SECOND DIVISION
[G.R. No. 238646. June 6, 2018.]
SPOUSES ROMUALDO G. MENDOZA AND JANET PICHON MENDOZA, petitioners, vs.GREENWOOD MINDANAO TRADING CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 June 2018which reads as follows: ScHADI
"G.R. No. 238646 (Spouses Romualdo G. Mendoza and Janet Pichon Mendoza v. Greenwood Mindanao Trading Corporation)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the January 22, 2018 and March 12, 2018 Orders 1 of the Regional Trial Court of Davao City, Branch 11 (RTC) in Civil Case No. 34,547-2012 for failure of petitioners Spouses Romualdo G. Mendoza and Janet Pichon Mendoza (petitioners) to sufficiently show that the RTC committed any reversible error in dismissing their permissive and compulsory counterclaims on the ground of litis pendentia.
To constitute litis pendentia, not only must the parties in the two actions be the same, there must also be substantial identity in the causes of action and in the reliefs sought. Further, the identity should be such that any judgment that may be rendered in one case, regardless of which party is successful, would amount to res judicata in the other. 2 As correctly found by the RTC, petitioners are asserting the same rights and praying for the same reliefs in their permissive and compulsory counterclaims in the injunction case docketed as Civil Case No. 34,547-2012, as well as in the rescission case docketed as Civil Case No. R-DVO-17-04822-CV. Moreover, a judgment in one case will be tantamount to res judicata in the other. As regards petitioners' contention that they should be restored to the possession of the subject properties considering the dismissal of the injunction case, it bears stressing that the dismissal was based on mootness, as respondent Greenwood Mindanao Trading Corporation is already in possession of the subject properties. Thus, petitioners' argument is baseless.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 14-23 and 35-36, respectively. Penned by Presiding Judge Leo Tolentino Madrazo.
2.Dotmatrix Trading v. Legaspi, 619 Phil. 421, 427 (2009); citations omitted.