OGCC tells PCSO to comply with CA ruling on ‘Peryahan’
Credit to Author: eestopace| Date: Wed, 27 Feb 2019 11:11:41 +0000
MANILA, Philippines — The Office of the Government Corporate Counsel (OGCC) has ordered the Philippine Charity Sweepstakes Office (PCSO) to follow the decision of the Court of Appeals decision to allow the Peryahan Ng Bayan numbers game to proceed, pending the resolution of the legal dispute involving their terminated contract.
“PCSO has to immediately comply with the CA’s directive; otherwise, the Board of Directors is vulnerable to indirect contempt,” read the legal opinion signed by Assistant Government Corporate Counsel Efren Gonzales.
The OGCC, through Gonzales, said the PCSO must “continue sending a representative daily to the draw centers of Globaltech for the conduct of the Peryahan Games,” which the agency has reportedly defied.
Last Jan. 15, the CA affirmed the 2016 status quo ante order (SQAO) issued by Pasig City Regional Trial Court (RTC) Branch 161 stopping PCSO’s revocation of the deed of authority for PNB operations of Globaltech.
The CA also ordered the parties to submit themselves into arbitration and arrive at a written agreement.
The OGCC, the statutory counsel of government-owned and controlled corporations, explained that while the PCSO may opt to appeal the CA decision or pursue the arbitration with Globaltech, it has to abide by the order for the meantime.
“The SQAO, being akin to a preliminary injunction or temporary restraining order, is immediately executory. Thus, at this point, PCSO has to send its representatives to the draw centers of Globaltech for the conduct of the Peryahan Games,” the OGCC explained.
“With the SQAO being immediately executory, PCSO has to suspend temporarily affecting arrests, search and seizure, through the National Bureau of Investigation’s and Philippine National Police’s assistance, against operators of the Peryahan Games for illegal gambling,” it added.
But the OGCC said PCSO can still file an appeal through a motion for reconsideration.
The OGCC issued the legal opinion upon request by PCSO general manager Alexander Balutan. /ee