SEC Adm. Case No. 05-08-130 Felipe Judan

Securities and Exchange Commission SEC Bidg. EDSA, Greenhills, Mandaluyong City Department of Trade and Industry Republic of the Philippines

FELIPE JUDAN, Petitioner.

versus- SEC En Banc Case No. 05-08-130

AFP-RETIREMENT AND SEPARATION OFFICE OF THE GENERAL COUNSEL GOLD CLUB, INC. BENEFITS SYSTEM, and RIVIERA

Respondents

X

RESOLUTIOn

Urgent Prayer for Issuance of a Writ of Temporary Restraining Order or a Writ of the Office of the General Counsel ('OGC'? of the Commission. Preliminary Injunction to annul and deciare as void the Order dated 29 April 2008 of For consideration of the Commission En Banc is a Petition for Certiorari With

filed a petition with the Commission praying that it be authorized to call a special stockholders' meeting of the Riviera Golf Club, Inc. (`Riviera'?. Finding the petition set of directors on 16 May 2008. meritorious the OGc issued the 29 April 2008 Order directing the officers and directors of Riviera to hold the annual stockholders' meeting and election of its new As a brief background, the AFP-Retirement and Separation Benefits System

On 16 May 2008, the petitioner filed the instant petition alleging that the OGC issued the subject order without or in excess of its jurisdiction or with grave abuse of discretion, and further alieged that there is no plain, speedy or adequate remedy in the ordinary course of law.

The petition is unmeritorious.

the calling of the meeting of Riviera's stockholders. Under the 2006 Rules of There is no questior that the OGC issued a final judgment on the petition for

Procedure of the :Commission, the proper remedy is an appeal from the questioned order.1 Such remedy is available to the petitioner but he did not avail of the same.

1 Rule XI- Appeals from Decisions or Orders of Operating Departments

http:/www.sec.gov.ph "Sec. 11-1. Ordinary Appeal. -- An anpeal to the Commission En Banc may be taken from a decision, order, or resolution issued by an Operating Department if there are questions of fact, of Ilaw, or mixed questions of fact and law." +(632) 584 0923

and Riviera Golf Club, Inc. Felipe Judan ys. Office c AFP-Retirement and Separation Benerit System. 35-08- 130 General Counsel. F of

jurisdiction, not errors of judgment.? Thus, the instant petition must fail. the Supreme Court, a certioiari is a remedy designed for the correction of errors of Instead, the petitioner filed the instant petition for certiorari. As explained by

WHEREFORE, the petition is DENIED DUE COURSE for iack of merit

So orderEd.

Mandaluyong City, 20 May 2010.

Fe B. Barin Chairperson

MA. JOANITAE. CUEL Commis sioner RAuL J. PALABRIC Commissioner

ManUELI JBERtO B. GAItE ElAdio m/jala)

Commissioner Commissioner

casEs1 o a0ot.0o

*on leave

2 Madrigal Transport, Inc. vs. Lapanday Hoidings Corporation, et al., G.R. No. 156067, August 11, 2004.