Boardroom battle leads to violent takeover of two resorts in Subic

The clash between two stakeholders of the Subic Bay Marine Exploratorium Inc. (SBMEI), each claiming to be the rightful president and CEO of the company, has led to an armed takeover of the Ocean Adventure and the Camayan Beach Resort in Subic Bay Freeport Zone, one of the CEOs involved told GMA News Online.

In an emailed statement on Thursday, SBMEI President and CEO Arthur D. Tai said the resorts were illegally occupied by armed individuals.

"This week, a few disgruntled people came at night to take over our property at gunpoint, and now continue to occupy it. They say they came to claim their company and property. But it is without question illegal and wrong," Tai said in an open letter sent out to the company's employees last week. A copy of the letter was sent to GMA News Online.

"They have lied about my dismissal as President and CEO," Tai said in the letter.

"In truth the Board of Directors has given me their wholehearted support; they have lied about the status of the voting trust agreements, the status of which is unchanged; and they have misrepresented the facts to you," he said.

He was referring to the group of SBMEI stockholder Scott N. Sharpe, the group supposedly behind the takeover of the resorts late Monday, February 13, 2017.

Sharpe has yet to respond to calls made by GMA News Online.

'Not proper and lawful'

Sought to comment on the matter, the Subic Bay Metropolitan Authority (SBMA), which has authority over the resorts, said it does not want to get involved in the intra-corporate dispute but that the forceful takeover was not warranted.

"The actions taken by the new SBMEI management, headed by Mr. Scott Sharpe, were clearly not in accordance with proper and lawful procedures strictly enforced in the Freeport," SBMA Administrator Wilma T. Eisma said in an emailed statement.

"The SBMA has ordered the SBMEI to explain within forty-eight hours why the incident happened, as well as provide the agency answers regarding the status of its intra-corporate case/s and the changes in its corporate officers and rank and file employees resulting from the dispute," Eisma said.

According to court documents sent by SBMA to GMA News Online, Sharpe and Tai, as well as SBMEI stockholders Gail E. Laule and JV China Inc., were respondents to a case filed by the company.

"This is a complaint for Declaratory Relief and/or Interpleader seeking a ruling on the validity of the grounds of the revocation of the three (3) voting trust agreements, all dated June 17, 2015 executed by respondents JV China Inc., Gail E. Laule and Scott N. Sharpe in favor of co-respondent Arthur Tai," the court order, promulgated on January 12, 2017.

The combined shareholdings of Sharpe, Laule and JV China in the company constitute 70.8603 percent of the total outstanding capital stock of SBMEI, according to the decision.

In September 2016, Laule, Sharpe and JV China filed a petition to cancel their respective VTAs.

The validity of such cancellations is still being debated upon, according to the SBMA.

'Lack of merit'

But the Olongapo court decided that "It is clear that the right remedy petitioner can avail of, given the circumstances of the case, is not via a petition for declaratory relief.

"In view of the foregoing, judgment is hereby rendered dismissing the instant petition for lack of merit," the decision read.

For his part, SBMEI Board of Directors Chair Robert C. Braun questioned the legitimacy of Sharpe's ownership claims.

"If there was any legitimacy to their claims, they would have a court order, come during normal business hours with civil authorities, without an armed band of mercenaries, and without need to coerce and force," Braun said in a separate statement.

Braun claimed the armed individuals who took over the resorts supposedly maltreated and evicted the women from the staff dormitory and displaced the security personnel.

"This attack on SBMEI and our employees is also an attack on all businesses and people who work in the Freeport Zone," Barun said.

Tai and Braun said they are coordinating with police authorities and the Subic Bay Freeport Zone to restore the businesses taken over by armed individuals. — VDS, GMA News