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Banco Filipino Savings and Mortgage Bank vs CA, Hon Edgar Gustilo

BANCO FILIPINO SAVINGS and MORTGAGE BANK, petitioner, vs. COURT OF APPEALS, HON. EDGAR D. GUSTILO, Presiding Judge, Branch 28, Regional Trial Court, Iloilo City, TALA REALTY SERVICES CORPORATION, NANCY L. TY, PEDRO B. AGUIRRE, REMEDIOS A. DUPASQUIER, PILAR D. ONGKING, ELIZABETH H. PALMA, DOLLY W. LIM, RUBENCITO M. DEL MUNDO, ADD INTERNATIONAL SERVICES, INC., respondents.

G.R. No. 132703 | 2000-06-23

D E C I S I O N

DE LEON, JR., J.:

Before us is a special civil action for certiorari to set aside and annul the Decision [1] of the Court of Appeals dated December 18, 1996, which sustained the dismissal [2] of the complaint of petitioner Banco Filipino Savings and Mortgage Bank (hereafter, Banco Filipino) for recovery of real properties filed against Tala Realty Services Corporation (hereafter, Tala Realty) on the grounds of litis pendentia and forum-shopping.

The antecedent facts are the following:

The General Banking Act [3] regulates the number of branches that a bank may operate. Under the said law, a bank is allowed to own the...