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Insular Savings Bank vs. Far East Bank And Trust Company, G.R. No.

141818, June 22, 2006



Facts: Respondent filed a complaint against Home Bankers Trust and Company

(HBTC) with
the Philippine Clearing House Corporations (PCHC) Arbitration Committee, seeking recovery
from the petitioner, the sum of P25,200,000.00 representing the total amount of the three checks
drawn and debited against its clearing account.

Before the termination of the arbitration proceedings, respondent filed another complaint
but this time with the Regional Trial Court (RTC) for Sum of Money and Damages with
Preliminary Attachment. The RTC suspended the proceedings pending the decision of the
Arbitration Committee.

The PCHC Arbitration Committee rendered its decision in favor of respondent.
Petitioner motion for reconsideration was denied. It then filed a petition for review in the earlier
case filed by respondent in the RTC. The RTC dismissed the petition for review, for lack of
jurisdiction.

Issue: Whether or not the petitioner availed the proper remedy contesting the decision rendered
by the Arbitration Committee.

Ruling: Negative.

Petitioner had several judicial remedies available at its disposal after the Arbitration Committee
denied its Motion for Reconsideration. It may petition the proper RTC to issue an order vacating
the award on the grounds provided for under Section 24 of the Arbitration Law. Petitioner
likewise has the option to file a petition for review under Rule 43 of the Rules of Court with the
Court of Appeals on questions of fact, of law, or mixed questions of fact and law. Lastly,
petitioner may file a petition for certiorari under Rule 65 of the Rules of Court on the ground that
the Arbitrator Committee acted without or in excess of its jurisdiction or with grave abuse of
discretion amounting to lack or excess of jurisdiction. Since this case involves acts or omissions
of a quasi-judicial agency, the petition should be filed in and cognizable only by the Court of
Appeals.

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