REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
PASIG CITY
BRANCH 158

IN RE: PETITION FOR

VOLUNTARY INSOLVENCY AND
CORPORATE LIQUIDATION,
R-PSG-18-02891
AT PHIL., INC.,
Petitioner.
x---------------------------------------------x

COMMENT
To the Liquidator’s Manifestation

CREDITOR DATALAND INC. (“Dataland”), through the

undersigned counsel, unto this Honorable Court, most respectfully
files this Comment to the Liquidator’s Manifestation and state that:

1. On 25 November 2019 when this case was heard, this

Honorable Court cited the manifestation of the court-appointed
liquidator Atty. Rickmon Albert Alcantara, wherein he declared his
conflict of interest which disqualifies him as liquidator because his
father-in-law was one of the creditors listed in the petition.

2. Accordingly, this Honorable Court issued an Order on

the same day, allowing all the creditors to file their Comment thereto
within ten (10) days or until 05 December 2019, otherwise the
disqualification shall be deemed waived.

3. Under Section 13, Rule 4 of the A.M. No. 15-04-06-SC

otherwise known as the Financial Liquidation and Suspension of
Payments Rules of Procedure for Insolvent Debtors, any creditor may
move for the removal of the liquidator in any of the grounds
provided therein. The said provision aptly provides:

“SEC. 13. REMOVAL OF THE LIQUIDATOR – The

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 liquidator may be removed at any time by the court either motu
propio or upon motion by the debtor or any creditor or
creditors on any of the following grounds:

(a) He did not actually receive the highest number of votes during the
election for liquidator;
(b) Lack of a particular or specialized competency required by the
specific case;
(c) Illegal acts or conduct in the performance of his duties and powers;
(d) Lack of any of the qualifications stated under Section 8 of this Rule
or presence of any disqualification;
(e) Conflict of interest, unless, waived, expressly or impliedly,
by a party who may be prejudiced thereby;
(f) Partiality or lack of independence; or
(g) Any other ground analogous to the foregoing.”

4. In view thereof, Dataland believes that the conflicting

interest of Atty. Alcantara as liquidator on one hand, and a son-in-
law of one of the creditors on the other, would potentially cloud the
good attorney’s judgment to the prejudice of the other creditors
including Dataland, especially with regards to the distribution of the
assets or remaining assets of AT Phil., Inc.

5. For apparent reasons, instances where there is a conflict

of interest should be avoided as much as possible, not to question
one’s integrity but to eliminate the inherent possibility of bias and
partiality altogether.

6. Thus, not to impugn Atty. Alcantara’s professionalism,

the mere threat posed by the conflicting interest is enough reason for
him to step down from this engagement. In other words, it would
simply be preferable for all parties if the liquidator for this case is a
person without any conflicting interest.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court that Dataland’s Comment be DULY NOTED.

Other measures of relief just and equitable under the

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circumstances are likewise prayed for.

Pasig City, 05 December 2019.

SALLAN & JOCSON

LAW OFFICES
Counsel for Respondents
th
Suite 1910, 19 Floor Antel Global Corporate Center
No. 3 Julia Vargas Avenue, Ortigas Center
Pasig City, 1605
Telephone No. 625-6084

By:

ALLAN JOCSON
Roll No. 45145
PTR No. 5212658 / January 3, 2019 / Pasig City
IBP LRN No. 05108 / 01-26-05 / Pampanga Chapter
MCLE Compliance No. VI-0025898/ April 29, 2019
Email: ajocson@sjlaw.com.ph

BJONE CARLO T. FAVORITO

Roll No. 73088
PTR No. 5889990/ June 25, 2019 / Pasig City
IBP OR No. 087118/ May 9, 2019 / Quezon City Chapter
Admitted to the Bar on June 18, 2019
Email: btfavorito@sjlaw.com.ph

COPY FURNISHED:

DE LEON AREVALO GONZALES

Counsel for Petitioner
Suite 313 Pacific Century Tower
1472 Quezon Avenue, 1103 Quezon City

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ATTY. RICKMON ALBERT P. ALCANTARA
Liquidator
Rm. 314 Regina Building
Escolta, Manila