The ousted operator of the Manila Harbor Center has sought the inhibition of a Court of Appeals justice whom it claims has been partial toward his opponent, R-II Builders led by businessman Reghis Romero II.
In a 13-page urgent motion filed with the court’s 15th Division on Aug. 13, One Source Port Support Services Inc., through its president Cyrus Paul Valenzuela, asked Justice Noel Tijam to inhibit himself from the pending cases filed by Romero.
The cases involve motions to stop a 20-day temporary restraining order issued by a Pasig Trial court. Romero is also involved in a corporate ownership squabble with his son.
Valenzuela said he had no confidence in Tijam’s impartiality and was therefore seeking the justice’s inhibition or voluntary disqualification from the case.
In his motion, Valenzuela said there was a “cemented friendship” between Tijam and Romero, citing a favorable decision that Romero’s company, R-II Builders Inc., obtained in 2010 from the 15th Division which was later reversed by the Supreme Court because of numerous errors. That case involved a suit filed by R-II Builders against Home Guaranty Corp. (HGC) and the National Housing Authority (NHA).
The Court of Appeals, in a decision written by Tijam, ruled in favor of R-II Builders. HGC then went to the Supreme Court, which in 2011 reversed the appeals court’s decision, citing “error upon error” in its proceedings. The high court also said the appeals court “gravely erred” on the issue of jurisdiction.
Valenzuela said it was “too much of an uncomfortable coincidence” that Tijam was again a member of the division set to resolve another case filed by Romero.
“Given the controversial 2010 decision favoring [Romero], it should have been prudent of Justice Tijam to recuse himself from the onset—yet he has not done so,” Valenzuela said.–With Tetch Torres-Tupas
Originally posted: 08:41 PM August 16th, 2015