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[G.R. No. 146796.November 19, 2001]

CHIQUITA INTERNATIONAL LTD. vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 19 2001.

G.R. No. 146796(Chiquita International Ltd., petitioner, vs. Court of Appeals, The Hon. Jesus L. Grageda, Presiding Judge, RTC, Panabo, Davao, Br. 4, and Tagum Agricultural Development Corporation, respondents.)

The petition for certiorari ¹ Under Rule 65, Revised Rules of Court. at bar arose out of the two (2) civil cases ² Civil Case No. 94-46 (Rollo, pp. 61-76, 91-125) and Civil Case No. 94-59 (cited in footnote no. 1 in the petition filed on February 9, 2001), both for damages with temporary restraining order and preliminary injunction, cited as footnote no. 1 in the petition filed on February 9, 2001 (Rollo, pp. 3-24, at p. 1). filed by respondent Tagum Agricultural Development Corporation (TADECO) against petitioner Chiquita International Ltd. (Chiquita) in the Regional Trial Court, Davao, Brancn 4, Panabo.

Petitioner Chiquita International Ltd. and respondent Tagum Agricultural Development Corporation were parties to a Banana Purchase Agreement, executed on October 1, 1989, ³ Annex A of petition filed on February 9, 2001 (Rollo, pp. 25-60, at p. 27). whereby the latter promised to sell all its Cavendish bananas ⁴ Civil Case No. 94-46, Complaint (Rollo, pp. 6 1-76, at p. 62). to Chiquita. Disagreements arose as to the terms and conditions of the contract, and sometime in 1994, TADECO initiated negotiations with other importers for the sale of its products. Chiquita wrote to the different importers not to honor TADECO's offer in view of the existing contract between them. ⁵ Ibid., at pp. 62-68. This prompted TADECO to file with the Regional Trial Court, Davao, Branch 4, Panabo two cases ⁶ Supra, Note 2. for temporary restraining order ex parte and preliminary injunction against Chiquita.

Chiquita filed the present petition ⁷ Rollo, pp. 3-24. On February 28, 2001, we gave due course to the petition and ordered the parties to file their respective memoranda. On the same date, we issued a temporary restraining order, as prayed for (Rollo, pp. 232-235). for the issuance of a writ of preliminary injunction and/or temporary restraining order enjoining the trial court from proceeding with the hearing of the two civil cases.

On September 13, 2001, the parties filed a joint motion to approve a "Compromise Agreement and General Release" simultaneously with the court a quo, the Court of Appeals and the Supreme Court. ⁸ Rollo, pp. 272-330.

In view whereof, this case is REMANDED to the Regional Trial Court, Davao, Branch 4, Panabo, for prompt and proper disposition. This case is declared terminated and resolved.

No costs.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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