Board of Trustees/Directors of Pasada-STP, Inc. v. Lastimosa

[SEC-SICD * CASE NO. 12-93-4639. January 26, 1995.] BOARD OF TRUSTEES/DIRECTORS OF PASADA-STP, INC., AND MR. RODOLFO PENA, PRESIDENT , complainants , vs . MR. REYNALDO B. LASTIMOSA, ET AL. , respondents . D E C I S I O N The complaint, filed by complainants, seeks the following reliefs: a. to enjoin respondents from removing or tampering the records of PASADA STP., Inc. and to surrender the same to complainants and; b. for respondents to vacate the premises of the aforenamed corporation. Complainants, in their complaint, allege that the Pangkalahatang Samahan At Damayan Ng Mga Driver-Sambayanahan Ng Mga Tsuper Sa Pilipinas Na Pinagkaisa, Inc. (PASADA-STP, INC.) is an organization of drivers throughout the Philippines and is registered with this Commission as non-stock and non-profit corporation. On September 20, 1993, in pursuance to the resolution issued by the former Board of Trustees, an election, chaired by respondent Lastimosa, was conducted for the election of the 15 members of the board of directors of the corporation and the following: 1. Dante P. Sindac 9. Eduardo Manuel 2. Hilario T. Osmea 10. Johnny Golenia 3. Rodolfo Pea 11. Medardo Alada 4. Mariano G. Panganiban 12. Eriberto Cana 5. Romeo Barabad 13. Nestor Radaza 6. Valentin Catapang 14. Eliseo Francisco 7. Leodovico F. Mendiguarin 15. Apolonio Taquinoa 8. Ruben A. Mendoza were elected to the aforesaid positions. On October 2, 1993, during the first meeting of the board of trustees, the following were elected as corporate officers of the association: Chairman Mr. Rodolfo C. Pena Vice-Chairman Mr. Johnny Golenia Treasurer Mr. Leodovico F. Mendiquarin Asst. Treasurer Mr. Medardo Alada Secretary Atty. Dante P. Sindac Asst. Secretary Mr. Mariano Panganiban Thereafter, the new leadership assumed office and discovered, to its shock, anomalous transactions like purchase of non-existing commodities and dilapidated cars, loans to non-members and transfer of funds without approval of the board of trustees. On November 15, 1993, at about 9:00 A.M., respondents, in cohort with their relatives residing in the vicinity of the office of the association, threatened the staff of the corporation that if they (staff) will not leave the place they will padlock the same. Respondents, with the aid of a policeman stationed at the door, prohibited the entry of the members of the association, except those cleared by them. Respondents sorted and removed records of the corporation under the guise of auditing the same, hence, this complaint. LLpr On February 8, 1994, respondents filed a motion to dismiss which was denied by this Hearing Officer per Order issued on April 26, 1994. On June 30, 1994, respondents filed a motion to admit answer which was granted per Order issued by this Hearing Officer on July 11, 1994. On August 29, 1994, an Order was issued by this Hearing Officer declaring respondents as in default for their failure to attend the September 19, 1994's preliminary conference of this case and which order was upon motion by respondents, reconsidered by this Hearing Officer per Order dated September 20, 1994. On October 4, 1994, another Order was issued declaring respondents as in default for their failure to attend the preliminary conference of this case on October 4, 1994. During the hearing of this case on November 4, 1994, complainants presented their lone witness, Mr. Rodolfo Pea, who, in his testimony, confirms complainants' material allegations in the complaint. The unrebutted testimony of complainants' witness, Mr. Rodolfo Pena, confirming complainants' material allegations in the complaint compels this Hearing Officer to conclude that in fact respondents did not only harass the staff and members of the corporation but also removed and tampered its records and are occupying and/or using the office premises of the corporation. The said acts of the respondents are not only improper but are also illegal considering that they (respondents) at present are no longer the corporate officers of the PASADA STP, Inc. but the complainants. Wherefore, premises considered, judgment is hereby rendered in favor of the complainants and against the respondents Reynaldo B. Lastimosa, Juanita Gantes and Ernesto B. Agullo ordering the said respondents the following: prcd 1. To desist from removing or tampering the records of PASADA-STP, Inc. and to immediately surrender them (records) to the complainants; and 2. To vacate the office premises of the corporation at once. SO ORDERED. No costs. (SGD.) ROGELIO C. SESCON Hearing Officer