The rule against splitting the cause of action does not apply in a Petition for Certiorari

BANK OF THE PHILIPPINE ISLANDS, PETITIONER, VS. MARCIANO S. BACALLA, JR., EDUARDO M. ABACAN, ERLINDA U. LIM, FELICITO A. MADAMBA, AND PEPITO M. DELGADO, RESPONDENTS. G.R. No. 223404, July 15, 2020.


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The rule against splitting the cause of action does not apply in a Petition for Certiorari


Petitioner maintains that the CA erred in applying the rule against splitting a cause of action. Accordingly, a Petition for Certiorari is not based on a cause of action but rather the presence of grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the trial court in rendering the assailed order.[49]

We agree with the petitioner.

Section 2, Rule 2 of the Rules of Court defines a "cause of action" as the act or omission by which a party violates a right of another. The essential elements of a cause of action are: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the defendant not to violate such right; and (3) an act or omission on the part of the defendant in violation of the right of the plaintiff or constituting a breach of the obligation of the defendant to the plaintiff.[50]

On the other hand, a Writ of Certiorari under Section 1 of Rule 65 will issue when there is grave abuse of discretion committed by a tribunal, board or officer who in the exercise of its judicial or quasi-judicial functions, has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction. In the instance of grave abuse of discretion, the court may annul or modify the proceedings of such tribunal, board or officer, and grant such incidental reliefs as the law and justice may require.

Verily, a Petition for Certiorari cannot be based on a cause of action. First, the parties involved in such petition would be the petitioner and the tribunal, board or officer who purportedly exceeded its discretion in the exercise of judicial or quasi-judicial functions. In a cause of action, the parties would be the plaintiff and the defendant who violated the right of the former which he (defendant) had the obligation to respect.

Second, a Petition for Certiorari cannot arise from a violation of a right belonging to the petitioner that the tribunal, board or officer has the concomitant obligation to respect. To reiterate, a certiorari writ will only lie when the tribunal, board of officer commits grave abuse of discretion amounting to a lack or excess of jurisdiction. Meanwhile, the existence of a cause of action will be the basis of every ordinary civil action.[51]

Third, a Writ of Certiorari results in the annulment or modification of the proceedings. However, the violation of a right of a plaintiff or breach of obligation by the defendant would give rise to a cause of action that will provide the plaintiff with the right to file an action in court for the recovery of damages or other relief.[52]

Finally, a Petition for Certiorari, being a special civil action, may only be availed of when there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law. Meanwhile, a cause of action is the basic requirement in an ordinary civil action.

Here, the CA held that petitioner violated the subject rule and should have joined all its objections against the August 10, 2012 Order of the RTC in one Petition for Certiorari. The CA explained:

Petitioner is guilty of splitting its cause of action in the filing of the instant Petition. Rule 2, Sections 3 and 4 of the 1997 Rules of Civil Procedure, provide:

Section 3. One Suit For A Single Cause of Action. — A party may not institute more than one suit for a single cause of action. (3 a)

Section 4. Splitting A Single Cause of Action; Effect of. — If two or more suits are instituted on the basis of the same cause of action, the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others. (4a)

It is undisputable that CA-G.R. 127072 is a Petition assailing the contents of the 10 August 2012 Order of the trial court on the issue of whether the plaintiffs are non-suited. The instant action on the other hand, assails the same Order, albeit this time only on the portion resolving the issue of non-applicability of the ICC and the disallowance of the Requests for Admission. Definitely, the Petitioner could have joined all its objections to the assailed Order in a single Petition for Certiorari, but rather elected to file two (2) Petitions thus taxing the energy and the docket of this Court. Thus, the instant action should also be dismissed based on this ground.[53]

The CA arrived at an erroneous conclusion.

Petitioner filed the first petition (CA-G.R. 127072) to question the November 28, 2011 and August 10, 2012 Orders upon the belief that the RTC committed grave abuse of discretion when it failed to declare FITI and Bacalla as not suited. On the other hand, the second petition (CA-G.R. No. 129574) now subject of the instant case, arose from the August 10, 2012 and January 14, 2013 Orders of the trial court which petitioner maintains to have been tainted with grave abuse of discretion due to the application of the Interim Rules. Clearly, the said petitions did not allege the RTC to have violated petitioner's right which may be the basis for a cause of action. Instead, petitioner alleged separate occasions of grave abuse of discretion committed by the trial court in not declaring FITI and Batalla as not suited and in applying the Interim Rules. Both petitions will give rise to an annulment or modification of the proceedings below and will not afford the petitioner with a remedy of damages against the RTC.

Moreover, a Writ of Certiorari may only be availed when there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law. For this reason, We cannot fault the petitioner for filing the second petition because the trial court only ruled on the applicability of the Interim Rules in the August 10, 2012 Order. It is settled rule that a Motion for Reconsideration is mandatory before the filing of a Petition for Certiorari.[54] Hence, petitioner properly moved for a reconsideration of that portion in the August 10, 2012 Order pertaining to the application of the Interim Rules before directly resorting to a Petition for Certiorari. Accordingly, the CA erred in applying the rule against splitting the cause of action in the assailed rulings.

A final note.

The inaccurate application by the CA of the rule against splitting a cause of action will not negatively impact the efficacy of its July 27, 2015 Decision and March 4, 2016 Resolution. To recall, We affirmed the CA in denying the petitioner's application for a Writ of Certiorari because the Interim Rules apply in the proceedings below. The misapplication of the rule on splitting the cause of action was merely an innocuous mistake on the part of the CA and will not disaffirm our resolve to deny the present petition due to lack of merit.

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