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Mar Edward Earl S. Dales Judicial History-First Womens Credit Corporation and Shig Katayama, petitioners vs. Hon.

Rommel O. Baybay, in his capacity as the Acting Presiding Judge of Branch 65, Metropolitan Trial Court, Ramon P. Jacinto, Jaime C. Colayco, Antonio P. Tayao and Glicerio Perez, Respondent Who is the What is Filed What is the Against Where is it What Decision petitioner Petition Whom Filed Court First Complaint for Officers of Securities Create Womens Mismanagement First and an Credit Womens Exchange IMC(affir Corporation Credit Commissio med) represented Corporation( n by Shig Jacinto, Katayama Colayco, Concepcion T. Sangil and Asuncion Cruz) Ramon P. Motion to Metrop affirmed Jacinto, Withdraw olitan Jaime C. Informations Trial Colayco, and to Court Antonio P. Dismiss the Makati Tayao Cases City Branch 65 First Petition for Region denied Womens review on al Trial Credit Certiorari Court Corporation Branch represented 59 by Shig Katayama First Petition for Suprem denied Womens review on e Court Credit Certiorari Corporation represented by Shig Katayama

Mar Edward Earl S. Dales Chronology of Facts- First Womens Credit Corporation and Shig Katayama, petitioners vs. Hon. Rommel O. Baybay, in his capacity as the Acting Presiding Judge of Branch 65, Metropolitan Trial Court, Ramon P. Jacinto, Jaime C. Colayco, Antonio P. Tayao and Glicerio Perez, Respondent First Womens Credit Corp. represented by Mr. Shig Katayama filed a petition for alleged mismanagement of the corporation (SEC No. 11-97-5816) against its officers: Jacinto, Colayco, Concepcion T. Sangil and Asuncion Cruz on November 12, 1997 The Interim Management Committee was a response to the SEC No. 11-97-5816. It issued directives to Tayao and Perez toward the preservation of assets and records of corporation. Tayao and Perez disregard the SEC Order when IMC attempted to enter the main office of the corporation in Makati on December 3, 1999, December 29, 1999 and January 28, 2000. IMC preventively suspended Tayao and Perez and which later on was dismissed FWCC represented by Mr. Katayama filed criminal complaint in Makati City Prosecutors Office against Jacinto, Colayco, Tayao and Perez for violation of the following offenses under the Revised Penal Code: Article 151 (20 counts), Article 154 (2 counts), Article 172(2) (2 counts) and Article 315, paragraph 2(a) Estafa by falsely pretending to be officers of FWCC (23 counts). The Investigating Prosecutor, by Resolution of August 28, 2001, found probable cause to hale respondents into court for falsification of private documents under Article 172(2), and three informations for grave coercion against private respondent Tayao and three unnamed security guards.

Respondents appealed the CPO resolution to the Department of Justice (DOJ) via Petition for Review. The DOJ, by Resolution16 dated April 29, 2002, reversed the Resolution of the CPO which was directed to move for the withdrawal of the information for falsification of private document against private respondents and the informations for grave coercion against respondent Tayao and the three John Does. The corporation and Katayama (hereafter petitioners) moved to reconsider the DOJ April 29, 2002 Resolution but it was denied by Resolution of September 24, 2002.17 Petitioners thereupon assailed the DOJ Resolutions before the Court of Appeals via petition for certiorari.18

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