FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 23 JAN 2002.

G.R. No. 141465 (Filipino Pipe and Foundry Corporation v. Total 2000 Corporation, represented by its President, Ingrid Lim.)

This petition for review seeks the reversal of the decision of the Court of Appeals dated April 30, 1999,[1] which reversed the decision of the Office of the President dated October 10, 1994.[2]

Upon application of petitioner, the Bureau of Product Standards (BPS) issued a cease-and-desist order against the importation and distribution in the country by respondent of US-made Tyler Brand no-hub cast iron soil pipes and fittings, otherwise called hubless pipes. Subsequently, the National Master Plumbers/Plumbing Engineers Association of the Philippines (NAMPAP) issued Resolution No. 7-93, recommending the approval of the use of hubless pipes in the country, pursuant to Section 179 of the National Plumbing Code. Thus, petitioner filed with the Board of Master Plumbers a formal protest seeking to set aside NAMPAP Resolution No. 7-93.

On December 21, 1993, the Board of Master Plumbers issued Board Resolution No. 5 approving the use of hubless pipes subject to the condition that the aforesaid pipes shall only be used above the ground and not below, considering that stainless steel coupling with neoprene rubber may react if used under the ground. This Resolution was approved by the Professional Regulations Commission. Consequently, on December 22, 1993, the BPS lifted the Cease-and-Desist Order.

On December 27, 1993, petitioner filed with the Office of the President, a letter-protest seeking to set-aside Board Resolution No. 5.[3] On October 10, 1994, the Office of the President rendered a decision declaring Board Resolution No. 5 of no force and effect.

Respondent filed a motion for reconsideration, which was denied on June 3, 1998.[4] Thus, respondent filed with the Court of Appeals a petition for review.[5]

On April 30, 1999, the Court of Appeals rendered judgment reversing the decision of the Office of the President and allowing the sale, distribution and use in the Philippines of hubless pipes, subject to the qualification imposed in the above-mentioned Board of Master Plumbers’ Board Resolution No. 05.

Petitioner moved for reconsideration, which the Court of Appeals denied in its Resolution dated January 11, 2000.

Hence, this petition for review.[6]

The main issue submitted for resolution is whether the use, importation and distribution in commercial market in the country of hubless pipes are allowed.

During the pendency of this petition, the Revised National Plumbing Code of the Philippines was enacted, amending and superseding the National Plumbing Code of the Philippines.[7] Section 1302 thereof expressly allows the use in the country of hubless cast iron soil pipes and fittings.[8] The Revised National Plumbing Code was published in the Official Gazette.[9] Thus, the law has attained force and effect.

In view of this development, this petition has been rendered moot and academic.

ACCORDINGLY, the petition is DENIED for being moot and academic. The decision of the Court of Appeals dated April 30, 1999 is AFFIRMED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

[1] Associate Justice Hilarion L. Aquino, ponente, Associate Justices Ramon U. Mabutas and Candido V. Rivera, concurring.

[2] In O.P. Case 5585, dated October 10, 1994.

[3] Docketed as O.P. Case No. 5585.

[4] lbid., Annex “J”.

[5] Filed on July 15, 1998. Docketed as CA-G.R. SP No. 48143.

[6] Filed on February 1, 2000, Rollo, pp. 3-43. On July 26, 2000, we gave due course to the petition (Rollo, pp. 422-A-422-B).

[7] lbid., Annex “6”.

[8] Ibid., Annex “5”.

[9] Petitioner’s Manifestation Ad Cautelam, p. 3.