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THE
question of whether the proxy solicitation done by the
Lopez bloc is illegal or not will be determined Friday
afternoon in a hearing supervised by corporate regulator
Securities and Exchange Commission (SEC).
Hubert
Guevara, director for compliance and enforcement
department of the commission, told the BusinessMirror
the hearing is pushing through as scheduled Friday
despite the filing of the Manila Electric Co. (Meralco)
before the Court of Appeals (CA) of a temporary
restraining order (TRO) questioning the validity of the
SEC’s May 26 order.
“I’m not
aware that Meralco already got a TRO. Let’s see what
will happen. But as far as I’m concerned, the hearing
will push through,” he said.
Meralco
legal counsel Monico Jacob, in another interview, said
the TRO petition basically questions the jurisdiction of
the SEC on intracorporate issues, like proxy
solicitations.
“If we
secure one, we don’t see the need to appear in the
hearing and, consequently, reply to the show-cause order
dated May 27 on the SEC’s claimed defiance by Meralco
executives of an earlier order,” he explained.
Guevara
said the commission en banc has designated a
three-member hearing panel to administer the matter.
The SEC
has slapped two orders—one issued on the eve of the
utility firm’s annual stockholders’ meeting and the
other after the meeting—against Meralco chairman Manuel
M. Lopez and his associates.
The
first order questioned the legality of the move made by
Lopez, Jesus Francisco, Felipe Alfonso, Christian Monsod,
Elpidio Ibañez and Francis Giles Puno to solicit proxy
shares and allegedly not declaring their validity. The
said order was issued based on a complaint lodged by
GSIS president and general manager Winston Garcia. GSIS
owns 25 percent of the utility firm.
The
second order, or the show-cause directive, meanwhile,
directed Lopez, Francisco and acting Meralco corporate
secretary Anthony Rosete to explain why they should not
be held in contempt for defying the first order.
Both
orders were penned by commissioner and officer in charge
Jesus Enrique Martinez.
For its
part, GSIS, upon learning of the motion for a TRO by
Meralco, filed with the CA on Thursday afternoon a
letter of request to reraffle the Meralco petition and
an urgent motion to defer any action pending the
reraffling.
“Men who
know the law should go to the higher authority and
question the SEC order. They can go, yes, but what I’m
saying is that they have already openly defied the order
of the SEC. They can go to the upper court and question
that validity. And until and unless that TRO is issued,
Meralco should follow the lawful order of the SEC,” said
Garcia in an interview. |