16 troubled pre-need corp

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STATUS OF PRE-NEED CORPORATIONS RETAINED WITH THE SECURITIES AND EXCHANGE COMMISSION IN VIEW OF ITS RESIDUAL POWER UNDER REPUBLIC ACT NO. 9829, OTHERWISE KNOWN AS "THE PRE-NEED CODE OF THE PHILIPPINES" (AS OF 7 SEPTEMBER 2012) Effective 2 January 2010, the jurisdiction over the regulation and supervision of the pre- need industry was transferred to the Insurance Commission (IC) from the Securities and Exchange Commission (SEC) pursuant to Republic Act No. 9829, otherwise known as the "Pre- Need Code of the Philippines" ("Pre-Need Code, " for brevity). Sixteen pre-need corporations, however, have been retained with SEC in view of Section 57 of the Pre-Need Code which mandates the SEC to continue to its full and final conclusion all pending claims, complaints and cases filed with it prior to the effectivity of the Pre-Need Code. Hence, the SEC continues, among others, to assist planholders by referring them to the receivers/liquidators of the following corporations: a) Five pre-need corporations under rehabilitation/receivership/liquidation; and b) Eleven pre-need corporations whose trust funds are under liquidation either by the corporation or the SEC appointed liquidator. Listed below are the status of the 16 pre-need corporations, the names of their receiverslliquidators, telephone numbers and addresses where planholders can file their claims. I. PRE-NEED CORPORATIONS UNDER REHABILITATION/RECEIVERSHIP/LIQUIDATION BY THE COURT 1. ABUNDANCE PROVIDER AND ENTREPRENEURS CORPORATIONS (Doing business under the name and style "APEC PLANS," Formerly: PACIFIC PLANS, INC.) TITLE OF CASE: COURT/JUDGE: DATE OF PETITION FOR CORPORATE REHABILITATION: RECEIVER: DATE OF APPROVAL OF THE REHABILITATION PLAN (only on the PEPTrads or the traditional/open-ended educational plans): Special Proceeding No. M-6059 RTC Branch 61, Makati City Judge J. Cedrick O. Ruiz Tel. Nos. 870-1000 local 1517 7 April 2005 Mr. Mamerto A. Marcelo, Jr. Unit 407, Cityland 10 Tower II H. V. de la Costa St., Salcedo Village Makati City 27 April 2006 Page lof9

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Page 1: 16 Troubled Pre-need Corp

STATUS OF PRE-NEED CORPORATIONS RETAINED WITH THE SECURITIES ANDEXCHANGE COMMISSION IN VIEW OF ITS RESIDUAL POWER UNDER REPUBLIC ACTNO. 9829, OTHERWISE KNOWN AS "THE PRE-NEED CODE OF THE PHILIPPINES"

(AS OF 7 SEPTEMBER 2012)

Effective 2 January 2010, the jurisdiction over the regulation and supervision of the pre-need industry was transferred to the Insurance Commission (IC) from the Securities andExchange Commission (SEC) pursuant to Republic Act No. 9829, otherwise known as the "Pre-Need Code of the Philippines" ("Pre-Need Code, " for brevity). Sixteen pre-need corporations,however, have been retained with SEC in view of Section 57 of the Pre-Need Code whichmandates the SEC to continue to its full and final conclusion all pending claims, complaints andcases filed with it prior to the effectivity of the Pre-Need Code.

Hence, the SEC continues, among others, to assist planholders by referring them to thereceivers/liquidators of the following corporations:

a) Five pre-need corporations under rehabilitation/receivership/liquidation; andb) Eleven pre-need corporations whose trust funds are under liquidation either by the

corporation or the SEC appointed liquidator.

Listed below are the status of the 16 pre-need corporations, the names of theirreceiverslliquidators, telephone numbers and addresses where plan holders can file their claims.

I. PRE-NEED CORPORATIONS UNDER REHABILITATION/RECEIVERSHIP/LIQUIDATIONBY THE COURT

1. ABUNDANCE PROVIDER AND ENTREPRENEURS CORPORATIONS(Doing business under the name and style "APEC PLANS," Formerly: PACIFIC PLANS,INC.)

TITLE OF CASE:

COURT/JUDGE:

DATE OF PETITION FORCORPORATE REHABILITATION:

RECEIVER:

DATE OF APPROVAL OF THEREHABILITATION PLAN(only on the PEPTrads orthe traditional/open-endededucational plans):

Special Proceeding No. M-6059

RTC Branch 61, Makati CityJudge J. Cedrick O. RuizTel. Nos. 870-1000 local 1517

7 April 2005

Mr. Mamerto A. Marcelo, Jr.Unit 407, Cityland 10 Tower IIH. V. de la Costa St., Salcedo VillageMakati City

27 April 2006

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DATE OF APPROVAL OF THEMODIFIED REHABILITATION PLAN:

ADDRESS OF APEC PLANS:

STATUS:

28 July 2008

1ih Fir. Chatham House116 Valero corner Rufino Sts.Salcedo Village, Makati CityTel. Nos. 888-2732 local 146

Court ORDER dated 27 August 27, 2010 declared that the on-going payments made tothe plan holders of APEC PLANS shall be considered PARTIAL PAYMENTS ONLY andnot final settlement of their claims against APEC PLANS. From the proceeds of theNAPOCOR bonds which matured on 12 July 2010, the planholders received theirproportionate share in the trust fund asset under the Modified Rehabilitation Plan.Further, it was directed that the acceptance of and/or by the plan holders concerned inthe subject payments shall be without prejudice to the decision of the Supreme Court inthe case of PEP Coalition vs. Pacific Plans, et. aI., docketed as G.R. No. 179409.

The implementation of the rehabilitation plan is still on-going under the supervision of theMakati RTC Branch 61.

2. COLLEGE ASSURANCE PLAN PHILIPPINES, INC.("CAP")

TITLE OF CASE:

COURT/JUDGE:

DATE OF PETITION FORCORPORATE REHABILITATION:

RECEIVER:

DATE OF APPROVAL OF THEREHABILITATION PLAN:

ADDRESS OF CAP:

Special Proceeding No. M-6144

RTC Branch 149, Makati CityJudge Cesar O. UntalanTel. Nos. 870-1000 local 1574

23 August 2005

Mr. Mamerto A. Marcelo, JR.Unit 407, Cityland 10 Tower IIH. V. de la Costa St., Salcedo VillageMakati City

8 November 2006

126 Amorsolo corner Herrera Sts.Legaspi Village, Makati CityTel. Nos. 819-2684Office Hours: 8:30 AM to 5:30 PM

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STATUS:

CAP is currently implementing its Rehabilitation Plan which provided for the payment ofreduced tuition benefits for the beneficiaries of CAP educational plans.

The implementation of the rehabilitation plan is still on-going under the supervision of theMakati RTC Branch 149.

(NOTE: Comprehensive Annuity Plans and Pension Corporation ("CAP PENSION") isan affiliated corporation which is now under the jurisdiction of IC. CAP PENSION isplaced under conservatorship by IC.)

3. PET PLANS, INC.("PET Plans")

TITLE OF CASE

COURT/JUDGE:

DATE OF PETITION FORCORPORATE REHABILITATION:

RECEIVER:

DATE OF APPROVAL OF THEMODIFIED REHABILITATION PLAN:

STATUS:

Special Proceeding No. M-6289

RTC Branch 149, Makati CityJudge Cesar O. UntalanTel. Nos. 870-1000 loc. 1574

20 June 2006

Atty. Danilo L. ConcepcionUnit 2701, 27th Floor, 88 Corporate Center141 Sedeno cor. Valero Sts.Salcedo Village, Makati CityTel. Nos. 752-4494

30 April 2007

On 30 April 30 2007, the Court approved the Modified Rehabilitation Plan of PET Plansconverting the pre-need contracts and the three separate trust funds (i.e., education, lifeand pension trust funds) into a unified trust fund (i.e., the Enhanced Value Fund) underthe management of the Asset and Trust Management Group of Bank of the PhilippinesIslands.

On 22 February 2011, the Court approved the Motion of PET Plans to modify therehabilitation plan. The said modification of the rehabilitation plan refers to allowing PETPlans to contribute the amount of P2 million cash and to transfer real properties withtotal market value of P3,496,500.00 to the mutual fund of the planholders in lieu of thepreviously proposed and approved yearly contribution of 15% net income from its pre-need business for 10 years.

The SEC filed its Motion for Reconsideration (MR) of the above approval of modificationof PET Plans' rehabilitation plan. The Court denied the MR of the Commission on 9

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December 2011 and ordered the release and exit of petitioner PET Plans from therehabilitation proceeding.

The Office of the Solicitor General (OSG), however, filed the SEC Petition for Certiorari(CA - G. R. SP No. 123703) dated 2 March 2012 with the Court of Appeals, questioningthe aforesaid decision of the Court. PET Plans submitted its Comments dated 10 May2012 to the Court. OSG filed a Reply dated 10 August 2012 to the said Comments,reiterating its prayer in the aforesaid Petition for Certiorari.

4. PLATINUM PLANS PHILS, INC.("PLATINUM")

TITLE OF CASE:

COURT/JUDGE:

DATE OF PETITION FORCORPORATE REHABILITATION:

RECEIVER:

DATE OF APPROVAL OF THEREHABILITATION PLAN:

DATE OF COURT ORDEROF LIQUIDATION:

LIQUIDATOR:

STATUS:

Special Proceeding No. M-6101

RTC Branch 61, Makati CityJudge J. Cedrick O. RuizTel. Nos. 870-1000 1517

25 June 2005

Atty. Elmer Cadano

27 April 2006

12 February 2012

Mr. Mamerto A. Marcelo, Jr.Unit 1407, Cityland 10 Tower IIH. V. de la Costa St., Salcedo VillageMakati City

Court ORDER dated 12 February 2011 terminated the rehabilitation proceedings ofPlatinum due to failure of implementing the rehabilitation plan and placed the companyunder liquidation. Mr. Mamerto A. Marcelo, Jr. was appointed as Liquidator.

5. TPG CORPORATION("TPG")

TITLE OF CASE

COURT/JUDGE:

Special Proceeding No. M-6289

RTC Branch 149, Makati CityJudge Cesar O. UntalanTel. Nos. 870-1000 loc. 1574

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DATE OF PETITION FORCORPORATE REHABILITATION:

RECEIVER:

DATE OF APPROVAL OF THEREHABILITATION PLAN:

TPG CONTACT PERSON:

STATUS:

6 February 2006

Atty. Arthur PonsaranUnit 3104, 31st Floor,Antel Global Corporate Center3 Julia Vargas Avenue, Ortigas CenterPasig CityTel. Nos. 687-7535

28 May 2007

Ms. Mercedita YutucVice President, Customer Care10th Fir. TPG Bldg., EDSA corner Boni Ave,Mandaluyong CityOffice Hours: 9 AM to 3 PMTel. Nos. 533-7064 and 535-0593

533-7061 local 8040 to 8042

On June 26, 2011, the Court ordered the liquification of the trust assets of TPGconsidering that the projected income of the trust funds was not realized for many years.The Iiquification committee shall be composed of the President, Receiver and the officerof the trustee bank, Metrobank. The Court allowed the consolidation of trust fund andassets from RCBC to Metrobank. The Iiquification committee is given one (1) year to dothe job and to submit a semi-annual report on the status of actions taken. Consequently,it is necessary that all maturing plans shall be held in abeyance until the final liquificationof trust assets had been done.

II. PRE-NEED CORPORATIONS WHOSE TRUST FUNDS ARE UNDER LIQUIDATION

1. METROPOLITAN LIFE PLAN, INC.

The liquidation of trust fund is being continued by IPSO - SEC.

SEC Contact Person:

2. MILLENNIUM PLANS, INC.

Ms. Dolores D. ConfiadoTel. Nos. 584-5324 and 584-5476

The company is implementing its liquidation plan.

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CONTACT PERSON:

3. LEGACY CONSOLIDATED PLANS, INC.("LCPI")

Ms. Joana Cristina LagrosaUnit 402 4th Floor 591 Fabricare Bldg.Alabang-Zapote Road, Almanza UnoLas Pinas CityTel. Nos. 919-7920Office Hours: 8 AM to 5 PM

Monday to Friday

In 2009, the Commission started the liquidation of the trust funds of LCPI. On May2009, the Commission processed 555 check payments amounting to P9,736,023.62 forLCPI plan holders. Five hundred twenty three (523) of these check payments worthP9,207,389.36 were actually claimed by planholders. These, however, constitute initialand partial payments computed based on the liquid portion of the trust fund.

The Commission stopped distributing the initial payment of claims of LCPI planholders indeference to the filing of a Petition for Certiorari with the Supreme Court to question theOrder of the Regional Trial Court of Makati (RTC-Makati) dated June 26, 2009 whichprohibited the Commission from further validating the claims of planholders pertaining totheir LCPI pre-need plans. The said Petition for Certiorari is pending resolution by theSupreme Court.

4. SCHOLARSHIP PLAN PHILS., INC.("SPPI")

SEC LIQUIDATOR: Mr. Manuel C. Baldeo, Jr.8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel Nos. 584-5343

As of May 2009, the Commission processed and approved for payment 4,486plan holders' claims. However, because of the June 26, 2009 Order of RTC-Makati, LandBank of the Philippines (LBP), the trustee of SPPI which maintains most of the liquidtrust fund assets of SPPI expressed its reservation in complying with the Commission'sdirective to process check payments of plan holders and decided to wait for theresolution by the Supreme Court on the Commission's Petition for Certiorari. Thus, theprocessed claims were not paid to the SPPI planholders.

SPPI, as well as All Asia Plans Corporation (AAPC), are not included in the June 26,2009 Order of the RTC-Makati which stopped the Commission from further taking actionon claims of planholders. The Commission continues, however, to validate the claims ofSPPI planholders. On the claims filed by SPPI plan holders who are members of theArmed Forces and Police Savings and Loan Association, Inc. (AFPSLAI), coordinationwith AFPSLAI was conducted to reconcile records of claimants whose names are notincluded in the SPPI Masterlist of Planholders.

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Mr. Manuel C. Baldeo, Jr., the liquidator for AAPC, was likewise appointed as liquidatorfor SPPI. The Investor Protection and Surveillance Department (IPSO) which wasformerly Non- Traditional Securities and Instruments Department of the SEC is currentlyfinalizing the list of validated claims of planholders for the distribution of pro-rata sharesout of the SPPI Trust Funds. IPSO continues to coordinate with the liquidator as regardsthe available liquid assets of the Trust Funds that will be used for the payout toplan holders, including the disposition of non-liquid assets of the Trust Funds, the bulk ofwhich consists of the land and building located along Quezon Ave, Quezon City. Mr.Baldeo already caused the publication of notice to bid for said property but no interestedbuyer appeared in the bidding scheduled in December 2011. Mr. Baldeo will conduct asecond bidding for the said property on 13 September 2012. at the 1dh Floor, InvestorProtection and Surveillance Department, SEC Bldg., EDSA Greenhills MandaluyongCity.

(Note: The Commission no longer accepts claims of planholders in view of SECResolution No. 142, series of 2012, setting the extended deadline for filing of claimsagainst SPPI on 13 April 2012.)

5. ALL ASIAPLANS CORPORATION(UAAPC")

SEC LIQUIDATOR: Mr. Manuel C. Baldeo, Jr.8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel Nos. 584-5343

On July 28, 2011, the Commission appointed Mr. Manuel Baldeo, Jr. as the Liquidator ofthe AAPC Trust Funds. As such, he shall supervise the payments to the planholdersand the liquidation of the remaining non-liquid assets of the Trust Fund, the bulk of whichconsists of the Golden Haven memorial lots in Las Pirias. Mr. Baldeo already causedthe publication of notice to bid for said property but no interested buyer appeared in thebidding scheduled in August 2011. Mr. Baldeo is still in the process of looking forinterested buyer/s of the said memorial lots.

On March 1, 2012, the Commission resolved to make an initial payment distribution toAAPC planholders effective March 12, 2012 and onwards. As of 31 August 2012, Mr.Baldeo released a total of 957 checks amounting to P10,613, 138.05 to the AAPCplan holders. Of the total, 523 or 63.4 percent of the 825 pension plan holders receivedP7, 759,058.60 and 434 or 54.7 percent of the 794 education planholders receivedP2, 854, 079. 45.

(Note: The Commission no longer accepts claims of planholders in view of SECResolution No. 142, series of 2012, setting the extended deadline for filing of claimsagainst AAPC on 13 April 2012.)

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6. ASIAN DIAMOND PLANS, INC.("ADPI")

SEC LIQUIDATOR:

ADPI CONTACT PERSON:

7. FAMILY PLANS, INC.

SEC LIQUIDATOR:

8. GEl GUARANTEED EDUCATION, INC.

SEC LIQUIDATOR:

9. OCE PLANS, INC.

SEC LIQUIDATOR:

Commission Secretary Gerard Lukban8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel. Nos. 584-8141 and 584-5478

Ms. Annalyn PadillaUpper Ground Ten Globe Tower IPioneer St., Mandaluyong CityTel. Nos. 719-0029Office Hours: 8 AM to 5 PM

Monday to Friday

Mr. Manuel C. Baldeo, Jr.(On 7 June 2012, Mr. Baldeo was appointed asthe new liquidator to replace Mr. Ramon Sorianowho resigned from SEC last February 2012.)8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel. Nos. 584-5343

Commission Secretary Gerard Lukban8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel. Nos. 584-8141 and 584-5478

Mr. Manuel C. Baldeo, Jr.(On 7 June 2012, Mr. Baldeo was appointed asthe new liquidator to replace Mr. Ramon Sorianowho resigned from SEC last February 2012.)8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel. Nos. 584-5343

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10. SUCCESS EDUCATION GUARANTEE SYSTEM, INC.

SEC LIQUIDATOR:

11. UNIVERSITY PLANS, INC.

SEC LIQUIDATOR:

Commission Secretary Gerard Lukban8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel. Nos. 584-8141 and 584-5478

Commission Secretary Gerard Lukban8th Floor SEC Bldg., EDSAGreenhills, Mandaluyong CityTel. Nos. 584-8141 and 584-5478

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