Re: Cold Storage, Cold Logistics and Distribution as Public Utility; Ownership of Land

August 24, 2018SEC-OGC OPINION NO. 15-18RE: COLD STORAGE, COLD LOGISTICS AND DISTRIBUTION AS PUBLIC UTILITY; OWNERSHIP OF LANDDonato & Zarate7/F Electra House115 Esteban StreetLegaspi Village1229 Makati CityMetro ManilaAttention: Atty. Demosthenes B. Donato andAtty. Ma. Connie R. De GalaGentlemen :This is in response to your letters dated March 12 and 16, 2018 requesting for an opinion on whether or not your client, Igloo Supply Chain Philippines, Inc., (Igloo Philippines), is considered engaged in a partially nationalized activity. In your March 16 letter, you stated that:"x x x Igloo Supply Chain Philippines, Inc. (Igloo), is a stock corporation formed, organized and existing under the laws of the Republic of the Philippines x x x created for the primary purpose of engaging in the business of the operation of cold storage facilities, cold logistics and distribution services, value added cold processing and related services."In the attached Articles of Incorporation of Igloo Philippines, it is stated that its primary purpose is as follows:"to engage in the business of the operation of cold storage facilities, cold logistics and distribution services,...