A Quezon City court has denied a bid of businessman Reghis Romero 2nd to indefinitely prevent his son, Michael Romero, and his property firm Harbour Centre Port Holdings Inc. (HCPHI), from asserting control over Harbour Centre Port Terminal Inc. (HCPTI).
In a two-page resolution dated December 22, 2015, Regional Trial Court Branch 90 Presiding Judge Reynaldo Daway rejected the elder Romero’s plea for a writ of preliminary injunction that would have barred Michael from using two 2011 documents to prove his ownership right over the port terminal.
The documents purportedly show that Romero ceded control of HCPTI as early as March 2, 2011, through two deeds of assignment that “fully and completely transferred” 689,258,653 shares in HCPHI’s favor.
“After carefully considering the parties pleadings…this court is of the considered and humble view that the plaintiff’s application for the issuance of a writ of preliminary injunction as embodied in the verified complaint can be resolved on the basis of the pleadings submitted by the parties. Hence, this court will now resolve the plaintiffs’ application for the issuance of a writ of preliminary injunction,” Daway said.
“After carefully considering the submission/arguments of the parties in their respective pleadings filed in relation to the plaintiff’s application for the issuance of a writ of preliminary injunction, this court is of the considered and humble view that the plaintiff had not been able to show their entitlement to the provisional relief of preliminary injunction,” he added.
The same resolution, however, denied Michael’s second motion to dismiss a civil suit filed by his father.
The civil complaint was first handled by Judge Bernelito Fernandez, who issued a 20-day temporary restraining order (TRO) on May 8, 2015 enjoining Michael from exercising, directly or indirectly, acts of ownership or rights over HCPTI.
Barely three weeks later, however, Fernandez inhibited himself from the case over accusations of partiality in the proceedings.
His decision to recuse himself from the case led to postponement of hearings.
The case was eventually re-raffled to the sala of Daway.