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[G.R. No. 175338. November 28, 2006]

AIR MATERIAL WING SAVINGS AND LOAN ASSOCIATION, INC., et al. vs. COL. LUVIN S. MANAY, PNP (RET.), et al.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated NOV. 28, 2006.

"G.R. No. 175338 (Air Materiel Wing Savings and Loan Association, Inc., et al. vs. Col. Luvin S. Manay, PNP (Ret.), et al.)

After deliberating on the petition for review on certiorari with application for an ex-parte temporary restraining order and/or status quo ante order (with special raffle), of the decision and resolution of the Court of Appeals dated August 15, 2006 and November 10, 2006, respectively, the Court, without giving due course thereto, resolves to require the respondents to COMMENT thereon (not to file a motion to dismiss) within ten (10) days from notice hereof.

Acting on the application for an ex-parte temporary restraining order and/or status quo ante order, the Court further resolves to issue a TEMPORARY RESTRAINING ORDER enjoining the implementation of the Court of Appeals decision dated August 15, 2006 and resolution dated November 10, 2006 in CA-G.R. SP No. 92372 entitled "Col. Luvin S. Manay, PNP (Ret.), et al. vs. Hon. Henrick F. Gingoyon, et al." which annulled and set aside the assailed Orders dated October 14, 2005 and October 28, 2005 of the Regional Trial Court, Branch 117, Pasay City in RTC SEC Case No. 05-001-CFM, for election protest, entitled "Col. Luvin S. Manay (Ret.), et al. vs. The Committee on Elections of Air Materiel Wing Savings and Loan Association, et al.", and hereby temporarily prohibiting or enjoining (a) respondent Judge Mupas from implementing the questioned order dated November 22, 2006; and (b) respondents, or their replacements, and persons, individuals, agents, contractors or staff under their employ from entering Air Materiel Wing Savings and Loan Association (AMWSLAI) premises in order to assume, perform or discharge the duties of a reinstated member of the AMWSLAI Board, or the rights and responsibilities of a member of the AMWSLAI Board, or to manage and direct the operation of AMWSLAI, upon the petitioners' filing of a BOND in the amount of One Hundred Thousand Pesos (P100,000.00) within a period of five (5) days from notice hereof, otherwise this resolution shall be deemed to be of no force and effect. Said bond shall answer for the payment to respondents of any damages which they may incur by reason of the issuance of the temporary restraining order sought, if it should be finally adjudged that said petitioners were not entitled thereto, effective upon approval by this Court of the bond to be posted.

In case a surety bond is posted, the same must contain terms and conditions acceptable to this Court and must be accompanied by the following:

(a) Certified copy of a valid Certificate of Accreditation and Authority issued by the Office of the Court Administrator;

(b) Copy of the Certificate of Compliance with Circular No. 66 of the Insurance Commission duly certified by the Insurance Commission;

(c) Proof of payment of legal fees under the Rules of Court and the documentary stamp tax (thirty centavos [P0.30] on each four pesos [P4.00] or fractional part thereof, of the premium charged, pursuant to Section 187 Title VII of Rep. Act No. 8424 and Value Added Tax (VAT) under the National Internal Revenue Code;

(d) Photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator containing the photograph of the authorized agent (after presentation to the Clerk of Court of the original copy thereof as Copy of the Certificate of Accreditation and Authority containing the photograph of the agent); and

(e) Secretary's Certificate containing the specimen signature of the agents authorized to transact business with the courts.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division (1)

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