Lt. Col. Grace O. Villanueva vs. Reserve Officers Legion of the Philippines, et al.

[SEC-SICD * CASE NO. 3113. June 9, 1992.] LT. COL. GRACE O. VILLANUEVA , petitioner , vs . RESERVE OFFICERS LEGION OF THE PHILIPPINES, ET AL. , respondents . D E C I S I O N Petitioner seeks to permanently enjoin the respondents from proceeding with the national convention and election of a new set of officers. Petitioner alleges that she is a bona fide and lifetime member of the Reserve Officers Legion of the Philippines (ROLP); that respondents are five (5) out of the fifteen (15) members of the National Directorate; that petitioner went to the office of respondent Lt. Col. Jose Villar and inquired when is the exact date that national convention and election of the national officers of ROLP would be held and petitioner was handed a copy of the notice dated December 12, 1986; that there was no basis, factual or legal to hold the national convention and election of the new set of national officers of ROLP, because in the meetings held where the respondents decided to hold a national convention and election, there was no quorum; that supposedly five (5) other members of the National Directorate sent their proxies for the meetings, which were presumably conducted in favor of holding the national convention and election of a new set of officers, such voting by proxies of the members of the National Directorate violates the provision of law regarding a valid exercise of the right to vote; that the calling therefore, for a national convention and election is null and void. In their answer with counterclaims, the respondents through counsel made material denials and aver that petitioners is not a bonafide member because she has not applied for ROLP membership nor paid the membership dues; that her name does not appear in the roster of membership of the organization or any of its local chapters; that actually there were only eleven members and not fifteen in determining the quorum, for the reason that there were four vacancies that occurred in the Board due to the flight to foreign country of the then National President Victor G. Nituda and the continuous and unexplained absences from the date of their election of Board Members Lt. Col. Mariano Aureus, Lt. Col. Pompeyo Querubin, and VP for Mindanao Ramon Miranda; that in the Directorate meeting not only five but actually seven directors attended as shown in the xerox copy of the minutes of the said Board Meeting held, marked as Annex "B" in the Answer; as special and affirmative defenses, respondents alleged that the petition states no cause of action; that this Commission has no jurisdiction over the persons of the parties and on the subject matter of the petition; that petitioner not being a member of the ROLP, has no legal capacity or personality to sue; that the petitioner is in estoppel in filing this action. An Order dated January 22, 1987, was issued granting a writ of preliminary injunction, enjoining the respondents from proceeding with the election of a new set of officers on January 24-25, 1987. From the testimonial and documentary evidence adduced during the hearing, petitioner failed to prove that she is a bonafide member of the ROLP. Her name does not appear in the roster of membership in the ROLP. Neither was she able to produce any identification card to substantiate her assertion of membership in the ROLP. Moreover, the specific ROLP Chapter to which she supposedly belongs was not clearly established. The ROLP Chapter must be indubitably indicated and proven for purposes of voting in the convention. Sec. 2 Art. VII of the corporate by-laws requires that "each duly organized chapter shall participate during the National Convention thru its duly elected or appointed delegates. Every chapter is authorized two delegates, President or Vice President and one elected by the chapter, plus one voting delegate for every ten (10) bonafide members. In view of the foregoing petitioner has no legal personality to sue. WHEREFORE, the instant case is hereby DISMISSED. The respondents' counterclaims for exemplary and moral damages, however, are not warranted. No pronouncement as to costs. DEICHc SO ORDERED. (SGD.) JOSEFINA L. PASAY-PAZ Hearing Officer