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[G.R. No. 145817.November 13, 2002]
URBAN BANK, INC. vs. MAGDALENO PE�A
FIRST DIVISION
Gentlemen:�
Quoted hereunder, for your information, is a resolution of this Court dated 13 NOV 2002.
G.R. No. 145817(Urban Bank, Inc. vs. Magdaleno Pe�a.);
G.R. No. 145822 (Delfin C. Gonzales, Jr., et al. vs. Magdaleno Pe�a.)
For consideration are the following: (1) Motion for Clarification dated August 6, 2002 filed by petitioner Urban Bank; (2) Motion for Clarification dated February 4, 2002 filed by movant Makati (Sports) Club, Inc. ("MSCI" for brevity); and, (3) Respondent's Motion to Inhibit dated February 18, 2002.
In its Motion for Clarification, petitioner Urban Bank alleged that respondent Pena and the Deputy Sheriff of the Regional Trial Court of Bago City conducted a sale at public auction before the issuance by this Court of its Resolution dated November 19, 2001 approving the supersedeas bond which consequently stayed the execution pending appeal of the trial court's decision in Civil Case No. 754. Petitioner is of the view that the running of the one-year redemption period and the consolidation of titles in the name of the buyers at the auction sale were likewise suspended or stayed. Petitioner seeks clarification on this matter considering that the properties which have been sold were allegedly worth substantially more than the prices at which they have been sold.
Movant MSCI's Motion seeks a clarification on whether this Court's Resolution dated November 19, 2001 staying the execution pending appeal of the judgment of the trial court allows or prohibits MSCI from proceeding with the transfer of petitioner Urban Bank's MSCI club shares to the winning bidders in the execution sale held on October 11, 2001.
As regards the Motion to Inhibit, respondent seeks the inhibition of Associate Justice Artemio Panganiban from participating in this case alleging that Justice Panganiban, Urban Bank Chairman-Founder Arsenio Bartolome III and Urban Bank President and CEO Teodoro Borlongan are "close personal friends because they are all Rotarians."
WHEREFORE , the Court hereby RESOLVES to clarify that, as a consequence of its approval of the supersedeas bond, the running of the one-year period for petitioner Urban Bank to redeem the properties sold at the public auctions held on October 4, 11 and 25, 2001, as well as the consolidation of the titles in favor of the buyers, is SUSPENDED OR STAYED.MSCI is also prohibited from transferring petitioner Urban Bank's MSCI club shares to the winning bidders in the execution sale held on October 11, 2001.
Respondent's Motion to Inhibit is DENIED considering that Justice Panganiban is not a member of this Division.
The Court further Resolves to:
(a) GRANT the first and second motions of petitioner Urban Bank for extension of time totalling twenty-five (25) days from May 3, 2002 within which to file comment on respondent's motion for reconsideration in G.R. No. 145817 of the resolution of November 19, 2001 approving the compromise agreement; and
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(b)NOTE: (1) the aforesaid comment/opposition to the said motion for reconsideration; (2) the manifestation and motion to resolve of counsel for Makati Sports Club by way of special appearance in this case; (3) the manifestation and motion of Makati Sports Club, Inc. praying that this Court: (aa) take note of the Motion to Cite in Contempt by Mr. Ramon Ereneta filed with the Regional Trial Court, Bago City, Branch 62, as well as the manifestation filed by MSCI in response thereto; and (bb) that it resolve the motion for clarification to finally put at rest the issue of whether the stay order issued by this Court prohibits MSCI from proceeding with the transfer of petitioner Urban Bank's shares to the winning bidders in the execution sale held on October 11, 2001; and (4) the urgent motion to resolve of petitioner Urban Bank, Inc.
Very truly yours,
VIRGINIA ANCHETA-SORIANO
Clerk of Court
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
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Asst. Clerk of Court
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