School heirs insist on dialogue for shares-A A +A
By JM Agreda
Friday, November 16, 2012
ALLEGED heirs of several original board members of Baguio Central University (BCU) are demanding for a settlement of family disputes and rightful shares of their ancestors which they stressed are long overdue.
The family dispute already resulted to the suspension of classes since Tuesday as relatives of the incorporators, numbering 20 heirs, are clamoring for a dialogue with BCU officials inside the campus to finally settle their dispute.
The Joven heirs called upon BCU president Margarita Cecilda Rillera to consider their call for a dialogue and demand for their shares from the university established then as Joven Inc. in 1951 by their ancestors Dr. Pio Joven, lawyer Salvacion Joven, and Cirila Hortizuela-Joven.
“You are fully aware that our ancestors died intestate and as such as we claim our rightful shares as heirs. Everything is in your possession, administration and control from the time of their death, since the time when our dear aunt Margarita Joven–Fernandez took over as administrator and president of the school,” their relatives said.
“We have not tasted nor did least enjoy the fruits of their toil as heirs. Life is short and we deserve to be treated as equitable shareholders of the corporation which you and your family are enjoying,” the heirs told Rillera in a letter.
The letter was signed by Santiago Joven, Fortunato Joven, William Joven, Jean Joven, Delfin Joven III, Pio Joven, Ma. Magdalena Joven, Vicente Joven, Arturo Joven, Teresita Joven-Elamparo, Editha Joven Carnacete, Luisita Joven-Vilog, Zacharias Joven, Ma. Cirila Joven–Hadloc, Oswaldo Joven, Alfonso Joven, Luis Joven Jr., Anthony Joven, Jose Joven, and Nona Catharina Joven–Carnacete.
Dr. Nona Catharina Joven-Carnacete, who was once assistant hospital administrator of the now closed Sto. Niño Hospital claimed they have been trying to reach out to their relatives but they are confronted by either security guards or lawyers of the school.
“The school’s programs have been deteriorating through the years with the closure of the College of medicine on 2014 as well as the closure of the hospital which was doing well in the past,” she said.
“All we want is that we will be made aware of the current financial standing of the school whose bank accounts, earnings as well as other transactions are not made known to us even if we are the heirs of its incorporators,” she said.
The Joven heirs added they have filed for the accounting of shares, stock and, production of documents from the corporation which they filed through a civil case before Regional Trial Court Branch 5 under Judge Antonio Esteves against Elizabeth Bulaqueña, Margarita Cecilda-Rillera, Milagros Obillo, Jocelyn Bulwayan, and the heirs of Wilhelmina Drummond, namely Margarita Fernandez and Elizabeth Bulaqueña.
However, Esteves in a decision ordered May 11 dismissed the case claiming “petitioners do not have the personality to institute and/or have a cause of action against the defendants’ official stockholders of BCU.”
“But while the herein plaintiffs may allegedly be an heir of the three above-named incorporators/stockholders of BCU, it appearing, however, that the estate of the said incorporators have not yet been liquidated and the corresponding shares of stocks have not yet been transferred in the names of the plaintiffs in the stock,” Esteves said.
But the plaintiffs argued they cannot be declared as stockholders because their ancestors who were the incorporators died without any last will.
Lawyer John Kollin representing the Joven heirs claimed the case is now under the jurisdiction of the appellate court.
Sun.Star Baguio tried reaching BCU’s legal counsel Maita Andres for comment but she was not available as of posting.
Published in the Sun.Star Baguio newspaper on November 17, 2012.