[G.R. No. 145817. November 13, 2002]
URBAN BANK, INC. vs. MAGDALENO
PEÑA
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated 13 NOV 2002.
G.R. No. 145817 (Urban Bank, Inc. vs. Magdaleno Peña.);
G.R. No. 145822 (Delfin
C. Gonzales, Jr., et al. vs. Magdaleno Peña.)
For consideration are the
following: (1) Motion for Clarification dated August 6, 2002 filed by
petitioner Urban Bank; (2) Motion for Clarification dated February 4, 2002
filed by movant Makati (Sports) Club, Inc. (“MSCI” for brevity); and, (3)
Respondent’s Motion to Inhibit dated February 18, 2002.
In its Motion for
Clarification, petitioner Urban Bank alleged that respondent Pena and the
Deputy Sheriff of the Regional Trial Court of Bago City conducted a sale at
public auction before the issuance by this Court of its Resolution dated
November 19, 2001 approving the supersedeas bond which consequently stayed the
execution pending appeal of the trial court’s decision in Civil Case No. 754.
Petitioner is of the view that the running of the one-year redemption period
and the consolidation of titles in the name of the buyers at the auction sale
were likewise suspended or stayed. Petitioner seeks clarification on this
matter considering that the properties which have been sold were allegedly
worth substantially more than the prices at which they have been sold.
Movant MSCI’s Motion seeks
a clarification on whether this Court’s Resolution dated November 19, 2001
staying the execution pending appeal of the judgment of the trial court allows
or prohibits MSCI from proceeding with the transfer of petitioner Urban Bank’s
MSCI club shares to the winning bidders in the execution sale held on October
11, 2001.
As regards the Motion to
Inhibit, respondent seeks the inhibition of Associate Justice Artemio
Panganiban from participating in this case alleging that Justice Panganiban,
Urban Bank Chairman-Founder Arsenio Bartolome III and Urban Bank President and
CEO Teodoro Borlongan are “close personal friends because they are all
Rotarians.”
WHEREFORE, the Court hereby RESOLVES
to clarify that, as a consequence of its approval of the supersedeas bond, the
running of the one-year period for petitioner Urban Bank to redeem the
properties sold at the public auctions held on October 4, 11 and 25, 2001, as
well as the consolidation of the titles in favor of the buyers, is SUSPENDED
OR STAYED. MSCI is also prohibited
from transferring petitioner Urban Bank’s MSCI club shares to the winning
bidders in the execution sale held on October 11, 2001.
Respondent’s Motion to
Inhibit is DENIED considering that Justice Panganiban is not a member of
this Division.
The Court further Resolves
to:
(a) GRANT the first and second
motions of petitioner Urban Bank for extension of time totalling twenty-five
(25) days from May 3, 2002 within which to file comment on respondent’s motion
for reconsideration in G.R. No. 145817 of the resolution of November 19, 2001
approving the compromise agreement; and
(b) NOTE: (1) the aforesaid comment/opposition to the said motion for
reconsideration; (2) the manifestation and motion to resolve of counsel for
Makati Sports Club by way of special appearance in this case; (3) the
manifestation and motion of Makati Sports Club, Inc. praying that this Court:
(aa) take note of the Motion to Cite in Contempt by Mr. Ramon Ereneta filed
with the Regional Trial Court, Bago City, Branch 62, as well as the
manifestation filed by MSCI in response thereto; and (bb) that it resolve the
motion for clarification to finally put at rest the issue of whether the stay
order issued by this Court prohibits MSCI from proceeding with the transfer of
petitioner Urban Bank’s shares to the winning bidders in the execution sale
held on October 11, 2001; and (4) the urgent motion to resolve of petitioner
Urban Bank, Inc.
Very truly yours,
Clerk of Court
(Sgd.)
ENRIQUETA ESGUERRA-VIDAL
Asst. Clerk of Court