G.R. No. 224341 - PHILIPPINE ELECTRICITY MARKET CORPORATION, VS. THERMA MOBILE, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, Petitioner TMO most respectfully prays that this Honorable Court: 1. Upon the filing of this Urgent Petition, issue ex-parte a [20]-day Temporary Order of Protection pursuant to Rule 5.9 of the Special ADR Rules preventing Respondent PEMC through the PEM Board, and/or any other person representing the Respondent or acting under their direction, from (a) demanding or collecting from Petitioner TMO the amount of [PHP] 234.9 [m]illion in financial penalty until the Dispute between Petitioner and Respondent is finally resolved, (b) charging interest on the financial penalty of [PHP] 234.9 [m]illion and having the same accrue, until the Dispute between Petitioner and Respondent is finally resolved, and (c) transmitting PEMC-ECOs' Investigation Report to the ERC; 2. Upon hearing, issue a Writ of Preliminary Injunction preventing Respondent PEMC, through the PEM Board, and/or any other person representing the Respondent or acting under their direction, from (a) demanding or collecting from Petitioner TMO the amount of [PHP] 234.9 [m]illion in financial penalty, (b) charging interest on the financial penalty of [PHP] 234.9 [m]illion and having the same accrue, and (c) transmitting PEMC-ECOs' Investigation Report to the ERC, until the Dispute between Petitioner and Respondent is finally resolved; and 3. Upon hearing, issue a Writ of Preliminary Injunction preventing PEMC, through the PEM Board, and/or any other person representing the Respondent or acting under their direction, from demanding or collecting from Petitioner TMO the amount of [PHP] 234.9 [m]illion in financial penalty or from imposing any penalties, sanctions or any other act which would essentially force or compel Petitioner TMO to pay the said amount until the Dispute between Petitioner and Respondent is finally resolved. 4. All other reliefs just and equitable under the premises are likewise prayed for. [34] Ruling of the RTC On February 24, 2015, the RTC issued an Order granting an immediately executory ex parte 20-day temporary order of protection in favor of TMO and requiring TMO to post a bond in the amount of PHP 234.9 million, pursuant to Rule 5.7 [35] in relation to the third paragraph of Rule 5.9 [36] of the Special Alternative Dispute Resolution Rules ( ADR Rules ). Further, the RTC ordered subsequent hearings regarding TMO's prayer for the issuance of a writ of preliminary injunction. [37] On April 1, 2015, the RTC issued a Decision [38] preventing PEMC from demanding or collecting the financial penalties imposed on TMO, among others. The RTC likewise made a prima facie determination that an arbitration agreement exists between TMO and PEMC following Rules 2.4, [39] 3.8, [40] and 3.11 [41] of the ADR Rules: [42] WHEREFORE , after evaluating the Urgent Petition of TMO and the relevant provisions of the Special ADR Rules, the WESM Rules and DRM, and considering the factual circumstances, legal considerations and supporting jurisprudence to justify t