Sandigan urged to act on Philcomsat nominees

The Sandiganbayan has been asked to stop the Presidential Commission on Good Government (PCGG) from recognizing alleged illegal stockholders’ meetings of sequestered companies Philippine Overseas Telecommunications Corp. (POTC) and Philippine Communications Satellite Corporation (Philcomsat), where a new set of government nominees were supposedly installed by Malacañang.

In a petition for injunction and declaration of nullity with prayer for temporary restraining order and preliminary injunction filed before the Sandiganbayan, Concepcion Poblador, a director and vice president of POTC and Philcomsat, questioned the attendance of Enrique Perez, an official of the Presidential Management Staff (PMS) with the rank of undersecretary, at the Nov. 19 meeting of Philcomsat where he replaced erstwhile government nominees Enrique Locsin, Manuel Andal, Julio Jalandoni and Guy de Leon in the POTC and Philcomsat boards.

Poblador said that the said meeting was illegal since the respective boards of the two companies had not called or authorized such a meeting on the said date.

Named as defendants in Poblador’s petition were Perez and the PCGG chaired by Camilo Sabio.

“First, no such meetings were called or authorized by the corporations, through their respective Board of Directors and Officers. PCGG cannot recognize any such meetings or the installation of new government nominees held thereat, since such meetings are illegal,” Poblador said in her petition.

“Second, the acts of defendant Enrique Perez of allegedly representing and voting the shareholdings of the government in POTC during the meeting, and claiming to have authority to install the new nominees in an illegal board, is patently illegal and must be so declared by this Honorable Court,” Poblador said.

It will be recalled that the two sequestered companies have been the subject of a long-standing legal battle between two groups, one led by the heirs of Marcos crony Potenciano Ilusorio represented by Erlinda I. Bildner and Victor Africa, and the other led by Poblador and the government nominees Locsin, de Leon, Andal and Jalandoni, both claiming to be legitimate boards of the two firms.

Poblador’s board has so far been the one recognized by the government as the legitimate board, with Malacañang and the PCGG consistently forwarding appointment of government nominees to the POTC and Philcomsat boards to the Poblador-led board.

Poblador had also questioned the authority of Perez to name replacements to the POTC and Philcomsat boards, pointing out that the PMS official had failed to present a “desire letter” from President Arroyo effecting the change of the government nominees.

Perez had named former National Telecommunications Commission (NTC) chief Abraham Abesamis, businessman Ramon “RJ” Jacinto, and Lakas-CMD deputy secretary-general Rodolfo Serrano, retired Justice Santiago Ranada, lawyer Danilo Guttierez and labor leader Allan Montano to replace the erstwhile government nominees in the questioned Nov. 19 meeting.

“It is the legitimate boards only, where plaintiff sits as director, that may lawfully implement the desire letters of the President of the Philippines, and lawfully install, nominate, qualify and elect the government nominees to the POTC and Philcomsat boards,” Poblador said.

“Defendant PCGG has not written or informed the board of POTC and Philcomsat or their respective officers, regarding the issuance of President Arroyo of desire letters to replace the present government nominees composed of Messrs. Locsin, Andal, Jalandoni and de Leon,” Poblador stressed.

“Defendant PCGG has not formally taken any action to inform and request the boards of POTC and Philcomsat to install the new government appointees,” Poblador also pointed out.