Sol Lagrimas-Tan vs. Fidel H. Fababier, et al.

[SEC-SICD * CASE NO. 3733. July 30, 1990.] SOL LAGRIMAS-TAN , petitioner , vs . FIDEL H. FABABIER and the ELECTION COMMITTEE herein represented by its members, FELISA A. VENEZUELA and FE O. ALQUISOLA , respondents . D E C I S I O N This is a petition filed by Sol Lagrimas Tan against respondents Fidel H. Fababier and the Election Committee, herein represented by its members, Felisa A. Venezuela and Fe O. Alquisola praying for the disqualification of respondent Fidel H. Fababier as member of the Board of Directors of the Manila Public School Teachers Association, Inc. (MPSTA), with a prayer for the issuance of a writ of preliminary injunction. LLpr Acting on said petition, an Order dated March 9, 1990 was issued setting the injunctive relief prayed for in the petition for hearing on March 22, 1990. However, upon the request of respondent Fidel H. Fababier, the 22nd March 1990 hearing was postponed and by agreement of the parties reset to April 4, 1990. Again on April 4, 1990, despite notice to respondents, only petitioner and her counsel appeared. This Hearing Officer, despite objection, cancelled for the last time the hearing and reset it to April 11, 1990 to give respondents a chance to appear. At the 11 April 1990 hearing, petitioner manifested that she is no longer pursuing the application for the issuance of a writ of preliminary injunction on the ground that the act sought to be enjoined had already been done. Thereafter, petitioner's counsel moved that respondents be declared in default for failure to file their answer within the reglementary period and to allow petitioner to present her evidence ex-parte on the next scheduled hearing, which motion was granted and the formal order of Default dated April 11, 1990, was issued and received by respondents on April 16, 1990. For reasons of brown-out, the ex-parte hearing set on April 26, 1990, was cancelled and reset to May 10, 1990. Petitioner presented testimonial, as well as documentary evidence, to support her allegations in the petition and to prove that respondent Fidel H. Fababier is not qualified to run, much less to be elected as member of the Board of Directors of Manila Public School Teachers Association, Inc. From the evidence adduced, the following facts were established: 1. Petitioner is a member of good standing of MPSTA, Inc. 2. Both petitioner Tan and respondent Fababier were nominated as candidates for Director of MPSTA at the last election held on February 23, 1990, representing the elementary and secondary school category, respectively. 3. The Service Record of respondent Fidel H. Fababier, duly certified by Benedicto M. Hornilla, Personnel Officer IV of the Division of City Schools, Manila (Exhs. "H", "H-1" & "H-2") show that he entered the government service on August 18, 1983 and was dropped on January 23, 1984 or a period of five (5) months and five (5) days; rejoining the service on January 16, 1986 and was dropped on April 5, 1986 or a period of two (2) months and twenty one (21) days; again rejoining the government service on June 16, 1986 up to the present. 4. Respondent Fidel H. Fababier paid in lump sum his yearly membership fees for 1983, 1984, 1985, 1986 and 1987 only on February 19, 1990 (Exh. "B"). 5. The Election Committee, represented by its members Feliza A. Venezuela and Fe O. Alquisola allowed respondent Fidel Fababier to run as Director of MPSTA during the election held on February 23, 1990, despite the dissenting opinion of the Comelec Chairman, Amelia A. Cardeno. 6. Respondent Fababier was elected as member of the board during the said election. dctai 7. A member shall pay a yearly fee of P4.00 to the Association. 8. Only member of good standing of his school chapter and a member in good standing of the MPSTA for at least five (5) years shall be qualified to be nominated and/or elected as Director. After evaluating the evidence of the petitioner and considering the above-mentioned established facts, this Hearing Officer is of the opinion and so holds that respondent Fidel H. Fababier is disqualified to be nominated as candidate, much less to be-elected as member of the Board of Directors of Manila Public School Teachers Association, Inc. at the time the meeting/election was held on February 23, 1990. Section D paragraph 4 of the Amended Election Code of MPSTA clearly provides that only members of good standing of the MPSTA for at least five (5) years shall be qualified to be elected as member of the Board of Directors. Exhibit "H" of the petitioner, which is the service record of respondent Fidel H. Fababier, would readily show that his length of service in the government does not reach five (5) years. This being the case, respondent Fababier was short of meeting the five (5) years requirement under Sec. D. par. 4 Art. IV of the MPSTA Amended Election Code in order to qualify him in the Board. On the other hand, respondent Fidel H. Fababier's payment in lump sum of his membership fees for 1983, 1984, 1985, 1986 and 1987 as evidenced by Official Receipt No. 065096 dated 19 February 1990 (Exh. "B") will in no way cure his lack of qualification as provided for in the said Amended Election Code. LLphil WHEREFORE, considering the foregoing, respondent Fidel H. Fababier is hereby declared disqualified and his subsequent election to the Board of Directors of Manila Public School Teachers Association, Inc. is hereby declared Null and Void ab initio. SO ORDERED. (SGD.) JAMES K. ABUGAN Hearing Officer