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Writing ‘finis’ to a decision

   

IT is that kind of a decision by the Supreme Court that is punctuated by an emphatic phrase – "with finality."

The highest court of the land made that ruling last September 7 in ordering as to whose group is the valid board of directors of the Philippine Overseas Telecommunications Corp. and its fully-owned subsidiary, the Philippine Satellite Corp.

Actually, the first decision of the High Court on the issue was made last June 15 when it upheld the Sandiganbayan decision approving the compromise agreement that gave the government 35 percent ownership of POTC and Philcomsat.

Now the September 7 resolution dismissed with finality the motions for reconsideration filed by the PCGG and two companies stopping the implementation of aforementioned compromise agreement.

Viewed from all angles, this latest SC ruling affirms the legality of the board of directors of the two companies and management team led by Erlinda Bildner as chairman, and Victor Africa as president and CEO.

In the same manner that it sends a strong signal against the claim of a contesting group that it is the valid board in the two companies because it was elected in meetings where Independent Realty Corp. and Mid-Pasig Land Development Corp., both owned by Jose Y. Campos, voted the government shares in POTC and Philcomsat.

On those issues, the SC emphasized two things, among others:

1. On motions for reconsiderations – "devoid of merit."

2. "We were misled in issuing the TRO." The PCGG, IRC, and Mid-Pasig did not mention in their petitions the issuance that the compromise agreement had been partly implemented before they applied for TRO.

In view of the September 7 Supreme Court resolution, the validity of the POTC-Philcomsat stockholders’ meetings since September 2000 (and the election of the boards thereat) "beyond question," says POTC and Philcomsat President Victor Africa.

WRATH OF POWER. There is no mistaking – the critics only know too well – that they cannot have their cakes and eat them too. Those who provoke the seat of power will soon catch its ire.

Here are the casualties (and they are just the initial ones):

1. Juan Miguel Luz, DepEd USED for finance, one day found himself transferred to a division whose function is stranger to his expertise.

He earned the wrath of powers that be when he returned Palace-issued post-dated checks intended for a congressman from Zambales. Mike Luz happens to be the brother of the Makati Business Club Executive Director Bill who is an ardent "Resign-GMA’’ campaigner.

2. Bro. Eddie Villanueva, Jesus Is Lord Movement top minister, did not expect censure to befall him after several opposition personalities guested in the ministry’s anniversary at Rizal Park last week.

Now he has been ordered arrested by a Mandaluyong City RTC judge for estafa, and he wondered why only now when the original warrant was signed six months ago, April 4.

Informed of their minister’s pending arrest, Bro. Eddie’s brethren protested before Justice Secretary Raul Gonzalez who admonishes:

"Why not? Even Jesus Christ was arrested!’’

But the chatty Cabinet member did not say who, to his mind, is the present-day Judas.

3. Ex-NBI Director Sammy Ong, this time will find he has more reasons to remain in hiding. He has an inciting to sedition charge filed against him. And so a Makati City magistrate released a warrant for the arrest of the whistle-blowing former lawman.

Ong created a stir a few months back when he revealed in a hastily called press conference in Makati his possession of what he called an original taped conversation between the President and the missing former Comelec Commissioner Virgilio Garcillano.

4. Brig. Gen. Frank Gudani and Lt. Col. Alex Balutan, Philippine Marine officers, who may face a court martial. The two officers testified before the Senate Committee on National Defense on Gudani’s being mentioned in the "Hello, Garci’’ CDs on alleged election cheating and vote-buying in Mindanao.

The Marine officers also face the prospect of losing their retirement and separation benefits. All because they allegedly defied the controversial EO 464 banning executive officials and military men from appearing in congressional hearings without permit from the President.

5. Street protesters led by Rep. Satur Ocampo and Joel Villanueva, with Renato Constantino Jr. after being mauled and hit with truncheons, some demonstrators were hauled off to Manila police precincts where they were again punched and kicked before being charged for defying the "no permit, no rally’’ order of Malacañang and City Hall.

Indication of martial rule? Not yet. Griever clues may be forthcoming.





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