BAD EXAMPLE: When senators responded to a petition filed by Secretary Romulo Neri with the Supreme Court on the issue of Executive Privilege, they accepted the jurisdiction of the tribunal.
It was bad form -- also a bad example -- for senators later to reject the Court's ruling on the case just because it was not completely to their liking.
After quarreling with the Executive, now senators are picking a fight with the third independent branch of government. Who do they think they are that they will accept only court decisions favorable to them?
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CONFUSION: Thousands of policemen and soldiers who are members of the Air Materiel Wing Savings and Loan Association Inc., a non-stock, non-profit organization since 1956, have reason to worry with the way its management and finances have been mired in confusion.
Operating like a cooperative giving loans and dividends, the AMWSLAI has some 230,000 members in the active and retired rolls of the armed forces and the Philippine National Police.
It is run by an 11-member board of trustees elected for a three-year term on staggered basis. Infighting within the board has resulted in uncertainty and deterioration of services to members.
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CONGRESS PROBE: The intramurals began in 2004, when a congressional inquiry cracked the organization open reportedly on petition of a Maj. Willy de la Cruz. He is identified as an air force retiree who wanted to become a trustee, but always lost in the elections.
De la Cruz is sometimes referred to as the Lakas party treasurer, a campaign manager of then Speaker Jose De Venecia and a former security officer of Sen. Leticia Shahani. In the air force, he is sometimes known as “Alikabok (dust).”
The inquiry was triggered by a privilege speech of Rep. Jose Solis, who spoke of irregular transactions during the watch of the board headed by Col. Luvin Manay as chairman and president, aided by fellow trustees Mantuano, Elaurza, Ocfemia and Geronimo.
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DISQUALIFICATION: In 2005, reacting to a clamor of members, all the 11 trustees resigned and a special general election was held Oct. 14. Those who quit, as well as 35 other members, ran for the board.
The election committee headed by a General Estrellado enforced the rule disqualifying any candidate with unpaid accountabilities, liabilities or derogatory information.
Those with liabilities were given one week to clear themselves. But some candidates, including Manay, Mantuano, Elaurza, Ocfemia and Geronimo, reportedly failed to submit clearances and were disqualified.
The elections pushed through anyway and winners were proclaimed: Ricardo Nolasco Jr., Thaddeus Estalilla, Ismael Abad, Morado Mercado, Ricardo Perido, Cedric Reyes, Cesar Toledanes, Antonio Gumba, Rolando Cacabelos, Ruben Estepa, Domingo Dimapilis Jr and Angel Tapac. Two candidates who tied for the 11th and 12th positions agreed to share the term.
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TROs GALORE: A day before the election, Manay and some of his allies on the board were placed under preventive suspension by the Central Bank. When the Comelec disqualified them, they asked for a temporary restraining order (TRO) from the Pasay RTC, which granted it.
But since the papers were not properly served on the election officials concerned, the polls pushed through. After 72 hours, however, the judge lifted his TRO, declaring it to have been invalid.
Manay et al. petitioned the Court of Appeals to reverse the decision of the RTC judge. They won a favorable decision.
But the board of trustees raised the case to the Supreme Court. The tribunal initially issued a TRO to prevent Manay and his group from assuming office as trustees.
Eventually, the Court decided to annul the 2005 elections and reinstate the group of Manay and the three directors in a hold-over capacity until such time that a valid election is held.
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FRESH ELECTION: In 2006, a regular election was held wherein three board members were elected. This issue was not touched in the SC decision, supporting the argument that the three directors were legitimately elected.
The Manay group moved to carry out the SC decision through an order from the lower court. But the board ran to the Court of Appeals for a TRO that prevented the Manay group from serving on the AMWSLAI board.
The current board decided to hold general election as provided in the by-laws and constitution. It also opened for election eight seats earlier declared by the SC to have been occupied in holdover capacity.
There were 18 candidates for board seats, none from the Manay group. Elected were Ricardo Nolasco Jr., Ismael Abad, Thaddeus Estalilla, Morado Mercado, Ricardo Perido, Cesar Toledanes, Antonio Gumba and Angel Tapac.
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REST THE CASE: As expected, the Manay group filed an urgent omnibus motion to annul the election. The Supreme Court gave it due course instead of quashing it outright.
One wonders at this point if the cases and petitions filed in various courts have helped clarify the issues or resolve the conflict. Have the courts been of any help so far? Some justices looked so easy to sway one way or the other.
The protracted AMWSLAI conflict has caused uncertainty among the members. They want the Supreme Court to issue a final definitive ruling.
Those who want to put the case to rest point out that since an apparently valid election has already been conducted and a new board installed, it is high time the conflict was resolved -- not prolonged.
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