Iglesia Filipina Independiente vs. Bishop Soliman Ganno, et al.

[SEC CASE NO. 3193. July 20, 1987.] IGLESIA FILIPINA INDEPENDIENTE, through its SUPREME HEAD, MSGR. MACARIO V. GA , petitioner , vs . BISHOP SOLIMAN GANNO, BISHOP TITO PASCO, and MR. SABOG, JR. , respondents . O R D E R This treats of petitioner's prayer for the issuance of a writ of preliminary injunction to enjoin the respondents from assuming their functions as officers of IFI on the basis of the election held on May 8, 1987. On June 29, 1987, the date when the instant petition was filed, a temporary restraining order was issued and at the same time, this Commission set the hearing on the injunction incident on July 7, 1987. Subsequently, thereafter, respondents filed an Omnibus Motion praying for the dismissal of the instant petition and the lifting and/or dissolution of the temporary restraining order alleging among others, as grounds therefor, the following: (a) that petitioner Ga does not have any legal capacity to sue and/or is not the real party in interest; (b) there is another action pending between same parties for the same causes of action; (c) petitioner has failed to show that he is entitled to the relief demanded; (d) petitioners has failed to show that he will suffer irreparable injury or damages; and (e) petitioner does not come to the SEC with clean hands. ESDHCa In support of their claim that there is no basis for the issuance and continuation of a temporary restraining order, respondents maintained that under the provisions of the Rules of Court, injunction will only be granted if it is established that "plaintiff is entitled to the relief demanded". The existence of a right violated is a pre-requisite to the granting of an injunction, and, where it is clear that the complainant does not have the right that he claims, he is not entitled to an injunction, either temporary or perpetual, to prevent a violation of such right. (Araneta vs. Gatmaitan, et al., 101 Phil. 328) Petitioner's claim that he has a color of legitimacy to be leader of the IFI cannot find any support from the evidence presented. The SEC certification (Annex "A" of the petitioner) cannot be evidence to show that petitioner in fact was elected since at the time said certification was filed the leadership issue in the IFI was being litigated in SEC Case No. 2055. Upon the other hand, petitioner claims that he was elected Supreme Bishop on May 8, 1985 as evidenced by the minutes of the said proceedings (Exh. "A"); that his election on said date has never been questioned or disputed even up to the present time and as proof of this fact, a certification from the Securities and Exchange Commission was presented (Exh. "C"); that the respondents threatened to hold a general assembly for the purpose of electing the officers of IFI; but upon timely motion he filed, a temporary restraining order was issued by the Commission en banc enjoining Abdias dela Cruz and the latter's group from holding their general assembly meeting at Bacoor, Cavite; that respondents, when being served with copy of the Order of the Commission en banc, refused to acknowledge the aforesaid Order; that despite the existence of the Order, respondents held their general assembly meeting at Bacoor, Cavite; that he was able to get a copy of a certification from the corporate file of the Philippine Independent Church stating the officers who were elected in the general assembly meeting held on May 8, 1987; and that immediately thereafter, he filed a motion for contempt which up to now is pending resolution before the Commission en banc. After consideration of all the facts and evidence thus far adduced during the hearing, this Commission feels constrained, for reasons which will be shown below, to uphold petitioner's right to the injunctive relief being prayed for. From the evidence submitted, the petitioner was able to establish that (1) he was elected as Supreme Head of IFI on the May 8, 1985 General Assembly meeting (Exh. "A"); (2) that his election as Supreme Bishop of IFI was never contested or disputed (Exh. "C"); (3) that when respondents announced the calling of their General Assembly meeting for the purpose of electing their officers, petitioner filed a motion to stop the aforesaid General Assembly meeting with the Commission en banc where a case involving the IFI is pending (Exh. "D"); and (4) that the Commission en banc issued an Order dated May 8, 1987 (Exh. "E"), enjoining the respondents from conducting their General Assembly meeting. HTDAac However, notwithstanding said Order of the Commission en banc, the respondents proceeded with the holding of the scheduled General Assembly meeting wherein respondent Soliman Ganno was elected Supreme Head, respondent Tito Pasco as General Secretary and respondent Mr. Sabog as Treasurer. A motion to cite respondents in contempt for violating the order of the Commission en banc was filed and is now pending resolution (Exh. "M"). From the foregoing, it would appear that respondents' election was in clear violation of the order of the Commission en banc while that of the petitioner was never disputed. But while it is true that petitioner's election as Supreme Head on May 8, 1985 has never been questioned, the validity of said election also hinges principally on the final resolution of the issue on IFI's leadership which is now pending before the Commission en banc. As previously ruled upon in SEC Case No. 2055, this Commission considers the election of petitioner Ga as Supreme Bishop on May 8, 1985 to be in disregard of the Order of this Commission, the Supreme Court and the Commission. And until the issue on the leadership of the church is resolved, any election in the interim, to our mind, should, as much as possible, be prevented from being conducted. And in order to avoid complicating further the issues, there is a necessity for the issuance of the injunctive relief being prayed for. WHEREFORE, let a writ of injunction be issued upon the filing by the petitioner of a bond in the amount of Ten Thousand (P10,000.00) Pesos, enjoining the respondents from assuming their functions as officers of IFI on the basis of the election held on May 8, 1987, as follows: respondent Bishop Ganno from acting as the Supreme Bishop of IFI, respondent Pasco from acting as Secretary General and respondent Sabog as Treasurer of IFI until further orders from this Commission. SO ORDERED. (SGD.) ALBERTO P. ATAS Hearing Officer (SGD.) BERNARDO T. ESPEJO (SGD.) ANTERO F.L. VILLAFLOR, JR. Hearing Officer Hearing Officer