St scholastic vs torres gr 100158 digest11/10/2022 ![]() ![]() whether the absence of the signature of the person misjoined as a party-plaintiff in either the verification page or certification against forum-shopping is ground for the dismissal of the action. ![]() RTC ordered the dismissal of the complaint on the ground that Jonathan Chua had not executed a certification against forum-shopping.Īfter the RTC denied the motion for reconsideration lodged by petitioner, the matter was elevated directly to this Court although petitioner did sign an attestation, wherein she identified herself as "the principal plaintiff". Neither did Jonathan Chua sign any verification or certification against forum-shopping. Significantly, while Jonathan Chua was named as a plaintiff to the suit, it was explicitly qualified in the second paragraph of the complaint that he was being "impleaded here-in as a necessary party-plaintiff". The MTC then issued a warrant of arrest against petitioner.īeltran's purported negligence amounted to either malicious prosecution or serious defamation in prosecuting petitioner resulting from the issuance of a check she herself did not draw, and served cause for a claim of moral damages. Subsequently, a criminal information was filed against petitioner with the Without bothering to ascertain who had actually issued the check, Beltran instituted against petitioner a criminal action for violation of Batas Pambansa Bilang 22 Petitioner ignored the demand letter on the ground that she was not the one who issued the said check. Beltran then sent petitioner a demand letter informing her of the dishonor of the check and demanding the payment. However, the check was dishonored by the drawee bank when presented for payment on the ground that the account was closed. Jonathan Chua issued in favor of the Caltex Service Center his personal while Beltran was an employee of the said establishment as the head of its Sales and Collection Named as defendants in the suit were herein respondents Jorge Torres and Antonio Beltran.Ĭaltex Service Center. filed by Christine Chua, herein petitioner, impleading her brother Jonathan Chua as a necessary co-plaintiff. a complaint for damages was lodged before the ![]()
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