Megawide Construction : Update on Corporate Actions/Material Transactions/Agreements
March 28, 2022 at 01:01 am EDT
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SECURITIES AND EXCHANGE COMMISSIONSEC FORM 17-C
CURRENT REPORT UNDER SECTION 17
OF THE SECURITIES REGULATION CODE
AND SRC RULE 17.2(c) THEREUNDER
1. Date of Report (Date of earliest event reported) Mar 28, 20222. SEC Identification Number CS2004114613. BIR Tax Identification No. 232-715-069-0004. Exact name of issuer as specified in its charter Megawide Construction Corporation5. Province, country or other jurisdiction of incorporation Philippines6. Industry Classification Code(SEC Use Only) 7. Address of principal office No 20 N. Domingo Street, Barangay Valencia, Quezon CityPostal Code11128. Issuer's telephone number, including area code (02) 8655-11119. Former name or former address, if changed since last report Not Applicable10. Securities registered pursuant to Sections 8 and 12 of the SRC or Sections 4 and 8 of the RSA
Title of Each Class
Number of Shares of Common Stock Outstanding and Amount of Debt Outstanding
Common
2,013,409,717
Preferred
143,626,010
11. Indicate the item numbers reported herein Item 9
The Exchange does not warrant and holds no responsibility for the veracity of the facts and representations contained in all corporate disclosures, including financial reports. All data contained herein are prepared and submitted by the disclosing party to the Exchange, and are disseminated solely for purposes of information. Any questions on the data contained herein should be addressed directly to the Corporate Information Officer of the disclosing party.
Megawide Construction CorporationMWIDE
PSE Disclosure Form 16-1- Update on Corporate Actions/
Material Transactions/Agreements References: SRC Rule 17 (SEC Form 17-C) and
Section 16 of the Revised Disclosure Rules
Subject of the Disclosure
Conduct of Hearing for the Arraignment in Relation to the Alleged Violation of the Anti-Dummy Law Case
Background/Description of the Disclosure
On 05 November 2021, the following Directors and Officers of Megawide Construction Corporation ("Megawide"), in their capacity as Directors of GMR Megawide Cebu Airport Corporation ("GMCAC"), received the Joint Resolution of the Office of the Ombudsman (the "Resolution"):
a. Mr. Manuel Louie B. Ferrer - Executive Director, Infrastructure Development and Chief Corporate Affairs and Branding Officer of Megawide;
b. Mr. Jez G. Dela Cruz - AVP-Corporate Finance and Planning of Megawide;
c. Mr. Edgar B. Saavedra - President and CEO of Megawide; and
d. Mr. Oliver Y. Tan - Director of Megawide.
(the "Megawide Respondents")
The Resolution, issued on 20 July 2021, found probable cause against Steve Y. Dicdican ("Public Respondent"), Manuel Louie B. Ferrer, Edgar B. Saavedra, Oliver Y. Tan, Jez Dela Cruz, Srinivas Bommidala, P. Sripathy, Vivek Singhai, Andrew Acquaah-Harrison, Ravi Bhatnagar, Ravishankar Saravu, Michael Lenane, Sudarshan MD, Kumar Gaurav, Magesh Nambiar, and Rajesh Mandan ("Private Respondents") (collectively, the "Respondents"), who all allegedly acted in conspiracy with one another, for violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act. The Respondents allegedly acted with a common purpose and intention to allow foreign nationals to perform executive functions, particularly to manage and operate the Mactan Cebu International Airport in violation of the Anti-Dummy Law.
Prior to receiving the Resolution, none of the Private Respondents obtained or received any subpoena or order from the Office of the Ombudsman directing the submission of their respective counter-affidavits. As a result, the Private Respondents were not given the opportunity to present their defenses and participate in the preliminary investigation.
Subsequently, the Megawide Respondents filed a Petition for Review with the Department of Justice assailing the finding of probable cause.
Megawide, its Directors, and Officers maintain that they exercise good corporate governance and adhere to all applicable laws, rules, and regulations in al its dealings.
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We received information that the Warrants of Arrest were already issued by the Regional Trial Court of Lapu-Lapu City (the "RTC") against the Private Respondents, for the alleged violation of the Anti-Dummy Law. This is a procedural step to acquire jurisdiction over the persons of the Private Respondents, and is being addressed with the posting of bail.
It must be noted that the Megawide Respondents filed an Omnibus Motion with the RTC seeking the following:
1. judicial determination of probable cause;
2. quashal of the warrant of arrest if issued or if unissued, defer issuance; and
3. dismissal of the case for lack of probable cause and due process.
Despite the timely filing of such Omnibus Motion, the RTC proceeded with the issuance of the Warrants of Arrest.
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During the 28 March 2022 hearing for the arraignment of the Private Respondents in the case pending before the RTC, the Megawide Respondents entered a plea of "not guilty" to the alleged violation of the Anti-Dummy Law. Notwithstanding this arraignment, the Megawide Respondents recently filed a Motion to Quash stating that the Information does not allege an offense, given that the signing into law of Republic Act No. 11659, otherwise known as the Amended Public Service Act, has rendered the legal issue at hand moot and academic.
The RTC gave the public prosecutor a period of (10) days from the hearing date to file their comment/opposition to the Motion to Quash. Thereafter, counsel for the Megawide Respondents was given a period of five (5) days from receipt of the comment/opposition to file a reply. The hearing for the Motion to Quash is set on April 25, 2022.
We will diligently respond to this case in the proper fora and continue to abide by the judicial process.
Other Relevant Information
This is in relation to the Material Information/Transaction Disclosure dated 26 November 2021.
Filed on behalf by:
Name
Charlotte King
Designation
Legal Counsel
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Megawide Construction Corporation published this content on 28 March 2022 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 28 March 2022 05:00:04 UTC.
Megawide Construction Corporation is engaged in the general construction business. The Company's business includes constructing, enlarging, repairing, or engaging in any work on buildings, houses and condominiums, roads, plants, bridges, piers, waterworks, railroads and other structures. Its segments include Construction Operations, Landport Operations, and Real Estate Operations. The Construction Operations segment relates to the general construction business, including constructing and sale of precast items and concrete production and rental of construction equipment. The Landport Operations segment relates to the development and implementation of the PITX Project. It also performs other allied construction businesses, such as construction and sale of precast items, concrete production, and purchase sale and/or lease of formworks system and construction equipment. The Real Estate Operations segment relates to buying, selling, leasing, developing and managing real estate properties.