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SC orders lower court to unseal Hillblom documents
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Posted on May 17 1999
In a move to consolidate its decisions over a number of petitions filed in the much-contested Hillblom case, the Supreme Court instructed the lower court to junk its earlier order to seal the case.
“The Superior Court is to vacate the March 2, 1999 order temporarily resealing the case,” ruled Justices Miguel S. Demapan, Marty K. Taylor and Alberto Lamorena III.
Parties fighting over the Hillblom fortune earlier asked the higher court to issue a writ of prohibition and mandamus against the Superior Court.
Numerous items were listed in the petition and some were without adequate support. For this reason, the Supreme Court granted only in part the writ of prohibition.
In its order to open the case, the court said the sealing of records have denied the parties the access to review documents needed to properly assist their involvement in this legal battle.
Likewise, an earlier decision from the higher court has ordered the unsealing of documents which was not followed.
“The lower court’s order demonstrates a persistent disregard of applicable rules. This court has spoken and the lower court defied the opinion,” it said.
In addition, the Supreme Court also directed the lower court to vacate its earlier order that bestowed Special Master Rex Kosack powers beyond those described in the law.
Kosack has named lawyer Charles Rotbart as interested party of the Hillblom case. Rotbart was earlier excused by the higher court from the case since he may use his knowledge against his former client. He used to represent Milagros Feliciano, guardian of one of the heir claimants.
The Supreme Court asked the lower court to junk Kosack’s order naming Rotbart as an interested party. It instructed Kosack to continue its fact finding task and ordered him to submit his reports two weeks after this issuance.
