[G.R. No. 143649. May
17, 2004]
AMA vs. CA
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
MAY 17 2004.
G.R. No. 143649 (AMA Computer
College, Inc. vs. Court of Appeals and Philippine Basketball League.)
The present petition seeks to set aside the Decision dated 29
October 1999 and the Resolution dated 6
June 2000 of the Court of Appeals in CA-G.R. SP No. 46937. The
subject of the petition before the Court of Appeals is the interlocutory Order
of 19 November 1997 of the
Regional Trial Court of Quezon City, Branch 223 ("RTC-Branch 223") which
granted the application of petitioner AMA Computer College, Inc. ("AMA") for a
writ of preliminary mandatory injunction in Civil Case No. Q-97-31294, as well
as the Order of 24 December 1997
denying the motion for reconsideration of respondent Philippine Basketball
League ("PBL").
The main case before the RTC-Branch 223 is a petition for mandamus
with prayer for preliminary injunction and damages which sought to restore the
franchise of AMA in the PBL and to be allowed to participate in the league's
subsequent conferences. The assailed Order of 19
November 1997 of RTC-Branch 223 directed PBL to reinstate AMA's
franchise and restore AMA's participation in the PBL Second Conference and in
subsequent conferences. On petition for certiorari, the Court of Appeals, in
its Decision dated 29 October 1999
in CA-G.R. SP No. 46937, nullified and set aside the orders of RTC-Branch 223.
The case was elevated to this Court on petition for review. While the case was
pending before this Court, RTC-Branch 223, on 30
September 2002, rendered a decision on the main case in favor of PBL
ordering AMA to pay PBL P1,199,443.55 representing the second payment
for television coverage and the cost of streamers and additional tickets. The
RTC-decision of 30 September 2002
has rendered the present petition moot and academic. Moreover, the RTC-decision
is pending appeal before the Court of Appeals.
WHEREFORE, in view of the foregoing, the Court RESOLVES to
consider the present petition MOOT
and
ACADEMIC, and the same is closed and terminated.
Very truly yours,
(Sgd.) ENRIQUETA
ESGUERRA-VIDAL
Clerk of Court
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