[G.R. No. 128606.June 18, 2001]
OF THE PHILIPPINES vs. SANDIGANBAYAN,
hereunder, for your information, is a resolution of this Court dated JUN 18 2001.
G.R. No. 128606(Republic
of the Philippines vs. Sandiganbayan, et al.)
This resolves the Motion
for Clarification filed by intervenor Victor Africa dated January 5, 2001.
On December 4, 2000, this
Court promulgated its Decision in this case denying the petition for review and
affirming the Resolutions of the Sandiganbayan dated December 6, 1996 and March
17, 1997 in Civil Case No. 0009. Subsequently, intervenor Africa filed the
aforesaid Motion for Clarification, praying that petitioner Republic's status
as shareholder of Eastern Telecommunications Philippines, Inc. (ETPI) be
clarified lest Petitioner take the Decision to mean that its right to the
shares has been upheld.
argued in his Motion for Leave to File comment-in-intervention that he had
filed a motion before the Sandiganbayan questioning the validity of the
acquisition by petitioner, through the Presidential Commission on Good
Government (PCGG), of the Shares of stock in ETPI. True, this Court's Decision
merely ruled that the PCGG failed to seasonably exercise its preemptive right
to the shares of Stock of ETPI, without squarely resolving the issue of whether
or not the PCGG, in the first place, validly became a stockholder of ETPI, for
the sample reason that said issue was not for this Court to pass upon. Consequently,
intervenor fears that the Decision might be construed as tacitly upholding the
PCGG's right as such stockholder.
ACCORDINGLY, the Motion for Clarification is GRANTED. The dated
December 4, 2000 should not be construed to mean that PCGG rightfully became a
stockholder of ETPI, said issue being within the competence and jurisdiction of
the Sandiganbayan to resolve.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court