Home

Saturday, December 5, 1998

Interesado Pa Sa PAL Ang Cathay

Balita
Friday, December 4, 1998
Evelyn Quiroz

Tiniyak kahapon ni Pangulong Joseph Ejercito Estrada na bukas ang pamunuan ng Cathay Pacific Airways sa muling pakikipagnegosasyon na may kinalaman sa pagbili nito sa pinakamatandang airline ng bansa, ang Philippine Airlines.

Ang paniniyak ay ginawa ng Pangulo matapos makatanggap ng liham mula sa pamunuan ng Cathay Pacific na nagpapahayag ng kanilang interes upang maipagpatuloy ang nabalam na pakikipagnegosasyon sa PAL kontra sa napaulat na umatras na umano ang Cathay.

“May pag-asa pa na sa lalong madaling panahon ay maiaayos ang muling pag-uusap ng dalawang airline companies upang maiahon sa pagbagsak ang PAL,” ang sabi pa ng Pangulo.

Ayon sa Pangulo, sa sandaling dumating sa bansa si business tycoon Lucio Tan ay kanya itong kakausapin upang sa lalong madaling panahon ay muling maipagpatuloy ang pag-uusap ng dalawang airline companies.

Magugunita na noong una ay tinanggap na ng PAL ang inaalok na preliminary investment ng Cathay Pacific at dapat sana’y noong Nobyembre 10 ay nasimulan na ang pagrerehabilitate sa Philippine flag carrier.

Still Open to Foreign Investors; PAL Exploring the Tan Option

The Business Daily
Friday, December 4, 1998
 Rodel A. Alzona, Arvin P. Panes, Marie A. Surbano

Government announced yesterday that Philippine Airlines (PAL) has turned to at least three more foreign airlines in its search for money after negotiations with Cathay Pacific Airways Ltd. and Northwest Airlines bogged down.

“They (PAL management) are talking with other investors who need not be strategic partners,” Finance Secretary Edgardo B. Espiritu told newsmen in an interview at the Senate.

An alliance with non-strategic investors is likely to mean that Chinese-Filipino tycoon Lucio Tan would retain control of the ailing carrier.

Tan will submit a rehabilitation plan to the Securities and Exchange Commission (SEC) next Monday, well-placed sources disclosed yesterday.

The plan is said to be an addition to an earlier restructuring program formulated by a government inter-agency task force.

“Lucio Tan will do it. He will raise the $150 million (P6 billion) needed to revive PAL,” a source said.

PAL earlier said Tan would infuse part of the $90 million offered by a local group to the airline.

A local group, PAL officials said, had committed to inject $90 million of the $150 million it needed for its rehabilitation program after talks with Cathay Pacific and Northwest failed.

“The $90 million that is initially required under the rehabilitation plan will come in as soon as the plan is approved by the SEC,” PAL Executive Vice President for Administration and Services Manolo Aquino told media.

When asked whether Tan was part of the local group, Aquino said: “Yes, of course.”

According to sources, Tan will source the funds from various local business entities.

It was not affirmed whether or not the firms are owned by Tan himself.

Tan reportedly has accepted as being final government’s refusal to give financial assistance to his firm. He reportedly had asked government for P3 billion to P6 billion in assistance to resuscitate PAL.

Since taking over the chairmanship of the nation’s flag carrier in 1993, Tan reportedly has lost P20 billion in the course of his bid to expand the operations of PAL.

We Will Survive, Says PAL

PAL officials expressed confidence that the carrier could service without foreign help if need be.

“The equity is there. What is critical is the support of the riding public,” Aquino said.

The revelation was made by Aquino during a hastily arranged press conference at PAL’s head office in Makati.

Although PAL will be submitting a “stand-alone” plan, it would make provisions for the entry of a foreign partner providing 40% of the new capital.

“We are cognizant of the fact that we would need help in terms of operations and distribution and how this can be provided by an airline partner would figure prominently in our decision,” Aquino said.

Wary Creditors

With both Cathay Pacific and Northwest backing out if the deal, Aquino admitted that creditors have become wary about the prospects of the company being rehabilitated.

“Creditors are looking at what we will submit. We are in close consultation with them with regards to the rehabilitation plan,” Aquino said, adding that Tan wants creditors to be serviced properly.

He added: “We have indicated to them that we have a stand-alone plan which did not materially differ in viability and implementation from the rehab plan that included either Cathay or Northwest.”

PAL currently is over P94 billion in debt to creditors that include the likes of Chase Manhattan Bank, Credit Lyonnais, and Banque Nationale de Paris.

Meanwhile, a source from the SEC said that upon receiving PAL’s rehabilitation plan, it will take the commission until February before it could either approve or order the liquidation of PAL.

PAL to Retain Management Control

Although a foreign partner is still considered a priority issue, PAL is not about to give up management control. “We would stick to giving them the maximum 40%,” Aquino said.

Aquino said should a new foreign partner bring in more than the expected capital infusion, Tan’s stake will be diluted. Currently Tan owns 67% of PAL.

It was the insistence of Cathay Pacific to have management control over the nation’s flag carrier that, along with disagreement over the firm’s valuation, led to the collapse in the negotiations.

“There was a gap between the valuation expected by PAL, existing shareholders, and our own estimates,” Cathay Pacific spokeswoman Quince Chong told media.

Aquino added that if matters worked out in favor of PAL, the firm would take a more conservative approach to future expansion programs.

“The financial crisis in the region has taught as a very bitter lesson,” Aquino said.

Burned GFIs

PAL is not the only who has learn a bitter lesson. Government financial institutions (GFIs) with a remaining stake in PAL are opposed to infusing money into the carrier given their bad investment experience.

“All of the GFIs’ money invested in PAL burned to ashes,” a finance official said.

“We are not even thinking about it (capital infusion)…reason being that government already turned over (PAL) to private hands. We have different priorities, such as SMEs (small to medium-sized enterprises),” Remedios Macalincag, President and chief executive officer of the Development Bank of the Philippines (DBP), said.

Macalincag said MalacaƱang had not issued orders requiring GFIs to extend financial aid to PAL.

DBP’s exposure to the airline amounts to P750 million --- half of which is secured through loan-loss provisions imposed by the central bank, she said.

Philippine National Bank (PNB), another GFI with money in PAL (P752 million), earlier announced it would sell its stake in PAL should a buyer surface.

The Marathon Man

Not one to give up easily, President Joseph Estrada said on Thursday Cathay Pacific was willing to go back to the negotiating table with ailing PAL.

“I’m not giving up because the management of Cathay Pacific wrote a letter and they said they’re willing to re-negotiate again,” Estrada told reporters.

The President said the Hong Kong-based carrier had sent him a letter conveying willingness to resume negotiations.

“Cathay Pacific management wrote me a letter indicating they are still available for negotiations. So let us not lose hope,” the Chief Executive said.

Executive Secretary Ronaldo Zamora, for his part, said he was not aware of the existence of such a letter.

Cathay Pacific, meanwhile, denied any willingness to resume negotiations. The firm reiterated it was open to future cooperation in other areas of mutual benefit.

Cathay Pacific spokeswoman Katherine Wang said in Hong Kong: “We have not taken the decision to withdraw from the negotiations lightly.”

“The decision was made after serious consideration…We wouldn’t revisit it unless there is a fundamental change in the situation.”

Asked whether the differences could be ironed out with Cathay Pacific, Estrada said: “I think I can talk it over with them.”

“Let us not lose hope. So I’m just waiting for the return of Mr. Tan and talk to him and maybe there is still a chance for them to come to an agreement.”

Estrada said negotiations might take months again.

“I hope PAL will have enough money to continue their flights and negotiations,” he said.

But he ruled out the possibility of the government bailing out PAL.

“No, the government has no money, the government will not guarantee any private firm,” Estrada said.

Espiritu told reporters: “PAL will survive and will continue. Definitely rehabilitation is still there. It’s only a question of who will own, certainly not government.” (With reports from Reuters)

Walang Kumpa-kumpare; Paglilitis kay Lucio Tan Sinang-ayunan ni Erap

Taliba
Friday, December 4, 1998
Tess Badico, Mina Navarro

Binigyan ng go-signal ng Pangulong Estrada ang prosekusyon ng P25.3 bilyong tax case laban kay beer-and-tobacco magnate Lucio Tan at binigyang-diin din na hindi na dapat hinintay ng korte and kanyang ‘basbas’ para gawin ito.

“Tulad ng sinabi ko na. Walang puwedeng pumigil kung may nakikitang ebidensya, e ituloy ang charges,” sabi ng Pangulo sa desisyon ng Department of Justice na isampa ang kaso sa Marikina Metropolitan Trial Court.

Si Tan, kasama ang mga opisyal ng kanyang Fortune Tobacco Corporation, ay sinampahan ng siyam na kaso ng tax evasion dahil sa maling deklarasyon ng ad valorem tax, gayundin ang maling pagdedeklara ng kita at value added taxes simula 1990 hanggang 1992.

Ang kaso ay isinampa sa harap ng rekomendasyon ng special committee ng Bureau of Internal Revenue (BIR) na ibasura ang kaso dahil sa kakulangan ng ebidensya.

Sinabi ng Pangulo na ang pagpapatuloy sa kaso ni Tan ay isang patunay lamang na sa kanyang administrasyon, walang sinuman ang mas mataas pa sa batas.

“Sabi ko sa kanila, kahit na kapatid ko, anak ko, hindi na kailangan ang magkaroon ng blessings ng MalacaƱang. I-charge if they violate the law,” ayon pa sa Chief Executive.

Magugunitang inilayo ng Pangulo ang kanyang sarili sa isyu nang irekomenda ng BIR ang pagbasura sa kaso dahil nais niyang ang korte na ang bahalang magdesisyon sa korte.

Ilang sektor din ang nagduda na mapawawalang-sala si Tan dahil isa umano ito sa pinakamalaking campaign contributor ng Pangulo.

Subalit ang lahat ng ito ay mahigpit na pinabulaanan ng Pangulo.

“Gawa-gawa lang iyan ng mga kritiko,” ayon kay Estrada.

“Sila ang nagsasabing may exemption sa akin, sila ang nagsasabing, crony. Walang crony sa akin, kahit na kapatid ko kung nagkasala, sabi ko kahit na anak ko, i-charge,” dagdag pa nito.

Sinabi ni Secretary Serafin Cuevas na sinusunod lamang ng DOJ ang linya ng Pangulo na sa kanyang administrasyon, walang kamag-anak o kaibigan na mabibigyan ng espesyal na pabor o pagtrato.

Idinagdag pa nitong binigyan sila ng kalayaan ng Pangulo na desisyunan ang kaso.

Huwag n'yo akong arestuhin! - Lucio Tan

Balita
Friday, December 4, 1998
Joe Palmiery

‘Wag n’yo akong arestuhin!

Ganito ang tila pakiusap kahapon ni business tycoon Lucio Tan nang hilingin niya sa husgado na huwag nang mag-isyu ng arrest warrant laban sa kanya kaugnay ng siyam na tax evasion charges na iniharap sa Department of Justice.

Si Tan ay sinasabing isa sa pinakamayayamang nilalang sa bansa.

Batay sa charges, si Tan ay inaakusahan ng korte kaugnay ng sampung kompanya, kabilang ang Fortune Tobacco Corporation, na umano’y umiwas sa pagbabayad ng kaukulang buwis sa pamahalaan. Ang liabilities ay umaabot sa P26.6 bilyon.

Nahaharap siya ngayon sa dalawang taong pagka-bilanggo gayundin ng tuwirang pagbabayad ng nasabing halaga.

Alam ng marami na ang business tycoon ay sangkot sa halos malalaking negosyo sa Pilipinas, kabilang ang brewing at pagbabangko. Siya ang chairman at punong stockholder ng namimiligro nang Philippine Airlines.

Sa isang mosyon ng iniharap sa Marikina Trial Court, sinabi ni dating Justice Minister Estelito Mendoza na ang charges laban kay Tan ay hindi ibinatay sa mga ebidensiya at sinabing ang mga ito “ay pulos mga alegasyon lang.”

Idinagdag ni Mendoza na ang tax evasion charges ay iniharap sa korte nang walang approval ng pinuno ng Bureau of Internal Revenue (BIR), na isang bagay na kailangan sa conviction ni Tan.

Magugunitang inakusahan na si Tan ng BIR noong 1993, ngunit ang kaso ay hindi nagprogreso sapagkat ang business tycoon ay naghain ng serye ng apela na humantong pa hanggang sa Korte Suprema. Bunga nito, ang charges laban sa kanya ay sinuspinde sa rasong ang mga reklamo ay masusing iimbestigahan pa ng High Court.

Breaktime

Philippine Daily Inquirer
Friday, December 4, 1998

AS early as a week ago last Friday, Cathay Pacific already indicated to the Philippine Airlines that, at least from the side of Cathay Pacific, the talks virtually have broken down.

The CEO of Cathay Pacific himself, David Turnbull, wrote a letter to PAL Chair Lucio Tan, saying that Cathay Pacific's position to take "full management control" of PAL was actually also the position of PAL's creditors— mainly those abroad.

So what's that? No Cathay Pacific in PAL, no restructuring of PAL's debts? Tsk,  tsk, tsk.  What will Wrist Bank look to the public, after all that chest-beating about how good and macho and he was, in his handling of the PAL crisis.

For this is the scenario I fear most. Of course, PAL will still make its most critical move by next week and it will get a SEC approval for a rehabilitation plan. In the end nevertheless, without the support from its creditors abroad, PAL will have a rehab plan but it has no airplanes. Okay—very few airplanes.

THAT'S probably the reason why Lucio Tan himself, I heard, tried to patch things up between his own people in PAL and those sent here by Cathay Pacific. Tan supposedly asked Cathay Pacific to come back to the negotiating table.

It seems that some top men in PAL management found some of the 60 or so people of Cathay Pacific, who were doing a full management audit of PAL, aggressive and arrogant.

All that may be true. Success, to me, such Cathay Pacific's breeds its own form of arrogance. In the same vein, failure, like PAL's, builds its own form of insecurity.

From what I gathered anyway, it was Cathay Pacific's CEO David Turnbull himself who informed Lucio Tan about Cathay Pacific's final – really, really final – position. And that is, PAL management did not want a tie-up with Cathay Pacific. Period. Pffft went the talks.