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CHIEF
Justice Reynato Puno has directed the Office of the
Court Administrator to take action on the request of
Steel Corp. of the Philippines (SCP) to have its
rehabilitation case transferred from Branch 2 of the
Regional Trial Court (RTC) in Batangas City to any court
in Metro Manila.
In its
letter-request, the SCP through its executive vice
president and chief operating officer, Antonio Lorenzana,
alleged some irregularities in the proceedings being
presided by Judge Maria Cecilia Austria.
Lorenzana claimed that
Austria
hastily and erroneously acted on the petition for
rehabilitation filed by SCP’s bank-creditor Banco de Oro-
Equitable PCI Bank on September 11, 2006.
He noted
that on the very next day, without hearing, the judge
issued a stay order and appointed a receiver with a
compensation of P300,000 a month.
In the
same letter, Lorenzana maintained that inasmuch as
almost all the parties are represented by lawyers based
in Metro Manila, “it would be practical and convenient
for the proceedings to be transferred to a commercial
court based in Metro Manila.”
In his
endorsement, Puno ordered Court Administrator Zenaida
Elepaño to act on the letter of SCP asking for a
transfer of further hearings of the Special Proceedings
06-7993 titled “In the Matter of the Petition to have
Steel Corp. of the Philippines Placed Under Corporate
Rehabilitation with Prayer for the Approval of the
Proposed Rehabilitation Plan” still pending before
Austria’s sala.
Earlier,
Court of Appeals (CA) Justice Sixto Marella Jr. decided
to recuse from hearing the cases filed by SCP following
claims of irregularities in the raffle of petitions
involving the firm’s rehabilitation plan.
In a
four-page memorandum dated March 7, Marella told Justice
Mario Guarina III, chairman of the CA’s 16th Division,
that he is granting the motion filed by lawyers of the
SCP to recuse from ruling on their petition for review.
The SCP
is also questioning before the CA the rehabilitation
plan approved by Austria that allows its bank creditor
to acquire ownership of the company through a mandatory
debt-to-equity conversion and create a management
committee to replace its board of directors.
The CA’s
10th Division has also issued a temporary restraining
order enjoining a Batangas City court from implementing
its order allowing creditors of SCP to acquire ownership
and management control of the latter.
In a
three-page resolution, the appellate court stopped
respondents Austria, Equitable PCI Bank and
court-appointed receiver, lawyer Santiago Gabionza from
constituting a Mancom that will supervise the operations
of SCP. |