Republic of the Philippines

SUPREME COURT

Manila

FIRST DIVISION

G.R. No. 196171 January 15, 2014

RCBC CAPITAL CORPORATION, Petitioner,

vs.

BANCO DE ORO UNIBANK, INC. (now BDO UNIBANK, INC.), Respondent.

x-----------------------x

G.R. No. 199238

BANCO DE ORO UNIBANK, INC., Petitioner,

vs.

COURT OF APPEALS and RCBC CAPITAL CORPORATION, Respondents.

x-----------------------x

G.R. No. 200213

BANCO DE ORO UNIBANK, INC., Petitioner,

vs.
RCBC CAPITAL CORPORATION and THE ARBITRAL TRIBUNAL IN ICC ARBITRATION REF. NO.
13290/MS/JEM AND/OR RICHARD IAN BARKER, NEIL KAPLAN AND SANTIAGO KAPUNAN, in their official
capacity as Members of THE ARBITRATION TRIBUNAL, Respondents.

RESOLUTION

VILLARAMA, JR., J.:

Before the Court are: (1) the Joint Motion and Manifestation dated October 1, 2013 filed in G.R. Nos.
196171 & 199238 by RCBC Capital Corporation ("RCBC Capital"), BDO Unibank, Inc. ("BDO"), and George
L. Go, in his personal capacity and as attorney-in-fact of the individual stockholders as listed in the Share
Purchase Agreement dated May 27, 2000 ("Go/Shareholders"), thru their respective counsels; and (2)
the Joint Motion and Manifestation dated October 1, 2013 filed in G.R. No. 200213 by BDO and RCBC
Capital thru their respective counsel.

All three petitions emanated from arbitration proceedings commenced by RCBC Capital pursuant to the
arbitration clause under its Share Purchase Agreement (SPA) with EPCIB involving the latter’s shares in
Bankard, Inc. In the course of arbitration conducted by the Tribunal constituted and administered by the
International Chamber of Commerce-International Commercial Arbitration (ICC-ICA), EPCIB was merged
with BDO which assumed all its liabilities and obligations.

G.R. No. 196171 is a petition for review under Rule 45 seeking to reverse the Court of Appeals (CA)
Decision dated December 23, 2010 in CA-G.R. SP No. 113525 which reversed and set aside the June 24,
2009 Order of the Regional Trial Court (RTC) of Makati City, Branch 148 in SP Proc. Case No. M-6046. The
RTC confirmed the Second Partial Award issued by the Arbitration Tribunal ordering BDO to pay RCBC
Capital proportionate share in the advance costs and dismissing BDO’s counterclaims.

G.R. No. 199238 is a petition for certiorari under Rule 65 assailing the September 13, 2011 Resolution in
CA-G.R. SP No. 120888 which denied BDO’s application for the issuance of a stay order and/or
temporary restraining order (TRO)/preliminary injunction against the RTC of Makati City, Branch 148 in
Sp. Proc. Case No. M-6046. Acting upon RCBC Capital’s urgent motion, the RTC issued on August 22,
2011 a writ of execution for the implementation of the court’s order confirming the Final Award
rendered by the Arbitration Tribunal on June 16, 2010.
On the other hand, G.R. No. 200213, filed on February 6, 2012, is a petition for review under Rule 45
praying for the reversal of the CA’s Decision dated February 24, 2011 and Resolution dated January 13,
2012 in CA-G.R. SP No. 113402. The CA denied BDO’s petition for certiorari and prohibition with
application for issuance of a TRO and/or writ of preliminary injunction against the RTC of Makati City,
Branch 148 in Sp. Proc. Case No. M-6046. By Order dated June 24, 2009, the RTC denied BDO’s motion
for access of the computerized accounting system of Bankard, Inc. after Chairman Richard Ian Barker
had denied BDO’s request that it be given access to the said source of facts or data used in preparing the
accounting summaries submitted in evidence before the Arbitration Tribunal.

G.R. Nos. 196171 & 199238 were consolidated and a Decision was rendered by this Court on December
10, 2012, the dispositive portion of which states:

WHEREFORE, premises considered, the petition in G.R. No. 199238 is DENIED. The Resolution dated
September 13, 2011 of the Court of Appeals in CA-G.R. SP No. 120888 is AFFIRMED.

The petition in G.R. No. 196171 is DENIED. The Decision dated December 23, 2010 of the Court of
Appeals in CA-G.R. SP No. 113525 is hereby AFFIRMED.

SO ORDERED.1

Both RCBC Capital and BDO filed motions for partial reconsideration of the above decision.

Meanwhile, in G.R. No. 200213, RCBC Capital filed its Comment, to which a Reply was filed by BDO. By
Resolution dated July 22, 2013, both parties were directed to submit their respective memoranda within
30 days from notice.

In their Joint Motion and Manifestation filed in G.R. Nos. 196171 & 199238, the parties submit and pray
that –
5. After negotiations, the Parties have mutually agreed that it is in their best interest and general benefit
to settle their differences with respect to their respective causes of action, claims or counterclaims in
the RCBC Capital Petition and the BDO Petition, with a view to a renewal of their business relations.

6. Thus, the parties have reached a complete, absolute and final settlement of their claims, demands,
counterclaims and causes of action arising, directly or indirectly, from the facts and circumstances giving
rise to, surrounding or arising from both Petitions, and have agreed to jointly terminate and dismiss the
same in accordance with their agreement.

7. In view of the foregoing compromise between the Parties, BDO, RCBC Capital and Go/Shareholders,
with the assistance of their respective counsels, have decided to jointly move for the termination and
dismissal of the above-captioned cases with prejudice.

PRAYER

WHEREFORE, RCBC CAPITAL CORPORATION, BDO UNIBANK, INC. and GEORGE L. GO, IN HIS PERSONAL
CAPACITY AND AS ATTORNEY-IN-FACT OF THE INDIVIDUAL STOCKHOLDERS AS LISTED IN THE SHARE
PURCHASE AGREEMENT DATED 27 MAY 2000 respectfully pray that this Honorable Court order the
termination and dismissal of the above-captioned cases, with prejudice. RCBC Capital BDO and
Go/Shareholders respectfully pray for such other relief as may be deemed just or equitable under the
premises.2

BDO and RCBC Capital likewise submit and pray in their Joint Motion and Manifestation in G.R. No.
200213 that –

3. After negotiations, the Parties have mutually agreed that it is in their best interest and general benefit
to settle their differences with respect to their respective causes of action, claims or counterclaims in
the above-captioned case, with a view to a renewal of their business relations.

4. Thus, the Parties have reached a complete, absolute and final settlement of their claims, demands,
counterclaims and causes of action arising, directly or indirectly, from the facts and circumstances giving
rise to, surrounding or arising from the present Petition, and have agreed to jointly terminate and
dismiss the present Petition in accordance with their agreement.
5. In view of the foregoing compromise between the Parties, BDO and RCBC Capital, with the assistance
of their respective counsels, have decided to jointly move for the termination and dismissal of the
above-captioned case with prejudice.1âwphi1

PRAYER

WHEREFORE, BDO UNIBANK, INC. and RCBC CAPITAL CORPORATION respectfully pray that this
Honorable Court order the termination and dismissal of the above-captioned case, with prejudice.

BDO and RCBC Capital respectfully pray for such other relief as may be deemed just or equitable under
the premises.3

Under this Court s Resolution dated November 27, 2013, G.R. No. 200213 is ordered consolidated with
G.R. Nos. 196171 199238.

IN VIEW OF THE FOREGOING and as prayed for, G.R. Nos. 196171, 199238 and 200213 are hereby
ordered DISMISSED with prejudice and are deemed CLOSED and TERMINATED.

SO ORDER