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Benguet Management Corporation Vs. CA, et al

BENGUET MANAGEMENT CORPORATION, PETITIONER, VS. COURT OF APPEALS, KEPPEL BANK PHILIPPINES, INC., AS TRUSTEE FOR METROPOLITAN BANK AND TRUST COMPANY, UNITED COCONUT PLANTERS BANK, RIZAL COMMERCIAL BANKING CORPORATION, FAR EAST BANK AND TRUST COMPANY AND BANK OF THE PHILIPPINE ISLANDS UNDER THE MORTGAGE TRUST INDENTURE, AND THE REGISTER OF DEEDS OF CALAMBA, RESPONDENTS.

G.R. No. 153571 | 2003-09-18

D E C I S I O N

YNARES-SANTIAGO, J.:

Assailed in this petition for certiorari under Rule 65 of the Revised Rules of Court is the Resolution of the Court of Appeals in CA-G.R. SP No. 69503 dated April 5, 2002,[1] which denied petitioner's application for the issuance of a temporary restraining order, as well as its May 28, 2002[2] Resolution denying the motion for reconsideration.

The antecedent facts reveal that on November 29, 1994, petitioner Benguet Management Corporation (BMC) and Keppel Bank Philippines, Inc. (KBPI),[3] acting as trustee of the other respondent banks, entered into a Loan Agreement and Mortgage Trust Indenture (MTI)...