Professional Documents
Culture Documents
In view of the foregoing, Respondent’s (petitioner’s) On December 19, 2003, the CA rendered the assailed Decision
Motion to Suspend Proceedings is DENIED. granting the petition for certiorari, ruling that the CIAC had no
Accordingly, respondent is hereby given a non-extendible jurisdiction over the subject matter of the case because the
period of five (5) days from receipt thereof within which parties agreed that only disputes regarding differences in
to submit its Answer and nominees for the Arbitral interpretation of the contract documents shall be submitted for
Tribunal. In default thereof, claimant’s (private arbitration, while the allegations in the complaint make out a
respondent’s) Counter-Motion is deemed granted and case for collection of sum of money. Petitioner moved for
reconsideration of said ruling, but the same was denied in a
Resolution dated May 24, 2004.
Hence, this petition where it is alleged that: 80 SUPREME COURT REPORTS ANNOTATED
William Galangco Construction Corporation vs. Ray Burton
Developmet Corporation
I.
COVERED BY CLAUSE 17.1 OF ARTICLE XVII
INVOLVING CONTRACT INTERPRETATION.
THE COURT OF APPEALS ACTED WITH GRAVE ABUSE
OF DISCRETION IN FAILING TO DISMISS PRIVATE
xxxx
RESPONDENT RBDC'S PETITION IN CA-G.R. SP NO.
70959 OUTRIGHT IN VIEW OF RBDC'S FAILURE TO FILE
A MOTION FOR RECONSIDERATION OF THE CIAC’S
ORDER, AS WELL AS FOR RBDC’S FAILURE TO
III.
ATTACH TO THE PETITION THE RELEVANT
PLEADINGS IN CIAC CASE NO. 13-2002, IN VIOLATION
OF THE REQUIREMENT UNDER RULE 65, SECTIONS 1 THE COURT OF APPEALS ERRED GRAVELY IN FAILING
AND 2, PARAGRAPH 2 THEREOF, AND RULE 46, TO DISCERN THAT CLAUSE 17.2 OF ARTICLE XVII
SECTION 3, PARAGRAPH 2 THEREOF. CANNOT BE TREATED AS BEING “LIMITED TO
DISPUTES ARISING FROM INTERPRETATION OF THE
CONTRACT.”
xxxx
II.
FINALLY, THE COURT OF APPEALS COMMITTED Petitioner is correct that it was grave error for the CA to have
GRAVE ABUSE OF DISCRETION IN REFUSING TO PAY given due course to respondent's petition for certiorari despite
HEED TO THE DECLARATION IN EXECUTIVE ORDER its failure to attach copies of relevant pleadings in CIAC Case
NO. 1008 THAT THE POLICY OF THE STATE IS IN FAVOR No. 13-2002. In Tagle v. Equitable PCI Bank,5 the party filing
OF ARBITRATION OF CONSTRUCTION DISPUTES, the petition for certiorari before the CA failed to attach the
WHICH POLICY HAS BEEN REINFORCED FURTHER BY Motion to Stop Writ of Possession and the Order denying the
THE RECENT PASSAGE OF THE “ALTERNATIVE same. On the ground of non-compliance with the rules, the CA
DISPUTE RESOLUTION ACT OF 2004” (R.A. NO. 9285).4 dismissed said petition for certiorari. When the case was
elevated to this Court via a petition for certiorari, the same was
likewise dismissed. In said case, the Court emphasized the
importance of complying with the formal requirements for filing
The petition is meritorious. a petition for certiorari and held as follows:
The aforementioned issues boil down to (1) whether the CA “x x x Sec. 1, Rule 65, in relation to Sec. 3, Rule 46, of the
acted with grave abuse of discretion in failing to dismiss the Revised Rules of Court. Sec. 1 of Rule 65 reads:
petition for certiorari filed by herein respondent, in view of the
latter’s failure to file a motion for reconsideration of the assailed SECTION 1. Petition for certiorari.—When any
CIAC Order and for failure to attach to the petition the relevant tribunal, board or officer exercising judicial or quasi-
pleadings in CIAC Case No. 13-2002; and (2) whether the CA judicial functions has acted without or in excess of its or
gravely erred in not upholding the jurisdiction of the CIAC over his jurisdiction, or with grave abuse of discretion
the subject complaint. amounting to lack or excess of [its or his] jurisdiction, and
there is no appeal, or any plain, speedy, and adequate
_______________ remedy in the ordinary course of law, a person aggrieved
thereby may file a verified petition in the proper court,
4 Id., at pp. 34-36. alleging the facts with certainty and praying that judgment
be rendered annulling or modifying the proceedings of
81 such tribunal, board or officer, and granting such
incidental relief as law and justice may require.
VOL. 627, AUGUST 9, 2010 81
The petition shall be accompanied by a certified true copy
William Galangco Construction Corporation vs. Ray Burton
of the judgment, order or resolution subject thereof,
Developmet Corporation
copies of all pleadings and documents relevant and It shall be filed in seven (7) clearly legible copies together
pertinent thereto, and a sworn certification of non-forum with proof of service thereof on the respondent with the
shopping as provided in the third paragraph of Section 3, original copy intended for the court indicated as such by
Rule 46. (Emphasis supplied.) the petitioner and shall be accompanied by a clearly
legible duplicate original or certified true copy of the
And Sec. 3 of Rule 46 provides: judgment, order, resolution, or ruling subject thereof,
such material portions of the record as are referred to
SEC. 3. Contents and filing of petition; effect of non- therein, and other documents relevant or pertinent
compliance with requirements.—The petition shall thereto. The certification shall be accomplished by the
contain the proper clerk of court or by his duly-authorized
representative, or by the proper officer of the court,
_______________ tribunal, agency or office involved or by his duly
authorized representative. The other requisite number of
5 G.R. No. 172299, April 22, 2008, 552 SCRA 424. copies of the petition shall be accompanied by clearly
legible plain copies of all documents attached to the
82 original.