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.
