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[2/2] Marcopper vs SC

[2/2] MARCOPPER MINING CORPORATION, petitioner, vs. SOLIDBANK CORPORATION, THE SHERIFF OF MANILA and DEPUTY SHERIFF CARLOS BAJAR, respondents.

G.R. No. 134049 | 2004-06-17

We do not agree with the trial court and the appellate court.

The issue of whether the petitioner raised genuine issues in its answer to the complaint is the subject of the appeal of the petitioner via a writ of error to the appellate court. In Philippine Bank of Communications, Inc. vs. Court of Appeals,[48] we held that it is not for the trial court to determine the merits of its decision it rendered and use the same as basis for its order allowing execution of its decision pending appeal. The determination of the merits of the trial court is lodged in the appellate court. The trial court cannot preempt the decision of the appellate...