CA affirms RTC order on 'Peryahan ng Bayan'
Published Jan 29, 2019 05:19 pm
By Rey Panaligan
The Court of Appeals (CA) has allowed the operations of “Peryahan Ng Bayan” (PNB) of Globaltech Mobile Online Corporation based on the order issued by the Pasig City regional trial court (RTC) in 2016.
Court of Appeals (Credits: KJ Rosales | Manila Bulletin file photo)
In a decision written by Associate Justice Ramon A. Cruz, the CA dismissed the petition filed by the Philippine Charity Sweepstakes Office (PSCO) as it upheld the status quo ante order (SQAO) order of the RTC pending resolution, through arbitration, of the cancellation of Globaltech’s permit to operate.
The CA said that the trial court did not commit any error in allowing Globaltech to continue with its PNB operations with a directive that the PCSO should “continue sending a PCSO representative daily to the draw centers of Globaltech for the conduct of the Peryahan games.”
“We find no grave abuse of discretion in the issuance of the status quo ante order…. The RTC issued the status quo ante order in support of its directive referring the case to arbitration,” it said.
It pointed out that the SQAO was necessary “to preserve threatened or continuous irremediable injury to Globaltech before its claims can be thoroughly studied and adjudicated in the arbitration proceedings.”
It stressed that had the RTC failed to issue an SQAO, the arbitration proceedings would have been rendered moot and academic.
At the same time, the CA noted that Globaltech was able to show that “it has a present and unmistakable right to be protected; that PCSO violated its rights and that there is a special and paramount necessity for its issuance in order to prevent serious damage.”
Based on the SQAO issued by Judge Nicanor Manalo Jr., the RTC directed both Globaltech and PCSO to resolve their dispute through arbitration. In the meantime, the trial court allowed Globaltech to continue its PNB operations.
Case records showed that Globaltech manifested it has 501 point-of-sale terminals in the country and it could raise P100 billion in annual revenues.
Court of Appeals (Credits: KJ Rosales | Manila Bulletin file photo)
In a decision written by Associate Justice Ramon A. Cruz, the CA dismissed the petition filed by the Philippine Charity Sweepstakes Office (PSCO) as it upheld the status quo ante order (SQAO) order of the RTC pending resolution, through arbitration, of the cancellation of Globaltech’s permit to operate.
The CA said that the trial court did not commit any error in allowing Globaltech to continue with its PNB operations with a directive that the PCSO should “continue sending a PCSO representative daily to the draw centers of Globaltech for the conduct of the Peryahan games.”
“We find no grave abuse of discretion in the issuance of the status quo ante order…. The RTC issued the status quo ante order in support of its directive referring the case to arbitration,” it said.
It pointed out that the SQAO was necessary “to preserve threatened or continuous irremediable injury to Globaltech before its claims can be thoroughly studied and adjudicated in the arbitration proceedings.”
It stressed that had the RTC failed to issue an SQAO, the arbitration proceedings would have been rendered moot and academic.
At the same time, the CA noted that Globaltech was able to show that “it has a present and unmistakable right to be protected; that PCSO violated its rights and that there is a special and paramount necessity for its issuance in order to prevent serious damage.”
Based on the SQAO issued by Judge Nicanor Manalo Jr., the RTC directed both Globaltech and PCSO to resolve their dispute through arbitration. In the meantime, the trial court allowed Globaltech to continue its PNB operations.
Case records showed that Globaltech manifested it has 501 point-of-sale terminals in the country and it could raise P100 billion in annual revenues.