Insular Savings Bank Vs FEB

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Insular Savings Bank vs. FEB And Trust Company G.R. No. 141818, June 22, 2006 Facts: Respondent filed a complaint against Home Bankers Trust and Company (HBTC) with the Philippine Clearing House Corporation’s (PCHC) Arbitration Committee, seeking recovery from the petitioner, the sum of P25,200,000.00 representing the total amount of the three checks drawn and debited against its clearing account. Before the termination of the arbitration proceedings, respondent filed another complaint but this time with the Regional Trial Court (RTC) for Sum of Money and Damages with Preliminary Attachment. The RTC suspended the proceedings pending the decision of the Arbitration Committee. The PCHC Arbitration Committee rendered its decision in favor of respondent. Petitioner motion for reconsideration was denied. It then filed a petition for review in the earlier case filed by respondent in the RTC. The RTC dismissed the petition for review, for lack of jurisdiction. Issue: Whether or not the petitioner availed the proper remedy contesting the decision rendered by the Arbitration Committee. Ruling: Negative. Petitioner had several judicial remedies available at its disposal after the Arbitration Committee denied its Motion for Reconsideration. It may petition the proper RTC to issue an order vacating the award on the grounds provided for under Section 24 of the Arbitration Law. Petitioner likewise has the option to file a petition for review under Rule 43 of the Rules of Court with the Court of Appeals on questions of fact, of law, or mixed questions of fact and law. Lastly, petitioner may file a petition for certiorari under Rule 65 of the Rules of Court on the ground that the Arbitrator Committee acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. Since

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Transcript of Insular Savings Bank Vs FEB

Insular Savings Bank vs. FEB And Trust CompanyG.R. No. 141818, June 22, 2006Facts: Respondent filed a complaint against Home Bankers Trust and Company (HBTC) with the Philippine Clearing House Corporations (PCHC) Arbitration Committee, seeking recovery from the petitioner, the sum of P25,200,000.00 representing the total amount of the three checks drawn and debited against its clearing account. Before the termination of the arbitration proceedings, respondent filed another complaint but this time with the Regional Trial Court (RTC) for Sum of Money and Damages with Preliminary Attachment. The RTC suspended the proceedings pending the decision of the Arbitration Committee.

The PCHC Arbitration Committee rendered its decision in favor of respondent. Petitioner motion for reconsideration was denied. It then filed a petition for review in the earlier case filed by respondent in the RTC. The RTC dismissed the petition for review, for lack of jurisdiction.

Issue: Whether or not the petitioner availed the proper remedy contesting the decision rendered by the Arbitration Committee.

Ruling: Negative. Petitioner had several judicial remedies available at its disposal after the Arbitration Committee denied its Motion for Reconsideration. It may petition the proper RTC to issue an order vacating the award on the grounds provided for under Section 24 of the Arbitration Law. Petitioner likewise has the option to file a petition for review under Rule 43 of the Rules of Court with the Court of Appeals on questions of fact, of law, or mixed questions of fact and law. Lastly, petitioner may file a petition for certiorari under Rule 65 of the Rules of Court on the ground that the Arbitrator Committee acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction. Since this case involves acts or omissions of a quasi-judicial agency, the petition should be filed in and cognizable only by the Court of Appeals.