This case has been cited 1 times or more.
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2009-05-08 |
BRION, J. |
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| In its petition before the Court,[15] Olympic assails the CA Decision[16] dated February 28, 2007 in CA-G.R. SP No. 97259, in which the appellate court affirmed the October 4,[17] and 5[18] 2006 Orders of the RTC of Puerto Princesa, Palawan in Civil Case No. 4199. The CA declared that the trial court properly exercised jurisdiction over Platinum's complaint in Civil Case No. 4199 because the main issue raised therein was whether Platinum had a claim and/or right over the subject mining areas, pursuant to the Operating Agreement, and the resolution of this issue did not require the technical expertise of the POA. Moreover, the CA declared that venue was properly laid in the RTC of Puerto Princesa (where the disputed mining areas are located) because it was an action affecting an interest in real property that was commenced and tried in a court that has jurisdiction over the area of the real property. Lastly, the CA found that the lower court had not abused its discretion when it issued the writ of preliminary injunction prayed for by Platinum. Olympic's motion for reconsideration of the CA's decision was denied in the May 30, 2007 Resolution of the CA for lack of merit. | |||||