December 2009 - Philippine Supreme Court Decisions/Resolutions
G.R. No. 182013 - Quasha Ancheta Pe a & Nolasco Law Office and Legeng International Reports, Limited v. The Special Sixth Division of the Court of Appeals, et al.
[G.R. NO. 182013 : December 4, 2009]
QUASHA ANCHETA PEÑA & NOLASCO LAW OFFICE and LEGEND INTERNATIONAL RESORTS, LIMITED, Petitioners, v. THE SPECIAL SIXTH DIVISION of the COURT OF APPEALS, KHOO BOO BOON and the Law Firm of PICAZO BUYCO TAN FIDER & SANTOS, Respondents.
D E C I S I O N
This is a special civil action for Certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure filed by petitioners Quasha Ancheta Peña and Nolasco Law Office (Quasha Law Office) and Legend International Resorts, Limited (LIRL), seeking to reverse and set aside, on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction, the Resolution1 dated 22 January 2008 of the Special Sixth Division of the Court of Appeals in CA-G.R. CV No. 87281, which refused to recognize the Entry of Appearance of petitioner Quasha Law Office as the duly authorized counsel of petitioner LIRL in CA-G.R. CV No. 87281.
Petitioner Quasha Law Office is the duly authorized counsel of petitioner LIRL in the Philippines. Petitioner LIRL is a foreign corporation organized under the laws of Hong Kong and licensed to operate a resort casino hotel in Subic Bay, Philippines, on the basis of the 19 March 1993 Agreement it entered into with Philippine Amusement and Gaming Corporation (PAGCOR) and Subic Bay Metropolitan Authority (SBMA), which was later amended in July, 2000. It is doing business in the Philippines through its branch, LIRL-Subic.
Private respondent Khoo Boo Boon was the former Chief Executive Officer of LIRL-Subic. Private respondent Picazo Buyco Tan Fider and Santos Law Office (Picazo Law Office) was the former counsel of petitioner LIRL in the Philippines.
The controversy in this case arose from the following facts:
Petitioner LIRL filed a Complaint for Annulment of Contract, Specific Performance with Damages and Application for Preliminary Injunction and Temporary Restraining Order before the Regional Trial Court (RTC) of Olongapo City, Branch 72, docketed as Civil Case No. 219-0-2004, against PAGCOR and SBMA for amending the 19 March 1993 Agreement, notwithstanding the total absence of any consideration supporting petitioner LIRL's additional obligations imposed under the amended Agreement.
On 28 December 2004, the trial court rendered a Decision2 annulling the amendment to the 19 March 1993 Agreement executed between petitioner LIRL, PAGCOR and SBMA, as well as all the agreements that may have been entered into by PAGCOR pursuant thereto. The trial court also restrained PAGCOR from enforcing the amendment. It further enjoined PAGCOR from terminating the Agreement dated 19 March 1993 or from otherwise suspending, limiting, reducing or modifying petitioner LIRL's license to operate the Subic Bay Casinos and from entering into or continuing with any agreement with other entities for the operation of other casinos in the Subic Freeport Zone or from any such acts, which would in any way reduce or mitigate petitioner LIRL's right under the aforesaid Agreement.3 ???ñr?bl?š ??r