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PNB Versus Castalloy Tech
PNB Versus Castalloy Tech
Supreme Court
Manila
SECOND DIVISION
Present:
CARPIO, J.,
-versus-
Chairperson,
BRION,
PEREZ,
CASTALLOY TECHNOLOGY
SERENO, and
CORPORATION, ALLIED
INDUSTRIAL CORPORATION, REYES, JJ.
ALINSU STEEL FOUNDRY
CORPORATION, GLORIA C.
NGO and TOMAS C. NGO, JR., Promulgated:
Res
pondents.
x----------------------------------------------------------------------------------------x
DECISION
REYES, J.:
On
February
28,
2007,
the
CA
rendered
its
[9]
decision denying the petition, finding no grave abuse of
discretion on the part of the RTC. The decisions dispositive
portion then reads:
SO ORDERED.[10]
denied
by
the
The Issue
(a)
That the applicant is entitled to the relief demanded,
and the whole or part of such relief consists in restraining the
commission or continuance of the act or acts complained of, or in
requiring the performance of an act or acts, either for a limited period
or perpetually;
(b)
That the commission, continuance or non-performance
of the act or acts complained of during the litigation would probably
work injustice to the applicant; or
(c)
That a party, court, agency or a person is doing,
threatening, or is attempting to do, or is procuring or sufering to be
done, some act or acts probably in violation of the rights of the
applicant respecting the subject of the action or proceeding, and
tending to render the judgment inefectual.
(1)
No
temporary
restraining
order
or
writ
of
preliminary injunction against the extrajudicial foreclosure of real
estate mortgage shall be issued on the allegation that the loan secured
(2)
No
temporary
restraining
order
or
writ
of
preliminary injunction against the extrajudicial foreclosure of real
estate mortgage shall be issued on the allegation that the interest on
the loan is unconscionable, unless the debtor pays the MORTGAGEE
at least twelve percent per annum interest on the principal obligation
as stated in the application for foreclosure sale, which shall be updated
monthly while the case is pending.
SO ORDERED.
BIENVENIDO L. REYES
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
ARTURO D. BRION
Associate Justice
Associate Justice
ATTESTATION
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
CERTIFICATION
RENATO C. CORONA
Chief Justice
[1]
Penned by Associate Justice Isaias P. Dicdican, with Associate Justices Agustin S. Dizon and Francisco P.
Acosta, concurring; rollo, pp. 267-274.
[2]
Id. at 287-288.
[3]
Also known as Thomas C. Ngo, Jr. in other documents.
[4]
Rollo, pp. 77-87.
[5]
Id. at 81.
[6]
Id. at 235-239.
[7]
Id. at 237.
[8]
Id. at 254-256.
[9]
Supra note 1.
[10]
Id. at 273.
[11]
326 Phil. 309 (1996).
[12]
Supra note 1, at 272.
[13]
Supra note 2.
[14]
Los Baos Rural Bank, Inc. v. Africa, 433 Phil. 930, 935 (2002); See also Power Sites and Signs, Inc. v.
United Neon, G.R. No. 163406, November 24, 2009, 605 SCRA 196.
[15]
Equitable PCI Bank, Inc. v. OJ-Mark Trading, Inc., G.R. No. 165950, August 11, 2010, 628 SCRA 79, 91.
(Citations omitted)
[16]
333 Phil. 158 (1996).
[17]
Id. at 173-174.
[18]
Supra note 11.
[19]
Philippine Virginia Tobacco Administration v. Judge Delos Angeles, 247 Phil. 506, 518-519 (1988).
(Citations omitted)
[20]
G.G. Sportswear Manufacturing Corporation v. Banco de Oro Unibank, Inc., G.R. No. 184434, February
8, 2010, 612 SCRA 47, 53. (Citation omitted)
[21]
G.R. No. 165950, August 11, 2010, 628 SCRA 79.
[22]
Id. at 94-95, citing Selegna Management and Development Corporation v. United Coconut Planters Bank,
G.R. No. 165662, May 3, 2006, 489 SCRA 125, 146.
[23]
G.R. No. 64220, March 31, 1992, 207 SCRA 622.
[24]
Id. at 629-630.