Torda v. Seguiza

[SEC-SICD * CASE NO. 09-94-4866. March 20, 1996.] NEMINLU P. TORDA , petitioner , vs . NORMAN SEGUIZA , respondent . D E C I S I O N This is a petition for gross usurpation of authority and gross misrepresentation filed by the petitioner alleging, among others, that as a co-founder of the Holy Spirit Temple Ministry, Inc. And one of its incorporating trustees, he is the rightful successor of Rev. Salvacion de Leon, who died on May 29, 1994. From the petitioner's allegation in his petition, it appears that the Holy Spirit Temple Ministry, Inc., is a church organization registered with this Commission with principal office located at 328 Edang St., Pasay City, Metro-Manila. The incorporating trustees of the corporation are: llcd Rev. Salvacion de Leon Rev. Francisco Tacaisan Nida de Leon Neminlu Torda Sonia Saballero Elvie Cabando Pedro Dorosan Romeo Magtoto Jesus Bantola The name of Salvacion de Leon appears alternately as President and Pastor of the church from 1984 to 1991 but no election was ever held since 1994. The list of officers submitted to the Securities and Exchange Commission and the names appearing therein were merely made allegedly through designation or through an invalid election for lack of compliance with the requirement under the Corporation Code. In 1986, the original members of the Board of Trustees were reduced to only two (2) namely Salvacion de Leon and the petitioner herein. The rest either formed their own Church or became members of other Church. In 1993 Salvacion de Leon invited the respondent Norman Seguiza to help in pastoring of the Church, giving him free accommodation plus allowances. When Salvacion de Leon died in 1994, Norman Seguiza, one day before her death, presented a typewritten document purportedly the last will and testament personally prepared by the respondent. In the said last will and testament, it appears that Everado de Leon, son of Salvacion, was designated as successor of Salvacion. The management and administration of the Holy Spirit Temple Ministry, Inc. Norman Seguiza allegedly used Evarado de Leon as a puppet or dummy in charge of preaching, who controls the Church, its activities, funds and properties. Norman Seguiza refused to recognize the petitioner as the successor of Salvacion de Leon as the true and real Trustee of Holy Spirit Temple Ministry, Inc. despite several notices. Hence, this instant petition where the Petitioner prays for the following reliefs: LexLib 1. Petitioner prays for the issuance of a Writ of Preliminary Injunction pending the prosecution and hearing of the case by ordering the temporary closure of the church building located at 328 Edang St., Pasay City, Metro-Manila (main church) and at Taguig, Metro-Manila (sister church); 2. To issue an Order declaring petitioner as the true and rightful successor of Salvacion de Leon as Pastor/Trustee of the Holy Spirit Temple Ministry, Inc.; 3. To order Norman Seguiza to vacate his position as pastor of the Holy Spirit Temple Ministry, Inc. And to turn over to petitioner all the properties and funds of said church; 4. To order Teresita Geronimo, acting Treasurer to turn over funds of the church under her custody to petitioner and to submit the requisite Financial Statement to that effect; 5. To order Norman Seguiza to pay petitioner the amount of Fifty Thousand Pesos (P50,000.00) damages for sleepless nights, wounded feeling, anxiety and moral shock caused by Norman Seguiza to petitioner or any amount that the Honorable Commission deems proper and reasonable; 6. Petitioner further prays for such other reliefs as might be deemed proper and reasonable as may be determined by the Honorable Commission. Respondents having been declared in default and, therefore, had lost his right to present evidence in the instant case, petitioner was given ample opportunity to prove the merit of his case. Likewise, petitioner was advised to avail himself of the services of a counsel in order that he may be able to substantiate his allegations in his petition which he graciously turned down. Hence, this Hearing Officer had to evaluate the allegations in the petition. cdll This issues raised by the petitioner are as follows: 1) Whether or not petitioner is the true and rightful successor of Salvacion de Leon as Director-Trustee of the Holy Spirit Temple Ministry, Inc.; 2) Whether or not the alleged last will and testament executed by Salvacion de Leon designating Everado de Leon as Successor Director-Trustee of Salvacion De Leon; 3) Whether or not Norman Seguiza grossly usurped the power vested by law to the petitioner as the true successor of Salvacion De Leon. Contrary to the belief of the petitioner, the position of a director or trustee of an association or a church registered with this Commission, is not gained through succession. A member has to earn the right to directorship or trusteeship through an election validly held and conducted in accordance with the by-laws of church or association. Stated differently, the position of a director or trustees is not handed down through succession. On the question of whether the last will and testament executed by Salvacion De Leon designating a certain Everado De Leon successor-director is valid is answered the negative, based on the same reason stated above. The petition itself failed to show that Everado De Leon ever held the position of a director or trustee of the Church but only as a successor in the management and administration of the church. Hence, this cannot be considered as a valid issue. Based on the foregoing findings and considerations, it would appear that the petitioner had not been in possession of the power and authority be claimed to have been usurped by the respondent. In the first place, the record shows that the only basis, in asking for the reliefs prayed for is his being a co-founder of the church and an incorporating director. Hence, the reliefs prayed for by the petitioner is not impressed with merit as he failed to establish his entitlement thereto. WHEREFORE, the instant case should be, as it is hereby dismissed for lack of merit. No pronouncement as to cost. SO ORDERED. (SGD.) MANUEL P. PEREA Hearing Officer