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Tuesday, April 01, 2008

 

EAST WEST
By Julius F. Fortuna
Protecting a P14-billion soldiers’ fund

 
THE Air Materiel Wing Savings and Loan Association, Inc. is a cooperative designed to help soldiers and policemen in times of emergencies. It is a nonstock, nonprofit group of some 220,000 investors and members. It’s almost like a medium-sized bank, holding about P14 billion in trust.

Something challenging happened to the group in the year 2005. Its board members, 11 of them, resigned to obtain a fresh mandate from a membership that was disappointed with a scandal that led to mistrust. This was during the term of retired Col. Luvin S. Manay, then the chairman and president.

In a special election set on Oct. 14, 2005, the resigned 11 directors and 35 ordinary members ran for office. But on election day, the Bangko Sentral ng Pilipinas ordered the suspension of several directors. Among them were Manay, Anselmo Geronimo, Jose Elaurza, Johnson Nestor Ocfemia and Antonio Mantuano.

These directors were disqualified from running. Reasons: The BSP suspension order and because they failed to submit the clearances required for their candidacies. Manay and his group went to court which started a legal battle in the regional trial court, in the Court of Appeals, and finally in the Supreme Court.

But the suits and the filing of cases did not deter the organization from continuing with the Oct. 14, 2005 election. Elected were Ricardo Nolasco Jr., Thaddeus Estalilla, Ismael Abad, Morado Mercado, Ricardo Perido, Cedric Reyes, Cesar Toledanes, Antonio Gumba, Rolando Caca­belos, Ruben Estepa, Do­mingo Dimapilis Jr. and Angel Tapac. Since the 11th slot was won by Dimapilis and Tapac, the two decided to split the term of office.

No leadership vacuum occurred in the organization, with Nolasco’s group assuming office. But in the legal battles, Nolasco’s group lost the initial fight—in the regional trial court and then in the Court of Appeals. But it gained the upperhand in December 2006 when it obtained a status quo ante order from the Supreme Court.

In October 2007, the Supreme Court handed down its decision directing Nolasco, Estalilla, Mercado, Manay,Geronimo, Elauza, Ocfemia, and Mantuano as holdover directors until an election is held. A last-minute legal maneuver by the Manay group to return to office before the scheduled elections, via a petition before the Court of Appeals, failed.

Implementing the SC decision, the board of trustees set an election on Jan. 18, 2008, to fill-up eight of the total eleven seats in the board. All members were notified and the scheduled election was published in the newspapers as required by the by-laws of the association.

Despite the presence of a notice, a democratic procedure required in cases of this kind, Manay and his group boycotted the polls. But the process had to continue. Of the 18 candidates for the eight positions in the board (the posts of the eight holdover directors per SC decision), Nolasco, Mercado, Es­talilla, Abad, Perido, Tapac, Gumba, and Toledanes were elected by the members. The eight elected directors, together with Rolando Cacabelos, Ode­lon Mendoza, and Cedric Reyes who were elected in early 2007, now compose the 11-member board of trustees.

Immediately, the association notified the Supreme Court of compliance with the October 2007 decision. Manay and his group did not challenge scheduled election on Jan.18, 2008, or questioned the result of the election before the regional trial court. This group went directly to the Supreme Court to have the election annulled that had been conducted with the winners already proclaimed and have assumed office.

Why the Manay group went directly to the Supreme Court, instead of following the rule on jurisdictions, is not clear at the moment. But I think that the issue of leadership of the organization has already been decided by the mass membership.

Cory should relax

“Cory rebounds, vows to pursue fight for truth,” one newspaper said yesterday. I think that former President Cory Aquino should relax and reduce, if not stop, her political activities. The same advice goes to President Fidel V. Ramos and President Joseph Estrada.

In terms of ethics, it should be awkward for a former President to call for the resignation of the incumbent, even under the guise of the search for truth or in the name of “supreme sacrifice.” Do the former presidents have a hidden agenda? Do they want to rule beyond their terms? Or do they want to hide their own shortcomings during their own terms?

In the United States, former presidents rarely talk about the incumbent. They understand the challenges of leadership, that is why they keep their mouths shut. If I were Cory, I would leave it to future historians to judge the term of President GMA. After all, President Aquino and others will also be judged by objective scholars.

President Aquino should not attack others, but should instead try to defend her own legacy. During her term, there were a lot of criticisms: the debilitating coups, her shameful stand on the bases treaty, the massacre at Mendiola and the questionable arrangements at Hacienda Luisita that could be a problem at the expiry of land reform. These should be her concerns, not hitting successor governments.

jules42na@yahoo.com

   
 

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