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FIRST DIVISION

G.R. No. 129918 July 9, 1998


PHILIPPINE NATIONAL BANK, Petitioner, v. HON. MARCELINO L.
SAYO, JR., in his capacity as Presiding Judge of the Regional Trial
Court of Manila (Branch 45), NOAH'S ARK SUGAR REFINERY,
ALBERTO T. LOOYUKO, JIMMY T. GO and WILSON T. GO, Respondents.

DAVIDE, JR., J.:


In this special civil action for certiorari, actually the third dispute between
the same private parties to have reached this Court, 1 petitioner asks us to
annul the orders 2 of 15 April 1997 and 14 July 1997 issued in Civil Case No.
90-53023 by the Regional Trial Court, Manila, Branch 45. The first order 3
granted private respondents' motion for execution to satisfy their
warehouseman's lien against petitioner, while the second order 4 denied,
with finality, petitioner's motion for reconsideration of the first order and
urgent motion to lift garnishment, and private respondents' motion for
partial reconsideration.
The factual antecedents until the commencement of G.R. No. 119231 were
summarized in our decision therein, as follows:
In accordance with Act No. 2137, the Warehouse Receipts Law, Noah's Ark
Sugar Refinery issued on several dates, the following Warehouse Receipts
(Quedans): (a) March 1, 1989, Receipt No. 18062, covering sugar deposited
by Rosa Sy; (b) March 7, 1989, Receipt No. 18080, covering sugar
deposited by RNS Merchandising (Rosa Ng Sy); (c) March 21, 1989, Receipt
No. 18081, covering sugar deposited by St. Therese Merchandising; (d)
March 31, 1989, Receipt No. 18086, covering sugar deposited by St.
Therese Merchandising; and (e) April 1, 1989, Receipt No. 18087, covering
sugar deposited by RNS Merchandising. The receipts are substantially in the
form, and contains the terms, prescribed for negotiable warehouse receipts
by Section 2 of the law.
Subsequently, Warehouse Receipts Nos. 18080 and 18081 were negotiated
and endorsed to Luis T. Ramos, and Receipts Nos. 18086, 18087 and 18062
were negotiated and endorsed to Cresencia K. Zoleta. Ramos and Zoleta
then used the quedans as security for two loan agreements - one for P15.6
million and the other for P23.5 million - obtained by them from the
Philippine National Bank. The aforementioned quedans were endorsed by
them to the Philippine National Bank.
Luis T. Ramos and Cresencia K. Zoleta failed to pay their loans upon
maturity on January 9, 1990. Consequently, on March 16, 1990, the
Philippine National Bank wrote to Noah's Ark Sugar Refinery demanding
delivery of the sugar stocks covered by the quedans endorsed to it by
Zoleta and Ramos. Noah's Ark Sugar Refinery refused to comply with the
demand alleging ownership thereof, for which reason the Philippine National
Bank filed with the Regional Trial Court of Manila a verified complaint for

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