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Saturday, June 29, 2002
Unfinished warehouse still ours, says Uniwide
By Rose O. Verzosa
JUST BECAUSE the unfinished warehouse building at the Mandaue reclamation area is not included in the management committee’s inventory of properties, it does not mean that Uniwide Sales Realty and Resources Corp. does not own the property.
In its reply, which was submitted to the Court of Appeals, Uniwide condemned Mandaue City’s depositing container vans inside the building and destroying the concrete walls on both sides of the building without authority from the court.
‘Contemptuous’
Uniwide called it a “contemptuous act from somebody who has no regard for the legal and judicial process.”
“Respondent’s assertion that the improvement, the unfinished giant structure which incidentally could cost P150,000,000 is now property of respondent City of Mandaue since petitioner has never claimed ownership thereof in any forum or before the SEC is as ridiculous as it is ludicrous,” Uniwide said in its reply, which was submitted to the Court of Appeals (CA).
Intervention
Uniwide sought the intervention of the CA, claiming that since there is a pending proceeding for suspension of payment before the Securities and Exchange Commission (SEC), then the Regional Trial Court (RTC) has no jurisdiction to try the case for the rescission of its lease contract with Mandaue involving the City-owned 15.5-hectare lot at the reclamation area.
The CA issued a temporary restraining order stopping the RTC from resolving and conducting further proceedings on the case.
It also directed the Mandaue City Government to cease “from committing acts manifesting rights of ownership and possession” over the building.
In their comment, City Legal Officer Malcolm Seno and his assistant Erwin Rommel Heyrosa told the CA that the leased property and the unfinished building are not among the properties listed in Uniwide’s petition for suspension of payment before the SEC.
“Thus, these did not form part of the properties which constructively fell within the jurisdiction of the SEC to be consequently turned over to the management committee. As such, it would be futile and useless for the herein respondent City of Mandaue to ask SEC to order the return and effect the delivery of these properties to respondent City of Mandaue,” they said.
Reply
Uniwide’s reply merely reiterated its earlier position that once a company is under a rehabilitation receivership, all action for claims against the corporation pending before any court, tribunal or board shall be deemed suspended.
Under the Insolvency Law, when a petition for suspension of payments is filed, the debtor is prohibited from disposing any of his properties, except those for the ordinary operations of commerce and industry.
Uniwide claimed that allowing the court to rescind its lease agreement with Mandaue City, where the building will be turned over to the City Government, violates this law.
“It is unfair to accuse petitioner of blocking its legitimate move to recover the leased premises when what petitioner wants to uphold is the rule of law and compliance of judicial process,” Uniwide said.
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