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Peregrine Development International Inc. Contract with GGDC Remains Valid

  • Wednesday, September 17, 2014
  • by
  • ★JayL Aquino

  • Contractor Peregine Development International Inc. (Peregrine) on Tuesday said its contract with Global Gateway Development Corp. (GGDC) remains valid pending a final decision from the Court of Appeals.

    Peregrine, in a statement, said the CA issuance of temporary restraining order (TRO) in favor of GGDC does not authorize for the takeover of the Global Gateway Logistics project at the Clark Freeport in Pampanga.

    The Global Gateway Logistic City project is a 177 hectare mixed use logistics and business center.

    Peregrine, the local contractor and the project owner GGDC are embroiled in a dispute. GGDC committed to fund and finance the 177 hectare green-field site adjacent to the Clark International Airport.

    Peregrine stressed that the CA TRO only enjoins the Angeles RTC orders from being implemented.

    "However, this does not mean that Peregrine no longer has any right under the Engineering, Procurement , Construction and Management (EPCM). Again, this will only be resolved in arbitration," Peregrine said.

    Peregrine said it conceived the project in 2006 and paid $20,000 for the right to develop the site.

    Through 2007, Peregrine conducted environmental and land use studies, developed a master plan and financial models and sought out third party investors.

    In the course of this search Peregrine identified and selected the Kuwait group known as KGL. One of the affiliates of KGL, KGL Investment Company (KGLI) then agreed to carry the investment. The parties then memorialized their agreement in EPCM contract in 2008 which stipulated that Peregrine would retain exclusive rights to be the developer and prime contractor while KGLI would fund and finance the project for the duration of the 50 year lease.

    KGLI initially funded the project through a private equity fund called The Port Fund (TPF) and a local entity established in the Philippines, GGDC.

    A dispute arose over a notice of termination that GGDC sent to Peregrine in April.

    The EPCM contract does mandate that all disputes were subject to arbitration. This is a key point since Philippine law does recognize the authority of arbitration tribunals, which has now been legally constituted in Singapore. Thereafter, in May, GGDC filed for Arbitration in Singapore.

    Peregrine also clarified reports that GGDC had assumed “operational control” of the project following the issuance of the TRO.

    "Upon a thorough reading of the TRO one learns that the Appeals’ Court TRO only temporarily set aside for 60 days the previous rulings of the RTC where Peregrine had initially filed its complaint. Peregrine, however, had filed, and is still pending an Urgent Motion for Reconsideration (MR)," the company said.

    Peregrine said the CA ruling is only for 60 days and did not permanently nullify or set aside the orders of the RTC.

    "The said orders simply may not be enforced at this time. Indeed, it is possible that the CA may ultimately rule on the MR to affirm or uphold the RTC orders," it said.

    Peregrine stressed that the CA ruling also did not direct Peregrine to vacate the GGLC project site or remove it from possession.

    The decision also did not authorize GGDC to takeover the project site.

    It added that the CA decision did not give license to GGDC to bring in new contractors, security force and other workers to the side.

    "GGLC has no final legal court order or arbitral award, hence it has no right to disregard or throw away Peregrine, who has a contractual right to be the sole developer and prime contractor," it said.

    For six years, Peregrine has been the sole EPCM contractor for the GGLC project.

    "GGDC has no legal right to introduce new contractors or usurp the rights of Peregrine as the exclusive developer and prime contractor.," it said.

    Peregrine also denied alleged breaches in its contract with GGDC including cost overruns, dealings unbeneficial to GGDC, the use of GGDC-funded assets for non-GGDC projects, failure to comply with applicable laws which materially affected the project’s implementation, failure to faithfully observe the procurement and bidding procedures to ensure competitive bidding, and willfully committing other acts inimical and adverse to the best interest of GGDC.

    "Peregrine vehemently denies the allegations made by GGDC. The truth is, for the past six years GGDC has evaluated Peregrine’s performance on a quarterly basis based in large part based on monthly independent audits that GGDC itself conducts," it said.

    These quarterly performance evaluations of Peregrine by GGDC reflect ratings of 100% for the last 10 consecutive quarters through the first quarter of 2014.

    The evaluations are based on Peregrine’s strict adherence to Schedule, Cost Control, Value-Added and Overall Performance. The cumulative average for all six years, through the first quarter of 2014, of Peregrine’s performance rating from GGDC is 96.8%.

    "This fact cannot be denied by GGDC as it is supported by monthly budget, cost and independent audit reports and on site ocular visits. Further, GGDC has also asserted and certified, each and every year, in their annual GGLC project audited financial statements that they “are free from material misstatements whether due to fraud or error," it said.

    Peregrine is also refuting allegations that the failed to abide by the termination of the agreement and has reportedly caused millions of dollars of unnecessary losses to GGDC.

    Peregrine rejects GGDC’s allegations because in fact, it was GGDC who failed to abide by the terms of the contract when it inappropriately issued its termination notice.

    In reality, it is Peregrine that is, and continues to be, seriously and irreparably harmed by the illegal and invalid termination of the EPCM contract by GGDC.

    Further to GGDC’s improper and invalid termination, on June 3rd, GGDC willfully and maliciously removed over a million US Dollars from the Working Capital Account (WCA) that was used to fund and finance the project.

    This money was previously budgeted, allocated and approved by GGDC, including over a million of this for ongoing construction work that had been performed on the Medical City hospital.

    A review and audit of the WCA checking account will illustrate that on June 3rd millions dollars was in fact withdrawn by GGDC.

    It was GGDC’s own unilateral act that caused 14 checks previously drawn on the account to immediately bounce for insufficient funds.

    "In good faith, and with hope that issues could be resolved, Peregrine continued to fund work through June and July using its own funds," it said.

    In August, Peregrine was left with no choice but to suspend all work and to lay-off 170 workers. It was a sad event to layoff so many loyal workers because the investor, GGDC, not only stopped funding the project, but took back over a million dollars on June 3rd that had been previously budgeted, authorized and approved for work.

    "The layoffs were the direct result of GGDC withdrawing all the funds from the WCA and their continued refusal to comply with the RTC orders to reconstitute the status quo. This is what caused the suspension of all work, this is what caused the loss of over 1,000 jobs, this is what caused the bounced checks, this is what caused many vendors and suppliers to go unpaid and the accrual of millions of dollars of claims with corresponding economic problems for those who worked and supported GGLC for the past six years," it said.
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    MIDEA Lab-a-Fair!

  • Friday, September 12, 2014
  • by
  • ★JayL Aquino

  • MIDEA, the world’s number 1 manufacturer of consumer appliances, enters the Philippine market with a perfect product to address this consumer pain – Enter the Midea One –Touch Washing Machines.

    To effectively introduce this to Filipino Consumers, Midea had a grand Lab-a-Fair at Barangay Holy Spirit Covered Court, Quezon City, where the consumers tried first-hand, the ground breaking features of their new washing machines.

    Doing the laundry may not be the most endearing of all household chores, but Concepcion Midea Inc. (CMI) made sure that starting today, Filipino families will find doing the laundry to be fast, convenient, time-saving and affordable.


    The families of Barangay Holy Spirit along Commonwealth venue in Quezon City trooped to the Barangay Holy Spirit covered court for the “Midea Lab-A-Fair” and experienced first-hand what Midea washing machines, particularly the Midea One-Touch Washing Machine, are all about.

    10 Midea One-Touch washing machines were installed for the Midea Lab-A-Fair, with 8 positioned at the “One Touch Laba Station” at the court, and 2 units at the Demo Truck parked nearby. Each washing machine unit has a power meter installed to showcase its P1 per wash load capability.

    The free laundry activity allowed 100 registrants to do the free One Touch trial, with a maximum of 8 kilos of laundry per person. To participate, barangay residents first went to the weighing stations to determine the weight of their laundry, after which, the laundry was then placed in a special bag complete with a number tag that served as the resident’s queue number for the One-Touch Laba Station. While waiting for their laundry to finish, a handful of Midea Specialists talked about the innovative special features of the Midea One-Touch Washing Machine.

    After that, the clean laundry was then placed in a special Midea laundry bag.

    But the Midea Lab-A-Fair was not just about washing clothes for free. As an added treat to Barangay Holy Spirit residents, special activity booths were also set up to highlight the washing machine’s features and to deliver more fun and excitement.

    The booths featured entertaining games such as “PISO Roleta Game,” “Magic Cube Game,” “Water Control Game,” and a photobooth was also set up where residents had their photos taken and got a free souvenir from Midea.

    And the most awaited parts of the event were the special Midea Lab-A-Fair truck, a special entertainment show hosted by Gelli Victor and Gabe Mercado with thrilling games like the “One Touch Game” and the “Pera O Batya Game,” and of course the raffle, where lucky residents took home special prizes like Midea Laundry Packages and brand-new Midea Microwave Ovens.

    “We are very delighted with the turnout and we look forward to doing this more often, particularly in barangays in Metro Manila where washing clothes is quite difficult, and drying is also a challenge given the rainy weather we have. This event is Midea’s gift to the people where they can experience doing their laundry in the most cost-efficient way and most of all, be able to enjoy doing it,” explains Mr. Joeben Gamatero, Marketing Director of Concepcion Midea, Inc.

    The Midea One-Touch Washing Machine boasts of one-touch button features, as it provides 16-percent better cleaning of clothes with its 3D Waterfall feature that creates strong water current inside to enable water and detergent to penetrate the fabric more efficiently, the Water Magic Cube feature that saves time by doing away with untangling of clothes, plus Smart Sensors to ensure that the right amount of water is loaded in every wash.

    Midea, one of the world’s most trusted appliance brands, is distributed in the Philippines by Concepcion Midea, Inc., a joint venture of the country’s big names in quality home appliances: Concepcion Industrial Corporation and Concepcion Carrier Air Conditioning, with the objective of bringing quality and innovative home appliances to consumers in the Philippines.

    Know more about MIDEA by "liking" them on Facebook: https://www.facebook.com/MideaPhilippines
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    DepEd, Marikina City finalize plans for 6th ASEAN Schools Games

  • Wednesday, September 10, 2014
  • by
  • ★JayL Aquino

  • This is a big challenge for our country and we thank the Department of Education (DepEd) for giving us this task,” said Marikina City Mayor Del R. De Guzman at the signing of the Memorandum of Understanding with DepEd on the hosting of the 6th ASEAN Schools Games (ASG).

    The ASG is an annual sports competition among students of the Association of Southeast Asian Nations (ASEAN). Apart from providing the youth with opportunities to showcase their sporting talents, the ASG promotes solidarity and fosters cultural exchange among the youth of participating countries. In November 2013, the Philippines hosted a Golf Tournament of the 5th ASEAN Schools Games hosted by Vietnam.

    Education Secretary and honorary chairman of the 6th ASG Governing Board Br. Armin Luistro FSC explained, “This (ASG) is very important, not only for Marikina but most especially for the Philippines, because here we can showcase the country’s talents in the area of sports and show that we are ready for the world.”

    Undersecretary for Regional Operations Rizalino Rivera said, “This is historic, because this is the first time the Philippines will be hosting the ASEAN Schools Games.” Rivera said that the country is privileged to accommodate all the ASG delegates. “The ASG is like the ASEAN Games but for younger people so you could just imagine the scale of participants in this sporting event,” he added.

    Participating countries are Brunei, Indonesia, Singapore, Malaysia, Thailand, Laos, Vietnam, and the Philippines, as this year’s host.

    Luistro shared his hopes for the event, “My prayer is that the experiences of the athletes and their delegations will be a lasting memory for them -- part of the legacy which we hope to impart to our youth during this administration.” The ASG will be held in the City of Marikina from November 29 to December 7, 2014.
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    Respect Court decision and fund Clark project, Peregrine tells GGDC

  • Wednesday, September 03, 2014
  • by
  • ★JayL Aquino

  • Prime contractor and developer Peregrine Development International (Peregrine) wants Global Gateway Development Corp. (GGDC) to respect the law and fund the continuing development of Global Gateway Logistics City (GGLC) project in the Clark Freeport Zone. Peregine, in a statement said GGDC should comply with the court orders and fund the the working capital account to complete the Medical City hospital and other work while the arbitration process proceeds.

    To recall, last June 3, 2014 all work on the GGDC project at the Clark Freeport Zone was suspended indefinitely.

    This was the direct result of GGDC unilaterally removing all project development funds used by Peregrine from a WCA used by Peregrine for project development and construction.

    "While there is a CA decision temporarily suspending for 60 days the preliminary injunction ordered by the RTC of Angeles City, Peregrine is still urging GGDC to respect the RTC decision which has not been reversed and continue funding the GGLC project to avoid the loss of jobs and spur the development of Clark," Peregrine said. The effect of closing the WCA, removal of all the money from that account and then continued refusal to replenish it resulted in the loss of 800 direct and indirect project employees in addition to many local vendors and suppliers unable to get paid for work performed.

    Despite the best efforts by Peregrine to avoid a project shutdown, including the new Medical City hospital, work had to be suspended due to the cessation of funding despite the fact that these funds had been previously planned, budgeted and approved to pay vendors, suppliers and employees, including work on the hospital.

    Peregrine conceived the project in 2006 after signing an agreement with the Clark Development Corporation (CDC) to develop the site.

    Peregrine then completed environmental and land use studies and developed a conceptual master plan to create a modern aviation oriented logistics and business park adjacent to the Clark airport making it the country’s first Aerotropolis. Peregrine then sought out third party financing which led to a Kuwaiti investor, agreeing to finance and fund the development.

    The rights of the two parties is conformed in what is called an Engineering, Procurement and Construction Management (EPCM) Agreement. It is the EPCM Agreement that is in dispute which was further worsened when the Kuwait entity removed all means to pay for work performed.

    Peregrine was therefore constrained to resort to the courts. Peregrine was granted a 72-hour temporary restraining order (TRO) on June 10, 2014 which was thereafter extended an additional 17 days on June 13, 2014. The TRO mandated that GGDC cease implementing the termination, fund the WCA account, and continue to maintain a status quo until the arbitration process in Singapore was completed.

    Despite this, GGDC continued not to fund the project and made attempts to retake the project site. These actions led to the filing of an “Urgent Petition for Contempt.”

    On June 27, 2014, a Writ of Preliminary Injunction against GGDC was issued which effectively directed GGDC to “respect the terms of the EPCM agreement and continue to fund the GGLC project throughout the duration of the dispute.” However, GGDC continued not to abide by the Writ of Preliminary Injunction. Peregrine also refuted reports that construction is presently taking place at GGLC. Contrary to other press releases there is no construction of any kind taking place on the GGLC project site or the Medical City hospital nor is there any active mediation taking place.

    The hospital which was hoped to be ready for the hosting of the 2015 APEC conference is also now seriously in jeopardy.

    This dispute has caused a very real and serious impact to the local community at Metro Clark with hundreds of jobs lost and many subcontractors, suppliers and vendors not being paid. For the past six plus years Peregrine’s work as the developer and prime contractor of GGLC and has been evaluated by GGDC under the governing EPCM agreement on a quarterly basis.

    Of the potential 100% award fee points possible to earn based on cost controls, adherence to schedule and value engineering, Peregrine has achieved a cumulative average of 96.7% with the last 10 successive quarters including the first quarter of 2014 being rated at 100%.

    Peregrine questioned statements made by GGDC to accelerate funding and development of the GGLC project, this time committing $150 million to finish five office towers with a gross floor area of 145,000 square meters, a retail and gas plaza, and a hotel and serviced apartment complex by the end of 2015 creating employment opportunities for over 15,000 Filipinos from the region.

    "Other proclamations over the last six years have similarly been heard which calls into question the validity and credibility of these most recent releases. It also calls into question why they do not just comply with the court orders and refund the WCA and complete the hospital and other work while the arbitration process proceeds," Peregine said.

    The project, while brilliantly conceived by Peregrine and has gained both national and international attention.

    It has suffered from the inability to adequately fund the pace of development required. "The Philippine government should note that GGDC has made little progress over the past six years they have held the site which one can rightfully attribute to inadequate funding," Peregrine said.
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    BIGFISH INNOVATION WHITE 2014: The Lost Continent

  • Wednesday, August 27, 2014
  • by
  • ★JayL Aquino


  • This is the Era Of White! Let us all unite in WHITE for one magical dance event! Are you ready for BIGFISH INNOVATION WHITE 2014: The Lost Continent?! Featuring international DJs: JOCHEN MILLER and KHOMHA. With BigFish resident DJs: IAN SANDRZ, CHRIS RAUEBER. This is gonna be epic! Log-in to bigfishmanila.com  for more. Work Hard Party Harder!

    For early VIP tables
    call 8088080 / 09178847333

    VIP TABLES:

    • Stage 1: Php30,000.00 
    • Stage 2: Php25,000.00 
    • Stage 3 & 4: Php20,000.00 

    All VIP tables come with 1 Premium bottle of Absolut vodka, 10 SML beer + a mixer.  VIP tickets: Php3500.00 comes with 2 drinks. Cocktail tables: Php7,000.00 good for 5 pax, comes with 20 SML beer. Pre-selling tickets: Php700.00 Door charge: Php1200.00

    For VIP table / ticket reservations, call 09178847333 / 8088080
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    CIGNAL TV, DISNEY XD Bring SPIDER-MAN for Special Meet & Greet

  • Friday, August 22, 2014
  • by
  • ★JayL Aquino

  • In keeping true to its commitment of providing the best viewing experience to its subscribers, Cignal TV recently tied up with The Walt Disney Company Southeast Asia (TWDC SEA) to bring kids channel Disney XD in HD to its loyal subscribers, which is a first in the country. This historic partnership between two media stalwarts is expected to bring in unsurpassed viewing experience and quality content to Filipinos across the country.

    Disney XD in HD channel is the TV home of Marvel series featuring superheroes such as Spider-Man, Iron Man, Hulk, Captain America and Thor, and also features original Disney XD series including the martial arts comedy Kickin' It, the fun animated series Kick Buttowski - Suburban Daredevil, live action series Crash & Bernstein, and the highly anticipated Star Wars animation series, Star Wars Rebels.

    Read More...

    Statement on the revision of the DepEd Vision-Mission-Values

  • by
  • ★JayL Aquino
  • The Department of Education's Vision, Mission, and Core Values (VMV) statements serve as guiding principles in its unwavering thrust to provide quality education that cultivates passion for the country that is anchored on a set of core values.

    The Mission outlines what we ought to do and how the different actors are to behave to bring us closer to the Vision.

    The core values that ground us are Maka-Diyos, Makatao, Makakalikasan, at Makabansa.

    The Department's VMV is one document and should be read in its entirety to grasp the full meaning. It is a living document that is meant to reinvigorate our Agency and society as a whole. It is meant to permeate and to affect the way we behave and how we find solutions to complex issues. It is meant to be part of public discourse and personal transformation. It is not static and not intended for mere posting on walls and tables.
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    Warner Bros. Crosses Billion-Dollar Mark at US Box Office

  • Friday, August 15, 2014
  • by
  • ★JayL Aquino

  • On Monday, August 4, Warner Bros. Pictures became the only film studio in history to earn more than $1 billion at the domestic box office for 14 years in a row. In fact, the division has crossed the billion-dollar mark for 15 of the past 16 years. The announcement was made recently by Dan Fellman, Warner Bros. Pictures’ President of Domestic Distribution.

    The studio passed the billion-dollar threshold thanks to a huge first quarter, featuring the box office success of New Line Cinema’s and Metro-Goldwyn-Mayer Pictures’ “The Hobbit: The Desolation of Smaug,” the second in Peter Jackson’s Trilogy, which opened in late 2013 but which enjoyed substantial returns in the first quarter of this year.

    2014 continued to build with Warner Bros. Pictures’, Village Roadshow Pictures’ and LEGO® System A/S’s blockbuster animated feature “The LEGO Movie”—which was the #1 movie for the first half of 2014—and “300: Rise of an Empire,” the heavy-hitting follow up to Zack Snyder’s groundbreaking “300,” from Warner Bros. and Legendary Pictures. Summer started with a bang thanks to the monster hit “Godzilla,” from Warner Bros. and Legendary, IMAX®’s largest opening this year, followed by Doug Liman’s action thriller from Warner Bros. and Village Roadshow, “Edge of Tomorrow,” starring Tom Cruise and Emily Blunt, and one-of-a-kind comedy from Melissa McCarthy as New Line’s “Tammy.”

    In making the announcement, Fellman said, “This is a proud day for our studio. To cross such an extraordinary milestone once again is a direct reflection of the high standards and incredible efforts of the dedicated and creative individuals at work here, both on and off the screen. We still have an exciting roster of films yet to open this calendar year and, together with the talented teams bringing them to the theater, we look forward to continued success.”

    Still to come in 2014 from Warner Bros. Pictures are: New Line’s and MGM’s “If I Stay”; Alcon Entertainment’s “Dolphin Tale 2”; the dramatic comedy ensemble of “This Is Where I Leave You,” starring Jason Bateman, Tina Fey and Jane Fonda; “Annabelle,” another chapter in New Line’s highly successful “The Conjuring”; David Dobkin’s “The Judge,” starring Robert Downey Jr. and Robert Duvall in tour-de-force performances, from Warner Bros. and Village Roadshow; New Line’s sequel to the hit comedy “Horrible Bosses,” “Horrible Bosses 2,” reuniting the stars from the original, including Jason Bateman, Jason Sudeikis and Charlie Day; “Inherent Vice,” Paul Thomas Anderson’s “surf noir” adaptation of author Thomas Pynchon’s cult favorite novel; and from New Line and MGM, the much-anticipated finale to Peter Jackson’s “The Hobbit” Trilogy, “The Hobbit: The Battle of the Five Armies.”
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