Court stops YMCA induction rites

Saturday, January 14, 2012

THE Regional Trial Court (RTC) branch 59 ordered the 2011 and 2012 Board of Directors of the Young Men’s Christian Association (YMCA) to cease and desist from holding its induction of officers scheduled January 14.

In the order released by the court late Friday afternoon, Judge Iluminada P. Cabato, RTC Branch 59 Presiding Judge, cited the issuance of the temporary restraining order on the organization’s new set of officers will allow the court to hear the merits of the petition filed by several members questioning the alleged irregularities in the conduct of the YMCA Baguio Chapter elections last December 10.

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The court scheduled a hearing on January 18, the application for the issuance of a writ of preliminary mandatory injunction against the old and new sets of YMCA Board of Directors.

In their complaint, Benjamin Caguioa, Robert Tabay, Trinidad Cayading, Victor Lim and Balson Cabato, all legitimate YMCA members, alleged among others there were irregularities in the conduct of the election of the 2012 Board of Directors aggravated by the alleged inaction of the 2011 members of the Board on the supposed irregularities and lack of transparency.

The 2011 Board of Directors is headed by Councilor Richard Carino, while the new set of directors for this year is led by Felix Eliral Refuerzo, who was previously elected as national president of YMCA.

The petitioners divulged the alleged patent violation of the association’s by laws by the 2011 members of the board which deprived them the chance to scrutinize the records and the expenditures in relation to the various programs and projects of the organization over the past several years.

“There being a semblance of nullity in the filling up of officers there being violations of the bylaws, allowing them (2012 board of directors) to assume office and exercise their functions as such would render a semblance of legality when there is none unless restrained by a writ of preliminary injunction,” the petition stressed.

Furthermore, the petition cited as long as other issues and complaints relating to the governance, administration and management of the affairs of the association are not yet resolved by the 2011 Board of Directors, a writ of preliminary mandatory injunction is likewise necessary in order to compel the Board of the association to perform its duties and functions under the bylaws and to entertain the complaints and grievances of its members before the new set of officers will takeover or for them to perform their respective functions.

Prior to the conduct of the December 10 elections, some concerned YMCA members questioned the numerous transactions and disbursements of funds made by the previous board but they were deprived in doing so because of their failure to have access to the association’s records which are in the custody of the administration office which was earlier given instructions by the election committee to allow the petitioners to have free access to the records.

The petitioners also questioned the 2011 members of the board for allowing the hiring of personnel who did not allegedly pass the usual procedures enshrined in the YMCA personnel manual. (PR)