G.R. No. 152579
7 of 8
http://sc.judiciary.gov.ph/jurisprudence/2009/august2009/152579.htm
Appeals, dismissing the petition on the technical ground of lack of proof of the authority of
ASBT President Mildred R. Santos to bind the corporation in its appeal, is simply what it is, a
motion for reconsideration. Sameer cannot insist that it be treated as a new petition just to
make it fit the definition of forum shopping in an attempt to evade liability to pay the
amounts awarded to Santos, et al. Nor was Sameer correct when it asseverated that the
Seventh Division, that initially dismissed then reinstated ASBTs petition, and the Former
Fourth Division, that rendered the questioned Decision and Resolution in favor of ASBT, can
be considered as different fora within the ambit of the prohibition. They are mere divisions of
one and the same Court of Appeals. And as explained by the appellate court, what actually
happened was that after the Seventh Division issued its June 19, 2001 Resolution dismissing
the case for failure of ASBT to show that Mildred R. Santos was authorized to sign and bind
the corporation in the proceedings, ASBT complied and submitted the requisite proof of
authority. The Seventh Division then issued a Resolution on August 14, 2001 reinstating the
petition. After an internal reorganization, it was the Fourth Division which promulgated a
decision on December 10, 2001. ASBT never filed a second petition.
WHEREFORE, the petition is DENIED for lack of merit. The assailed December 10,
2001 Decision and the March 12, 2002 Resolution of the Court of Appeals are AFFIRMED.
Costs against petitioner.
SO ORDERED.
ANTONIO EDUARDO B. NACHURA
Associate Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson
MINITA V. CHICO-NAZARIO
Associate Justice
PRESBITERO J. VELASCO, JR.
Associate Justice
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