Manila Times

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Monday, May 19, 2025

SEC Orders Winland Towers to Address Director Eligibility Concerns

Allegations from a Canadian complainant prompt regulatory scrutiny of Winland Towers’ management.
The Securities and Exchange Commission (SEC) Cebu Extension Office has issued a directive to Winland Towers Condominium Corporation, located in Barangay Kamputhaw, Cebu City, requiring the corporation to respond to allegations regarding the qualifications of its directors.

The summons was initiated by Canadian complainant George Nathaniel Hancock, who has previously been a notable critic of the condominium's management.

As mandated by the SEC, Winland Towers is required to submit a verified answer to the complaint within a 15-day period.

Hancock's grievances center around concerns of mismanagement at the condominium, including allegations of violations of the Fire Code, criminal negligence, and potential collusion between Winland Towers and regulatory bodies including the Bureau of Fire Protection (BFP) and the Office of the Building Official (OBO).

Notably, Hancock had previously urged the National Bureau of Investigation (NBI) 7 to investigate his claims, emphasizing that Winland Towers had not received a fire safety inspection certificate and had failed to comply with relevant safety regulations.

His criticisms further extend to the SEC's responsiveness to unit owners’ demands for transparency regarding the condominium’s financial records.

In its summons, the SEC cited Section 26 of the Revised Corporation Code of the Philippines (RA 11232), which outlines disqualification criteria for individuals serving as corporate directors.

The law specifies that individuals may be disqualified if they have been convicted of serious offenses within five years prior to their appointment or if they have violated provisions of the Revised Corporation Code or the Securities Regulation Code.

The SEC document warned that failure to submit a verified answer would result in a default judgment in favor of the complainant.

Hancock has expressed dissatisfaction with this approach, arguing that the SEC’s reliance on Section 26 is inappropriate and favoring Section 27, which addresses the administrative removal of directors as more applicable to his case.

He criticized the SEC for what he perceives as a selective application of the law, suggesting a failure to protect unit owners' rights.

In response to the ongoing situation, Hancock has formally lodged a complaint with the Office of the President, seeking intervention to ensure that the SEC adheres to its legislative mandates.

Winland Towers’ building administrator, Kristina Alvarez, stated that they had yet to receive the SEC summons and indicated that upon receipt, the matter would be referred to their legal counsel for further action.
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