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    Securities and Exchange Commission: Via Pse Edge

    Uploaded by

    Beng Kalaw
    The Regional Trial Court of Lucena City issued a temporary restraining order against the implementation of a cease and desist order issued against Pagbilao Energy Corporation's power plant operations in Pagbilao, Quezon. Pagbilao Energy filed the legal case to obtain an injunction and nullify resolutions by the Sangguniang Bayan of Pagbilao requiring an agreement on corporate social responsibility programs beyond the company's approved budget as a condition for its business permit for 2018. The legal proceedings will determine the legality of the cease and desist order and social responsibility requirements imposed on the power plant by the local government.

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    © All Rights Reserved
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    Securities and Exchange Commission: Via Pse Edge

    Uploaded by

    Beng Kalaw
    51 views10 pages
    The Regional Trial Court of Lucena City issued a temporary restraining order against the implementation of a cease and desist order issued against Pagbilao Energy Corporation's power plant operations in Pagbilao, Quezon. Pagbilao Energy filed the legal case to obtain an injunction and nullify resolutions by the Sangguniang Bayan of Pagbilao requiring an agreement on corporate social responsibility programs beyond the company's approved budget as a condition for its business permit for 2018. The legal proceedings will determine the legality of the cease and desist order and social responsibility requirements imposed on the power plant by the local government.

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    The Regional Trial Court of Lucena City issued a temporary restraining order against the implementation of a cease and desist order issued against Pagbilao Energy Corporation's power plant operations in Pagbilao, Quezon. Pagbilao Energy filed the legal case to obtain an injunction and nullify resolutions by the Sangguniang Bayan of Pagbilao requiring an agreement on corporate social responsibility programs beyond the company's approved budget as a condition for its business permit for 2018. The legal proceedings will determine the legality of the cease and desist order and social responsibility requirements imposed on the power plant by the local government.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    51 views10 pages

    Securities and Exchange Commission: Via Pse Edge

    Uploaded by

    Beng Kalaw
    The Regional Trial Court of Lucena City issued a temporary restraining order against the implementation of a cease and desist order issued against Pagbilao Energy Corporation's power plant operations in Pagbilao, Quezon. Pagbilao Energy filed the legal case to obtain an injunction and nullify resolutions by the Sangguniang Bayan of Pagbilao requiring an agreement on corporate social responsibility programs beyond the company's approved budget as a condition for its business permit for 2018. The legal proceedings will determine the legality of the cease and desist order and social responsibility requirements imposed on the power plant by the local government.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 10

    March 1, 2018

    SECURITIES AND EXCHANGE COMMISSION


    Secretariat Building, PICC Complex,
    Roxas Boulevard, Pasay City, 1307

    ATTENTION : DIR. VICENTE GRACIANO P. FELIZMENIO JR.


    Markets and Securities Regulation Department

    via PSE EDGE


    PHILIPPINE STOCK EXCHANGE, INC.
    PSE Tower, 28th Street cor. 5th Avenue,
    Bonifacio Global City, Taguig City

    ATTENTION : MR. JOSE VALERIANO B. ZUÑO III


    OIC – Head, Disclosure Department

    via electronic mail


    PHILIPPINE DEALING & EXCHANGE CORP.
    Market Regulatory Services Group
    37/F, Tower 1, The Enterprise Center
    6766 Ayala Avenue corner Paseo de Roxas, Makati City

    ATTENTION : MS. ERIKA GRACE C. ALULOD


    Head – Issuer Compliance and Disclosures Department

    Gentlemen:

    Attached is the SEC Form 17-C (Current Report) of Aboitiz Power Corporation filed in compliance with the
    Securities Regulation Code, its 2015 Implementing Rules and Regulations, the Revised Disclosure Rules of
    the Philippine Stock Exchange (PSE), and the Issuer Disclosure Operating Guidelines of the Philippine
    Dealing Exchange Corp. (PDEx).

    Kindly acknowledge receipt hereof.

    Thank you.

    Very truly yours,

    ABOITIZ POWER CORPORATION


    By:

    MANUEL ALBERTO R. COLACYO


    Corporate Secretary

    NAC Tower, 32nd Street, Bonifacio Global City, 1634 Taguig, Metro Manila, Philippines t: +63 2 886 2800 f: +63 2 817 3560 www.aboitizpower.com
    COVER SHEET

    C 1 9 9 8 0 0 1 3 4
    S.E.C. Registration Number

    A B O I T I Z P O W E R C O R P O R A T I O N

    ( Company's Full Name )

    3 2 N D S T R E E T , B O N I F A C I O G L O B A L

    C I T Y , T A G U I G C I T Y , M E T R O M A N I L A

    P H I L I P P I N E S
    (Business Address: No. Street City / Town / Province )

    MANUEL ALBERTO R. COLAYCO 02- 886-2338


    Contact Person Company Telephone Number

    Contact Person 3rd Monday of May


    1 2 3 1 1 7 - C 0 5 2 1
    Month Day FORM TYPE Month Day
    Fiscal Year Annual Meeting

    N/A
    Secondary License Type, if Applicable

    SEC N/A
    Dept. Requiring this Doc Amended Articles Number/Section

    x
    Total No. of Stockholders Domestic Foreign
    ----------------------------------------------------------------------

    To be accomplished by SEC Personnel concerned

    File Number LCU

    Document I.D. Cashier

    STAMPS

    Remarks = Pls. use black ink for scanning purposes


    SECURITIES & EXCHANGE COMMISSION

    SEC FORM 17-C

    CURRENT REPORT UNDER SECTION 17


    OF THE SECURITIES REGULATION CODE (SRC)
    AND SRC RULE 17.2(c) THEREUNDER

    1. March 1, 2018
    Date of Report (Date of earliest event reported)

    2. SEC Identification Number C199800134 3. BIR TIN 200-652-460-000

    4. ABOITIZ POWER CORPORATION


    Exact name of registrant as specified in its charter

    5. Philippines 6.
    Province, country or other jurisdiction Industry Classification Code
    of incorporation

    7. 32nd Street, Bonifacio Global City, Taguig City, Metro Manila, Philippines 1634
    Address of principal office Postal Code

    8. (02) 886-2800
    Registrant’s telephone number, including area code

    9. N.A.
    Former name or former address, if changed since last report

    10. Securities registered pursuant to Sections 4 and 8 of the RSA

    Title of Each Class Number of Shares of Common Stock


    Outstanding and Amount of Debt Outstanding

    Common Stock P1 Par Value 7,358,604,307

    Amount of Debt Outstanding (As of September 30, 2017) P222,237,327,000.00

    11. Indicate the item numbers reported herein: 5

    Item 5: Legal Proceeding

    Please see attached.


    SIGNATURE (S)

    Pursuant to the requirements of the Securities Regulation Code, the registrant has duly caused this report
    to be signed on its behalf by the undersigned hereunto duly authorized.

    ABOITIZ POWER CORPORATION


    By:

    Manuel Alberto R. Colayco


    Corporate Secretary

    Dated: March 1, 2018


    PSE Disclosure Form 4-26 – Legal Proceedings
    References: SRC Rule 17 (SEC Form 17-C) and Section 4.4 of the Revised Disclosure Rules

    ABOITIZ POWER CORPORATION


    DISCLOSURE: Legal Proceedings

    Issuance by the Regional Trial Court of Lucena City, Branch


    57 of a temporary restraining order (TRO) against the
    Subject of the Disclosure : implementation of the Cease and Desist Order dated
    February 27, 2018 (the “CDO”) issued against Pagbilao
    Energy Corporation (PEC).
    PEC advised Aboitiz Power Corporation (AboitizPower)
    that it filed an application for Injunction and for the
    Background/Description of the issuance of Temporary Restraining Order (TRO) to restrain
    :
    Disclosure the local government unit of Pagbilao from enforcing the
    CDO issued against the operations of the company’s power
    plant in Pagbilao, Quezon.
    Regional Trial Court of Lucena City, Branch 57
    Name of the court or agency in
    For: Injunction and Declaration of Nullity of the
    which the proceedings are :
    Sangguniang Bayan Resolution Nos. 177, Series of 2016
    pending
    and 27 and 31, Series of 2018
    Date Instituted : February 28, 2018
    Docket Number : Civil Case No. 2018-21
    Pagbilao Energy Corporation; and
    The Municipality of Pagbilao, Quezon, and Hon. Shierre
    Principal Parties :
    Ann Portes-Palicpic, in her capacity as the Municipal Mayor
    of the Municipality of Pagbilao
    During the course of PEC’s application for a business
    permit for calendar year 2018 from the Municipality of
    Pagbilao, the municipality required PEC to execute a
    Memorandum of Agreement (MOA) implementing its
    corporate social responsibility (CSR) programs for an
    amount above the company’s approved budget for CSR.
    The municipality refused to issue the business permit
    without the executed MOA, and instead issued the CDO.
    PEC therefore filed the application for Injunction and
    obtained the TRO to prevent the municipality from
    implementing what PEC believes to be an unwarranted
    Nature and description of the cease and desist order.
    legal proceedings :
    PEC maintains that the execution of the MOA is not part of
    the published and legal requirements for the issuance by
    the municipality of a local business permit. The PEC plant
    has received all the necessary endorsements required
    from the relevant local government units - the Quezon
    provincial government, the municipality of Pagbilao, and
    the host barangay of Ibabang Polo. All clearances and
    endorsements from national government agencies, such
    as the Department of Energy, and the Department of
    Environment and Natural Resources, among others, have
    also been secured.
    PSE Disclosure Form 4-26 – Legal Proceedings
    References: SRC Rule 17 (SEC Form 17-C) and Section 4.4 of the Revised Disclosure Rules

    PEC filed the Petition for Injunction with prayer for TRO
    with the Regional Trial Courts of Lucena City. In its Order
    dated February 28, 2018, the Regional Trial Court of
    Lucena City, Branch 57, issued a temporary restraining
    order and ordered the municipal mayor of Pagbilao,
    Quezon to cease and desist from implementing the
    assailed CDO.

    PEC is a joint venture company between Therma Power


    Inc. and TPEC Holdings Corporation. Therma Power, a
    wholly owned subsidiary of AboitizPower, is the holding
    company of AboitizPower’s investments in non-renewable
    energy.
    The potential delay in the commercial operations of PEC’s
    The effect(s) on the Issuer’s power plant would render PEC unable to perform its
    :
    business or operations, if any commitments to its suppliers, customers, and to the Luzon
    Grid.
    Other relevant Information : Copy of the TRO obtained by PEC is attached.

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