Big 3 seek TRO vs. Manila RTC
The country’s three big oil companies --- Petron Corporation, Pilipinas Shell Petroleum Corporation, and Chevron Philippines Inc. --- have questioned the jurisdiction of the Manila regional trial court (RTC) in handling the case relating to oil pricing adjustments.
In the filing of separate manifestations before the Supreme Court and Court of Appeals, the oil firms also sought the issuance of a temporary restraining order (TRO) that shall prohibit Manila RTC Judge Silvino Pampilo Jr. from further hearing the case.
The oil companies further argued that they "have lost faith and confidence in the Honorable Presiding Judge and, thus, does not expect a fair and impartial resolution of the instant suit.”
They also reckoned that petitioner Social Justice Society (SJS) “has made use of a wrong legal remedy when it mistakenly filed what is called a petition for ‘declaratory relief’ which is only appropriate if there is a question of interpretation of the rights of a person under the law.”
The oil firms stressed the SJS seemed to have realized its mistake, that during the September 11, 2009 hearing, it manifested its intent to convert “their pending petition for declaratory relief into an ordinary civil action.”
In the same proceedings, the oil firms contended “that since the main action of declaratory relief was ‘converted’ into an ordinary action, the proceedings should have been suspended until the proper civil action is initiated.” But the judge acted on the contrary on the matter.
In view of the foregoing, the oil companies expressed doubts whether or not the magistrate will still exercise “fairness to dispense justice”, noting his cold neutrality. As a result, the oil firms sought for his “voluntary inhibition."




