THE Court of Appeals has dismissed a petition by former Foreign Affairs chief Perfecto Yasay Jr. questioning the warrant of arrest against him issued by a Manila court in connection with criminal charges filed by Banco Filipino Savings and Mortgages Bank over a P350M bank loan.
In a three-page resolution dated September 12, the appellate court’s former Ninth Division said Yasay’s petition was premature since he has a pending motion for reconsideration before the sala of Manila RTC Branch 10 Judge Danilo Leyva, who issued the assailed warrant of arrest last March 8.
Joining Yasay in the petition were former officials of Banco Filipino, namely, Maxy Abad, Francisco Rivera,Teodoro Arcenas and Albert Aguirre.
The appellate court added that a petition for certiorari only becomes available when there is no other course for a plain, speedy and adequate remedy available to the petitioner in the ordinary course of law.
In its comment before the CA, the Bangko Sentral ng Pilipinas said the petition is premature because Yasay and his co-accused still have pending motions before the Manila RTC.
Concurring with the resolution were Associate Justices Myra Garcia-Fernandez and Geraldine Fiel-Macaraig.
Yasay and his co-accused are facing four charges of violating Republic Acts 8791 and 7653 or the General Banking Law and the New Central Bank Act in connection with the P350 million loan.