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[1] Rollo, pp. 19-29. Penned by Justice Mariano M. Umali, with the concurrence of
Justices Quirino D. Abad Santos Jr. (Division chairman) and Romeo S. Callejo Sr.
[2] CA Decision, p. 11; rollo, p. 29.
[3] Written by Judge Guillermo L. Loja Sr.
[4] Rollo, pp. 70 and 116.
[5] Rollo, pp. 61-63.
[6] Petition, p. 1; rollo, p. 3.
[7] Entitled Tung Chin Hui v. Rufus Rodriguez and BID Board of Commissioners and
docketed as GR No. 137571.
[8] Entry of Judgment; rollo (GR No. 137571), p. 175.
[9] The case was deemed submitted for resolution on October 4, 2000, upon receipt by
this Court of petitioner's Memorandum signed by Atty. Marciano J. Cagatan. Filed earlier
was respondents' Memorandum, signed by Solicitor General Ricardo P. Galvez, Assistant
Solicitor General Magdangal M. de Leon and Solicitor Renan E. Ramos.
[10] Petitioner's Memorandum, pp. 4-5; rollo, pp. 117-118.
[11] It provides that "[n]o appeal may be taken from: (a) an order denying a motion for
new trial or reconsideration; x x x."
[12] Petitioner's Memorandum, pp. 5-7; rollo, pp. 118-120.
[13] Tung Chin Hui v. Rodriguez, GR No. 137571, September 21, 2000, per Panganiban,
J. Citations omitted.
[14] Ilusorio v. CA, GR No. 139808, May 12, 2000; citing Moran, Comments on the
Rules of Court, Vol. III, 1997 ed., p. 780.
[15] See Sombong v. CA, 252 SCRA 663, January 31, 1996; Ordonez v. Vinarao, 239
SCRA 114, December 8, 1994.
[16] Petitioner's Memorandum, pp. 8-9; rollo, pp. 121-122.
[17] Indeed, Section 13 of Rule 102 provides as follows "If it appears that the prisoner
is in custody under a warrant of commitment in pursuance of law, the return shall be
considered prima facie evidence of the cause of the restraint; x x x."
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