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 N
TOLENTINO, 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,...
