Phil. Gen. Council of the Assemblies of God vs. Rev. Edilberto Medina, et al.

[SEC-SICD * CASE NO. 2420. August 11, 1988.] PHILIPPINE GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, Rev. ELEAZAR JAVIER, Represented by Attorney-in-Fact Cresencio B. Tandog , petitioner , vs . REV. EDILBERTO MEDINA, ET AL. , respondents . D E C I S I O N This is an action instituted by Philippine General Council of the Assemblies of God and Cresencio B. Tandog, through counsel, which was subsequently amended on June 7, 1984, alleging, among others, that petitioner Eleazar Javier is the General Superintendent/President of the Philippine General of the Assemblies of God, having been duly elected in accordance with the constitution and by-laws of the organization and has been and is discharging his duties as such; that sometime in May, 1979, a joint General Council convention of the Philippine General Council of the Assemblies of God, presided over by Rev. Wesley Hurst and Rev. Lester Kenny, participated in by herein respondents, was convened for the purpose, among others, of electing the new set of officers of the organization, pursuant to and in compliance with the Decision of the Court of First Instance of Manila dated August 31, 1978; that in said convention, petitioner Rev. Eleazar Javier, as well as respondent Rev. Edilberto Medina, were nominated and ran for the position of General Superintendent of PGCAG; that based on the results and/or votes cast, petitioner Rev. Eleazar Javier was declared elected and proclaimed General Superintendent of the organization; that election for the position of Assistant General Superintendent of the PGCAG was likewise held in said convention wherein respondent Rev. Edilberto Medina and petitioner Rev. Cresencio B. Tandog were rivals as candidates for the said position; that based on the official tally of the ballots cast, Rev. Cresencio B. Tandog was declared and proclaimed elected as Assistant General Superintendent of the PGCAG; that petitioner Eleazar Javier and other officers elected in accordance with the constitution and by-laws in that election of May, 1979, took their oath of office and assumed the powers of administration, formulated programs in keeping with the policy and directives of the organization and officially represented the PGCAG in its day-to-day business transactions; that herein respondents called a separate election of officers on April 9, 1980 without any legal authority and in violation of the PGCAG's Articles and By-laws; that in said illegal election, respondents were elected to the position of General Superintendent, Assistant General Superintendent, General Secretary, and General Treasurer; that respondents in violation of the Constitution and By-laws and in disregard of the duly elected officers of the PGCAG, illegally assumed their respective positions and discharged the duties attendant thereto, to the prejudice and damage of herein petitioners and the general membership of the PGCAG; that thru their illegal election, respondents unlawfully acted as the duly elected officers of the organization and succeeded in misleading the Commission into accepting as "lawful" certain illegal documents appearing as enactment and writings of the duly elected and installed officials of the PGCAG thereby making the Corporate file appear that respondents are the genuine and lawful officials of the organization; that consequently, chaos and disorder now prevails over PGCAG as to who is the legitimate set of officers of the organization. Petitioner prayed that an order be issued upon the filing of the petition restraining/enjoining herein respondents and their representatives to desist from further acting in behalf of petitioner PGCAG and, after hearing on the merits, to declare the election of the respondents on April 9, 1980 as null and void ab initio and to declare all acts of respondents as unlawful and null and void ab initio; to direct the respondents to turn over all PGCAG properties in their possession to herein petitioners; and to declare petitioner Eleazar Javier and others elected during the election of May, 1979 as the legitimate officers of PGCAG. In its Amended Petition, petitioner further prayed for an order restraining and enjoining respondents and their representatives to desist from further using the corporate name "Philippine General Council of the Assemblies of God", as well as the cancellation of the alleged spurious Certificate of Filing of Amended Articles of Incorporation dated December 16, 1980, Certificate of Filing of New By-Laws dated December 3, 1980, and all documents submitted that led to the issuance of said certificates. Acting on said petition, an Order was issued on March 23, 1983, directing the respondents to file their answer and scheduled the hearing on the application for the issuance of the injunctive relief prayed for. On April 12, 1983, petitioners filed an urgent ex-parte motion for the issuance of a restraining order to enjoin the respondents from further representing the petitioner association. Respondents, on April 18, 1988, filed their answer, through Rev. Edilberto Medina, denying specifically each and every allegation of the petition. On May 5, 1983, respondents filed a motion to dismiss on the ground that the cause of action being one for quo warranto, mandatory injunction would not lie to oust the respondent. Petitioners opposed the motion to dismiss. In the Order dated August 1, 1983, the motion to dismiss was denied. After hearings, the injunctive relief prayed for was denied in an Order dated November 5, 1983. LLpr On June 7, 1984, petitioners filed a motion to admit amended petition, alleging that based on spurious documents, the Amended Articles of Incorporation and new By-laws submitted by respondents, were approved by the Commission. The motion to admit amended petition was granted on July 17, 1984. Respondents filed their Answer to the amended petition on August 21, 1984. At the preliminary conference, the parties agreed that the only issue to be resolved is who are the legitimate officers of the petitioner association. Hearings were held where both parties presented their respective evidences. From the evidence adduced, it has been clearly established that on May, 1979, a joint General Council convention of the Philippine General Council of the Assemblies of God, presided over by Rev. Lesly Hurst and Rev. Lester Kenny was convened by agreement of the parties, with respondents participating, for the purpose, among others, of electing the new set of officers of the association, in compliance with the decision of the Court of First Instance, Branch XXIV dated August 31, 1978 in Civil Case No. 92219 entitled Cresencio B. Tandog vs. Edilberto Medina, et al. In said convention, petitioner Rev. Eleazar Javier and respondent Rev. Edilberto Medina were both nominated for the position of General Superintendent of Philippine General Council of Assemblies of God. After the canvassing of ballots cast, petitioner garnered 181 votes for the first balloting, 210 for the second, 230 for the third and 257 in the fourth and last balloting. On the other hand, respondent Rev. Edilberto Medina garnered 37 votes in the first balloting, 30 votes in the second, 17 in the third and none in the fourth balloting. Based on the votes cast, petitioner was proclaimed and declared elected to the position of General Superintendent of petitioner association followed with petitioner Rev. Cresencio B. Tandog and respondent Rev. Edilberto Medina as candidates. On the basis of votes cast, petitioner Rev. Cresencio B. Tandog was declared and proclaimed elected as Assistant General Superintendent. Subsequently, however, or on April 9, 1980, respondent called for another election of officers of the same association where Rev. Edilberto Medina was elected general superintendent and Rev. Irving de Mesa as assistant General superintendent, Rev. Jenny Cabaluna as general Secretary and Rev. Alberto Saavedra as General Treasurer. Considering that the joint General Convention held on May, 1979, was by agreement of the parties, with the respondents participating and was held in compliance with a court decision, the same must necessarily be declared valid and legal. Conversely, since the May, 1979, joint general convention has been declared valid and legal, the April 9, 1980, convention called by respondent must be, as it is now declared invalid, illegal and without force and effect. LLphil On the corporate records of another corporation bearing the same corporate name of Philippine General Council of the Assemblies of God, the filing by respondents of the amended Articles of Incorporation and new By-Laws, it having been established that the approval thereof by the Commission were based on spurious documents (exhibits "VV" to "VV-3"), the certificate of Filing of the amended articles of incorporation and new by-laws must, as a matter of course, be cancelled and/or nullified. WHEREFORE, judgment is hereby rendered: 1. Declaring the joint General Council convention of the Philippine General Council of the Assemblies of God held on May, 1979, valid and legal; 2. Declaring the convention and election of officers of the same association called by respondent on April 9, 1980, as invalid and null and void and of no legal effect; 3. Cancelling or nullifying the Certificates of Filing of Amended Articles of Incorporation and new By-Laws dated December 16, 1980 and December 3, 1980 respectively, bearing the same Registration No. 8169 of the PGCAG and expunged from the records of the Commission; and 4. Permanently enjoining the respondents, representatives and other persons acting in the behalf from representing themselves as officers of Philippine General Council of the Assemblies of God. Let copy of this Decision be furnished the Records Division of the Securities and Exchange Commission for insertion in the corporate files of PGCAG and for any other appropriate action pursuant hereof. (SGD.) FELIPE S. TONGCO Hearing Officer