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FIRST DIVISION
RCBC CAPITAL
CORPORATION,
Petitioner,
- versus -
BANCO DE ORO UNIBANK,
INC. (now BDO UNIBANK,. INC.),
Respondent.
:x- - - - - - - - - - - - - - - - - - - - - - - - :x
BANCO DE ORO UNIBANK,
INC.,
Petitioner,
- versus -
COURT OF APPEALS and RCBC
CAPITAL CORPORATION,
Respondents.
:x- - - - - - - - - - - - - - - - - - - - - - - - :x
BANCO DE ORO UNIBANK,
INC.,
Petitioner,
- versus -
RCBC CAPITAL
CORPORATION and THE
ARBITRAL TRIBUNAL IN ICC
ARBITRATION REF. NO.
13290/MS/JEM AND/OR
RICHARD IAN BARKER, NEIL
G.R. No. 196171
G.R. No. 199238
G.R. No. 200213
Present:
SERENO, C.J.,
Chairperson,
LEONARDO-DE CASTRO,
BERSAMIN,
VILLARAMA, JR., and
REYES,JJ.
Promulgated:
JAN 15 2014
:T lb
Resolution 2 G.R. Nos. 196171, 199238
& 200213
KAPLAN AND SANTIAGO
KAPUNAN, in their official
capacity as Members of THE
ARBITRATION TRIBUNAL,
Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

RESOLUTION
VILLARAMA, JR., J.:
Before the Court are: (1) the Joint Motion and Manifestation dated
October 1, 2013 filed in G.R. Nos. 196171 & 199238 by RCBC Capital
Corporation (RCBC Capital), BDO Unibank, Inc. (BDO), and George
L. Go, in his personal capacity and as attorney-in-fact of the individual
stockholders as listed in the Share Purchase Agreement dated May 27, 2000
(Go/Shareholders), thru their respective counsels; and (2) the Joint Motion
and Manifestation dated October 1, 2013 filed in G.R. No. 200213 by BDO
and RCBC Capital thru their respective counsel.
All three petitions emanated from arbitration proceedings commenced
by RCBC Capital pursuant to the arbitration clause under its Share Purchase
Agreement (SPA) with EPCIB involving the latters shares in Bankard, Inc.
In the course of arbitration conducted by the Tribunal constituted and
administered by the International Chamber of Commerce-International
Commercial Arbitration (ICC-ICA), EPCIB was merged with BDO which
assumed all its liabilities and obligations.
G.R. No. 196171 is a petition for review under Rule 45 seeking to
reverse the Court of Appeals (CA) Decision dated December 23, 2010 in CA-
G.R. SP No. 113525 which reversed and set aside the June 24, 2009 Order of
the Regional Trial Court (RTC) of Makati City, Branch 148 in SP Proc. Case
No. M-6046. The RTC confirmed the Second Partial Award issued by the
Arbitration Tribunal ordering BDO to pay RCBC Capital proportionate share
in the advance costs and dismissing BDOs counterclaims.
G.R. No. 199238 is a petition for certiorari under Rule 65 assailing the
September 13, 2011 Resolution in CA-G.R. SP No. 120888 which denied
BDOs application for the issuance of a stay order and/or temporary
restraining order (TRO)/preliminary injunction against the RTC of Makati
City, Branch 148 in Sp. Proc. Case No. M-6046. Acting upon RCBC
Capitals urgent motion, the RTC issued on August 22, 2011 a writ of
execution for the implementation of the courts order confirming the Final
Award rendered by the Arbitration Tribunal on J une 16, 2010.
On the other hand, G.R. No. 200213, filed on February 6, 2012, is a
petition for review under Rule 45 praying for the reversal of the CAs
Decision dated February 24, 2011 and Resolution dated J anuary 13, 2012 in
Resolution 3 G.R. Nos. 196171, 199238
& 200213
CA-G.R. SP No. 113402. The CA denied BDOs petition for certiorari and
prohibition with application for issuance of a TRO and/or writ of preliminary
injunction against the RTC of Makati City, Branch 148 in Sp. Proc. Case No.
M-6046. By Order dated June 24, 2009, the RTC denied BDOs motion for
access of the computerized accounting system of Bankard, Inc. after
Chairman Richard Ian Barker had denied BDOs request that it be given
access to the said source of facts or data used in preparing the accounting
summaries submitted in evidence before the Arbitration Tribunal.
G.R. Nos. 196171 & 199238 were consolidated and a Decision was
rendered by this Court on December 10, 2012, the dispositive portion of
which states:
WHEREFORE, premises considered, the petition in G.R. No.
199238 is DENIED. The Resolution dated September 13, 2011 of the
Court of Appeals in CA-G.R. SP No. 120888 is AFFIRMED.
The petition in G.R. No. 196171 is DENIED. The Decision dated
December 23, 2010 of the Court of Appeals in CA-G.R. SP No. 113525 is
hereby AFFIRMED.
SO ORDERED.
1

Both RCBC Capital and BDO filed motions for partial reconsideration
of the above decision.
Meanwhile, in G.R. No. 200213, RCBC Capital filed its Comment, to
which a Reply was filed by BDO. By Resolution dated J uly 22, 2013, both
parties were directed to submit their respective memoranda within 30 days
from notice.
In their J oint Motion and Manifestation filed in G.R. Nos. 196171 &
199238, the parties submit and pray that
5. After negotiations, the Parties have mutually agreed that it is in
their best interest and general benefit to settle their differences with
respect to their respective causes of action, claims or counterclaims in the
RCBC Capital Petition and the BDO Petition, with a view to a renewal of
their business relations.
6. Thus, the parties have reached a complete, absolute and final
settlement of their claims, demands, counterclaims and causes of action
arising, directly or indirectly, from the facts and circumstances giving rise
to, surrounding or arising from both Petitions, and have agreed to jointly
terminate and dismiss the same in accordance with their agreement.
7. In view of the foregoing compromise between the Parties, BDO,
RCBC Capital and Go/Shareholders, with the assistance of their respective
counsels, have decided to jointly move for the termination and dismissal
of the above-captioned cases with prejudice.
PRAYER
WHEREFORE, RCBC CAPITAL CORPORATION, BDO
1
RCBC Capital Corporation v. Banco de Oro Unibank, Inc., 687 SCRA 583, 629-630.

Resolution 4 G.R. Nos. 196171, 199238.
& 200213
UNIBANK, INC. and GEORGE L. GO, IN HIS PERSONAL
CAPACITY AND AS ATTORNEY-IN-FACT OF THE INDIVIDUAL
STOCKHOLDERS AS LISTED IN THE SHARE PURCHASE
AGREEMENT DATED 27 MAY 2000 respectfully pray that this
Honorable Court order the termination and dismissal of the above-
captioned cases, with prejudice.
RCBC Capital BDO and Go/Shareholders respectfully pray for
such other relief as may be deemed just or equitable under the premises.
2
BDO and RCBC Capital likewise submit and pray in their Joint
Motion and Manifestation in G.R. No. 200213 that -
3. After negotiations, the Parties have mutually agreed that it is in
their best interest and general benefit to settle their differences with
respect to their respective causes of action, claims or counterclaims in the
above-captioned case, with a view to a renewal of their business relations.
4. Thus, the Parties have reached a complete, absolute and final
settlement of their claims, demands, counterclaims and causes of action
arising, directly or indirectly, from the facts and circumstances giving rise
to, surrounding or arising from the present Petition, and have agreed to
jointly terminate and dismiss the present Petition in accordance with their
agreement.
5. In view of the foregoing compromise between the Parties, BDO
and RCBC Capital, with the assistance of their respective counsels, have
decided to jointly move for the termination and dismissal of the above-
captioned case with prejudice.
PRAYER
WHEREFORE, BDO UNIBANK, INC. and RCBC CAPITAL
CORPORATION respectfully pray that this Honorable Court order the
termination and dismissal of the above-captioned case, with prejudice.
BDO and RCBC Capital respectfully pray for such other relief as
may be deemed just or equitable under the premises.
3
Under this Court's Resolution dated November 27, 2013, G.R. No.
200213 is ordered consolidated with G.R. Nos. 196171 & 199238.
IN VIEW OF THE FOREGOING and as prayed for, G.R. Nos.
196171, 199238 and 200213 are hereby ordered DISMISSED with
prejudice and are deemed CLOSED and TERMINATED.
2
SO ORDERED.
Rollo (G.R. No. 196171), pp. 3403-3404.
Rollo (G.R. No. 200213), p. 3581.
Resolution
WE CONCUR:
5 G.R. Nos. 196171, 199238
& 200213
MARIA LOURDES P.A. SERENO
Chief Justice
Chairperson

TERESITAJ. LEONARDO-DE CASTRO
Associate Justice
BIENVENIDO L. REYES
Associate Justice
CERTIFICATION
Pursuant to Section 13, Article VIII of the 1987 Constitution, I certify
that the conclusions in the above Resolution had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
MARIA LOURDES P.A. SERENO
Chief Justice