FIRST DIVISION

[G.R. No. 196171. January 15, 2014.]

RCBC CAPITAL CORPORATION , petitioner, vs . BANCO DE ORO

UNIBANK, INC. (now BDO UNIBANK, INC.) respondent.

[G.R. No. 199238. January 15, 2014.]

BANCO DE ORO UNIBANK, INC. , petitioner, v s . COURT OF APPEALS

and RCBC CAPITAL CORPORATION , respondents.

[G.R. No. 200213. January 15, 2014.]

BANCO DE ORO UNIBANK, INC. , petitioner, v s . RCBC CAPITAL

CORPORATION and THE ARBITRAL TRIBUNAL IN ICC ARBITRATION
REF. NO. 13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL
KAPLAN AND SANTIAGO KAPUNAN, in their o cial capacity as
Members of THE ARBITRATION TRIBUNAL , respondents.

RESOLUTION

VILLARAMA, JR. , J : p

Before the Court are: (1) the Joint Motion and Manifestation dated October 1, 2013
led 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 led 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 latter's 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 con rmed the Second Partial
Award issued by the Arbitration Tribunal ordering BDO to pay RCBC Capital proportionate
share in the advance costs and dismissing BDO's counterclaims. THSaEC

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 BDO's application for the
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 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 Capital's urgent motion, the RTC issued on August 22, 2011 a writ of execution for
the implementation of the court's order con rming the Final Award rendered by the
Arbitration Tribunal on June 16, 2010.
On the other hand, G.R. No. 200213, led on February 6, 2012, is a petition for review
under Rule 45 praying for the reversal of the CA's Decision dated February 24, 2011 and
Resolution dated January 13, 2012 in CA-G.R. SP No. 113402. The CA denied BDO's
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 BDO's motion for access of the
computerized accounting system of Bankard, Inc. after Chairman Richard Ian Barker had
denied BDO's 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 TCaADS

Both RCBC Capital and BDO led motions for partial reconsideration of the above
decision.
Meanwhile, in G.R. No. 200213, RCBC Capital led its Comment, to which a Reply
was led by BDO. By Resolution dated July 22, 2013, both parties were directed to submit
their respective memoranda within 30 days from notice.
In their Joint Motion and Manifestation led 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 bene t 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 nal 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

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 WHEREFORE, RCBC CAPITAL CORPORATION, BDO 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 — HCTaAS

3. After negotiations, the Parties have mutually agreed that it is in their best
interest and general bene t 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. HITEaS

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 .
SO ORDERED .
Sereno, C.J., Leonardo-de Castro, Bersamin and Reyes, JJ., concur.

Footnotes

1. RCBC Capital Corporation v. Banco de Oro Unibank, Inc., 687 SCRA 583, 629-630.
2. Rollo (G.R. No. 196171), pp. 3403-3404.

3. Rollo (G.R. No. 200213), p. 3581.

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