January 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 180644 : January 16, 2012]
HON. VEDASTO B. MARCO, AS THE PAIRING JUDGE OF BRANCH 42, RTC MANILA, CARLOS RUBI AND SHANGHAI BANKING CORPORATION LIMITED VS. REPUBLIC OF THE PHILIPPINES REPRESENTED BY THE ANTI-MONEY LAUNDERING COUNCIL.
G.R. No. 180644 - HON. VEDASTO B. MARCO, as the Pairing Judge of Branch 42, RTC Manila, CARLOS RUBI and SHANGHAI BANKING CORPORATION LIMITED vs. REPUBLIC OF THE PHILIPPINES represented by the ANTI-MONEY LAUNDERING COUNCIL.
RESOLUTION
After a careful evaluation of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals committed reversible error. The rules on prior recourse to available remedies may be set aside to achieve fair and speedy disposition of justice taking into consideration the peculiarity, uniqueness and unusual character of the factual and circumstantial settings of a case.[1] Considering that in this case, there was an urgent necessity to determine the propriety of the dismissal of the complaint against petitioner Rubi, which carried with it the lifting of the injunction against his share in the subject bank account, the CA properly took cognizance of the petition for certiorari. It likewise correctly reinstated the complaint against petitioner Rubi holding that the issue of whether or not there is truth to the allegation that the subject bank accounts are related to or involved in some unlawful activities is a matter appropriate for determination in a trial on the merits.cralaw
WHEREFORE, the Court DENIES the petition.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] Sps. Chua vs. Hon. Ang, G.R. No. 156164, September 4, 2009.