Rehabilitation Program Approval
- The rehabilitation program formulated by the NDC for Agrix Marketing, Inc. and its affiliates was officially approved.
Dissolution and Reorganization
- The existing Agrix Group companies were to be dissolved.
- Their assets and liabilities would transfer to a newly organized corporation named New Agrix, Inc.
- The SEC was instructed to allow the formation of New Agrix, Inc. with an authorized capital stock of PHP 200 million consisting of 200 million shares at PHP 1 par value each.
- Paid-up capital would equal valid claims from investors and shareholders based on principal amounts only.
- Investors or shareholders facing or subject to criminal charges were excluded from claim consideration.
Issuance of Shares and Claim Validation
- New Agrix, Inc. must issue shares corresponding to the principal amount of valid claims upon submission of original proofs of investment.
- A Claims Committee representing the NDC, SEC, and Ministry of Justice was created to set rules for validating claims.
Settlement of Monetary Obligations
- New Agrix, Inc. assumes monetary collections from the dissolved companies, assuring principal value payments.
- Secured creditors: obligations bear 12% interest annually, payable in equal installments over 5 years starting one year after enactment.
- Existing mortgages and liens on dissolved companies’ assets are extinguished.
- Unsecured creditors: obligations carry no interest and are payable in equal installments over 10 years, starting one year after enactment.
- Accrued interest, penalties, or charges on obligations as of enactment date are not recognized.
Interest-Free Rehabilitation Loan
- The NDC shall provide an interest-free loan up to PHP 10 million to New Agrix, Inc., extendable with Presidential approval.
Tax Exemptions
- To support rehabilitation, New Agrix, Inc. is exempted from all National Internal Revenue Code taxes for five years from enactment.
Management of New Agrix, Inc.
- NDC manages New Agrix, Inc. until the rehabilitation loan is fully repaid to protect investors’ interests.
- The NDC must provide periodic management reports to New Agrix's Board of Directors.
- Upon full repayment, the Board assumes management responsibilities and appoints new management.
Liability Exemption for NDC
- The NDC, its officers, employees, and representatives are exempt from liability for acts or omissions in implementing the Decree.
Legal Proceedings and Claims
- All ongoing or future monetary claims against the dissolved companies are dismissed.
- Courts or adjudicatory bodies must not issue orders interfering with New Agrix, Inc.'s ownership and possession of the dissolved companies’ assets.
Government Agency Assistance
- The SEC and other involved government agencies are required to assist fully in enforcing and implementing the rehabilitation program.
Effectivity and Conditions
- The Decree takes effect 90 days from enactment or earlier if the Ministry of Justice certifies completion of criminal charges filing against Agrix principals.