Vicencio v. Reyes

[SEC-SICD * CASE NO. 08-93-4549. October 5, 1994.] FIDEL C. VICENCIO, ET AL. , plaintiffs , vs . VICTORINO REYES, ET AL. , defendants . D E C I S I O N This is an action which seeks to remove defendants from their positions as president, vice-president and treasurer of the Bonifacio-Acacia-Sangandaan Tricycle Operators and Drivers Association, and to order said defendants to pay amounts taken from the funds of BASTODA and converted for defendants own use and benefit. LexLib In support of the foregoing, and insofar as they are material to the instant case, plaintiffs allege that the defendants herein were appointed as president, vice-president and treasurer of BASTODA sometime after July 27, 1992. That an election should have been held on the last Sunday of May of 1993, as provided by their by-laws, but the same was not done because respondents refused to conduct a meeting for that purpose. Plaintiffs further allege that defendants collected daily dues from the period of August 1992 up to March of 1993 in the sum total of P91,855.00 as testified to by witness Fidel Vicencio; that the respondents herein have failed to account for funds which were in their possession during the time they (respondents) served as officers of the BASTODA. On the other hand, defendants have not presented any evidence to contravene the foregoing, despite being given several opportunities to do so and as a consequence of which they were declared in default. Carefully studying the evidence presented, it appears that the BASTODA has a vacuum or hiatus in its Board of Trustees and Officership. In order to remedy this, meeting must be called for the purpose of electing a new set of trustees and officers of BASTODA. A special election must be taken into consideration at this point because of the failure to hold an annual election last May. Insofar as the plaintiffs' other prayer is concerned, which is the return of amounts defendants' herein were supposed to have embezzled, the undersigned believes that a ruling upon this matter would be premature considering that there is a pending criminal case for Estafa before the Public Prosecutor's Office of Malabon, I.S. No. 93-452 as to whether or not defendants are liable for embezzlement. Besides, as to the alleged perceived discrepancies in the BASTODA's finances, and it appearing that certain funds were not accounted for by the defendants, it would be more proper to refer this matter to this Commission's Supervision and Monitoring Department for the purpose of conducting an external audit on BASTODA's financial status. Furthermore, the matter of the defendants' possible criminal liabilities is hereby referred to the Prosecution and Enforcement Department for their appropriate action. WHEREFORE, foregoing premises considered, JUDGMENT is hereby rendered Ordering the holding of a special membership meeting, in accordance with the BASTODA's by-laws, for the purpose of conducting an election of the board of trustees and officers of the aforenamed association within thirty (30) days from receipt hereof. prLL Let copy of this Order be furnished upon the Supervision and Monitoring Department and Prosecution and Enforcement Department for their appropriate action. No pronouncement as to costs. SO ORDERED. (SGD.) EDUARDO P. BAROT Hearing Officer