PHILIPPINE NATIONAL BANK (FORMERLY ALLIED BANKING CORPORATION), PETITIONER, V. HON. BONIFACIO SANZ MACEDA, IN HIS CAPACITY AS THE PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BR…

Decisions / Signed Resolutions February 19, 2013 SIXTEENTH DIVISION CORALES, J.:


CORALES, J.:


On March 31, 2014, We issued a Resolution[1] granting petitioner Philippine National Bank’s (PNB) twin motions for extension of time to file Memorandum. However, on the same date, instead of filing a Memorandum, PNB filed a Manifestation with Motion to Withdraw Petition[2] arguing that in view of public respondent Judge Bonifacio Sanz Maceda’s (Judge Maceda) compulsory retirement on April 22, 2014, the instant petitions have become moot and academic. Thus, PNB prayed for the withdrawal of CA-G.R. SP Nos. 125716 and 129827.

A perusal of the records show that CA-G.R. SP No. 125716 assails the denial of PNB’s Urgent Motion for Inhibition and the motion for reconsideration. The motion for inhibition[3] prayed for the inhibition of Judge Maceda from proceeding to hear, try and decide in Civil Case No. 11-080. On the other hand, CA-G.R. SP No. 129827 seeks to annul the denial of PNB’s Motion to Suspend Proceedings[4] in the RTC in Civil Case No. 11-080 during the pendency of CA-G.R. SP No. 125716.

As correctly argued by PNB, the compulsory retirement of Judge Maceda rendered the issues raised in these consolidated petitions moot and academic.

WHEREFORE, finding the Manifestation with Motion to Withdraw Petition to be well-taken, the same is hereby GRANTED. Accordingly, the instant Petitions for Certiorari are considered WITHDRAWN and CA-G.R. SP Nos. 125716 and 129827 are deemed CLOSED and TERMINATED. SO ORDERED.

Villon (Chairperson) and Macalino, JJ., concur.


[1] Rollo (SP No. 125716), pages 335-336.

[2] Ibid., pages 337-340.

[3] Ibid., pages 65-68.

[4] See Order dated February 19, 2013, rollo (SP No. 129827), pages 30-31.