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By Jomar Canlas, Reporter
THE Court of Appeals has stopped the Pasay City
Regional Trial Court from allowing the group of Ret. Col. Luvin
Manay to the board of trustees of the controversial tug-of-war in
the Air Materiel Wing Savings and Loan Association Inc. (AMWSLAI),
the soldier’s profitable pension fund.
In a three-page resolution written by Associate
Justice Lucas Bersamin, the Court’s 14th Division issued a
temporary restraining order (TRO) in favor of the petitioners from
the new batch of board of trustees elected recently: Col. Rolando
Cacabelos, Capt. Odelon Mendoza and Lt. Cedric V. Reyes.
The appellate court ruling restrains Pasay City
Judge Jesus Mupas of RTC, Branch 117, from enforcing its December 10
order allowing the return of the Manay group to the helm of the
firm, and commanding the entire board to vacate their AMWSLAI seats.
“In the event that the private respondents
have been reinstated, they are temporarily enjoined from discharging
or further performing the functions of the members of the AMWSLAI
Board of Trustees and from excluding the petitioners from the proper
exercise of their rights and duties as duly elected members of the
AMWSLAI Board of Trustees,” the ruling says.
The appellate court’s TRO was directed to Col.
Luvin S. Manay, Antonio Mantuano, Jose Elaurza, Johnson Nestor
Ocfemia and Anselmo Geronimo.
The appellate court also required the latter to
comment on the petition within 10 days from notice.
Currently, the firm’s board of trustees is
composed of Ricardo L. Nolasco Jr., chairman and president; Thaddeus
P. Estalilla, vice-chairman; Cedric V. Reyes, secretary and trustee;
Domingo E. Dimapilis Jr., treasurer and trustee; Odelon C. Mendoza;
auditor and trustee. Sitting in the board as trustees are Antonio S.
Gumba, Ismael A. Abad, Rolando S. Cacabelos, Cesar S. Toledanes,
Morado O. Mercado, and Ricardo P. Perido.
The petitioners claim the Pasay City court’s
order to reinstate the Manay group was in violation of their right
to due process.
The appellate court issued the said resolution
after “finding [that] the application for TRO to be well founded,
and it appearing that the petitioners were not parties in the [Pasay
RTC] case.”
The appellate court’s ruling also restrained
Col. Manay’s group “from taking any action and transacting any
business in the name and behalf of AMWSLAI” while the TRO is in
effect.
Justice Bersamin sat as a temporary member in
the 14th Division, since Justice Arcangelita Lontok was on leave.
Other regular members of the Division are Justices Mariano del
Castillo and Romeo Barza.
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