Tuesday, May 20, 2008 Court drops case filed by lawyer vs. Faelnar
THE Regional Trial Court (RTC) has dismissed Salvador Solima’s petition for injunction against Guadalupe, Cebu City Barangay Captain Eugenio Faelnar, and instead found the lawyer “obviously liable for forum shopping.”
Faelnar, through lawyer Julius Ceasar Entise, will file an administrative complaint against Solima at the Supreme Court (SC) for violating Section 5 of Rule 7 of the 1997 Revised Rules on Civil Procedure.
“If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions,” read the section.
In a phone interview, Solima said it is Faelnar’s right to file the administrative complaint against him.
“Naa silay katungod ana. Ila sad na kay maayo man sila motuis sa balaod. Bisan dili na kadagan kay tulo na ka termino, nakadagan pa man gani (It’s their right. They’re good in manipulating the law),” he said.
Solima, who represented himself, said he respects the court ruling and will not contest it.
In a two-page decision, Branch 21 Judge Eric Menchavez said that in asking for an injunction against Faelnar from the RTC and filing a complaint before the Commission on Elections (Comelec), and eventually the SC, Solima committed forum shopping.
Allegations
“The allegations contained therein (motion for injunction and the petition for review with the SC)) and the issues raised are the same, that is the supposed disqualification of the defendant (Faelnar) based on the three-term limit rule,” read the ruling.
The court said that both the petition for review and the motion for injunction asked for Faelnar’s ouster as Guadalupe barangay captain.
“There being identity of parties, issue and relief sought for, it is beyond the shadow of doubt that herein plaintiff is obviously guilty of forum shopping,” it said.
Facts
According to the facts of the case, after the Comelec ruled against Solima’s complaint, he filed a motion for reconsideration on Dec. 17, 2007.
But two days later, he filed a complaint for injunction, which was raffled off to Menchavez’s sala.
“It is noteworthy to emphasize that herein plaintiff (Solima) filed this instant case (petition for injunction) even during the pendency of the resolution of the motion for reconsideration as a result of the adverse decision rendered by the Comelec (second division),” the court said.
Solima wanted the court to stop Faelnar from performing the functions and duties of a barangay captain, and to prevent him from running for Association of Barangay Councils president.
Petition
But he also petitioned the Comelec second division to look into his complaint, and elevated it to the Comelec en banc.
Last Feb. 8, the Comelec en banc resolved to dismiss his petition, prompting Solima to file a petition for review before the SC, which has yet to rule on it.
Menchavez said forum shopping is a ground for the dismissal of Solima’s complaint, and granted Faelnar’s motion to have it dumped.
Entise said they will use the RTC decision to ask the SC to discipline Solima.
“If the Supreme Court will be apprised of this forum shopping decision, the petition (for review of Solima) will be dismissed,” he told Sun.Star. (RHM)
