BSP v. Banco Filipino Savings and Mortgage Bank

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CASE: BSP v.

Banco Filipino Savings and Mortgage Bank


FACTS
● Banco Filipino filed three separate civil actions against the defendants, seeking to annul the
resolutions and orders that led to the closure and liquidation of the bank. The cases were
consolidated and Banco Filipino filed an amended/supplemental complaint, claiming actual
damages of at least P18.8 billion.
● RTC granted Banco Filipino's motion to admit the amended/supplemental complaint.
● Banco Filipino later sought to include the Bangko Sentral ng Pilipinas and its Monetary Board
as additional defendants. The RTC granted this motion
● The Bangko Sentral ng Pilipinas and its Monetary Board filed a motion to dismiss the
amended/supplemental complaint, arguing that the claims had been prescribed and that there
was a lack of jurisdiction over their persons.
● The RTC dismissed Banco Filipino's amended/supplemental complaint with prejudice as to
the Bangko Sentral ng Pilipinas and its Monetary Board.
● Banco Filipino filed a notice of appeal, which was dismissed by RTC. Banco Filipino
then filed a petition for certiorari to CA, which ruled in favor of Banco Filipino and
reversed the RTC's orders.
● The CA held that the RTC's dismissal of Banco Filipino's notice of appeal was a final order
and therefore appealable.
● The Bangko Sentral ng Pilipinas and its Monetary Board filed a petition for review with the
Supreme Court, arguing that the CA erred in its decision.
ISSUES
- WON no appeal may be taken from the dismissal of the second amended supplemental
complaint, considering that the civil cases remain pending before the trial court against several
other defendants?
RULING
The petition is meritorious. The CA erred in ascribing grave abuse of discretion on the part of the RTC
when it disapproved Banco Filipino's Notice of Appeal. The filing of a Notice of Appeal was clearly an
improper remedy to question the dismissal of an action against one of the parties while the main case
is still pending

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