Court appoints Medicus management committee chair, members

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The Iloilo City Regional Trial Court (RTC) Branch 39 has approved the appointments of the chairman and members of a committee that has been created to manage Medicus Medical Center in Mandurriao district.

The creation of the Management Committee (MC) "is a provisional remedy that is authorized by the Interim Rules on Intra-Corporate Controversies, pending the resolution of the merits of the case."

The special corporate case was filed by the late Eugene C. Lim for himself and for Medicus Medical Center Corp (MMCC) and its minority stockholders.

MMCC manages Medicus Medical Center.

Based on the July 18, 2022 order signed by Presiding Judge Victorino Oliveros Maniba Jr., the Court appointed Atty. Jerry T. Opinion as chairman of the MC and Dr. Joel Abanilla and Atty. Oscar C. Tagamolila as members.

"The MC shall have corresponding powers, functions, duties and responsibilities enumerated under Sec. 5, Rule 9 of the Interim Rules on Intra-Corporate Controversies," the order stated.

Lim, who filed Special Corporate Case No. 21-095 for “mismanagement and damages," was substituted by his son Gene Francis Lim following the former’s death on Nov 22 last year.

The defendant in the case is Medicus Philippines, Inc (MPI), which owns a controlling interest equivalent to 65.88 percent of MMCC.

The plaintiffs, based on the February 4, 2022 order, "insist that the Management Committee should be appointed to take over the management of MMCC, imputing acts of fraud, mismanagement, conflict of interest and disregard of the interest of MMCC and its minority stockholders on the part of the defendants.”

The defendant denied the allegation and claimed that MMCC was properly managed. It also maintained that the action is defective as a derivative suit.

In an interview, Atty. Oscar Tagamolila, legal counsel of Gene Lim, said they are expecting the takeover to be implemented in the next two weeks.

"What will happen if they deny access, well that's a hospital and indi ina balay nga indi ka pagpasudlon sang tag-iya. That's a hospital. Everyone makasulod," he told IMT NEWS.

"If that's the case, the sheriff will be there and if indi sila magpasulod, then the sheriff will ask assistance from the police. Kung magsige pa gid sila pwede sila macontempt," he further said.

Meanwhile, in accordance with Sec. 5 (18) of the Rule 9 of the Interim Rules on Intra-Corporate Controversies, the Court in its July 18, 2022 order further directed and authorized the MC to do the following:

*conduct an investigation on the matters mentioned in the Order dated Feb. 4, 2022;

*conduct regular meetings and record and compile the Minutes of the said meetings. Issues, shall be resolved as a collegial body, with the Chairman, acting as Presiding Officer. If the decision is not unanimous, the objection of the Chairman; or Member who is objecting, shall be recorded in the Minutes;

*open current and/or savings accounts with a reputable bank of its choice in the name of MMCC;

*determine the assets, liabilities and financial position of MMCC;

*submit a final report, together with its recommendations not later than 90 days from the date of the Order; and

*perform such other acts as may be necessary to the discharge of its duties and responsibilities.

The Court also ordered MPI and executive officers of MMCC to turn over to the MC their duties and responsibilities and the existing funds of MMCC and all income or amounts which MMCC may receive after the effectivity of the order.

The Corporate Secretary was also directed to turn over all the corporate records of MMMC including the Stock and Transfer Book, to the MC and to assist the MC in the review.

All other personnel, employees and medical staff of MMCC must also cooperate with and assist the MC in the discharge of its functions.

The MC was also directed to suggest the compensation of its Chairman and Members and to submit the same for the approval of the Court.

"The order shall take effect immediately. The case is set for pre-trial on Sept. 26, 2022," the Court said.

On the other hand, the Court in its order dated Sept. 16, recalled the appointment of Atty. Sharon Milan as third party member of the MC. She was replaced by Dr. Giovannie de los Reyes, the defendant’s nominee.

“Considering that clearly due to oversight, the comment of the defendant was overlooked by the court, hence their nomination of [Dr.] Giovannie de los Reyes was not given due notice,” the order stated.IMT





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