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G.R. No.

152579 August 4, 2009

SAMEER OVERSEAS PLACEMENT AGENCY, INC., Petitioner,


vs.
MILDRED R. SANTOS, in her official capacity as President of, and/or ASBT
INTERNATIONAL MANAGEMENT SERVICE, INC., LORD NELSON SANTOS,
DANILO BALCITA, NICSON CRUZ, PEPITO MANGLICMOT, and ALLAN ARANES,
Respondents.

DECISION

NACHURA, J.:

This is a petition1 for review on certiorari under Rule 45 of the Rules of Court assailing the
Decision2 dated December 10, 2001 and the Resolution3 dated March 12, 2002 of the Court of
Appeals in CA-G.R. SP No. 65068 entitled ASBT International Management Service
Incorporated v. National Labor Relations Commission, Sameer Overseas Placement Agency,
Incorporated, Lord Nelson Santos, et al.

The antecedents are as follows:

Santos et. al: recruited by Sameer Placement for Ensure Company.

filed complaints against Sameer before the National Labor Relations Commission (NLRC) for
illegal dismissal, underpayment of salaries, and unauthorized salary deductions.

Sameer’s accreditation was transferred to ASBT.

Sameer filed a third party complaint against ASBT International Management Service, Inc.
(ASBT)be liable for all the contractual obligations of Ensure

LA: Santos et. al

NLRC: absolved SAMEER and ordered ASBT to pay.

7th division CA: dismissed bc the attached Verification and Certification of Non-Forum
Shopping was signed by Mildred R. Santos as President of ASBT without any proof of authority
to sign for and bind ASBT in the proceedings.

MR: ASBT submitted the necessary board resolution authorizing corporate president Mildred R.
Santos to represent ASBT

4th division CA: made SAMEER liable

SAMEER: ASBT violated the prohibition against forum shopping


- transfer of CA-G.R. SP No. 65068 from the Seventh Division of the Court of Appeals—
which initially denied due course and dismissed the petition then reinstated the same
(upon proof that Mildred R. Santos as duly authorized) in the Former Fourth Division,
which gave due course to and granted the petition—was actually an act of forum
shopping.
- Sameer posits that the grant of ASBT’s July 5, 2001 motion for reconsideration by the
Seventh Division, which reinstated the dismissed petition, in effect gave rise to a new
petition.

forum shopping where the elements of litis pendentia are present, namely:

1. (a) there is identity of parties, or at least such parties as represent the same interest in both
actions;
2. (b) there is identity of rights asserted and relief prayed for, the relief being founded on the
same set of facts; and
3. (c) the identity of the two preceding particulars is such that any judgment rendered in the
pending case, regardless of which party is successful, would amount to res judicata in the
other.11

1. There was simply no second petition filed. ASBT never filed a second petition.
2. Motion for reconsideration of the same action.