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Thursday, May 22, 2008

 

BIZZ FIZZ
By Rene Martel
The legal maze that is Philcomsat


THOSE of us who in the course  of our work have to try and comprehend the workings of government-owned or -controlled corporations can be forgiven if sometimes we come to the conclusion that embarking on a search for the Holy Grail would be a far easier quest.

And there is no better case in point than the convoluted legal tangle—with two sets of boards each with their own allegedly legitimate claims to be the ascendant party, and with dominant personalities and influential backers from both sides thrown into the heady brew—that has been playing out for several years at Philcomsat Holdings Corporation (PHC).

To rewind the PHC saga (for some points pertinent to the company appear to have been lost in the legal brouhaha), Philcomsat was once the leading satellite communications entity in the Philippines. But that was in the time of the conjugal dictatorship, and soon after the fall of the Marcos regime, the Presidential Commission on Good Government (PCGG)-instigated corporate free-for-all (circa 1986) saw the majority chunk of PHC shares sequestered on the basis that they were from the proceeds of ill-gotten wealth.

Since then the Sandiganbayan has ruled that 35 percent of the sequestered stake belonged to the state and the balance 5 percent to Potenciano Ilusorio who happened to be one of the shareholders from whom the stock had been originally sequestered.

With some of the other shareholders still contesting the rights to their shares, PHC has been embroiled for over a decade in legal wonderland—with the respective directors meeting more often in the courtroom than the boardroom.

So when we bumped into one of the leading players on the government side of the company, former PHC chairman but now its vice president Enrique Locsin, at a cocktail reception, we asked him the latest on the Philcomsat front.

With his eyes rolling heavenwards as if to indicate that only divine intervention would bring about a resolution, Locsin pointed out that he now almost feels like a lawyer. “I spend so much of time with lawyers and in weighty discussions on legal matters that I’m almost thinking about taking up law since I seem to have unwittingly gathered so much legal knowledge,” he says somewhat in jest, though the comment is riddled in irony.

But on a more serious note he added: “What really baffles me is the amount of stuff that gets out into the public domain about Philcomsat, and most of which is completely fabricated.

“Just recently there was a media story that a check for P1 million allegedly made out to the PCGG was facilitated by me with my initials appearing on the check stub. But frankly, I had no hand in any such transaction and have no idea whatsoever how it came about. So it’s really incredible how these baseless allegations come up.”

He added: “But, of course, I have my suspicions how my name came to be involved in that issue and I am investigating the matter and it may well be the subject of future legal action.”

Locsin makes the defiant stand that he is a fighter. “If anyone makes false accusations against me then I will definitely go to the courts and fight them,” he said. “I will never allow my integrity and reputation, and that of my family, to be destroyed.”

Meanwhile, the PHC saga makes its laborious way through the corridors of jurisprudence. And we hazard a guess that some among the battery of lawyers trying to negotiate the legal maze must sometimes think that a search for the Holy Grail might really be much easier. Though, to be sure, not that lucrative!

E-mail: bizzfizz_98@yahoo.com

  
 

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