Scalawag courts

IT was hair-raising listening to Chief Justice Renato Corona (during the recent convention of the Philippine Judges Association)  perorate on the supposed effort being exerted by the Judiciary under his watch in preserving its constitutionally-mandated role as the last bastion of democracy in this part of the globe.

He glowingly spoke of the reforms he has, thus far, instituted, despite, the said, hostile reaction from the two other branches of the government, i.e., the executive and the legislative branches.

He also lauded “a new crop of judges and magistrates” committed to the rule of law and the true ideals of justice and absolutely  isolated  from any shred of impropriety.

Rapidfire wonders if  this “new crop of judges and magistrates” includes these RTC judges in Caloocan and Pasay (we won’t name the branches) and an Antipolo City court.

The Caloocan judge is hearing a Petition For Consignation filed by the Manila North Tollways Corporation MNTC) on December 30, 2010, yet.

To the unfamiliar, MNTC is operating the Subic-Caloocan-Tarlac Expressway (SCTEX) thru a joint venture agreement with the government-controlled Philippine National Construction Corporation (PNCC).

A  few months ago, Rapidfire serialized the plunder of PNCC by its previous board of directors appointed  during  the time of  for mer President PGMA.

This matter reached the Supreme Court when minority stockholder, Atty. Luis F. Sison, filed a derivative suit (that was eventually elevated to it) to protect his and other minority holders’ rights and interests as recognized in the Corporation Code.

This is the leading Rad-stock case (decided in 2010) where the High Court held, among others, that PNCC’s “net in-come” in its operations now belongs to the National Government and should be turned over to the latter thru the then Asset Privatization Trust (APT) now Private Management Office (PMO).

Also at year end of 2010, PNCC realized a P337 million share from the SCTEX operation.

MNTC could not declare dividends to its stockholders without remitting to PNCC the latter’s said share. Since MNTC was, at that time, uncertain on to which entity to remit the indicated amount in light of the Radstock decision, MNTC opted, instead,  to file its mentioned consignation petition, ad forth-with deposited that amount with the Caloocan court. (TO BE CONTINUED)


About Gwenn

You must be logged in to post a comment Login

Leave a Reply