ChanRobles Virtual law Library

chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

cralaw_scresolutions_separator.NHAD

[G.R. No. 130998.November 12, 2001]

MARUBENI CORP, et al. vs. LIRAG

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 12 2001.

G.R. No. 130998 (Marubeni Corporation, Ryoichi Tanaka, Ryohei Kimura and Shoici One petitioners vs. Felix Lirag, respondents.)

On August 10, 2001, the Court promulgated its decision in the above-entitled case that reversed and set aside the decision of the Court of Appeals.

On October 9, 2001, respondent filed with the Court a manifestation expressing surprise about the resolution of the case despite the fact that the parties filed earlier a joint motion to dismiss on the ground that they have settled the case.

It has been a common impression of legal practitioners that once a motion to dismiss has been filed, the Court becomes powerless and loses its discretion to dispose of the case on the merits. This is not true.

A scrutiny of the records would reveal that the joint motion to dismiss was filed several months after the Court gave due course to the petition and after both parties were required to submit their respective memoranda. 1 The petition was given due course on October 21, 1998. Rollo, p. 274. To be specific, the joint motion to dismiss was filed on April 16, 1999. The Court noted the motion in its resolution of June 16, 1999. 2 Rollo. p. 352. Once a petition has been given due course, the Court is obliged to look into the merits of the case.

The filing of the motion to dismiss by both parties would not automatically result in the termination of the proceedings and the dismissal of the petition. For if this were the case, the Court would have granted the motion to dismiss at the first instance. As stated in the instant case, the Court noted the motion, and later decided the case on the merits.

With the Court's subsequent disposition of the case on August 10, 2001, whatever misimpression respondent might have that the filing of the motion to dismiss resulted in the termination of the proceedings must be laid to rest.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com