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By Likha C. Cuevas-Miel, Reporter
Despite a temporary restraining order issued by
the Court of Appeals, the Government Service Insurance System (GSIS)
said it still wants the Securities and Exchange Commission (SEC) to
proceed with hearings on a cease-and-desist order against the
management of the Manila Electric Co. (Meralco).
On the sidelines of the Anvil Business Club
forum on Friday, Winston Garcia, the GSIS president and general
manager, said the restraining order does not prohibit the SEC from
conducting the hearings on the cease-and-desist order, and
therefore, these should not have stopped.
“The TRO restrains the enforcement of the
cease-and-desist order that has already been served. It is a useless
TRO because you cannot restrain something that has already been
done. We have already filed a motion to proceed with the hearings
[before] the SEC,” Garcia added.
He said proceedings must not be restrained
because the restraining order
did not bar the hearing of the petition but only
that of the cease-and-desist order.
Based on the order that the appellate court
issued, a status quo must be maintained for 60 days from “service
of notice, restraining, enjoining and prohibiting respondents, their
representatives . . . from proceeding [with] and causing the
implementation of the undated SEC cease-and-desist order and the SEC
show-cause order dated May 27, 2008.”
The GSIS chief also questioned the credibility
of the case’s ponente, Court of Appeals Associate Justice Vicente
Roxas. He moved for Roxas’ inhibition.
Garcia alleged that the associate justice has
been involved in at least two administrative cases before the
Supreme Court. He added that Sen. Juan Ponce Enrile has documentary
evidence against alleged wrongdoings of Roxas.
Garcia and his legal team are seeking the
removal of Roxas, not because he has been involved with the Lopezes,
owners of Meralco, but because “this ponente has certain things to
explain.”
Last week, Estrella Elamparo, the GSIS chief
legal counsel, said the state pension fund has asked for the
re-raffling of the case because “we heard that it did not go
through the regular raffling of cases” but a special raffle was
held instead. She added that GSIS had hear rumors that the ponente
was “talking with some Meralco lawyers.”
The GSIS has filed a motion with the appellate
court to lift the temporary restraining order. The motion reiterated
the state pension fund’s stand that the SEC has jurisdiction over
the case against the Meralco management.
The Makati Business Club also earned the ire of
Garcia for reportedly calling the government and the GSIS as
irresponsible and immature.
“The officials of this [business club] have
been so consumed with hatred [for] this administration that they
have lost their sense of impartiality. Before they condemn a person
or institution, they should first hear the side of that institution
before condemning anyone,” he said.
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