G.R. No. 180203 - PHILIPPINE NATIONAL BANK, VS. ROMEO B. DARADAR.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in view of the foregoing, the Complaint is hereby ordered DISMISSED . No pronouncement as to costs. IT IS SO ORDERED . [11] Respondent moved for reconsideration, but the RTC denied the same in its March 14, 2000 Order. [12] Thus, respondent appealed the same before the CA on the ground that Civil Case No. 21375 was dismissed without prejudice and is thus not a bar to the filing of Civil Case No. 25981, and in the alternative, that petitioner's failure to prosecute its compulsory counterclaim for ejectment should also be barred. [13] Ruling of the Court of Appeals: The appellate court granted Daradar's Petition in its now assailed June 8, 2007 Decision, the dispositive portion of which reads: WHEREFORE, in view of the foregoing premises, judgment is hereby rendered by us GRANTING the appeal filed in this case, SETTING ASIDE the order dated January 27, 2000 issued by the RTC, Branch 22 in Iloilo City in Civil Case No. 25981 and REINSTATING the complaint filed in said case. Accordingly, we hereby direct the court a quo to conduct further proper proceedings in Civil Case No. 25981. SO ORDERED.