Back

Ernesto C. Del Rosario, et al. Vs. Far East Bank & Trust Co., et al

ERNESTO C. DEL ROSARIO and DAVAO TIMBER CORPORATION, Petitioners, versus FAR EAST BANK & TRUST COMPANY[1] and PRIVATE DEVELOPMENT CORPORATION OF THE PHILIPPINES, Respondents.

G.R. No. 150134 | 2007-10-31

D E C I S I O N


CARPIO MORALES, J.:

The Regional Trial Court (RTC) of Makati City, Branch "65" (sic)[2] having, by Decision[3] of July 10, 2001, dismissed petitioners' complaint in Civil Case No. 00-540 on the ground of res judicata and splitting of a cause of action, and by Order of September 24, 2001[4] denied their motion for reconsideration thereof, petitioners filed the present petition for review on certiorari.

From the rather lengthy history of the present controversy, a recital of the following material facts culled from the records is in order.

On May 21, 1974, petitioner Davao Timber Corporation (DATICOR) and respondent...