Philippine Supreme Court Resolutions > Year 2008 > June 2008 Resolutions > [G.R. No. 158332 : June 30, 2008] MARICALUM MINING CORPORATION V. HON. COURT OF APPEALS, HON. JUDGE ZENAIDA DAGUNA, SHERIFF RICARDO L. SIMEON, REMINGTON INDUSTRIAL SALES CORPORATION :

Quoted hereunder, for your information,  is a resolution of this Court dated 30 June 2008:

G.R. No. 158332  Maricalum Mining Corporation v. Hon. Court of Appeals, Hon. Judge Zenaida Daguna, Sheriff Ricardo L. Simeon, Remington Industrial Sales Corporation


This refers to the Motion for Reconsideration of respondent. 

The matters raised therein have been threshed out in the February 11, 2008 Decision of the Court, except for one relating to the Court's Decision in Maricalum Mining Corporation v. National Labor Relations Commission^[1], which respondent-movant claims is authority for holding petitioner liable for all the obligations of Marinduque Mining and Industrial Corporation Marinduque Mining to respondent-movant.

Maricalum Mining v. National Labor Relations Commission cited by respondent movant is hardly in point The Court based its Decision in said case on the following finding:

We do not agree with petitioner Maricalum's [petitioner's] contention that Saludar has no cause of action against it since the judgment sought to revived was obtained against Marinduque.  The records show that Maricalum [petitioner] voluntarily absorbed marinduque's obligations to its employees.  The NLRC found that when the Philippine National Bank (PNB) and Development Bank of the Philippines (DBP) transferred Marinduque's assets to Maricalum [petitioner], the Deed of Transfer contained the proviso that "(f)rom and after the effectivity date, Maricalum [petitioner] shall be solely liable for any liability due or owing to any other person (natural or corporate)."  Marinduque's liablity to respondent Saludar for unpaid backwages adjudicated in RAB Case No. 06-0610-83 way back in 1984 became final when no appeal was interposed by it.  This final judgment then formed part of the liabilities of Marinduque which Maricalum [petitioner] assumed in the Deed of Transfer.  Thus, it is futile for Maricalum [petitioner] to deny liability it had voluntarily assumed.^[2] (Emphasis added)

In the present case, herein petitioner did not voluntarily assume any liabiltiy of Marinduque Mining to respondent-movant.

Moreover there is no final judgment on which respondent-movant can base its claims against petitioner. As the Court discussed at length in its February 11, 2008 Decision, the April 10, 1999 Decision of the Regional Trial Court (RTC) in Civil Case No. 3-1-25858, which respondent-movant is seeking to enforce against petitioner through the March 9, 2001 and, May 10, 2001 RTC Orders, did not attain, finality because it was annulled by the Court in Development Bank of the Philippines v. Court of Appeals^[3] and Philippine National Bank v. Court of Appeals^[4] on the ground that respondent-movant has no cause of action not only against the Development Bank of the Philippines and Philippine National Bank big also against the latter's transferees, including herein petitioner.

Accordingly, respondent-movant's motion for reconsideration is DENIED with FINALITY for lack of merit.

 SO ORDERED.