July 19, 2022
Dear EFRAIM DIONISIO,
Greetings!
Thank you for your request dated Jun 05, 2022 02:57:22 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Please be informed that the Philippine Stock Exchange (PSE) is a self-regulatory organization separate and distinct from the Securities and Exchange Commission.
According to records, Abra Mining and Industrial Corporation (“Abra” or the “Company”) engaged in the trading of unissued and unlisted shares in contravention to PSE’s rule that only securities approved for listing should be lodged with the Philippine Depository and Trust Corp. (PDTC). As a result, PSE, in close coordination with the Commission, has decided to suspend the trading of Abra shares until the matter has been resolved by the Company.
Under Section 22 of the Revised Corporation Code, the board of directors or trustees of a corporation shall exercise the corporate powers, conduct all business, and control all properties of the corporation. As such, this Commission is without authority to take control of the business management of Abra.
Should the stockholders wish for the Corporation to conduct a meeting to address the concerns of the Corporation, a Petition for Calling of Meeting pursuant to Section 49 of the RCC, may be given due course by the Commission provided that the following requisites are present and alleged:
a. It must be signed and verified by one of the stockholders/members or members of the board of directors/trustees of the particular corporation;
b. It must state the principal place of business or postal address where the corporation and its board of directors/trustees may be served with summons and/or other processes;
c. It must state the names of the board of directors/trustees;
d. It must allege the non-holding of regular annual stockholders meeting and the reasons therefore which shall be reported to the Commission within thirty (30) days from the date of the scheduled election;
e. It must state the failure to reschedule the meeting, and its relevant dates, and attach the pertinent documents;
Please attach a copy of the association’s Articles of Incorporation, By-Laws, Proof of Membership, and other relevant documents.
Lastly, the appropriate docket fees should be paid to enable us to acquire jurisdiction over the matter subject of the Petition.
Please note that the process for filing the petition is provided under the Citizen's Charter (No. 7 under Office of the General Counsel, External Services, page 51). For your convenience, the process is summarized as follows:
1) Present a copy of the petition with supporting documents in a sealed envelope which shall be left at the designated place provided by the Office. In compliance with public health standards for the mitigation of the COVID-19 threat, the documents received by the OGC shall be subject to sanitation procedures. A copy of the petition or appeal memorandum with supporting documents may also be sent through email to
[email protected] for an initial assessment.
2) The Officer of the Day (OD) at the Office of the General Counsel shall assess the completeness of the petition and provide instructions in the OD slip. If complete, the petition will be received for endorsement and proper action;
3) The Client shall also be advised for the payment of the filing fee in the amount of PHP 3,030.00.
4) Should the Client wish to proceed with its request, the OGC shall send a copy of the Payment Assessment Form (PAF) for payment.
5) Upon receipt of the PAF, the Client shall print the form and proceed to pay the assessed amount at any of the SEC Cashiers located at the following areas: SEC MAIN OFFICE – CASHIER Location: Ground Floor, Secretariat Building, PICC Complex, Roxas Boulevard, Pasay City Telephone No.: (02) 8-818- 5825 SEC ORTIGAS – CASHIER Location: SEC Ortigas Building, Ground Floor, EDSA, Mandaluyong City Telephone No.: (02) 8-584- 9772.
6) A copy of the official receipt shall be sent to
[email protected] as proof of payment. The original copy of the official receipt or deposit slip may also be sent to OGC’s office via walk-in, registered mail, or any other private courier.
7) Upon receipt of the proof of payment, the OGC shall proceed with the docketing and raffling of the petition or memorandum of appeal. The Client shall receive an update on the requested service.
If the petition would be filed in person, there should be six (6) original copies. The BOD may be provided with original or photocopies of the petition as agreed upon.
We hope this clarifies.
Sincerely,
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Atty. Romuald C. Padilla, General Counsel via
, . Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Romuald Padilla
FOI Receiving Officer
