Professional Documents
Culture Documents
NSM, 2-D
RELEVANT FACTS
Arsenio Ng filed criminal complaint for estafa against Delizo with Office of City Prosecutor of
Mandaluyong City.
October 10, 1997: First Asst City Prosec signed an Information charging Delizo with estafa, for
misapplying and converting the amount of 12M for his own personal use and benefit, as President and
chariman of Mediserv Inc.
(Sec and Exchange Com) SEC CASE 1: October 23, 1997: Prior to the filing of the info, however,
Ambulatory Health Care Institute Inc. (AHCII) or Clinica Manila (CM) and the Health Check Inc (HCI) filed
a complaint with the SEC against Delizo and a certain John Doe for damages wherein Delizo and the
companion arrived in CM Office at SM Megamall, and announced that he was still the president, and
rallied the officers and employees against the newly elected board of directors.
o Despite guards asking Delizo to leave, they refused.
o Delizo then wrote the China Banking Corp, depository of CM, requesting it not to honor any
change in the authorized signatories for CM, and appended a falsified General Information
Sheet (GIS) to show that he was still a member of the board of directors and president of CM.
SEC CASE 2: AHCII, Mediserv, Inc., and Delizo, filed a complaint with SEC against Ng, Salvador etc.,
alleging that:
They had been stockholders of AHCII since Aug 1995
Had majority of the outstanding capital stock (52,37% and 6.08%)
Delizo was the incumbent chairman of the BoD and president of AHCII
No quorum during stockholders meeting, said meeting where a new set of board of
directors and officers were, elected was in violation of the by-laws of AHCII and illegal.
CIVIL CASE: Mediserv, represented by Delizo, filed a civil case complaint with RTC against China Banking
Corp, Landheights Dev Corp, Notary Public Ignacio and Register of Deeds for City of Manila, where it was
alleged that MI received a loan from the bank. They prayed for TRO to enjoin the selling of their
property in a public action.
CRIM CASE: Dec. 3, 1997: The info for estafa was filed with RTC of Mandaluyong, where the TC ordered
issuance of a writ of preliminary attachment on a bond.
o Dec. 23, 1998: Respondent filed a motion for reconsideration of the order with a prayer for the
suspension of the proceedings on the ground of the existence of a prejudicial question
o January 13, 1998: TC issued order denying motion to suspend proceedings because Ng was not a
stockholder of MI, hence, pendency of the 2 SEC cases was not a ground for the suspension of
the case.
CA: set aside the writ of attachment set aside, R Judge of RTC directed to suspend proceedings of the
crim Case, considering the existence of a prejudicial question in SEC Case and Civil Case.
Issue Ratio
University of the Philippines College of Law
NSM, 2-D
W/N there exists a prejudicial NO, transaction subject of civil case is the loan, while the criminal case is the
question 12M.
RULING
WHEREFORE, the petition is GRANTED. The assailed Decision of the Court of Appeals is SET ASIDE. The Orders of
the Regional Trial Court of Mandaluyong City dated December 18, 1998 and February 1, 1999 are REINSTATED.
No costs.
SEPARATE OPINIONS
NOTES