[G.R. No. 143974. August 9, 2000]

BPI, et al. vs. GRACIANO MANTO, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 9 2000.

G.R. No. 143974 (Bank of the Philippine Islands, et al., vs. Graciano Manto, et al.)

Considering the oral arguments advanced by the counsel for the petitioners and those of the counsel for the respondents, the petitioners' motion for the issuance of a temporary restraining order (TRO) appears to be premature. The alleged inaction of the Court of Appeals, for a period of a little over three (3) months, on the petition of the petitioners for the issuance of a writ of preliminary injunction in CA-G.R. SP No. 54843 (entitled Bank of the Philippine Islands, et al. vs. Graciano Manto, et. al.) does not appear to be inordinate or unreasonable. Thus, the record shows that the temporary restraining order earlier issued by the Court of Appeals in CA-G.R. SP No. 54843 expired only on April 21, 2000 whereas the Petition For Review With Urgent Request For A Temporary Restraining Order in this instant case was filed by the petitioners with this Court on August 1, 2000.

Other equally valid reasons for denying the said motion are: (a) The Petition in the above-entitled case appears to be barred by the pendency in the Court of Appeals of the said CA-G.R. SP No. 54843 which involves the same parties, the same subject matter and the same issues; and (b) that the said motion itself constitutes forum shopping which is prohibited.

WHEREFORE , the petitioners' Urgent Motion For Issuance Of A Temporary Restraining Order is hereby DENIED.

SO ORDERED.

(Bellosillo, J., Chairman, on official leave; Mendoza, J., Acting Chairman, took no part)

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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