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PEOPLE v. PAQUITO CARIÑO

This case has been cited 2 times or more.

2005-04-15
CALLEJO, SR., J.
On September 12, 1997, the KEB filed two motions: (1) a motion in Civil Case No. G-3119 to dismiss the counterclaims of the PHDI, et al. for their failure to attach in their answer with counterclaims a certification of non-forum shopping as mandated by Supreme Court Administrative Circular No. 04-94 (now Section 5, Rule 7 of the Rules of Court);[18] and (2) a motion in Civil Case No. G-3012 to dismiss the complaint for forum shopping.[19]
2005-04-15
CALLEJO, SR., J.
On October 14, 1997, the trial court issued an Order[22] in Civil Case No. G-3012 denying the KEB's motion to dismiss the complaint, on its finding that the causes of action of the PHDI in Civil Case No. G-3012 were different from those in their counterclaim in Civil Case No. G-3119.  The trial court also denied the motion (in Civil Case No. G-3119) to dismiss the counterclaims of the PHDI, et al., on its finding that the reliefs prayed for by the latter did not include the collection of US$160,000.00 from the KEB; hence, there was no forum shopping.  The KEB's respective motions for reconsideration of the orders of dismissal in Civil Case Nos. G-3119 and G-3012 were denied by the trial courts, per the Orders dated October 24, 1997[23] and November 14, 1997.[24]