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Philippine - Numismatic - and - Antiquarian - Society v. Genesis Aquino
Philippine - Numismatic - and - Antiquarian - Society v. Genesis Aquino
DECISION
PERALTA, J : p
Petitioner then filed a Petition for Review 15 dated May 12, 2010 with
the CA under Rule 43 of the Rules of Court, in relation to A.M. No. 04-09-07
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dated September 14, 2004. In a Decision dated September 6, 2012, the CA
dismissed the petition.
Petitioner filed a motion for reconsideration, 16 but the same was
denied by the CA on March 19, 2013.
Hence, this petition, raising the following issues:
I
THE COURT OF APPEALS COMMITTED A GRAVE ERROR WHEN IT
UPHELD THE DISMISSAL OF THE INTRA-CORPORATE CASE FOR
PURPORTEDLY BEING A NUISANCE SUIT;
II
THE COURT OF APPEALS COMMITTED A GRAVE ERROR WHEN IT
REFUSED TO CONSIDER, CONTRARY TO ESTABLISHED
JURISPRUDENCE, A BOARD RESOLUTION/SECRETARY'S CERTIFICATE
AS PROOF OF AUTHORITY TO FILE INITIATORY PLEADINGS FOR AND
ON A COMPANY'S BEHALF;
III
THE COURT OF APPEALS DEPARTED FROM THE USUAL COURSE OF
PROCEDURE WHEN IT DISMISSED THE CASE ON PROCEDURAL
GROUNDS RATHER THAN ON THE MERITS AND THUS PRECLUDING
PETITIONER FROM A JUST AND PROPER DETERMINATION OF ITS CASE.
17
* Designated Additional Member per Special Order No. 2416, Dated January 4,
2017.
7. Id. at 207-216.
8. Id. at 217-218.
9. Id. at 205.
10. Id. at 204.
11. Id. at 205.
36. Those who voted were respondents Tomas Z. Guzman, Catalino M. Silangil,
Eduardo M. Chua, Genesis Aquino, Angelo Bernardo, Jr. (Auditor) and
Fernando Gaite.
37. Id. at 361.
38. Allegedly as a result of the election, respondents Angelo Bernardo, Jr., Eduardo
M. Chua, Fernando M. Gaite, Jr., Tomas De Guzman, Jr., Catalino M. Silangil
filed a derivative suit docketed as Q-08-189 at Branch 93, RTC, Quezon City
but was dismissed due to wrong venue; id. at 317-318.
39. On October 28, 2009, the case was dismissed for failure of the court to acquire
jurisdiction over the persons of the defendants, id. at 285 and 364.
40. Id. at 52-74.
41. Id. at 60.
42. Sy Tiong Shiou, et al. v. Sy Chim, et al., supra note 20.
43. Rollo , pp. 217-218.
44. Stronghold Insurance Company, Inc. v. Tomas Cuenca, et al., supra note 18.
45. Gerve Magallanes v. Palmer Asia, Inc., supra note 19.
46. Stronghold Insurance Company, Inc. v. Tomas Cuenca, et al., supra note 18, at
455.
47. Bank of the Philippine Islands v. Court of Appeals, et al., 646 Phil. 617, 627
(2010).