checkmate

Shell loses case against LPG company

PILIPINAS Shell Petroleum Corp. lost its appeal in the estafa case it filed against a local liquefied petroleum gas (LPG) refiller.


In a seven-page resolution written by Associate Justice Rosmari Carandang, the appellate court’s sixth division denied the motion for reconsideration filed by Shell asking the court to reverse its decision dated June 18, 2012.

The appeals tribunal had dismissed for lack of merit Shell’s petition seeking the reversal of Branch 148 of the Regional Trial Court of Makati City its June 2007 and March 2008 orders.

These orders sided with Renato Ang, president of Nation Petroleum Corp. (NPC) arising from the case filed by Shell against Petroleum involving over $1-million worth of LPG product.

After NPC received 71,791,860-kilogram bulk LPG from Shell for storage in its facilities, Shell initiated the case in 2001 which was followed by the ending of the agreement.

Records of the case showed that Shell sought damages worth $1,620,801 against NPC, when it discovered that the bulk LPG NPC returned lacked 4,309,611kg.

But in its decision, the court said: “There is thus no basis for petitioner’s allegation that public respondent completely disregarded the [Throughout and Bulk Loading Agreement or TBLA].”

“As to how the respondent judge [Oscar Pimentel] appreciated the TBLA, that is a matter of his own judgment which cannot be reviewed by a petition for certiorari.”

“Petitioners have therefore not demonstrated any grave abuse of public respondent’s discretion or an error in the exercise of jurisdiction. Hence, we cannot sustain petitioner’s motion for reconsideration,” the ruling further said.

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