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  • Supreme Court acts on complaint vs judge
     
    By Joel San Juan
    Reporter
     

    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.

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