Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2014 > January 2014 Decisions > G.R. No. 196171, January 15, 2014 - RCBC CAPITAL CORPORATION, Petitioner, v. BANCO DE ORO UNIBANK, INC. (NOW BDO UNIBANK, INC.), Respondent.; G.R. NO. 199238 - BANCO DE ORO UNIBANK, INC., Petitioner, v. COURT OF APPEALS AND RCBC CAPITAL CORPORATION, Respondents.; G.R. NO. 200213 - BANCO DE ORO UNIBANK, INC., Petitioner, v. RCBC CAPITAL CORPORATION AND THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, IN THEIR OFFICIAL CAPACITY AS MEMBERS OF THE ARBITRATION TRIBUNAL, Respondents.:




G.R. No. 196171, January 15, 2014 - RCBC CAPITAL CORPORATION, Petitioner, v. BANCO DE ORO UNIBANK, INC. (NOW BDO UNIBANK, INC.), Respondent.; G.R. NO. 199238 - BANCO DE ORO UNIBANK, INC., Petitioner, v. COURT OF APPEALS AND RCBC CAPITAL CORPORATION, Respondents.; G.R. NO. 200213 - BANCO DE ORO UNIBANK, INC., Petitioner, v. RCBC CAPITAL CORPORATION AND THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, IN THEIR OFFICIAL CAPACITY AS MEMBERS OF THE ARBITRATION TRIBUNAL, Respondents.

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

G.R. No. 196171, January 15, 2014

RCBC CAPITAL CORPORATION, Petitioner, v. BANCO DE ORO UNIBANK, INC. (NOW BDO UNIBANK, INC.), Respondent.

G.R. NO. 199238

BANCO DE ORO UNIBANK, INC.
, Petitioner, v. COURT OF APPEALS AND RCBC CAPITAL CORPORATION, Respondents.

G.R. NO. 200213

BANCO DE ORO UNIBANK, INC.
, Petitioner, v. RCBC CAPITAL CORPORATION AND THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, IN THEIR OFFICIAL CAPACITY AS MEMBERS OF THE ARBITRATION TRIBUNAL, Respondents.

R E S O L U T I O N

VILLARAMA, JR., J.:

Before the Court are: (1) the Joint Motion and Manifestation dated October 1, 2013 filed in G.R. Nos. 196171 & 199238 by RCBC Capital Corporation (�RCBC Capital�), BDO Unibank, Inc. (�BDO�), and George L. Go, in his personal capacity and as attorney-in-fact of the individual stockholders as listed in the Share Purchase Agreement dated May 27, 2000 (�Go/Shareholders�), thru their respective counsels; and (2) the Joint Motion and Manifestation dated October 1, 2013 filed in G.R. No. 200213 by BDO and RCBC Capital thru their respective counsel.

All three petitions emanated from arbitration proceedings commenced by RCBC Capital pursuant to the arbitration clause under its Share Purchase Agreement (SPA) with EPCIB involving the latter�s shares in Bankard, Inc.�� In the course of arbitration conducted by the Tribunal constituted and administered by the International Chamber of Commerce-International Commercial Arbitration (ICC-ICA), EPCIB was merged with BDO which assumed all its liabilities and obligations.

G.R. No. 196171 is a petition for review under Rule 45 seeking to reverse the Court of Appeals (CA) Decision dated December 23, 2010 in CA-G.R. SP No. 113525 which reversed and set aside the June 24, 2009 Order of the Regional Trial Court (RTC) of Makati City, Branch 148 in SP Proc. Case No. M-6046.� The RTC confirmed the Second Partial Award issued by the Arbitration Tribunal ordering BDO to pay RCBC Capital proportionate share in the advance costs and dismissing BDO�s counterclaims.

G.R. No. 199238 is a petition for certiorari under Rule 65 assailing the September 13, 2011 Resolution in CA-G.R. SP No. 120888 which denied BDO�s application for the issuance of a stay order and/or temporary restraining order (TRO)/preliminary injunction against the RTC of Makati City, Branch 148 in Sp. Proc. Case No. M-6046.� Acting upon RCBC Capital�s urgent motion, the RTC issued on August 22, 2011 a writ of execution for the implementation of the court�s order confirming the Final Award rendered by the Arbitration Tribunal on June 16, 2010.

On the other hand, G.R. No. 200213, filed on February 6, 2012, is a petition for review under Rule 45 praying for the reversal of the CA�s Decision dated February 24, 2011 and Resolution dated January 13, 2012 in CA-G.R. SP No. 113402.� The CA denied BDO�s petition for certiorari and prohibition with application for issuance of a TRO and/or writ of preliminary injunction against the RTC of Makati City, Branch 148 in Sp. Proc. Case No. M-6046.��� By Order dated June 24, 2009, the RTC denied BDO�s motion for access of the computerized accounting system of Bankard, Inc. after Chairman Richard Ian Barker had denied BDO�s request that it be given access to the said source of facts or data used in preparing the accounting summaries submitted in evidence before the Arbitration Tribunal.

G.R. Nos. 196171 & 199238 were consolidated and a Decision was rendered by this Court on December 10, 2012, the dispositive portion of which states:chanRoblesvirtualLawlibrary

WHEREFORE, premises considered, the petition in G.R. No. 199238 is DENIED.� The Resolution dated September 13, 2011 of the Court of Appeals in CA-G.R. SP No. 120888 is AFFIRMED.

The petition in G.R. No. 196171 is DENIED.� The Decision dated December 23, 2010 of the Court of� Appeals in CA-G.R. SP No. 113525 is hereby AFFIRMED.

SO ORDERED.1

Both RCBC Capital and BDO filed motions for partial reconsideration of the above decision.

Meanwhile, in G.R. No. 200213, RCBC Capital filed its Comment, to which a Reply was filed by BDO. By Resolution dated July 22, 2013, both parties were directed to submit their respective memoranda within 30 days from notice.

In their Joint Motion and Manifestation filed in G.R. Nos. 196171 & 199238, the parties submit and pray that �

5.� After negotiations, the Parties have mutually agreed that it is in their best interest and general benefit to settle their differences with respect to their respective causes of action, claims or counterclaims in the RCBC Capital Petition and the BDO Petition, with a view to a renewal of their business relations.

6.� Thus, the parties have reached a complete, absolute and final settlement of their claims, demands, counterclaims and causes of action arising, directly or indirectly, from the facts and circumstances giving rise to, surrounding or arising from both Petitions, and have agreed to jointly terminate and dismiss the same in accordance with� their agreement.

7.� In view of the foregoing compromise between the Parties, BDO, RCBC Capital and Go/Shareholders, with the assistance of their respective counsels, have decided to jointly move for the termination and dismissal of the above-captioned cases with prejudice.

PRAYER

WHEREFORE, RCBC CAPITAL CORPORATION, BDO UNIBANK, INC. and� GEORGE L. GO, IN HIS PERSONAL CAPACITY AND AS ATTORNEY-IN-FACT OF THE INDIVIDUAL STOCKHOLDERS AS LISTED IN THE SHARE PURCHASE AGREEMENT DATED 27 MAY 2000 respectfully pray that this Honorable Court order the termination and dismissal of the above-captioned cases, with prejudice.

RCBC Capital BDO and Go/Shareholders respectfully pray for such other relief as may be deemed just or equitable under the premises.2

BDO and RCBC Capital likewise submit and pray in their Joint Motion and Manifestation in G.R. No. 200213 that �

3. After negotiations, the Parties have mutually agreed that it is in their best interest and general benefit to settle their differences with respect to their respective causes of action, claims or counterclaims in the above-captioned case, with a view to a renewal of their business relations.

4.� Thus, the Parties have reached a complete, absolute and final settlement of their claims, demands, counterclaims and causes of action arising, directly or indirectly, from the facts and circumstances giving rise to, surrounding or arising from the present Petition, and have agreed to jointly terminate and dismiss the present Petition in accordance with their agreement.

5.� In view of the foregoing compromise between the Parties, BDO and RCBC Capital, with the assistance of their respective counsels, have decided to jointly move for the termination and dismissal of the above-captioned case with prejudice.

PRAYER

WHEREFORE, BDO UNIBANK, INC. and RCBC CAPITAL CORPORATION respectfully pray that this Honorable Court order the termination and dismissal of the above-captioned case, with prejudice.

BDO and RCBC Capital respectfully pray for such other relief as may be deemed just or equitable under the premises.3

Under this Court�s Resolution dated November 27, 2013, G.R. No. 200213 is ordered consolidated with G.R. Nos. 196171 & 199238.

IN VIEW OF THE FOREGOING and as prayed for, G.R. Nos. 196171, 199238 and 200213 are hereby ordered DISMISSED with prejudice and are deemed CLOSED and TERMINATED.

SO ORDERED.

Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Reyes, JJ. concur.

Endnotes:


1RCBC Capital Corporation v. Banco de Oro Unibank, Inc., 687 SCRA 583, 629-630.

2Rollo (G.R. No. 196171), pp. 3403-3404.

3Rollo (G.R. No. 200213), p. 3581.



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  • G.R. No. 160600, January 15, 2014 - DOMINGO GONZALO, Petitioner, v. JOHN TARNATE, JR., Respondent.

  • G.R. No. 184045, January 22, 2014 - SPOUSES NICASIO C. MARQUEZ AND ANITA J. MARQUEZ, Petitioners, v. SPOUSES CARLITO ALINDOG AND CARMEN ALINDOG, Respondents.

  • G.R. No. 173540, January 22, 2014 - PEREGRINA MACUA VDA. DE AVENIDO, Petitioner, v. TECLA HOYBIA AVENIDO, Respondent.

  • A.C. No. 10135, January 15, 2014 - EDGARDO AREOLA, Complainant, v. ATTY. MARIA VILMA MENDOZA, Respondent.

  • G.R. No. 170701, January 22, 2014 - RALPH P. TUA, Petitioner, v. HON. CESAR A. MANGROBANG, PRESIDING JUDGE, BRANCH 22, REGIONAL TRIAL COURT, IMUS, CAVITE; AND ROSSANA HONRADO-TUA, Respondents.

  • A.M. No. RTJ-11-2287 (Formerly OCA I.P.I. No. 11-3640-RTJ), January 22, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. HON. CADER P. INDAR, AL HAJ, PRESIDING JUDGE AND ABDULRAHMAN D. PIANG, PROCESS SERVER, BRANCH 14, BOTH OF THE REGIONAL TRIAL COURT, BRANCH 14, COTABATO CITY, Respondents.

  • A.M. No. P-12-3043 [Formerly OCA I.P.I. No. 08-2953-P], January 15, 2014 - ATTY. MARCOS R. SUNDIANG, Complainant, v. ERLITO DS. BACHO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 124, CALOOCAN CITY, Respondent.

  • A.M. No. P-08-2574 (Formerly A.M. OCA IPI No. 08-2748-P), January 22, 2014 - RAUL K. SAN BUENAVENTURA, Complainant, v. TIMOTEO A. MIGRI�O, CLERK OF COURT III, METROPOLITAN TRIAL COURT, BRANCH 69, PASIG CITY, Respondent.

  • A.C. No. 8644 [Formerly CBD Case No. 11-2908], January 22, 2014 - AIDA R. CAMPOS, ALISTAIR R. CAMPOS AND CHARMAINE R. CAMPOS, Complainants, v. ATTY. ELISEO M. CAMPOS, Respondent.

  • A.C. No. 5581, January 14, 2014 - ROSE BUNAGAN-BANSIG, Complainant, v. ATTY. ROGELIO JUAN A. CELERA, Respondent.

  • A.M. No. P-13-3141 [Formerly OCA I.P.I. No. 08-2875-P], January 21, 2014 - ATTY. RHEA R. ALCANTARA-AQUINO, Complainant, v. MYLENE H. DELA CRUZ, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, SANTA CRUZ, LAGUNA, Respondent.

  • A.M. No. P-05-2051, January 21, 2014 - OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ATTY. MONA LISA A. BUENCAMINO, CLERK OF COURT IV, DAVID E. MANIQUIS, CLERK OF COURT III, AND CIELITO M. MAPUE, SHERIFF III, ALL OF THE OFFICE OF THE CLERK OF COURT, METROPOLITAN TRIAL COURT, CALOOCAN CITY, Respondents.; A.M. No. 05-4-118-MeTC - RE: REPORT ON THE FINANCIAL AUDIT CONDUCTED IN THE METROPOLITAN TRIAL COURT, OFFICE OF THE CLERK OF COURT, CALOOCAN CITY

  • G.R. No. 197760, January 13, 2014 - TEAM ENERGY CORPORATION (FORMERLY MIRANT PAGBILAO CORPORATION), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 191555, January 20, 2014 - UNION BANK OF THE PHILIPPINES, Petitioner, v. DEVELOPMENT BANK OF THE PHILIPPINES, Respondent.

  • G.R. No. 183880, January 20, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. TOLEDO POWER, INC., Respondent.

  • G.R. No. 180972, January 20, 2014 - JONAS MICHAEL R. GARZA, Petitioner, v. COCA-COLA BOTTLERS PEREZ, AND PHILIPPINES, INC. CHRISTINE BANAL/ CALIXTO MANAIG, Respondents.

  • G.R. No. 192034, January 13, 2014 - ALPHA SHIP MANAGEMENT CORPORATION/JUNEL M. CHAN AND/OR CHUO-KAIUN COMPANY, LIMITED, Petitioners, v. ELEOSIS V. CALO, Respondent.

  • G.R. No. 176439, January 15, 2014 - THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Petitioner, v. BTL CONSTRUCTION CORPORATION, RESPONDENT.; G.R. No. 176718 - BTL CONSTRUCTION CORPORATION, Petitioner, v. THE PRESIDENT OF THE MANILA MISSION OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS AND BPI-MS INSURANCE CORPORATION, Respondents.

  • G.R. No. 185798, January 13, 2014 - FIL-ESTATE PROPERTIES, INC. AND FIL-ESTATE NETWORK, INC., Petitioners, v. SPOUSES CONRADO AND MARIA VICTORIA RONQUILLO, Respondents.

  • G.R. No. 190928, January 13, 2014 - TEAM ENERGY CORPORATION (FORMERLY MIRANT PAGBILAO CORP.), Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 201011, January 27, 2014 - THERESITA, JUAN, ASUNCION, PATROCINIA, RICARDO, AND GLORIA, ALL SURNAMED DIMAGUILA, Petitioners, v. JOSE AND SONIA A. MONTEIRO, Respondents.

  • G.R. No. 187973, January 20, 2014 - LZK HOLDINGS AND DEVELOPMENT CORPORATION, Petitioner, v. PLANTERS DEVELOPMENT BANK, Respondent.

  • G.R. No. 196231, January 28, 2014 - EMILIO A. GONZALES III, Petitioner, v. OFFICE OF THE PRESIDENT OF THE PHILIPPINES, ACTING THROUGH AND REPRESENTED BY EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., SENIOR DEPUTY EXECUTIVE SECRETARY JOSE AMOR M. AMORANDO, OFFICER-IN-CHARGE - OFFICE OF THE DEPUTY EXECUTIVE SECRETARY FOR LEGAL AFFAIRS, ATTY. RONALDO A. GERON, DIR. ROWENA TURINGAN-SANCHEZ, AND ATTY. CARLITO D. CATAYONG, Respondents.; G.R. No. 196232 - WENDELL BARRERAS-SULIT, Petitioner, v. ATTY. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, OFFICE OF THE PRESIDENT, ATTY. DENNIS F. ORTIZ, ATTY. CARLO D. SULAY AND ATTY. FROILAN D. MONTALBAN, JR., IN THEIR CAPACITIES AS CHAIRMAN AND MEMBERS OF OFFICE OF MALACA�ANG LEGAL AFFAIRS, Respondents.

  • G.R. No. 200304, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DONALD VASQUEZ Y SANDIGAN @ �DON,� Accused-Appellant.

  • G.R. No. 201092, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOEL AQUINO Y CENDANA @ �AKONG,� Accused-Appellant.

  • G.R. No. 199226, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROEL VERGARA Y CLAVERO, Accused-Appellant.

  • G.R. No. 196171, January 15, 2014 - RCBC CAPITAL CORPORATION, Petitioner, v. BANCO DE ORO UNIBANK, INC. (NOW BDO UNIBANK, INC.), Respondent.; G.R. NO. 199238 - BANCO DE ORO UNIBANK, INC., Petitioner, v. COURT OF APPEALS AND RCBC CAPITAL CORPORATION, Respondents.; G.R. NO. 200213 - BANCO DE ORO UNIBANK, INC., Petitioner, v. RCBC CAPITAL CORPORATION AND THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, IN THEIR OFFICIAL CAPACITY AS MEMBERS OF THE ARBITRATION TRIBUNAL, Respondents.

  • G.R. Nos. 198729-30, January 15, 2014 - CBK POWER COMPANY LIMITED, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

  • G.R. No. 196156, January 15, 2014 - VISAYAS COMMUNITY MEDICAL CENTER (VCMC), FORMERLY KNOWN AS METRO CEBU COMMUNITY HOSPITAL (MCCH), Petitioner, v. ERMA YBALLE, NELIA ANGEL, ELEUTERIA CORTEZ AND EVELYN ONG, Respondents.

  • G.R. No. 196047, January 15, 2014 - LEPANTO CONSOLIDATED MINING CORPORATION, Petitioner, v. BELIO ICAO, Respondent.

  • G.R. No. 195064, January 15, 2014 - NARI K. GIDWANI, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.

  • G.R. No. 186063, January 15, 2014 - PHILIPPINE NATIONAL BANK, Petitioner, v. SAN MIGUEL CORPORATION, Respondent.

  • G.R. No. 203028, January 15, 2014 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSELITO BERAN Y ZAPANTA @ �JOSE�, Respondents.

  • G.R. No. 193986, January 15, 2014 - EASTERN SHIPPING LINES, INC., Petitioner, v. BPI/MS INSURANCE CORP., AND MITSUI SUMITOMO INSURANCE CO., LTD., Respondents.

  • G.R. No. 190106, January 15, 2014 - MAGDALENA T. VILLASI, Petitioner, v. SPOUSES FILOMENO GARCIA AND ERMELINDA HALILI-GARCIA, Respondents.

  • G.R. No. 183918, January 15, 2014 - FRANCISCO LIM, Petitioner, v. EQUITABLE PCI BANK, NOW KNOWN AS THE BANCO DE ORO UNIBANK, INC.,* Respondents.

  • G.R. No. 183860, January 15, 2014 - RODOLFO LABORTE AND PHILIPPINE TOURISM AUTHORITY, Petitioners, v. PAGSANJAN TOURISM CONSUMERS� COOPERATIVE AND LELIZA S. FABRICIO, WILLIAM BASCO, FELICIANO BASCO, FREDIE BASCO, ROGER MORAL, NIDA ABARQUEZ, FLORANTE MUNAR, MARY JAVIER, MARIANO PELAGIO, ALEX EQUIZ, ALEX PELAGIO, ARNOLD OBIEN, EDELMIRO ABAQUIN, ARCEDO MUNAR, LIBRADO MALIWANAG, OSCAR LIWAG, OSCAR ABARQUEZ, JOEL BALAGUER, LIZARDO MUNAR, ARMANDO PANCHACOLA, MANUEL SAYCO, EDWIN MATIBAG, ARNEL VILLAGRACIA, RODOLFO LERON, ALFONSO ABANILLA, SONNY LAVA, AND DENNIS BASCO, Respondents.

  • G.R. No. 183015, January 15, 2014 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), Petitioner v. TETRO ENTERPRISES, INCORPORATED, Respondent.

  • G.R. No. 172551, January 15, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. YATCO AGRICULTURAL ENTERPRISES, Respondent.

  • UDK No. 14817, January 13, 2014 - IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG KO VINGSON YU SHIRLY VINGSON @ SHIRLY VINGSON DEMAISIP, Petitioner, v. JOVY CABCABAN, Respondent.

  • A.M. No. RTJ-14-2367 (formerly OCA I.P.I. No. 12-3879-RTJ), January 13, 2014 - SR. REMY ANGELA JUNIO, SPC AND JOSEPHINE D. LORICA, Complainants, v. JUDGE MARIVIC A. CACATIAN-BELTRAN, BRANCH 3, REGIONAL TRIAL COURT, TUGUEGARAO CITY, CAGAYAN, Respondent.

  • G.R. No. 166995, January 13, 2014 - DENNIS T. VILLAREAL, Petitioner, v. CONSUELO C. ALIGA, Respondent.

  • G.R. No. 161106, January 13, 2014 - WORLDWIDE WEB CORPORATION AND CHERRYLL L. YU, Petitioners, v. PEOPLE OF THE PHILIPPINES AND PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondents.; G.R. NO. 161266 - PLANET INTERNET CORP., Petitioner, v. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondent.

  • G.R. No. 193517, January 15, 2014 - THE HEIRS OF VICTORINO SARILI, NAMELY: ISABEL A. SARILI,* MELENCIA** S. MAXIMO, ALBERTO A. SARILI, IMELDA S. HIDALGO, ALL HEREIN REPRESENTED BY CELSO A. SARILI, Petitioners, v. PEDRO F. LAGROSA, REPRESENTED IN THIS ACT BY HIS ATTORNEY-IN-FACT, LOURDES LABIOS MOJICA, Respondent.

  • G.R. No. 183204, January 13, 2014 - THE METROPOLITAN BANK AND TRUST COMPANY, Petitioner, v. ANA GRACE ROSALES AND YO YUK TO, Respondents.

  • G.R. No. 191498, January 15, 2014 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. MINDANAO II GEOTHERMAL PARTNERSHIP, Respondent.

  • G.R. No. 192371, January 15, 2014 - LAND BANK OF THE PHILIPPINES, Petitioner, v. EMMANUEL O�ATE, Respondent.

  • G.R. No. 163109, January 22, 2014 - MARICHU G. EJERA, Petitioner, v. BEAU HENRY L. MERTO AND ERWIN VERGARA, Respondents.