CA dismisses Borlongan’s appeal for reconsideration

The Court of Appeals (CA) denied yesterday banker Teodoro Borlongan’s appeal for reconsideration on one of his numerous cases against the Bangko Sentral ng Pilipinas (BSP).

Borlongan, former president of the defunct Urban Bank of the Philippines (UBP), earlier asked the CA to set aside its decision for being inconsistent with the decision of the 5th Division where his other cases were pending.

The 17th Division earlier handed down a decision in favor of the BSP.

The 17th division said the UBP cases should have been consolidated before the 17th Division since Borlongan’s cases there have lower docket numbers, according to the rules of court.

"Without the consolidation, there is no rule of law or jurisprudence that prevents us from deciding the case according to our own independent judgment, any more than the 5th Division can be prevented from ruling according to their own independent judgment," the 17th Division said in its ruling.

According to the CA, Borlongan filed a motion to consolidate his cases but "for reasons only known to him, he withdrew the motion for consolidation."

"Under these circumstances, without a consolidation, both divisions will have to decide their own cases and only resulting in conflict in the decision on similar issues will have to be resolved ultimately by the Supreme Court," the court said.

The ruling was penned by CA Associate Justice Mario L. Guarina III with the concurrence of Associate Justices Martin Villarama Jr and Jose C. Reyes Jr.