MMDA v Jancom; GR No. 147465; 10 Apr 2002

in Legal Chyme by

FACTS:
The Metropolitan Manila Development Authority filed a motion for reconsideration from the decision of the Third Division, Supreme Court, affirming the judgment of the lower courts declaring that there is a valid and perfected waste management contract between the Republic of the Philippines and Jancom Environment Corporation.

ISSUE(S):
Whether or not MMDA may petitino for certiorari to the Court en banc a decision promulgated by the Third Division, Supreme Court.

HELD:
NO. Circular No. 2-89 governing referral of cases to the Court en banc states that “[t]he Court en banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.” “A decision of a Division of the Court is a decision of the Supreme Court.”

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