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AN
associate justice of the Court of Appeals (CA) has
decided to inhibit himself from hearing the cases filed
by Steel Corp. of the Philippines (SCP) following
questions about the raffle of petitions involving the
company’s rehabilitation plan.
In a
four-page memorandum dated March 7, Associate Justice
Sixto C. Marella Jr. told Justice Mario Guarina III,
chairman of the CA’s 16th Division, that he is granting
the motion filed by SCP lawyers to recuse from ruling
on their petition for review.
The SCP
is also questioning before the CA the rehabilitation
plan approved by Judge Ma. Cecilia Austria of Branch 2
of the Regional Trial Court
in Batangas City, allowing SCP’s creditor Banco de Oro-Equitable
PCI Bank to acquire ownership of the company through a
mandatory debt-to-equity conversion and create a
management committee to replace its board of directors.
“Considering the position of SCP, for its peace of mind
and consonant with the policy that the administration of
justice should not only be impartial, independent and
honest but should be believed and perceived to be
impartial, independent and honest, SCP’s Motion for
Voluntary Inhibition is hereby granted,” Marella said.
He also
asked the division clerk of court to forward all the
records pertaining to the appeal to the Raffle Committee
to conduct a reraffle.
Earlier,
the SCP had conveyed to the CA presiding justice Conrado
Vasquez its apprehension over fact that all cases
involving the rehabilitation of Steel Corp. were going
to the sala of Marella.
While
recusing, Marella, however, characterized as mere
coincidence the fact that the cases had all ended with
him.
“The
reassignment of two petitions for certiorari under Rule
65 of SCP was occasioned by the inhibition of the
previously assigned justices and unloading, while one
petition for certiorari was consolidated and assigned to
me upon SCP’s motion. Only one case, was originally
assigned to me,” Marella said.
Earlier,
the CA’s 10th Division issued a temporary restraining
order enjoining a Batangas City court from implementing
its order allowing SCP creditors to acquire ownership
and management control of the latter.
In a
three-page resolution, the appellate court stopped
respondents Judge Austria, Equitable PCI Bank and
court-appointed receiver, lawyer Santiago Gabionza from
constituting a management committee to supervise the
operations of Steel Corp.
The CA
also ordered respondents to file within 10 days their
comment to the petition filed by SCP questioning the
lower court’s order approval of its rehabilitation plan.
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