Amuerfina G. Santos vs. Philippine Medical Association, et al.

[SEC-SICD * CASE NO. 3503. May 30, 1989.] AMUERFINA G. SANTOS , petitioner , vs . PHILIPPINE MEDICAL ASSOCIATION, ET AL. , respondents . D E C I S I O N In her amended petition filed on February 17, 1989, petitioner alleged, inter alia, that she is a member in good standing of the Quezon City Chapter of the Auxiliary to the Philippine Medical Association (APMA), an affiliate of the Philippine Medical Association (PMA); that in December 1988, a raffle was conducted jointly by the Philippine Medical Association and the Association of Philippine Physicians in America (APPA) wherein the top 3 sellers of raffle tickets would be awarded prizes; that she was informed that she was included in the top 3 sellers, that the number one seller, Mrs. Eugenia del Rosario, as wife of Dr. del Rosario, the PMA and APMA President should be disqualified as a contender for she undoubtedly used her influences in the distribution of tickets; that manipulations were committed to dislodge her from the top 3 sellers and upon learning of such manipulations, she filed her written objection; that notwithstanding her written objection, no action was taken by the respondents and they are preparing for the proclamation of the top 3 sellers. Hence, her petition for a temporary restraining order and writ of preliminary injunction. cdll Respondents, on March 14, 1989, filed their answer denying the material allegations of the amended petition and interposed opposition to the application for preliminary injunction. At the hearing on the petitioners application for injunctive relief on March 21, 1989, this Hearing Officer, on the basis of the pleadings and for the purpose of expediting the proceedings, created a Committee to make a recounting of tickets and to determine the top 3 sellers whose findings shall be final and binding upon the parties. Both parties, represented by their respective counsel, did not interpose any objection to the creation of the Committee. In a report submitted on April 17, 1989, the Committee finds that Mrs. Amuerfina G. Santos, the petitioner herein; obtained third place in the top 3 sellers in said raffle. WHEREFORE, considering the foregoing, the petitioner is hereby declared as the third place seller in the PMA-APPA raffle held on December 17, 1988. Accordingly, the amended petition should be, as it is hereby considered CLOSED and TERMINATED. AScHCD SO ORDERED. (SGD.) ENRIQUE L. FLORES, JR. Hearing Officer