ChanRobles Virtual law Library
[G.R. No. 133862.
ASSET PRIVATIZATION TRUST, PETITIONER v. COURT OF APPEALS, HON. EUDARLIO B. VALENCIA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 222, QUEZON CITY, AND FELICIDAD AND REYNALDO CALIMBAS, RESPONDENTS
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information is a resolution of the
Third Division of this Court dated
G.R. No. 133862 (Asset Privatization Trust, Petitioner v. Court of Appeals, Hon. Eudarlio B. Valencia, in his capacity as Presiding Judge of the Regional Trial Court, Branch 222, Quezon City, and Felicidad and Reynaldo Calimbas, Respondents.)
This petition for review
[1]
cralaw
assails the
Respondents Felicidad and Reynaldo Calimbas filed a complaint for specific performance and consignation with prayer for the issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction against Philippine National Bank (PNB) and petitioner Asset Privatization Trust (APT).
The trial court issued a TRO in its Order dated
APT filed on
On
APT filed a Motion for Reconsideration of the Orders dated
In its Order dated
On
Aggrieved, APT filed a petition for certiorari [3] cralaw with the Court of Appeals.
In its Decision
[4]
cralaw
of
WHEREFORE, premises considered, the petition for certiorari is
given DUE COURSE. The
writ of preliminary injunction issued by Judge EudarlioValencia in Civil Case No. Q-095-25261 is hereby lifted and set
aside. The orders dated
SO ORDERED. [5] cralaw
APT filed a Motion to Clarify Decision because the Court of Appeals did not distinctly rule on the trial court's denial of APT's motion to dismiss the complaint.
The question therefore is whether the Court of Appeals, in
annulling the
The Court holds that the Court of Appeals, in lifting and setting aside the preliminary injunction issued by Judge Eudarlio Valencia in Civil Case No. Q-095-25261, did not obviously include the dismissal of the case against APT. As stated by the Court of Appeals, the issue of whether the contract of sale between PNB and respondents binds APT should be resolved by the trial court.
WHEREFORE, the Court REMANDS this case to the Regional Trial Court, Quezon City, Branch 222 for further proceedings.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA
ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw Under Rule 45 of the Rules of Court.
[2] cralaw Penned by Associate Justice Ramon A. Barcelona, with Associate Justices Artemon D. Luna and Ricardo P. Galvez, concurring.
[3] cralaw Under Rule 65 of the Rules of Court.
[4] cralaw Penned by Associate Justice Maximiano C. Asuncion, with Associate Justices Artemon D. Luna and Ramon A. Barcelona, concurring.
[5] cralaw Rollo , p. 24.
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH