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[2/2] Santiago Syjuco, Inc. vs. Jose P. Castro, et al.

[2/2] SANTIAGO SYJUCO, INC., petitioner, vs. HON. JOSE P. CASTRO, AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF THE NATIONAL CAPITAL JUDICIAL REGION, BRANCH LXXXV, QUEZON CITY, THE CITY SHERIFF OF THE CITY OF MANILA, THE CITY REGISTER OF DEEDS OF THE CITY OF MANILA, EUGENIO LIM, ARAMIS LIM, MARIO LIM, PAULINO LIM, LORENZO LIM, NILA LIM and/or THE PARTNERSHIP OF THE HEIRS OF HUGO LIM and ATTORNEY PATERNO P. CANLAS, respondents.

G.R. No. 70403 | 1989-07-07

What was done by the Lims - or by the partnership of which they were the only members - was to split their cause of action in violation of the well known rule that only one suit may be instituted for a single cause of action. 44 The right sought to be enforced by them in all their actions was, at bottom, to strike down the mortgage constituted in favor of Syjuco, a right which, in their view, resulted from several circumstances, namely that the mortgage was constituted over property belonging to the partnership without the latter's authority; that the principal obligation thereby secured was usurious; that the publication of the notice of...