Atty. Victor Africa
SEC Opinion • Securities and Exchange Commission • Opinions • Jan 16, 1991
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January 16, 1991 Atty. Victor Africa Oceanic Wireless Network, Inc. Salcedo Village, Makati Metro Manila S i r : In connection with your letter of December 10, 1990 requesting reconsideration of the Commission's previous ruling not to intervene on the alleged installation of PCGG representatives in the Board of Directors of Oceanic Network, Inc. (OWNI), we would like to reiterate our earlier statement embodied in our letter dated November 6, 1990 advising you to file your protest or objection before the Sandiganbayan pursuant to Executive Order No. 14 dated May 7, 1986. It has to be emphasized that the Supreme Court had finally ruled in the Case of Eastern Telecommunications Philippines, Inc. (PCGG, et al. vs. Securities and Exchange Commission, et al., G.R. No. 82188, June 30, 1988) that the proper forum before which actions to challenge PCGG's acts or order in sequestration cases is the Sandiganbayan. The Supreme Court ruled, thus: ". . . Executive Order No. 14 . . . specifically provides in Section 2 that "The Presidential Commission on Good Government shall file such cases whether civil or criminal, with the Sandiganbayan which shall have exclusive and original jurisdiction thereof." Necessarily, those who wish to question or challenge the Commission's acts or orders in such cases must seek recourse in the same court . the Sandiganbayan, which is vested exclusive and original jurisdiction . The Sandiganbayan's decisions and final orders are in turn subject to review or certiorari exclusively by this court." (Emphasis supplied) cdlex Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman
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