REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
REGIONAL TRIAL COURT
Branch 147, Makati City
IN RE: PETITION FOR
INVOLUNTARY LIQUIDATION
UNDER SECTION 91 OF REPUBLIC
ACT NO. 10142, THE FINANCIAL
REHABILITATION AND
INSOLVENCY ACT (FRIA LAW OF
2010) OF HOME CATALOGUE
SHOPPING, INC.,
Case No. R-MKT-18-00071-SP
For: Involuntary Liquidation
OCAMPO AND MANALO LAW
FIRM, BPO GLOBAL CONCEPTS
INC. AND GLOBE TELECOM INC.
Petitioners.
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MOTION FOR LEAVE OF COURT TO AMEND
PETITION
Petitioners Ocampo and Manalo Law Firm (hereinafter referred
to as “Ocampo and Manalo”), BPO Global Concepts and Globe
Telecom, by counsel, respectfully move for leave of court to amend
Petition, and in support thereof states:
1. On 21 November 2022, the Honorable Court issued an
Order directing Petitioner Ocampo and Manalo Law Firm to file the
proper motion/manifestation within twenty (20) days from 21
November 2022 or on 12 December 2022.
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2. Petitioners respectfully manifest that, after a careful
consideration of the facts and documents, Petitioner Ocampo and
Manalo has decided to revise its claim to the amount of Three
Hundred Ten Thousand Pesos (PhP310,000.000) and waive the
remaining balance of its claim.
3. As for the respective claims of Petitioner BPO Global
Concepts in the amount of Three Hundred Fifty-Once Thousand
Seven Hundred Twenty-Six Pesos and 79/100 (PhP351,726.79) and
Petitioner Globe Telecom in the amount of Three Hundred Forty-One
Thousand Four Hundred Seventy Pesos and 18/100 (PhP341,470.18),
these claims will still remain as no payments has been made to
Petitioners despite repeated demands.
4. Hence, with the proposed amendment to the Petition, the
aggregate total of the claims will stand at ONE MILLION THREE
THOUSAND ONE HUNDRED NINETY-SIX PESOS and 97/100
(PhP1,003,196.97). It is respectfully submitted that this well within
the threshold amount for a Petition for Involuntary Liquidation
under Sec. 91 of the Financial Rehabilitation and Insolvency Act
(FRIA) of 2010 (R.A. No. 10142).
5. In relation thereto, Petitioners respectfully manifest their
compliance with the bond requirement in the amount of One Million
Pesos (PhP1,000,000.00) which was previously reduced by the
Honorable Court based on substantial justice.
6. In addition, although Petitioners will defer to the wisdom
of the Honorable Court, it is respectfully pointed out that the
absentee bond under Section 19, Rule III of the Financial Liquidation
and Suspension of Payments Rules of Procedure (A.M. No. 15-04-06-
SC), only applies to individual debtors; the said provision is found
under Rule III on Insolvency of Individual Debtors. Hence,
Petitioners humbly submit that the requirement for an absentee bond
does not apply in this case as the debtor in question is a juridical
entity.
7. This motion is not intended for delay but is necessitated
solely by the reason forestated.
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PRAYER
WHEREFORE, it is respectfully prayed that the Honorable
Court issue an order GRANTING leave of court and allow
Petitioners to amend the Petition for Involuntary Liquidation under
Section 91 of Republic Act No. 10142 or the Financial Rehabilitation
and Insolvency Act (FRIA Law of 2010).
Other reliefs and remedies just and equitable are likewise
prayed for.
Makati City, 12 December 2022.
OCAMPO & MANALO
Counsel for Petitioners
th
28th Floor, Pacific Star Building
Sen. Gil Puyat Avenue corner Makati Avenue
1200 Makati City
Tel. Nos. 7751-8899; 7751-7799; 7751-8889
Fax No. 7751-4000
By:
JUAN VICTOR S. VALDEZ
Roll No. 46936
PTR No. 2908526; 01/05/2022; Parañaque City
IBP No. 169631; 12/03/2021; PPLM
MCLE Compliance No. VI-0025855; 05/16/19
ANGELINE B. SALAZAR
Roll of Attorneys No. 72997
PTR No. 2613570; 02/02/21; Parañaque City
IBP No. 145476; 01/09/21; PPLM
Admitted to the Philippine Bar in 2019
MCLE Compliance No. VII-0016596; 4/28/22
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Notice of Hearing and Copy furnished:
Home Catalogue Shopping, Inc.
Unit 1604 16/F 2F 139 Corporate Center
139 Valero St., Brgy. Bel-Air, Makati City
Branch Clerk of Court
Regional Trial Court of Makati City
Branch 147
Greetings:
Please submit/ the foregoing Motion for the consideration and
approval of the Honorable Court on on any date and time which may
be accommodated by the calendar of this Honorable Court.
OCAMPO & MANALO
By:
ANGELINE B. SALAZAR
