This case has been cited 1 times or more.
|
2009-12-15 |
BRION, J. |
||||
| During the scheduled ex parte hearing on August 18, 2000, De Koning's counsel appeared and manifested that he filed a motion to dismiss on the ground that Metrobank's petition violated Section 5, Rule 7 of the Rules of Court (Rules)[4] which requires the attachment of a certification against forum shopping to a complaint or other initiatory pleading. According to De Koning, Metrobank's petition for the issuance of a writ of possession involved the same parties, the same issues and the same subject matter as the case he had filed on October 30, 1998 with the RTC of Makati,[5] to question Metrobank's right to foreclose the mortgage. De Koning also had a pending petition for certiorari with the CA,[6] which arose from the RTC case he filed. When Metrobank failed to disclose the existence of these two pending cases in the certification attached to its petition, it failed to comply with the mandatory requirements of the Rules so that its petition should be dismissed. | |||||