G.R. No. 143464 - EMILIO S. YOUNG, VS. JOHN KENG SENG A.K.A. JOHN SY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the petition at bench is DISMISSED. Costs against the petitioner. [2] The assailed Resolution [3] denied petitioners Motion for Reconsideration. The Facts The factual antecedents are summarized by the CA as follows: On September 16, 1996, the herein private respondent John Keng Seng, a.k.a. John Sy, filed a complaint for accounting of general agency, injunction, turning over of properties, and damages, with the Regional Trial Court of Bacolod City, Branch 53, against the herein petitioner Emilio Young and his wife, Tita Young. The case was docketed thereat as Civil Case No. 96-9508. The private respondent subsequently filed an Amended Complaint with the same Court. The spouses Young, for their part, filed a Motion to Dismiss the case for lack of cause of action. On March 6, 1997, the Regional Trial Court of Bacolod City, Branch 53, issued an order dismissing Civil Case No. 96-9508. The private respondents Motion for Reconsideration of the aforesaid order was denied by the same court in its Order of April 2, 1997. On June 23, 1997, John Keng Seng filed another complaint for accounting and damages with the Regional Trial Court of Bacolod City, Branch 44, against the herein petitioner Emilio Young. The case was docketed in that court as Civil Case No. 97-9830. Young filed a Motion to Dismiss the case on the ground that the complaint fails to state a good, valid and/or worthwhile cause of action against the defendant. The respondent court denied the Motion to Dismiss in its order of August 19, 1997. The petitioner filed a Motion for Reconsideration of the aforesaid order based on the following grounds: The complainant x x x fails to state a good, valid and/or worthwhile cause of action as against the defendant. and Plaintiff had fatally failed to comply with the rule against forum shopping, as he has in fact deliberately submitted a false certification under oath as contained in the complaint in the present suit. The private respondent having filed his Opposition to Motion for Reconsideration, and the petitioner, his Reply, the presiding judge of the Regional Trial Court of Negros Occidental, Branch 44, Bacolod City, Judge Anastacio I. Lobaton, issued an order x x x date[d] September 23, 1997 granting the petitioners Motion for Reconsideration and dismissing Civil Case No. 97-9830. To this, the private respondent filed a Motion for Reconsideration; to which, the petitioner, in turn, tendered an Opposition. On October 24, 1997, Judge A.I. Lobaton inhibited himself from the case, thusly WHEREFORE, undersigned inhibits himself from hearing the cases wherein John Keng Seng is one of the parties and let the following records be forwarded to the Office of the Clerk of Court of RTC, Bacolod City for re-raffle. SO ORDERED.