This case has been cited 3 times or more.
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2015-12-16 |
PERLAS-BERNABE, J. |
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| Recognizing that the petition is hinged on an important constitutional issue pertaining to the right of suffrage, the Court views the matter as one of transcendental public importance and of compelling significance. Consequently, it deems it proper to brush aside the foregoing procedural barriers and instead, resolve the case on its merits. As resonated in the case of Pabillo v. COMELEC,[59] citing Capalla v. COMELEC[60] and Guingona, Jr. v. COMELEC:[61] | |||||
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2015-12-08 |
VELASCO JR., J. |
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| In Pabillo v. COMELEC,[60] the Court held that the "existing laws" adverted to in the provision is none other than RA 9184. The law is designed to govern all cases of procurement of the national government, its departments, bureaus, offices and agencies, including state universities and colleges, government-owned and/or-controlled corporations, government financial institutions and local government units.[61] It mandates that as a general rule, all government procurement must undergo competitive bidding[62] and for purposes of conducting the bidding process, the procuring entity convenes a BAC. | |||||
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2015-12-08 |
VELASCO JR., J. |
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| NAME NATIONALITY AND CURRENT RESIDENTIAL ADDRESS SHARES SUBSCRIBED AMOUNT PAID TYPE NUMBER AMOUNT % OF OWNERSHIP 1920 Business Inc. Common 135,599,997 135,599,997.00 60% 677,999,997.00 Filipino "A" King's Court 2, 2129 Don Chino Roces Ave., Makati, Metro Manila TOTAL 135,599,997 135,599,997.00 Smartmatic International, Corp. Common 90,399,998 90,399,998.00 40% 451,999,998.00 Barbadian "B" 4 Stafford House, Garisson St., Michael, Barbados TOTAL 90,399,998 90,399,998.00 Juan C. Villa, Jr. Common 1 1.00 0% 1.00 Filipino No. 74, Jalan Setiabakti, Damansara Heights, Kuala Lumpur TOTAL 1 1.00 Jacinto R. Perez, Jr. Common 1 1.00 1.00 Filipino "A" 1211 Consuelo St., Singalong, Manila TOTAL 1 1.00 Alastair Joseph James Wells Common 1 1.00 0% 1.00 British "B" 1405 Spanish Bay, Bonifacio Ridge, 1st Avenue, Bonifacio TOTAL 1 1.00 Global City, Taguig Marian Ivy F. Reyes-Fajardo Common 1 1.00 0% 1.00 Filipino "A" 71-B Tindalo St., MonteVista, Subdivision, Marikina Total 1 1.00 Salvador P. Aque Common 1 1.00 0% 1.00 Filipino "A" 2250 P. Burgos, Pasay City Total 1 1.00 Applying the control test, 60% of SMTC's 226,000,000 shares, that is 135,600,000 shares, must be Filipino-owned. From the above-table, it is clear that SMTC reached this threshold amount to qualify as a Filipino-owned corporation. To demonstrate, the following are SMTC's Filipino investors: NAME OF SHAREHOLDER TYPE OF SHARE NUMBER OF SHARES 1920 Business Inc. Common "A" 135,599,997 Juan C. Villa, Jr. Common "B" 1 Jacinto R. Perez, Jr. Common "A" 1 Marian Ivy F. Reyes-Fajardo Common "A" 1 Salvador P. Aque Common "A" 1 TOTAL 135,600,001 Indeed, the application of the control test would yield the result that SMTC is a Filipino corporation. There is then no truth to petitioners' claim that SMTC is 100% foreign-owned. Consequently, it becomes unnecessary to confirm this finding through the grandfather rule[119] since the test is only employed when the 60% Filipino ownership in the corporation is in doubt.[120] In this case, not even the slightest doubt is cast since the petition is severely wanting in facts and circumstances that raise legitimate challenges to SMTC's 60-40 Filipino ownership. The petition rested solely on petitioners' vague assertions and baseless claims. On the other hand, SMTC countered by furnishing the Court a copy of its GIS providing its shareholders' stock ownership details, and by submitting a copy of its AOI, which reserved all of SMTC's 135,600,000 class A common shares to Filipinos[121] in a bid to guarantee that when all of its shares are outstanding, foreign ownership will not exceed 40%. | |||||