Professional Documents
Culture Documents
ISSUES
WON
(P1,087,055,105).
11) Upon deeper reflection, we find that the movants claim has
FACTS
1)
2)
On August 14, 2000, David Lu, Rosa Go, Silvano Ludo and CL
litigation. They were the subject matter of the complaint, and the
Victor Lu Ym, John Lu Ym, Kelly Lu Ym, and Ludo & Luym
Development Corporation (LLDC) for Declaration of Nullity of
suffered from this sale of the shares of stock, the action they filed
can be characterized as one capable of pecuniary estimation. The
DECISION
3)
action.
The defendants moved to dismiss the complaint but were denied
4)
or regulation is in question;
(b) criminal cases in which the appealed decision imposes the
order of receivership.
On February 27, 2003, the CA granted the petition and ruled that
the proceedings on the receivership could not proceed without
the parties amending their pleadings. The Lu Ym father and
sons thus filed a petition for review with this Court.
On March 31, 2003, the plaintiffs therein filed a Motion to Admit
Complaint to Conform to the Interim Rules Governing
IntraCorporate Controversies, which was admitted by the trial
8)
court.
On January 23, 2004, the Lu Ym father and sons inquired from
the Clerk of Court as to the amount of docket fees paid by
David, et al. John Lu Ym further inquired from the Office of the
Court Administrator (OCA) on the correctness of the amount
paid by David, et al. The OCA informed John Lu Ym that a
query on the matter of docket fees should be addressed to the
9)
7)
The Internal Rules of the Supreme Court (IRSC) states that the
6)
YES
Court en banc;
(n) cases that the Court en banc deems of sufficient importance
LU V LU YM SR
(o) all matters involving policy decisions in the administrative
supplied)
The enumeration is an amalgamation of SC Circular No. 2-89
reconsideration
extraordinarily
is
prohibited
except
for
may appear.
The contention, however, misses an important point. The
executory decisions.
Since the present cases may involve a modification or reversal of
the
Special
Third
Division
may
be
considered
Constitution:
On proposed Section 3(4), Commissioner Natividad asked what
by
unconstitutional.
While it is true that the Court en banc exercises no appellate