Takeover ni Mikee sa Harbour Terminal kinatigan ng CA

PINAYAGAN ng Court of Appeals (CA) ang kampo ng negosyante at incoming Party-list Rep. Michael Romero na mag-takeover sa operasyon ng 10-ektaryang Harbour Centre terminal na pinatakbo ng amang si Reghis Romero II simula noong Oktubre 2014.

Sa 22-pahinang desisyon ni  Associate Justice Leoncia Real-Dimagiba ng CA Special Fifteenth Divison (Division of Five), kinatigan nito ang One Source Port Services Inc., ang lehitimong operator ng Harbour Centre dahil sa kontrata sa Port Ancillary Services at Port Management na nilagdaan ng HCPTI noong Enero 22, 2007 at Hunyo 5, 2014.

Kinatigan ng CA ang naunang desisyon ni Pasig RTC Judge Rolando Mislang noong Disyembre 18, 2014 na pinagbabawalan ang kampo ng matandang Romero na mag-operate sa Harbour Centre.

“We scrutinized the RTC Pasig’s December 18 order and find the same to be in order. The public respondent, finding One Source has a clear right over the management and operations of the terminal facility by virtue of the two notarized contracts, ordered Reghis Romero II, R-II Builders and R-II Holdings, their representatives, agents and employees to cease and desist from further disrupting and interfering the One Source’s management, control, operations and possession of the ten-hectare terminal facility,” saad sa utos ng CA.

Sinabi ng CA na ilegal ang kontrata ng matandang Romero para patakbuhin ang HCPTI.

“Verily, in the absence of any court’s declaration of rescission and/or nullity of said public documents – Port Ancillary Service Contract and Port Services Management Contract, both contracts are enforceable as a matter of law between One Source and HCPTI,” paliwanag ng CA sa kanilang desisyon.

“This is so because rescission of reciprocal contract will not be permitted for a slight or casual breach, but only for such substantial and fundamental violations as would defeat the very object of the parties in making the agreement,” giit ng appellate court.

Wika ng CA, walang awtoridad ang matandang Romero para kanselahin ang kontrata ng One Source.

“Thus as president and chief executive officer of HCPTI, he is responsible for its management and daily operations. Undeniably, he has the power and authority to enter into contracts, particularly  the Port Ancillary Service Contract and Port Services Management Contract, which give One Source the authority to manage and operate the entire terminal facilty,” saad sa desisyon ng CA.

“Considering that many people will be affected with the eviction of One Source from the HCPTI facility, we are of the opinion that One Source will suffer great damage than the petitioners as its employees will be displaced, and the company’s goodwill and business reputation built through the years will be adversely affected,” paliwanag ng CA.