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THERE
are questions which the more curious investors would
probably ask but are too shy to ask regarding the
unusual surge in the price of certain stocks listed on
the Philippine Stock Exchange (PSE). Why is it that the
officers of these companies don’t know anything about
certain corporate developments that affect their prices?
Shouldn’t dramatic price surge and drastic decline be
seen as an indication that the stocks involved may be
the target of a buyout, backdoor listing, or may be
manipulation? Or is something cooking inside the board
rooms which may drive up prices? All this should merit a
closer look by the Philippine Stock Exchange and the
Securities and Exchange Commission (SEC). The exchange
may have the expertise but the SEC has lawyers and CPAs.
By tapping their examiners, the commission, in fact,
succeeded in documenting the alleged price manipulation
in the trading of BW Resources Corp. (BWRC), which, from
few centavos soared to over P100 per share many years
ago. (Banco de Oro Unibank Inc. still owns close to 20
of the outstanding shares of BWRC after it acquired and
merged with it Equitable PCI Bank.) It is also about
time the SEC reactivates or deputizes its people to see
how certain stocks behave erratically. This suggestion
for a more regulatory vigilance is only intended to
maintain the resurging investor confidence on the stock
market, the major factor for the market’s recovery from
a long slump.
****
For a
start, SEC chairman Fe Barin and the four commissioners
might want to task their CPAs and lawyers to find any
link between Pacifica Inc. and Wellex Group Inc., two
listed companies that recently figured in curious
upswings and downswings. Trading on
Pacifica remains suspended since
July 17,
2007, a day after it soared 466.666 percent to P0.17 on
July 16, 2007, from a low of P0.03 on July 2, 2007. In
contrast, Wellex, which is the corporate investment
vehicle of businessman and plastics king William
Gatchalian, closed at P0.75 on June 21, 2007 only to
drop 56 to P0.33 on July 3, 2007. How about its
performance between, before and after, these two dates?
Here are
more clues to regulators. Records show that Pacifica,
which faces some questions about the earlier price swing
which “insiders” attributed to a possible big-ticket
project in
Manila’s northern port, is dominated by that high-flying Cesar
Quiambao. Wellex, on the other hand, has been warned by
the PSE over the sale of a big block of shares by
plastics king William Gatchalian. Wellex has explained
this as a purely personal transaction. Is it? PSE
president Francis Ed Lim and chairman Barin and their
investigators are more in a position to make a proper
judgment.
****
Gatchalian is the majority stockholder of a number of
listed corporations. One of these is Philippine Estates
Corp. (PEC), which is in the middle of an Iloilo
controversy over a flood control project. PEC is among
the owners who want a mind-boggling P2.5 billion for
about 10 hectares of expropriated land. It reportedly
has the biggest compensation demand, at a sum higher
than the entire Philippine government’s counterpart fund
or investment in the P4.2-billion project!
There is
another firm that links these two gentlemen—Strategic
Alliance Development Corp, which has been facing a slew
of suits. Stradec is also facing several cases from
irate partners for the delay in some projects, including
those involving work with companies doing joint ventures
with yet another listed firm, the Philippine National
Construction Corp. (PNCC).
Quiambao
and Gatchalian were partners in the failed bidding for
PNCC six years ago. Gatchalian came into the consortium
via a Korean partner. Now Gatchalian is leading
Stradec’s legal charge against PNCC’s P6-billion
compromise agreement with Radstock Securities Ltd. That
agreement involves settlement in kind representing a
third of a P17-billion debt already ruled as legitimate
by the lower court. The case is now pending resolution
by the Supreme Court after the Court of Appeals has
ruled in favor of Radstock.
****
With all
these controversies, what happens to the sale by Stradec
of 13,443,007,558 class A common
Pacifica
shares consisting of 1,782,590,000 fully paid shares
and 11,660,417,558 partially paid shares? The block,
equivalent to 33.61 percent of Pacifica’s outstanding
shares, was sold to Multi-Tech Capital Inc. But a group
of Stradec stockholders told Lim in a letter dated July
17, 2007 that as the controlling owners, “Yuico et all
did not authorize any sale, conveyance or alienation of
any share of Stradec in Pacifica Inc.”
The
group said no less than the Supreme Court has recognized
them as Stradec’s legitimate officers in upholding their
election on March 1, 2004.
“For the
record, it is also not true that Quiambao is the
controlling stockholder of Stradec since the 20-percent
shares, which would have otherwise qualified him as
controlling stockholder of Stradec are subject of a case
now pending before the Regional Trial Court of Pasig
City ,” the Stradec stockholders told Lim. |