- Written by Administrator
by: Rey E. Requejo 06/28/12
The chief state counsel has agreed with the interpretation of the Supreme Court of the term “capital” in the constitutional provision, which limits foreign ownership of domestic public utilities to 40 percent.
Solicitor General Francis Jardeleza stressed that the Court’s June 28, 2011 ruling was consistent with the constitutional mandate for the “Filipinization of public utilities,” despite warnings that the court’s ruling would have alleged catastrophic consequences on the country’s economy if it is sustained.
- Written by Super User
By Michael Punongbayan (The Philippine Star) Updated February 17, 2011 12:00 AM
MANILA, Philippines - The Office of the Solicitor General (OSG) maintained its position yesterday that the plea bargaining agreement entered into by prosecutors of the Office of the Ombudsman and former military comptroller Carlos Garcia is very disadvantageous to the government and should be junked by the Sandiganbayan.
In a 78-page consolidated reply to the comments and oppositions filed by the Office of the Special Prosecutor (OSP) and the accused to a motion for intervention which ultimately seeks to nullify the deal, Solicitor General Jose Anselmo Cadiz insisted on the illegality of the controversial agreement.
The OSG reiterated its position that the offended party in the Garcia plunder case is the Republic of the Philippines, whose consent “is absolutely necessary to the validity of the plea bargain agreement.”
Cadiz said the Sandiganbayan second division’s resolution dated May 4, 2010 virtually approving the PBA “suffers from incipient fatal infirmities; hence, it is null and void and all the actions undertaken by the OSP and accused Garcia pursuant thereto have likewise no legal effect.”
The OSG was referring to how the deal, despite the anti-graft court’s explanation that it has yet to approve the same, has already allowed the surrender of Garcia’s alleged ill-gotten assets worth around P135.4 million only and how the anti-graft court has allowed him to plead guilty to lesser offenses pursuant to the conditions set by the plea bargain.