Saturday, April 28, 2007 Appellate court stops ouster of gov't reps from sequestered firm
THE Court of Appeals (CA) has restrained the Makati City Regional Trial Court (RTC) from implementing its decision evicting nominees of the Presidential Commission on Good Government (PCGG) from the Philcomsat Holdings Corporation (PHC) board.
In a resolution penned by Associate Justice Magdangal de Leon, the CA 14th Division issued a 60-day temporary restraining order (TRO) against the ruling of the Makati RTC Branch 138 issued on Oct 14, 2006 nullifying the 2004 elections of the PCGG board headed by Enrique Locsin with Julio Jalandoni, Manuel Andal, Luis Lokin Jr., Manuel Nieto Jr., Roberto V. San Jose, Philip Brodett, Oliverio Lapaeral, Benito Araneta and Roberto Abad as members.
The appellate court likewise directed Victor Africa, who is representing the other group claiming ownership of PHC, to comment within 10 days on the petition filed by Philippine Overseas Telecommunications Corporation (POTC) and Philippine Communications Satellite Corporations (Philcomsat) seeking to set aside the ruling of the Makati court.
"In the meantime, in order to preserve the rights of the parties and so as not to render ineffectual and nugatory whatever judgment that may be rendered in this case, a temporary restraining order is hereby issued, enjoining the regional trial court, Makati City, its agents and representatives from enforcing or implementing or otherwise giving effect to is decision dated Oct. 14, 2006...," the resolution stated.
In a statement, the Enrique Locsin-led PHC board insisted that the election of Africa's group as "new" board members of the PHC is null and void for being rooted upon a decision that was rendered by a court without any jurisdiction.
The Locsin group said the CA's issuance of a TRO further strengthen their position that they are the legitimate PHC board.
"Until the Court of Appeals issues any order on the pending issues, we therefore remain to be the legitimate board of directors of PHC and the acts of the purported board recently constituted by the Africa Group should not be considered official acts of PHC," the Locsin-led board insisted.
On April 12, the Makati RTC issued an order nullifying the 2004 elections of the PCGG board headed by Locsin with Julio Jalandoni, Manuel Andal, Luis Lokin Jr., Manuel Nieto Jr., Roberto V. San Jose, Philip Brodett, Oliverio Laperal, Benito Araneta and Roberto Abad as members.
The lower court's order was an offshoot of its 2006 ruling which gave ownership and control of PHC board to Africa, Erlinda Ilusorio-Bildner, Katrina Ponce-Enrile, Honorio Poblador III, Fedrico Agcaoili, Sylvia Ilusorio and Jose Ozamiz.
The old board elected in 2004 stayed on until a court ordered them removed because the group obtained a TRO preventing the holding of the annual stockholders' meeting.
PHC is 80 percent owned by Philcomsat, the satellite technology pioneering company. Both companies in turn are owned by POTC whose shares were sequestered during the term of former President Corazon Aquino on suspicion that these were part of the ill-gotten wealth of the Marcoses.
The POTC, headed by Africa, is 35 percent owned by the government through PCGG. (ECV/Sunnex)
