THE Court of Appeals has nullified a ruling last June of the Pasig City Regional Trial Court stopping construction magnate Reghis Romero II and his firms from claiming ownership of the disputed Harbor Center Port Terminal Inc. (HCPTI).
In an 18-page decision dated August 18, the CA’s 17th Division granted the petition of Romero seeking a reversal of the order of Pasig City RTC Branch 167 Judge Rolando G. Mislang favoring One Source Port Support Services Inc. of Romero’s son Michael.
Michael, now the representative of 1Pacman party-list group, is also facing qualified theft cases before the Manila RTC and the Department of Justice filed by his father’s camp.
“The assailed order, having been issued by RTC of Pasig with grave abuse of discretion and in excess of jurisdiction, cannot be enforced as it is void and of no legal effect. It cannot be the source of any right nor the creator of any obligation. All acts performed pursuant to it and all claims emanating from it have no legal effect,” said the decision penned by Associate Justice Ramon Cruz.
Mislang’s June 9 order required Romero and his firms, R-II Holdings, Inc., and R-II Builders Inc., to refrain from representing themselves as owners of HCPTI in any judicial or administrative proceedings.
Law enforcement agencies were also directed to assist in the order’s implementation.
“It is legally absurd to touch upon and indirectly resolve in the Specific Performance case the issues on ownership of HCPTI. In doing so, the RTC of Pasig acted in excess of its jurisdiction as it had prejudged the merits of the case and encroached upon the jurisdiction and preempted the decision of the other courts,” the CA ruled.
The Pasig RTC also committed grave abuse of discretion because the order would effectively prevent Reghis from pursuing his cases with other courts, even up to the Supreme Court.
The appellate court also noted the order was issued without any hearing, and that it expanded upon a Dec. 1, 2014 temporary restraining order whose 20-day period had long lapsed.
Reghis did not appeal Mislang’s order before the Pasig RTC and went straight to the CA.
The appellate court said it dispensed with the requirement of a motion for reconsideration due to the public interest involved.
The CA also clarified that its recent decision will not resolve the HCPTI ownership dispute.
The merits of One Source’s case to be allowed to continue operating HCPTI will be left for the Pasig court to resolve too.
“The merits of the Specific Performance case pending with the RTC of Pasig and the intra-corporate dispute pending with the RTC of Manila shall not be part of discussion lest we preempt these trial courts in resolving the cases pending before them,” the decision read.
Mislang issued his order in response to One Source’s omnibus motion on Dec. 12, 2014, when the TRO was still effective. But, the Pasig judge was only able to resolve this matter in June, after the CA dismissed Reghis’ petition against the TRO in May.
The judge was already ordered dismissed by the Supreme Court over an administrative case involving another case.
One Source’s assertion of its rights under a 2007 services contract is but one of the many legal disputes hounding Reghis’ group since he wrested away HCPTI’s control from his son, Michael, through a special stockholders meeting on Feb. 11, 2014.
The Manila RTC is tackling the issue of the takeover, as Reghis sued his son before the Quezon City RTC for allegedly falsifying his ownership of the port facility.
