A BATAAN COURT has dealt a major blow to the efforts of disgruntled stockholder Scott N. Sharpe to access the millions of pesos in the depository banks of Subic Bay Marine & Exploratorium, Inc. (SBMEI), operator of Ocean Adventure and Camayan Resort here in Subic Bay.

“The Urgent Omnibus Motion for: (1) Issuance of a Temporary Restraining Order; and (2) Writ of Preliminary Attachment are hereby DENIED,” said Judge Antonio Ray A. Ortiguera, presiding Judge of Regional Trial Court (RTC) of Bataan Branch 2, in rejecting the petition of the group of Sharpe.

“This is a victory not only for the real President & CEO Mr. Arthur D. Tai,” said Grace Espinosa, displaced manager of the SBMEI Human Resources Department (HRD), “it is also a victory for the some 300 employees who were displaced when the occupiers led by Sharpe forcibly took over SBMEI even without a court order or legal basis in February 2017.”

A scene during the April 3, 2017 confrontation of Ocean Adventure and Camayan Resorts employees belonging to the groups of embattled President & CEO Arthur D. Tai and disgruntled stockholder Scott N. Sharpe who initiated a “hostile” takeover of the facilities in February. The presence of PNP Special Action Forces (SAF) drew flak for “meddling” in an intra-corporate dispute, far from its mission and function of counter terrorism operations against local and international terrorist groups. (SubicBayNews file photo)

Presenting themselves as SBMEI, Sharpe alleged that he is chairman, president & chief executive officer (CEO), Gail Laule as treasurer and a certain Alfredo Alex S. Cruz as secretary, and asked the court in Civil Case no. 10643 to issue a Temporary Restraining Order (TRO) and Writ of Preliminary Attachment against the group of Tai.

Tai has not been able to function since Sharpe led a group of armed men in the forcible takeover of the theme park and resort, while he (Tai) was out of the country. Some 300 or so employees, around half of the workforce of Ocean Adventure and Camayan Resort who remain loyal to Tai, have been displaced, served with notices of either suspension or termination.

Sharpe alleges that they have constituted a new SBMEI board of directors and officers but Tai, Dr. Robert Braun, Loida Candaliza and Danilo Teria continue to represent themselves as officers of SBMEI.

The Board, led by Dr. Braun, has issued a declaration on April 7, 2017 giving full support to, and recognition of, Tai as the lawful and real President & CEO of SBMEI, and at the same time slamming Sharpe for his “illegal” occupation of Ocean Adventure and Camayan Resort.

According to Court records, a General Information Sheet (GIS) has been filed on February 20, 2017 with the Security & Exchange Commission (SEC) stating that the members of the Board of Directors of SBMEI are Braun, as Chairman, with Tai, Darlene Goff and Susan Walker as Board members. Candaliza is Corporate Secretary, while Teria is Treasurer.

Candaliza, based on the SEC GIS, allegedly claims that “only she and the other defendants can transact on behalf of SBMEI” with the company’s depository banks, prompting the banks to freeze the accounts, thus, the prayer for a TRO against Tai & company “to enjoin them from interfering and intruding into the business affairs” of Sharpe’s group.

Cruz of Sharpe’s group, “testified that the depository banks have refused any withdrawals…” depriving the group of “its right to manage its business through its validly chosen representatives, forced to apply for Corporate Rehabilitation and its transactions with government agencies will be hampered.’

Court records show that Candaliza “testified in her defense that she was appointed as Corporate Secretary” on November 9, 2016 but has been “designated by the Board of Directors of SBMEI as Acting Corporate Secretary since June 3, 2016.”

She also said “she caused the preparation and signed the GIS on November 28, 2016 and had the same filed with the SEC on December 1, 2016. An amended GIS was filed on February 22, 2017. She also testified that the Voting Trust Agreements (VTA) in favor of defendant Tai is the subject of a pending case before the Regional Trial Court of Olongapo City.

The Court reiterated “its finding that the nature of the controversy is intra-corporate.”

Acting on Sharpe & company’s application for a temporary restraining order, the Court limited itself to determine whether or not “great or irreparable injury would result to the applicant” before the matter of the preliminary injunction can be heard.

The Court found the arguments for the issuance of a TRO insufficient.

On the issuance of a writ of preliminary attachment of the shares of stocks of Tai and Braun to cover the payment of Attorney’s fees, Judge Ortiguera said in his Order “that plaintiff has not presented any valid ground for the issuance of the writ.”

“Despite the long and tedious process, we still believe the justice system will eventually favor us,” Espinosa said, “being on the right side, we have no qualms that Mr. Tai and his hundreds of employees, will obtain justice. Eventually we will be back,” she added, “we have needs and we have families, too.”

The employees have also filed ongoing cases against Sharpe in the Department of Labor & Employment (DOLE) National Labor Relations Commission (NLRC).

Meanwhile, the Subic Bay Metropolitan Authority (SBMA) is being criticised for its “inability to protect its locators from illegal moves by third parties.”

“It is an intra-corporate dispute but while ongoing, SBMA should continue to recognise the party which is legally on paper – the group of Mr. Tai,” said SBMEI Investor Relations Officer Wayne W. DeCamp III.

SBMA Administrator Wilma T. Eisma has said she intends to mediate between the contending parties and threatened to file an “interpleader” before the proper court to determine who has the right to remain and operate the SBMEI, its theme park and resort.

First Published: subicbaynews.net

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WASHINGTON (NNS) — The Navy will commission its newest Independence-variant littoral combat ship, the future USS Gabrielle Giffords (LCS 10), during a ceremony on Saturday, June 10, at 12 p.m. CDT on the waterfront in Galveston, Texas.

MOBILE, Ala. An aerial view of the future littoral combat ship USS Gabrielle Giffords (LCS 10) during its launch sequence at the Austal USA shipyard. The launch of the Gabrielle Giffords marks an important production milestone for the littoral combat ship program. (U.S. Navy photo)

The future USS Gabrielle Giffords, designated LCS 10, is named after former United States Rep. Gabrielle Giffords of Arizona’s 8th district.

Adm. William Moran, the Vice Chief of Naval Operations, will deliver the ceremony’s principal address. Dr. Jill Biden, wife of former Vice President Joseph Biden, is serving as the ship’s sponsor. In a time-honored Navy tradition, she will give the order to “man our ship and bring her to life!”

“The commissioning of USS Gabrielle Giffords adds the advanced capability of a versatile warship to our nation’s growing fleet,” said the Honorable Sean Stackley, acting Secretary of the Navy. “Today’s ceremony is also a testament to the skill and dedication of our nation’s remarkable shipbuilders, who will be remembered for decades to come as LCS 10 deploys around the world to protect our freedoms.”

The future USS Gabrielle Giffords is a fast, agile, focused-mission platform designed for operation in near-shore environments yet capable of open-ocean operation. It is designed to defeat asymmetric “anti-access” threats such as mines, quiet diesel submarines and fast surface craft.

The LCS class consists of two variants, the Freedom variant and the Independence variant, designed and built by two industry teams. The Freedom variant team is led by Lockheed Martin (for the odd-numbered hulls, e.g. LCS 1). The Independence variant team is led by Austal USA (for LCS 6 and the subsequent even-numbered hulls).

Each LCS seaframe will be outfitted with a single mission package made up of mission modules containing warfighting systems and support equipment. A dedicated ship crew will combine with aviation assets to deploy manned and unmanned vehicles and sensors in support of mine countermeasures, anti-submarine warfare or surface warfare missions. (From Department of Defense)

First Published: subicbaynews.net

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SUBIC BAY—Congressional Briefing isinagawa upang tuldukan ang bangayan sa liderato ng SBMA. Nagsagawa ng isang Congressional Briefing sa Subic Bay nitong Martes nang umaga ang ilang mga kongresista sa pamumuno ni House Speaker Pantaleon Alvarez at majority leader Rep. Rudy Farinas upang tuldukan ang sigalot sa liderato sa SBMA.

Ulat ni Lolito Ramada Go

Naroroon din sa pulong sina SBMA Chairman Martin Dino at SBMA Administrator Wilma Eisma sampu ng mga SBMA Directors at iba pang kawani ng naturang ahensya upang magbigay-linaw sa ilang usaping may kinalaman sa Freeport partikular sa liderato nito na nasasadlak pa rin sa kalituhan.

Kabilang sa mga mainit na tinalakay ay ang E0 340 na nalagdaan noong administrasyong Arroyo at ang RA 7227, o ang BCDA law na bumalangkas sa mga batas at panuntunan sa Subic Freeport. Magugunitang nagkaroon ng panibagong girian sa pagitan ni Dino at Eisma makaraang ilabas ni Dino ang kanyang Administrative Order no. 1 nito lang Mayo na layuning bumuo ng isang Task Force on Business and Financial Safety and Security. Bagay na tinutulan naman ni Eisma dahil aniya’y lagpas na ito sa kapangyarihan ng SBMA Chairman.

Sa panig naman ng mga kongresista, aminado si Rep. Farinas na mayroong pagkakamali sa EO 340 at hindi nito basta basta mababali ang RA 7227 na nagsasaad na ang SBMA Administrator ang itinatalaga ng pangulo at magiging ex officio Chairman ng Board of Directors.

Sa panayam ng SBC News kay SBMA Chairman Martin Dino sinabi nitong hindi sya nangangamba na matanggal sa pwesto at hangad nya ang pananaig ng batas sa naturang isyu. Hindi rin umano sya kapit-tuko sa pwesto at igagalang nya ang magiging desisyon ng pangulo.

Sa panig naman ni SBMA Administrator Eisma, sinabi nitong hangad nya na maresolba na rin ang naturang isyu iginiit nito ang kanyang kwalipikasyon bilang isang professional manager at sa huli ay itinaas ang kongreso ang isang Status Quo order sa SBMA. Ibig sabihin nito, wala munang maaring pirmahang mga kontrata o anumang transaksyon sina Eisma at Dino hangga’t hindi nabibigyan ng legal na remedyo ang kanilang tunggalian.

Nakatakda namang i-resume ang pulong sa kongreso sa darating Huwebes kaugnay pa rin ng naturang isyu.

First Published: Subic Broadcasting Corporation @ Facebook

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Subic Bay Freeport – Sam Betten came through with a hot performance on a cold, rainy Sunday to complete a golden treble in the Regent 5150 Triathlon here.

Pouncing on the relatively cooler conditions on a turf he’s familiar with, Betten left his challengers playing catch-up throughout the 1.5K swim, 40K bike, 10K run and reached home unmolested for his milestone three-peat.

Sam Betten winning his third Regent 5i50 title. Regent 5i50 / Facebook

Betten covered the wet course in 1:55:58, checking in nearly five minutes ahead of compatriot Mitch Robins (2:00:27), who settled for No 2 again. American Iain Alexandrinis (2:01:46) took third.

“I’ve never won a race three times in a row and to come here and do that, it’s pretty amazing,” said Betten, getting a loving hug from girlfriend Rebecca Ohlwein after crossing the finish line.

The 6-foot-4 Betten emerged from the waters of Acea Beach after 19 minutes, 57 seconds with Robins (21:30) and Alexandrinis (21:34) on his wake. Notwithstanding the rains that made the roads slippery, the Aussie out-pedaled his rivals and even added two minutes to his lead as they headed into the culminating run towards Remy Field.

“I felt really good out there. The heat wasn’t too bad so I didn’t have to push quite hard (than usual), which was really advantageous to me. If it were really, really hot, it would have been a different story,” said Betten, who’s developed a fondness for Subic, where he’s raced five times overall.

“Subic Bay is one of my favorite places in the world to come race in. I was lucky this year I was able to bring my girlfriend along to watch the race and enjoy Subic. For me, this is such a great triathlon location and it’s a dream come true to be able to dominate for three years in a row,” he said.

First Published: subicnewslink.blogspot.com

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The Subic Bay Metropolitan Authority (SBMA) and the Clark International Airport Corporation (CIAC) reaffirmed on Wednesday their partnership as global gateways to boost development in the Central Luzon region and to propel national economic growth.

Speaking during the CIAC 2017 Roadshow here, SBMA Administrator Wilma Eisma and CIAC President and CEO Alex Cauguiran expressed their continuing commitment to work hand-in-hand towards regional growth and outlined their vision for a more effective partnership.

CIAC President Alex Cauguiran (right) and SBMA Chief Marketing Executive Ronnie Yambao give “thumbs up” signs to show unity between the Subic and Clark free ports in undertaking their joint development roles for the Central Luzon region.

“President Duterte has always emphasized that he wants to connect Clark and Subic free ports in order to turn Central Luzon into a major logistics hub,” Eisma said in a message read by SBMA Chief Marketing Executive Ronnie Yambao. “And this is how it really should be.”

“As world-class gateways, Clark International Airport and the Port of Subic can and should serve as the twin turbo-engine of growth for Central Luzon, a super duo – if I may call it – that can help alleviate urban blights like vehicular traffic and port congestion in Metro Manila,” Eisma added.

Eisma also pointed out that by coordinating the operations of Clark airport and Subic seaport, CIAC and the SBMA can serve the needs of micro, small, and medium enterprises (MSMs), as well as large manufacturing industries in the region; spur growth in tourism and the MSMEs and big industries through the efficient movement of people, goods, and services to and from Central Luzon and other parts of the country; and create more employment and livelihood opportunities in the region.

“So as you can probably surmise, our only option is to work effectively, efficiently, and harmoniously together if we are to support and fulfill the President’s agenda for Subic and Clark,” Eisma added.

For his part, Cauguiran emphasized the need for a common development platform between Clark and Subic, as well as the nearby communities, so that they may fulfill their roles in the national development agenda.

“We are promoting not only Clark, but also Subic Bay and the provinces of Bataan and Zambales,” Cauguiran said, adding that this is in line with the vision of President Duterte to decentralize development and disperse growth to different regions in the country.

Cauguiran, who served as member of the Philippine panel that negotiated air service agreement with other countries in the world, said that as early as six years ago, he was already batting to maximize the use of the airports in Clark and Subic because the Ninoy Aquino International Airport in Manila was already overloaded.

“I said that we should open other airports,” Cauguiran recalled saying. “We should make (the Clark and Subic) airports night-rated, give them entitlement, develop their terminal, and develop their runway.”

“And I believe that the Subic Bay International Airport (SBIA) has entitlement to develop and fully utilize its airport because I always make sure that what will be put in the proposal will include not only Clark but Subic and other airports outside NAIA,” he added.

The Subic Bay Freeport and the Clark Freeport are now considered the prime catalysts of economic progress in Central Luzon and the biggest generators of livelihood opportunities for residents of communities devastated by the Mt. Pinatubo eruption in 1991 and the subsequent withdrawal of US military forces the following year from the former Subic Naval Base and Clark Airforce Base.

Because of this, Eisma likewise stressed that Subic and Clark “are not competitors, but members of the same national team.”

“As separate entities, we are no doubt expected to accomplish a lot, but together we are also expected to do much, much more,” the SBMA official said.

First Published: subicnewslink.blogspot.com

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