G.R. No. 84141 February 8, 1989
TOP RATE INTERNATIONAL SERVICES, INC., petitioner, vs. THE COURT OF APPEALS, JUDGE IGNACIO CAPULONG, in his capacity as Presiding Judge of Branch 134 of the Regional Trial Court of Makati, BANCO FILIPINO SAVINGS & MORTGAGE BANK, and SYCIP, SALAZAR, HERNANDEZ & GATMAITAN, respondents.

FACTS

Petitioner Top Rate International Services, Inc., as owner-lessor, filed an ejectment complaint against Banco Filipino Savings and Mortgage Bank in the Metropolitan Trial Court (MeTC) of Makati. The complaint alleged that the lessee violated the lease agreement by failing to obtain a comprehensive fire insurance policy for the building. Banco Filipino moved to dismiss the complaint, arguing it was defective for failing to allege that a prior written demand to pay rent or vacate was made. The MeTC denied the motion to dismiss. Banco Filipino then filed an answer to the ejectment complaint.
Subsequently, Banco Filipino filed a petition for certiorari and prohibition with the Regional Trial Court (RTC), assailing the MeTC’s denial of its motion to dismiss. While this RTC certiorari case was pending, Top Rate amended its ejectment complaint in the MeTC to explicitly allege that a demand to vacate was made on May 24, 1985. Top Rate then moved to dismiss the RTC certiorari case as moot and academic, but the RTC denied this and subsequent motions. Top Rate elevated the matter to the Court of Appeals via certiorari and mandamus, which denied the petition, ruling the RTC orders were merely interlocutory and issued without grave abuse of discretion.

ISSUE

Whether the Regional Trial Court committed grave abuse of discretion in refusing to dismiss the certiorari petition filed by Banco Filipino after the ejectment complaint had been amended to cure the alleged defect.

RULING

Yes, the Supreme Court granted the petition, finding grave abuse of discretion. The legal logic is that the amendment of the ejectment complaint to include the allegation of a prior demand rendered the certiorari petition before the RTC moot and academic. The sole ground for Banco Filipino’s certiorari petition was the MeTC’s denial of its motion to dismiss based on a technical defect—the lack of an allegation on prior demand. Once Top Rate amended its complaint to cure this defect, the specific issue raised in the certiorari petition was resolved, leaving no live controversy for the RTC to adjudicate. The Supreme Court emphasized that allowing the RTC case to continue served no purpose other than as a dilatory tactic to impede the summary ejectment proceedings in the MeTC. The Court condemned the use of technicalities to delay justice, especially in ejectment cases designed for speedy resolution. Consequently, the RTC was ordered to dismiss the certiorari case, and the MeTC was directed to proceed with the trial of the ejectment case without delay.