LUZON HYDRO CORPORATION, petitioner, vs. HON. ROMMEL O. BAYBAY, in his capacity as Presiding Judge of the Regional Trial Court of Makati City, Branch 132 and TRANSFIELD PHILIPPINES, INC., respondents.

SPECIAL FORMER FOURTH DIVISION[CA-G.R. SP No. 94318. November 29, 2006.]LUZON HYDRO CORPORATION, petitioner, vs. HON. ROMMEL O. BAYBAY, in his capacity as Presiding Judge of the Regional Trial Court of Makati City, Branch 132 and TRANSFIELD PHILIPPINES, INC., respondents.D E C I S I O NTOLENTINO, A.G., J p:This is a Petition For Certiorari With Urgent Application For Temporary Restraining Order and Writ of Preliminary Injunction 1 seeking the nullification of the order 2 of the Regional Trial Court of Makati City, Branch 132 dated April 28, 2006, denying the petitioner's Motion For Preliminary Hearing on Affirmative Defenses. 3 The facts of the case as borne by the records are as follows:The instant case stemmed from a Petition for Application for Confirmation/Recognition and Enforcement of a Foreign Arbitral Award of the International Chamber of Commerce International Court of Arbitration in Case 11264/TE/MW, entitled "Transfield Philippines, Inc. v. Luzon Hydro Corporation" 4 filed by the private respondent (TPI, for brevity) against the petitioner. The case was filed with the Regional Trial Court (RTC) of Makati City,...