G.R. No. 193415 - SPOUSES DAISY AND SOCRATES M. AREVALO, VS. PLANTERS DEVELOPMENT BANK AND THE REGISTER OF DEEDS OF PARAÑAQUE CITY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is most respectfully prayed that immediately upon filing of this petition, the same be given due course, and an order issue, ex parte : (1) A Resolution be issued directing the Ex-Officio Sheriff and his Assisting Sheriff to undo, cancel, revoke the Certificate of Sale they issued; (2) Enjoining the Register of Deeds of Paranaque (or any of her subordinates, agents, representatives and persons acting in their behalf to cease and desist from allowing any transfer and/or consolidation of respondents banks title to the property in question and an order be issued directing the Register of Deeds to undo, cancel and revoke the registration of the Certificate of Sale on November 13, 2009 and other proceedings had thereafter , the petition be given due course and judgment be rendered as follows: 1. Making the injunction permanent. 2. Issuing a writ of mandatory injunction for the respondent Ex-Officio Sheriff to undo, revoke and cancel the Certificate of Sale issued and/or directing the Register of Deeds to undo, revoke and cancel the registration of the Certificate of Sale and/or defer any consolidation of title in favor of respondent bank pending final resolution of this petition. 3. Reversing and setting aside the Decision of the Court of Appeals dated March 24, 2010 and Resolution dated August 5, 2010. [57] (Emphasis supplied.) WHEREFORE, it is respectfully prayed of the Honorable Court that pending consideration and hearing on the principal reliefs herein prayed for, a Temporary Restraining order (TRO) and/or Writ of Preliminary Injunction be issued immediately restraining and/or stopping the defendants Ex-Officio Sheriff Atty. Jerry R. Toledo and Deputy Sheriff Paulo Jose N. Cusi from executing and issuing a final deed of sale in favor of the defendant bank and further ordering the defendant Registrar of Deeds of Paranaque City to hold in abeyance the registration of the final deed of sale and other documents of consolidation pending resolution of this Honorable Court. Plaintiffs pray for the following additional reliefs: 1. After hearing on the merits, the Real Estate Mortgage be declared and rescinded and/or null and void; 2. The Certificate of Sale [dated November 4, 2009] issued by the defendant Sheriffs and its subsequent registration on November 13, 2009 with the Registry of Deeds be declared null and void; 3. After due hearing, the preliminary injunction be declared permanent. x x x [58] (Emphases supplied.) As illustrated above, there is a clear violation of the rules on forum-shopping, as the Court is being asked to grant substantially similar reliefs as those that may also be granted by the trial court, in the process creating a possibility of conflicting decisions. We emphasize that the grave evil sought to be avoided by the rule against forum-shopping is the rendition by two competent tribunals of two separate and contradictory decisions. [59] To avoid any confusion, this Court adheres strictly to the rules against forum s