By
Mortz C. Ortigoza
MANDALUYONG CITY – The Board of Directors (BOD) of the Philippine Charity
Sweepstakes Office flirt with criminal and administrative charges if they will
not amend their resolution allowing Globaltech Mobile Online Corporation to
continue its operation in violation of the court order, a lawyer for an
Authorized Agent Corporation (AAC) of the Small Time Lottery of the PCSO cited.
Globaltech
runs the controversial Peryahan ng Bayan’s numbers betting game.
In an
opinion requested by a president of an AAC, a lawyer, who asked for anonymity,
opined on the decision of the Court of Appeals (CA) and PCSO Resolution No.
0059 that PCSO must issue an amended resolution revising the Resolution by
deleting the implementation of the Status Quo Ante Order (SQAO) in favor of
Globaltech.
| Board of Directors of the Philippines Charity Sweepstakes Office. Clockwise from left: Chairperson / OIC-General Manager Anselmo Simeon P. Pinili; Members of the Board Marlon U. Balite, Sandra M. Cam, and Ramon Ike V. Señeres. |
The lawyer said that PCSO should resolve to authorize the filing of a motion
for execution before the RTC to execute the directive for Globaltech to post a
bond equivalent to Php 50, 336, 029 as based on RTC order in April 24, 2017. He
added that PCSO will submit itself to arbitration conformably with the terms of
their written agreement and A.M No. 07-11-08-SC or the Special Rules of Court
on Alternative Dispute Resolution as Court of Appeals’ decision in January 14,
2019.
The
lawyer said that failure of the PCSO to obey the CA will make the members the
BOD liable for possible sanctions.
He
cited these penalty and punishment are contempt of court to administrative and
criminal prosecution and conviction under the Anti-Graft and Corrupt Practices
or Republic Act 3019.
The lawyer explained that the BOD through Resolution No. 0059 Series of 2019 relies
solely on the opinion of the Office Government Corporate Counsel (OGCC) that
the SQAO was immediately executory from the Regional Trial Court’s Order of May
17, 2016 and the PCSO was obliged to implement it.
He
explained that the OGCC and the PCSO trimmed the
interpretation of the whole disposition.
“So must the RTC Order dated 17 May 2016, which cannot be read in isolation
and should be understood together with the RTC Orders dated October 11, 2016
and April 24, 2017, which were all affirmed by the Court of Appeals,” the
lawyer explained.
Recall that both PCSO and Globaltech filed with each other at the CA a Petition
for Certiorari under Rule 65 of the Rules of Court.
Docketed
as CA-G.R. SP No. 151727, PCSO assailed the orders dated May 17, 2016, October
11, 2016, and April 24, 2017 of Judge Nicanor A. Manalo of Regional Trial Court
Branch 161 in Pasig City.
Docketed
as CA-G.R. SP No. 154056, Globaltech blasted the order dated October 13, 2017
of the same judge.
In a
decision rendered by the Court of Appeals in January 14, 2019, it dismissed
both petitions.
In the October 11, 2016 order, the RTC modified its decision on May 17, 2016 by
directing the PCSO to suspend its Notice of Termination to Globaltech, to
observe the SQAO and send PCSO representatives to draw centers of the plaintiff
daily to conduct the Peryahan ng Bayan’s game.
“Where premises considered, the instant motion is partially granted and the
subject Order dated May 17, 2016 is modified as follows: 1. The plaintiff is
directed to pay defendant-movant the amount of Php50, 336, 029. 73 within thirty
(30) days from receipt hereof; 2. The Plaintiff is directed to post an
additional amount of Fifty Million (Php50,000,000.00) upon compliance with the
above; 3. Thereafter, upon payment of Ph50,336,029.73 and the posting of the
additional bond amounting to Fifty Million (Php50,000,000.00), the parties are
directed to submit the issue/dispute controversy for arbitration in accordance
with the terms of the arbitration clause specified in the DOA. The parties are
directed to submit to this Court within thirty (30) days the status of the
arbitration proceedings initiated by them. The Order dated May 17, 2016
directing the suspension of the notice of termination dated February 19, 2016
is in the meantime deferred till after the result of the arbitration proceedings”.
The
lawyer said PCSO no longer need to obey the SQAO because of the changes in the
October 11, 2016 order of the RTC.
The
lawyer cited that the penultimate April 24, 2017 order of Judge Manalo neither
reinstated the SQAO when it modified the October 11, 2017 Order nor set aside
the deferment of the suspension of the PCSO’s notice of termination on February
19, 2016.
The
April 24, 2017 order stated:
“Wherefore,
premises considered, the assailed Order dated October 17, 2016 is hereby
modified. Plaintiff is directed to post a bond equivalent to the amount of
Php50, 336, 029.73. Meantime, send the instant case to the Arbitration Court
for immediate arbitration to determine the rights, interests and obligations of
the parties once and for all pursuant to their contract (DOA)”.
In October 13, 2017, the RTC on its last order denied for lack of merits
Globaltech’s motion to issue a Writ of Injunction on the basis of the alleged
refusal of the PCSO to arbitrate and to observe the SQAO.
The
lawyer summed up the judicial directives for Globaltech to post a bond
equivalent to the amount of Php50, 336, 029.73 as per RTC Order dated April 24,
2017 and the parties to immediately submit themselves to arbitration
conformably with the terms of their written agreement and A.M. No. 07-11-08-SC
or the Special Rules of Court on Alternative Dispute Resolution as per Court of
Appeals’ decision dated January 14, 2019.
“Neither can the OGCC rely on the portion of the Court of Appeals decision
discussing the validity of the SQAO. Despite the discussion of the Court of
Appeals did not reinstate the SQAO in the dispositive portion of its decision.
Had the Court of Appeals intended to extend the relief contained in the SQAO to
Globaltech, it would have been easy for it to state so. It did not”.
The
lawyer called the PCSO to amend Resolution No. 0059 by striking out the
necessity of SQAO and instead for Globaltech to post the Php50, 336, 029. 73
bond.
This
amount is exclusive of the Php50, 336, 029.73 that remain an unpaid obligation
of Globaltech in the October 17 decision of the RTC.
PCSO
said that the defendant has an unremitted obligation to the former by P50, 290,
447.96 as of December 10, 2015 that caused PCSO to terminate Globaltech’s Deed
of Authority (DOA).
