SC FINDINGS AND RECOMMENDATIONS

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the matter of appropriate valuation procedures for suchtransfers of assets shall be determined by the Committee.…SECTION 23. MECHANICS OF TRANSFER OF ASSETS.As soon as practicable, but not later than six months from thedate of the issuance of this Proclamation, the President, actingthrough the Committee on Privatization, shall identify such assetsof government institutions as appropriate for privatization anddivestment in an appropriate instruments describing such assetsor identifying the loan or other transactions giving rise to thereceivables, obligations and other property constituting assets tobe transferred.The Committee shall, from the list of asset deemed appropriatefor divestment, identify assets to be transferred to the Trust or tobe referred to the government institutions in an appropriateinstrument, which upon execution by the Committee shallconstitute as the operative act of transfer or referral of the assetsdescribed therein, and the Trust or the government institutionmay thereupon proceed with the divestment in accordance withthe provisions of this Proclamation and guidelines issued by theCommittee.Based on the statutory provisions above, the assets should have been identified by theCommittee on Privatization and then transferred to the Asset Privatization Trust (APT) orreferred to the proper government institutions to constitute as an operative fact of transfer orreferral. The APT should then proceed with divestment. However, it appears that thedisposition did not pass the Committee on Privatization. The PCGG representative testifiedthat the prescribed process was not observed:REP. M.T. DEFENSOR. …Mayroon ho kayong ProclamationNo. 50, iyan po ba ay pumasok sa regulasyon ng batas?PCGG COMMISSIONER AGBAYANI. ‘Yung pag dispose pong equipment na ‘yan. Kung inaamin po ng ABS-CBN na iyan poay part noong agreement nila na ibinalik sa kanila ng gobyerno,based sa Proclamation No. 50 which regulates the disposal ofassets of government, hindi po nasunod iyon. Hindi po dumaanang disposal of assets through a regular procedure at the assetswere disposed of through the Executive Secretary during thattime. Normally po sa PCGG, kapag ‘yung sequestered asset ay nalift then the ownership of the sequestered asset is transferred tothe National Government, the PCGG for example, we will selland dispose this asset through the Committee on Privatization.Centralized po kasi ang disposal ng asset… In the case of ABS-CBN in 1992, the law that governed the disposal during that timewas the Committee of Privatization…REP. M.T. DEFENSOR. Kaya nga po, ang nangyari po sa inyo,ang mga equipment na ito, bigla nalamang nawala sa inyo na hindisinusundan ‘yung proseso na gumagabay sa inyong ahensya atibinalik lang sa ABS-CBN nang hindi dumaan sa tamang proseso?12
PCGG COMMISSIONER AGBAYANI. Based po sa recordsnamin, hindi ho narecord ‘yung proseso na ‘yan. Bigla nalangnawala. Wala hong record sa amin na ‘yan ay binenta at angproceeds ay binigay sa amin. Hindi po dumaan sa regularprocedure. 39It is curious why the arbitration proceedings between the Cory Aquino Administration andABS-CBN immediately presupposed ABS-CBN’s ownership over its properties purportedlysequestered during Martial Law, and merely focused on the compensation purportedly due toABS-CBN. More curious still is the apparent haste of the Cory Government to give due courseto the request of ABS-CBN’s immediate return of its properties without observing the regularprocedure prescribed by the Presidential Commission on Good Government which governsthe return of sequestered properties. Under the required procedure, ABS-CBN had the burdento prove that it is absolute owner of the properties sought to be returned to it by thegovernment.ABS-CBN’s submission of a copy of its Transfer Certificate of Title covering its MotherIgnacia property where its main broadcast station and transmitter are located only raised morequestions. During the interpellations, it was pointed out that said TCT has no actual record inthe Register of Deeds:REP. MARCOLETA. Mr. Chair, ganito po, dahil sa kagustuhankong makakita man lang kahit isa, ang ginawa ko po ay kumuhaako ng certified electronic copy sa…sa opisina po ng Register ofDeeds ng Quezon City ngayong umaga, Mr. Chair. Nagtakapo ako bakit ang naibigay po sa akin ay owner’s duplicatecertificate. Ang inaasahan ko po kasi, Mr. Chair, ang makukuhako ay isang original copy which is written on the left side of thetitle itself. Hindi po ganun ang nangyari. Ang ibig pong sabihinnito, iyong titulong ipinadala sa atin, iyong 125702, does notappear in the registry file of the Register of Deeds. It is notextant. Meaning to say, it’s not there. Kasi po kung iyon aynandoon, ang nakuha ko po sana is an original copy, hindi poowner’s duplicate copy na kagaya po ng nakuha at binigay na saatin.Pangalawa po, Mr. Chair, mayroon pong nakalagay ritong parangProvisional Registration 9690. Ang nakakapagtaka po rito, Mr.Chair, if we are guided by the date of this title which wassubmitted to us before by ABS-CBN, ito po ay dated December26, 1967. Kung talaga pong ito ay for reconstitution, Mr. Chair,bakit hindi po naka-annotate iyong facts of a pendingreconstitution? Kung talagang totoo, dapat naka-annotate dito sapahina ng titulo. Wala po iyon, Mr. Chair. At the very least, kungmakikita po natin na pending reconstitution ang title, nakalagaypo iyong, let’s say, iyong court number, iyong file number andother facts associated by this. Wala po.39TSN of the 17 June 2020 hearing.13
Page 1 and 2: FINDINGS AND RECOMMENDATIONSThe Sup
Page 3 and 4: SECTION 11. (1) The ownership and m
Page 5 and 6: There is a cloud ofdoubt on Mr. Lop
Page 7 and 8: 5) When ABS-CBN Holdings applied fo
Page 9 and 10: Congress shouldn’t indirectly all
Page 11: 18 th Congress, and this Committee
Page 15 and 16: both ABS-CBN and NTC concede that t
Page 17 and 18: encrypted channels therein and the
Page 19 and 20: any person, firm, company, corporat
Page 21 and 22: VII. FAILURE TO REGULARIZE ITS EMPL
Page 23 and 24: workers. 81 The cases filed, decide
Page 25 and 26: · 19 May 2009 ABS-CBN Hungary inco
Page 27 and 28: taxes. Other incentives include exe
Page 29 and 30: News articles stated that a Comprom
Page 31 and 32: Propriety of Big Dipperas a PEZA-Re
Page 33 and 34: Tax avoidance, while legitimate, ca
Page 35 and 36: privilege, and not a right, and mus
Page 37 and 38: advertisement and one hundred eight
Page 39 and 40: FINDINGS AND RECOMMENDATIONSABS-CBN

SC FINDINGS AND RECOMMENDATIONS

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