Can’t The Supreme Court Make Up It’s Mind?

Philippines Today, current issues, news

The Supreme Court has yet to recover from the controversies brought about by last year’s impeachment case against then Chief Justice Renato Corona, but it seemed like it is up for yet another one, this time in the form of a P329 Million case involving Pioneer Surety and Keppel Cebu Shipyard.

The Pioneer versus Keppel Fiasco started in February 2000 when WG&A’s M/V Superferry 3 caught on fire while dry-docked at Keppel Cebu Shipyard, Inc in Lapu-lapu, Cebu. The damaging fire was apparently caused by a cutting work done by a Yard welder. As the insurer, Pioneer paid WG&A’s claim for total loss of the vessel, paying the sum of P360 Million, then went on to file a suit against Keppel to recover the amount it paid WG&A.

In November, 2002 a decision was made finding both WG&A and Keppel negligent. Limiting Keppel’s liability for negligence to P50 Million, the court decided in favor of Pioneer. Both parties went on to file their respective motions for reconsideration in higher courts, until a final decision was made, ordering Keppel to pay Pioneer the net amount of P329 Million, in November, 2010.

The Supreme Court disregards existing rules in the country’s justice system when it recently decided to reverse its final decision. I am not well-adept with the laws and all its baffling legal jargon, but isn’t it plain to see that, if a final and executory decision made 2 years ago was retracted and reversed without due process, it does not really take a legal genius to figure out that something went grossly amiss somewhere, right?

I believe that the Supreme Court exists to uphold the laws of the land,its decisions, after much intelligent deliberation and sound judgment, are considered final and are meant to be executed without question. Don’t you think it was rather strange and ironic that it is acting much like a fickle-minded teenager rather that the absolute guardian of the law that it was supposed to be?

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A National Moment of Silence for the victims of Sandy Hook Elementary School tragedy

Moment of Silence for Sandy Hook Victims on Dec. 21

Connecticut Governor Dannel Malloy called for a National Moment of Silence at 9.30am EST, Friday, 21 December 2012, {10.30PM in Philippine Time} in honor of the Sandy Hook Elementary School victims. Join in as we remember the little angels who was taken from their family too soon because of this very unfortunate event. Let us pray for their souls, as well as for the souls of the grown-ups who bravely stood up to protect these little ones and died in the process, too. My heart also goes out to the parents and families of these victims, may we also say a little prayer for them that may they find solace in this time of grief, and may they find the strength to continue on in life.

May this serve as a reminder for us to always be vigilant and to continuously seek and find ways on how we can make the world we live in now a safer and better place for our children.

Wherever you are in the world, I urge for you to join in this national moment of silence. Let us all make this a world moment of silence as we all condemn violence and crime. Put one of the badges found here on your blog, and let us all observe online silence, too. Share this to your friend on Twitter, as well, by using the hashtag #momentforSandyHook. 

You may also sign the Sandy Hook Elementary School National Sympathy Card, to express your deepest sympathies to the families and survivor of this unimaginable tragedy.

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Steel Corporation of the Philippines Placed Under Liquidation Proceedings

mum's thoughts, news, current issues

More on the unfolding tale of the Steel Corporation of the Philippines which I have written here and on this post, too.

Steel Corporation of the Philippines is the only 100% Filipino-owned steel company in the country, but it seemed like the die is cast and it is undergoing liquidation after all. My heart goes out to more than 300 employees of SCP who are now facing the monsters of unemployment, in what is supposed to be the merriest time of the year, after the court has decided to place it under liquidation proceedings. This decision seem to have sealed their case along with all the hopes to recover from all their corporate woes.

Batangas City Regional Trial Court {RTC} Branch-3 Judge Ruben Galvez issued a decision in favor of the liquidation proceedings resulting for the legal counsels of SCP to ask permission to leave the court room and staged a walk-out to protest something they believed to be an unfair decision of what they dubbed as a “kangaroo court.”

The court immediately held an election to determine the members of the Board of Liquidation of the said company.

Atty. Nonnatus Chua, one of the lawyers of SCP, insisted the liquidation proceedings order from Judge Galvez is illegal because of numerous prejudicial issues not considered by the court and were left hanging.  “We have several prejudicial issues which must be resolved first. In the case of liquidation, it must come after the order of such liquidation becomes final. After approval of the rehabilitation plan by the lower court, the remedy is Rule 65 and a Motion for Reconsideration… we still have 15 days to file MR but the court did not take this into consideration,” he further explained.

The lawyers of SCP have filed a number of Motion for Reconsideration {MR} but they felt that they have not received proper attention and consideration from the court. They are also asking Judge Galvez to inhibit from the case if he has delicadeza.

“Ang ipinagtataka namin ay kung bakit napakabilis ng desisyon niya na i-deny ang motion namin na i-suspend muna ang liquidation. Biro mo, last Friday lang namin yun inihain, tapos on the same day, dineny agad niya ito. At yung kanyang desisyon na inilabas pabor sa liquidation, parang prepared na rin at matagal na niyang ginawa.” Chua lamented.

Apart from that the court has yet to clarify the confusion regarding the classification of creditors according to Chua.

Aside from Banco De Oro {BDO}, there are other creditor banks which has loaned SCP like Planters Bank, Chinabank, Land Bank of the Philippines at DEG {Deutsche Investitions-und Entwicklungsgesellschaft}.

All banks mentioned are “secured creditors”.  However, while the court hearing was being held, some of the lawyers of the said banks appealed as to how and why they were wrongly classified as “unsecured creditors.”

“Samakatuwid ay hindi accurate ang ginawang pag-classify sa bawat creditors. Paano naman natin masasabing parehas ang desisyon ng korte gayong sa pag-classify pa lamang ng mga creditors ay sablay na sila. To put order in this proceedings we should comply with the mandatory requisites,” Chua enthused.

He also cited the big difference on the rights and responsibilities between a “secured” at “unsecured” creditor pointing that it is very important to determine their correct classification.

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