While the appeal regarding Rappler’s revocation of its corporate registration is still pending before the Court of Appeals, Kilusang Bagong Lipunan senatorial bet, lawyer Larry Gadon insists the Security and Exchange Commission’s decision to revoke it, is in itself enough to put an end to Rappler’s business.
In a series of statements released to the media, Gadon explains the revocation of the corporate registration of Rappler “due to violation of the constitution against foreign ownership is already final and conclusive as the Court of Appeals has no jurisdiction to overturn the SEC because the approval or denial of a corporate registration is a regulatory power of the SEC.”
Using an application for a driver’s license as an application Gadon says that if an applicant does not comply with the requirements, if it is not compliant to the laws then the SEC cannot be compelled to grant registration .
“Can the Court of Appeals order the LTO to grant a license to someone who does not know how to drive?” Gadon asks.
“Can the Court of Appeals compel the Phil Professional Regulatory Commission to grant a license to a doctor who failed the board exams? Of course not, because they are exercising a regulatory power,” he adds.
The CA, Gadon says, may only acquire jurisdiction on matters involving intra-corporate disputes between and among stockholders but not on the power of the SEC on regulatory matters .
“So when the SEC revoked the registration of Rappler, it is what it is. Revoked as it does not exist anymore. Hence, it is not subject to appeal. They have to re-apply,” according to Gadon.
The appeal before the CA, therefore, Gadon says, is merely a piece of paper.
“The revocation of a corporate registration is not like a criminal or civil case which if appealed before the CA and SC does not attain finality pending appeal. The SEC registration is not a case , it is a regulatory power of the SEC,” he stressed.
In view of such, the KBL senatorial bet says the memorandum of agreement entered into between the Commission on Elections and Rappler is void because Rappler has no legal personality to enter into contracts.
Good point, Atty. Larry.
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Warning on solicitation scam.
Scammers know no off-limit grounds. Even government offices are not safe from these crooks.
Public Works and Highways Secretary Roger Mercado yesterday warned the public to be wary of unscrupulous persons who are soliciting money in the name of the officials of the department in exchange for projects.
In an advisory released this morning, DPWH Secretary Roger G. Mercado disclosed reports that “some people are peddling DPWH projects under the 2022 General Appropriations Act.”
“Since I assumed office, I have emphasized time and again that under my watch, I will not tolerate any shenanigan in the Department. This is my personal commitment to the anti-corruption policy of the Duterte administration,” said Mercado.
Mercado has urged the public to directly report to his office Tel. (02) 5304-3201 “any person who uses my name, my office or the Department in soliciting money in exchange for projects or any form of transaction at the DPWH.”
“Let this also serve as a warning to all officials and employees of the DPWH. I shall not spare anybody who engages in any form of corruption,” Mercado said.
Mercado issued the warning as reports reaching the Office of the Secretary showed that some individuals and groups, posing as DPWH representatives or even officials, were soliciting money from contractors and businessmen and conducting fund-raising activities for certain candidates in the 2022 elections.
“Our office has no campaign fund-raising activity nor has given permission to anyone under the Office of the Secretary, the Regions and Districts, to engage in illegal money solicitation,” Mercado said.
Aside from those peddling DPWH projects, Mercado should also go after those crooked public works officials who have this habit of repairing even well-maintained roads especially when their tour of duty is about to end. Pabaon daw, sab inga nila.
Mercado can ask my friend Pat Santos. He has his own personal experience regarding this matter.