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Moreover, there is absolutely nothing in the Resolution dated November 17, 2008 which will lead, even a non-law student, to conclude that the Supreme Court nullified Republic Act No.
They questioned the decision of Regional Trial Court Judge Elmo Alameda directly to the Supreme Court instead of availing themselves of the remedy of ordinary appeal in consonance with the rules and prevailing jurisprudence. 1634 may not be applied to a sale or transfer under the SPV Law especially considering the express mandate of the law for the application of the Civil Code provisions on subrogation and assignment of credit.
Consequently, the respondent Judge did not gravely abuse his discretion in rendering the partial summary judgment declaring the private respondent entitled to buy back the litigated credit or loan indebtedness in case the petitioner creditor sells it to an SPV under the provisions of R.A.


Ergo, it is surely simple sour-graping on the part of the petitioner to blame the Supreme Court for the procedural lapse of its counsels. If he finds this distasteful and unbelievable, please ask for a copy of the Non-Performing Loan Sale and Purchase Agreement that was entered into by the Bank of Commerce and Philippine Investment One (SPV-AMC), Inc.
Mallonga, find it disturbing if the Courts (and the law for that matter) allow the debtor to redeem himself for the same amount? Is it now fashionable to trample upon and take advantage of Filipino businessmen who are also victims themselves?


A similar ruling was rendered by Makati City RTC Judge Oscar Pimentel in favour of Liberty Broadcasting Network, Inc. Rene Martel with whom he seems to have telepathic empathy considering that both Atty.



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