CURRENT REPORT UNDER SECTION 17 OF THE SECURITIES REGULATION CODE AND SRC RULE 17.2(c) THEREUNDER
1. Date of Report (Date of earliest event reported)
Nov 16, 2022
2. SEC Identification Number
CS200411461
3. BIR Tax Identification No.
232-715-069-000
4. Exact name of issuer as specified in its charter
Megawide Construction Corporation
5. Province, country or other jurisdiction of incorporation
Philippines
6. Industry Classification Code(SEC Use Only)
7. Address of principal office
No 20 N. Domingo Street, Barangay Valencia, Quezon CityPostal Code1112
8. Issuer's telephone number, including area code
(02) 8655-1111
9. Former name or former address, if changed since last report
Not Applicable
10. Securities registered pursuant to Sections 8 and 12 of the SRC or Sections 4 and 8 of the RSA
Title of Each Class
Number of Shares of Common Stock Outstanding and Amount of Debt Outstanding
Common
2,013,409,717
Preferred
143,626,010
11. Indicate the item numbers reported herein
Item 9
The Exchange does not warrant and holds no responsibility for the veracity of the facts and representations contained in all corporate disclosures, including financial reports. All data contained herein are prepared and submitted by the disclosing party to the Exchange, and are disseminated solely for purposes of information. Any questions on the data contained herein should be addressed directly to the Corporate Information Officer of the disclosing party.
Megawide Construction CorporationMWIDE
PSE Disclosure Form 16-1- Update on Corporate Actions/ Material Transactions/Agreements References: SRC Rule 17 (SEC Form 17-C) and Section 16 of the Revised Disclosure Rules
Subject of the Disclosure
Order and Certificate of Finality Confirming the DISMISSAL of the Case for the Alleged Violation of the Anti-Dummy Law
Background/Description of the Disclosure
We received today, 16 November 2022, from the Regional Trial Court of Lapu-Lapu City, Branch 53 (the “Court”), an Order dated 27 September 2022 (the “Order”), denying the Motion for Reconsideration filed by the Lapu-Lapu City Prosecutor’s Office, and confirming the DISMISSAL of the case for the alleged violation of the Anti-Dummy Law filed against the following directors and officer of Megawide Construction Corporation (“Megawide”), in their capacity as directors of GMR Megawide Cebu Airport Corporation (“GMCAC”):
a. Mr. Edgar B. Saavedra – Chairman of the Board of Directors (“Board”), Chief Executive Officer, and President of Megawide; b. Mr. Manuel Louie B. Ferrer – Vice-Chairman of the Board and Executive Director for Infrastructure Development of Megawide; c. Mr. Oliver Y. Tan – Director of Megawide; and d. Mr. Jez G. Dela Cruz – Vice-President - Corporate Finance and Planning of Megawide.
(the “Megawide Respondents”.)
The Order, in part, affirmed that Republic Act No. 11659 (“RA No. 11659”), signed into law last 21 March 2022, clearly excluded airports from the list of what is classified as a public utility; thereby, removing the applicability of the nationality requirement to GMCAC in operating the Mactan-Cebu International Airport. The Order also stated that applying RA No. 11659 retroactively has removed any criminal liability that was wrongfully attached to the Megawide Respondents. Given that RA No. 11659 is beneficial to the accused, the Order emphasized that its retroactive application is warranted.
Simultaneously with the Order, we also received a Certificate of Finality from the Court dated 25 October 2022 certifying that the Order was issued, and declaring that the Order has become final and executory on 14 October 2022.
Other Relevant Information
This is in relation to the Update on Corporate Actions/Material Transactions/Agreements disclosures made on 28 March 2022, 27 June 2022, and 06 July 2022, which may be accessed through the following links: