Case Digest: ABS-CBN Broadcasting Corporation vs. World Interactive Network Systems (WINS) Japan Cp., Ltd.

G.R. No. 169332

ABS-CBN Broadcasting Corporation vs. World Interactive Network Systems (WINS) Japan Cp., Ltd.

FACTS:

ABS-CBN filed a petition for review an arbitrator’s decision in the Court of Appeals. Respondent, on the other hand, filed a petition for confirmation in the RTC.

RULING:

It is the Regional Trial Court (formerly Court of First Instance) that has jurisdiction over questions relating to arbitration, including that of a petition to vacate an arbitral award provided the ground of its appeal fall under those which are enumerated under Section 24 of RA876. In cases other than that, a petition for review under Rule 43(questions of fact, of law, or mixed questions of fact and law) or a petition for certiorari under Rule 65 (should the arbitrator have acted without or in excess of his jurisdiction or with grave abuse of discretion amounting to lack or excess of  jurisdiction) may be availed of in the Court of Appeals.

The Court, however, ruled that the petitioner cannot avail of the remedies alternatively or simultaneously. Otherwise, the petition should be dismissed outright.

The Court added that although petitioner’s position on the judicial remedies available was correct, the latter’s attempt to avail of two remedies---that under Rule 43 and Rule 65--- is impermissible. It is not the duty of the Court to identify which rule the petition should fall.

The Court dismissed the petition.

Categories: case digest, G.R. No. 169332 ABS-CBN Broadcasting Corporation vs. World Interactive Network Systems (WINS) Japan Cp., Ltd., Remedial Law, SPECIAL CRIMINAL LAW