Trial of qualified theft case filed by SMC holdings vs Indonesian partners to proceed – CA

The Court of Appeals (CA) has ordered the Marikina Regional Trial Court to proceed with the trial on the qualified theft case filed by San Miguel Holdings Corporation (SMHC), the infrastructure arm of San Miguel Corporation against its Indonesian partners.

In a 16-page decision, the CAs former 9th Division granted the bid of SMHC to order the inhibition of Marikina RTC Branch 193 Judge Alice Gutierrez from the case and allow the trial to proceed in another RTC Marikina branch.

“Judge Gutierrez may not be legally prohibited from sitting in the case a quo. But there are suggestions which are made of record that she is predisposed to act in favor of private respondents, or with bias or prejudice against petitioners,” the CA said.

“All told, Judge Gutierrez has displayed more than a hint of bias and partiality in the proceedings before the court a quo. It is only proper for her to inhibit herself from further presiding therein,” it added.

Gutierrez allegedly manifested a “degree of aversion or hostility” towards SMHC.

SMHC as well as Citra Metro Manila Tollways Corporation’s (CMMTC) sought her inhibition which she denied. A motion for reconsideration has been filed. During its pendency, Gutierrez issued an order on October 25, 2017 dismissing the qualified theft complaint, prompting SMHC to take the case to the CA.

Wahono and Stamboel were charged with qualified theft case before the Marikina City RTC for allegedly causing CMMTC, which was jointly owned then by the SMHC and Wahono, to make an unauthorized disbursement, which he then used to incorporate another company called Citra Central Expressway Corp. (CCEC).

The SMHC accused Wahono of unauthorized disbursement of P50 million in funds of CMMTC, where both SMHC and Wahono were both major shareholders.

Concurring with the ruling were Associate Justices Manuel Barrios and Renato Francisco.