Acejo v. MPSTA

[SEC-SICD * CASE NO. 02-94-4693. October 5, 1994.] MARIA ACEJO, NELSON DULDULAO AND EUGENE CORDENETE , petitioners , vs . MPSTA, represented by its President, Victorino Alvarado and the Election Commission (Elecom) thru its Chairman, Angelica V. Rodriguez , respondents . D E C I S I O N This is an action which seeks, among other reliefs, to allow the petitioners to run as candidates for the board of directors of the Manila Public School Teachers Association, Inc. (MPSTA for brevity). LLjur The essential facts of the case disclose that the petitioners herein were refused to be recognized as candidates or nominees during the scheduled elections last February 24, 1994, respondents forwarding the reason that aforesaid petitioners are not members in good standing of the MPSTA for failure to pay premiums owing to its Mutual Benefit Association (MBA). Respondents also argue that the petitioners herein cannot run for the elective positions in the MPSTA due to the fact that they (petitioners) were given six (6) months suspensions each by the Civil Service Commission for Conduct Prejudicial to the Best Interest of the Service (Exhibits "9" and "10", inclusive). Petitioners counter the foregoing arguments by stating that no due process were accorded them as the petitioners' nominations were summarily rejected by the respondents ELECOM. On this ground, petitioners further state that no hearings were held in this regard by the respondent ELECOM and thus petitioner were not able to present their side of the issue. Furthermore, petitioners aver that the ELECOM by itself cannot make a determination as to who may not run in the elections to be held by the MPSTA, the same being a prerogative vested only in the board of directors and representative assemblies thereof. Petitioners also point out that the rejection of petitioners' nominations was tainted with malice aforethought, as they (petitioner) demonstrated that certain candidates who were similarly deficient in the payment of their MBA dues were allowed to run as candidates in the elections to be held on February 28, 1994, after due payment of their respective arrearages. On February 28, 1994 the Undersigned issued a Temporary Restraining Order (TRO) enjoining the aforenamed respondents or any person or entity in their behalf or stead from conducting a meeting on that same day, for the purpose of calling an election of the board of directors of the MPSTA, and at the same time setting the case for hearing on the application for injunctive relief on March 4, 1994. On August 10, 1994, after both parties exhaustively presented their evidence for and against the issuance of the aforesaid provisional remedy, it was agreed upon that the prayer for said injunctive relief be waived and instead proceed to resolve the merits of the instant case based on the evidence presented. Going over the evidence presented by both parties, it appears that ELECOM Chairperson, respondent Angelica V. Rodriguez was acting alone when said ELECOM is supposed to be a collegial body of the MPSTA (p. 26 TSN, May 26, 1994). The by-laws of the MPSTA further disclose, under Section 1, Article IX thereof that the Electoral Commission (ELECOM) shall be composed of a Chairman and two members who shall be elected by the Representative Assembly. To further bolster this finding, the MPSTA's Amended Election Code (Exh. "E") reads that "at all elections of officers and members of the Board of Directors of the Association, the MPSTA Electoral Commission COMPOSED OF THREE MEMBERS duly elected by the Representative Assembly, shall act as the governing and deciding body on all election matters. "It is clear that the ELECOM, at the time it acted on the petitioners' nominations was bereft of a quorum (p. 26, TSN, May 26, 1994). Even assuming that there was a quorum, it is clear from a reading of the Amended Election Code that one of the duties and responsibilities of the ELECOM is to "ACCEPT" and process nomination ( sic ) and prepare the official list of candidates." The aforementioned Code does not categorically state that the ELECOM is empowered to deny or refuse nominations. llcd Even if there was such a power endowed upon the ELECOM, the basic principle of sporting fair play was denied the petitioners. Respondents have not given individual petitioners sufficient opportunity to show cause why their nominations should not be denied. It further appears that the refusal of ELECOM to accept the nominations of the petitioners was done unilaterally as per testimony of Angelica Rodriguez (p. 37, TSN May 26, 1994). Upon a close circumspection of the 1977 by-laws of the MPSTA approved by this Commission, the same is silent on disciplinary sanctions to be administered on erring members. In the absence of any provision on the matter, it is understood that the expulsion or suspension of a member must be based on just and reasonable ground after notice and hearing of the charge against him (p. 591, de Leon Corporation Code of the Philippines). Applying this, petitioners' right to due process was therefore violated. Insofar as the non-payment of premiums are concerned it has been proved, to the satisfaction of the Undersigned, that the petitioners have duly tendered these arrearages and that the same have been duly accepted by the MBA. With this, the Undersigned believes and so holds that there is no salient reason for the respondents to refuse their nominations as candidates to be elected to the Board of the MPSTA. It is also worthy to note that no evidence was presented by either party that shows that the petitioners herein were declared delinquent by the MPSTA. Barring this, the petitioners are still deemed members in good standing. Furthermore, the petitioners correctly pointed out that MPSTA did not exert any effort to collect the unpaid premiums. It also appears from the evidence presented that the petitioners were being systematically singled and eased out by the respondents in this case, as there are candidates similarly situated as the petitioners who were allowed to run for directorship of the MPSTA, such as Susan Carag and Tess Daniel. Such actuations reek of partiality and bias which cannot be countenanced by this Commission. WHEREFORE, foregoing premises considered, JUDGMENT is hereby rendered: 1. Allowing petitioners herein, namely: Maria Acejo, Nelson Duldulao and Eugene Cordenette to run as candidates for the board of directors of the Manila Public School Teachers Association, Inc.; LLpr 2. Ordering respondents herein to include the aforenamed petitioners' names in the official list of candidates; 3. The respondents herein further directed to conduct elections of the Board of Directors of the MPSTA within forty-five (45) days from receipt of this Decision. SO ORDERED. (SGD.) EDUARDO P. BAROT Hearing Officer