Manila judge inhibits self from Romero port ownership case  

A Manila judge has insisted on inhibiting herself from a case involving the ownership of the Harbour Centre Port Terminal Inc. (HCPTI) after her connection with a law firm linked to businessman Reghis Romero II was brought up.

 

The inhibition stemmed from a motion filed against Judge Maria Victoria Soriano-Villadolid of the Manila Regional Trial Court Branch 24, who was previously connected with the firm Angara Abello Concepcion Regala & Cruz, popularly known as ACCRA.

 

The motion cited a separate civil case in which ACCRA had legally represented Romero's R-II Builders and Harbour Holdings. In a pleading in the civil case, R-II Builders and Harbour Holdings took the position that the transfer of  285,495,653 common shares in HCPTI was legal and valid.

 

“Consequently, pursuant to the Deed of Assignment executed by PDB (Planters Development Bank) in favor of Defendant RB1I (R-II Builders), as approved by the SMAP-PGB (Smokey Mountain Asset Pool) a total of 285,495,653 common shares in HCPTI (Harbour Terminal) were placed under the name of defendant R-II Builders," read the pleading.

 

“The subject shares (less one share) were later assigned by Defendant R-II Builders to HCPHI for the total consideration of P285,495,652.00 as evidenced by the Deed of Assignment dated March 2, 2011 executed between the two firms," it added.

 

Due to the connection drawn between her and ACCRA, Judge Villadolid, in an order dated December 8, 2015, decided to inhibit from the case.

 

Harbour Holdings moved for the reconsideration of the judge's December 2015 ruling, but Villadolid denied it.

 

"The undersigned [judge] reiterates that her objectivity in presiding over this case will not be affected by her previous affiliations with ACCRA," said Villadolid.

 

"Jurisprudence, however, holds that at the very first sign of lack of faith and trust in his actions, whether well-grounded or not, the judge has no other alternative but to inhibit himself from the case," she added.

 

Romero's son, Michael, has asserted being the majority holder of HCPTI since 2011 when his dad signed two Deeds of Assignment to sell and transfer his shares to him and which were recorded in the financial statements and books of Reghis Romero’s companies, R-II Builders and R-II Holdings.

 

In its May 6, 2015 ruling, Judge Silvino Pampilo Jr. presiding judge of Manila RTC Branch 26, held that Romero's HCPHI remains as the majority stockholder of HCPTI, thus, its board of directors which include the latter, may still exercise authority over the port facility. 

 

The Manila RTC held that the writ of preliminary injunction issued by the Court of Appeals (CA) on March 19, 2015 cannot be used as ground to prevent Romero from asserting his ownership rights over the facility.

 

The Manila RTC noted that the two deeds of assignment executed by R-II Builders owned by his father Reghis Romero II, conveying a total of 68.11 percent ownership to HCPHI in HCPTI "remains valid and effective, as the same were not questioned, controverted much less nullified in a court of law."

 

It noted that the camp of younger Romero presented evidence consisting of the General Information Sheets of HCPTI for the years 2011, 2012, and 2013, showing that the majority shareholdings in HCPTI is owned by HCPHI for a total of 689,294,652 common shares, representing 68.11 percent of the company.

 

The Quezon City Prosecutor’s Office declared last December that “since Harbour Holdings has not transferred its shares in HCPTI over to R-II Builders Inc. and R-II Holdings Inc., Harbour Holdings remains as a stockholder of HCPTI.” — DVM, GMA News