129, as amended, the Court of Appeals has
exclusive appellate jurisdiction over decisions of the Regional Trial Courts in
the exercise of its original jurisdiction. Under Rule 41, Section 2 of the Rules
of Court, as amended, the aggrieved party may appeal from the said decision
by filing a notice of appeal and paying the requisite docket fees therefor within
fifteen days from notice of said decision. However, the Court of Appeals has
no jurisdiction over appeals from the decision of the Regional Trial Court
rendered in the exercise of its original jurisdiction in cases wherein the issues
raised are purely legal. In such a case, the remedy of the aggrieved party is
to appeal the decision via a petition for review on certiorari in this Court under
Rule 45 of the Rules of Court.
[17]

It has been held in a number of cases that there is a question of law

when the doubt or difference arises as to what the law is on certain state of
facts, and which does not call for an examination of the probative value of the
evidence presented by the parties-litigants. On the other hand, there is a
[18]

question of fact when the doubt or controversy arises as to the truth or falsity
of the alleged facts. Simply put, when there is no dispute as to fact, the
question of whether or not the conclusion drawn therefrom is correct, is a
question of law.
[19]

We agree with the Court of Appeals that only legal issues were raised by
the petitioner in its appeal: (a) whether its action in Civil Case No. 7885 which
was raffled to Branch 63 of the court is barred by the pendency of Civil Case
No. 7432, also pending in the same court and, if so, whether the petitioner is
guilty of forum shopping; (b) whether Roxas, a member of the petitioners
Board of Directors, who signed the verification of the complaint in Civil Case
No. 7885 and its counsel are guilty of forum shopping; and (c) whether the
trial court should have denied the consolidation of the proceedings in the two
cases considering that the same were raffled to the same court.
The petitioner appended to its brief a copy of its complaint in Civil Case
No. 7432. The records of Civil Case No. 7885 were elevated to the Court of
Appeals. Thus, the Court of Appeals had the complaints in Civil Cases Nos.
7885 and 7432 before it for review in resolving the issue of whether or not the
issues raised were purely legal or factual, and whether it had jurisdiction over
the petitioners appeal or not.
IN LIGHT OF ALL THE FOREGOING, the petition is DENIED DUE
COURSE. The assailed Decision of the Court of Appeals is
AFFIRMED. Costs against the petitioner.
SO ORDERED.