Coop manager sued for misrepresentation

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Monday, January 30, 2012

A MANAGER of a cooperative in Davao City was sued for misrepresenting the list of the new set of board of directors (BOD) and officers.

Victoria T. Horfilla, Ramon D. Molina, Arquilina A. Pilapil, Delfin H. Falcon, Marius L. Quijada and Rose Marie Balbuena sued Palmelnia M. Batausa, Agdao Multi-Purpose Cooperative (AMPC) general manager, before the City Prosecutor’s Office (CPO) for deceiving the members by representing a BOD organized by a team who were not elected.

The complainants, in their affidavit, said Batausa refused to recognize them as valid and legitimate members of the BOD.


The result of the election of officers conducted on April 10, 2011 showed that Ricardo Castillo had 95 votes, Ernesto Catubig garnered 112 votes, Marcosa dela Cruz with 121 votes, Delfin Falcon with 120 votes, Victorio Fortuna Jr. had 79 votes, Belen Gemelo with 127 votes, Ramon Molina had 123 votes, Elpidio Origenes with 102 votes, Arquilina Pilapil had 125 votes, Marius Quijada with 115 votes and Myrna Weibus had 81 votes.

They said the result clearly showed that dela Cruz, Falcon, Gemelo, Molina, Pilapil and Quijada won.

However, Antonio dela Cruz, who is former BOD chairman, proclaimed Catubig, Origenes, Castillo and Weibus as winners.

The complainants said dela Cruz proclamation is "illegal, null and void, ineffective and unconstitutional" since Catubig, Origenes, Castillo and Weibus cannot be proclaimed because they were not elected.

They added that dela Cruz is no longer the chairman of the BOD on April 11, 2011 when he issued the proclamation memorandum after he tendered his resignation and vacated his post during and while the April 10, 2011 general assembly was in progress, and that dela Cruz was already replaced by lawyer Jaime Lopoz as presiding officer.

The complainants filed a case against Batausa for failing to recognize that the proclamation of Catubig, Origenes, Castillo and Weibus is illegal and unlawful.

They said Batausa still issued, posted and published on April 29, 2011 that the four are newly designated members of the BOD regardless of the fact that they were not elected.

They added that Batausa was already terminated as the cooperative's general manager for violating the company's rule to recognize the elected officers.

They said the continuous false pretense, misrepresentations and deceptions made by the "illegal BOD" together with Batausa had lost the image of the AMPC as a cooperative of good standing.

The complainants filed a violation of article 315 2(a) of the revised Penal Code against Batausa.

Published in the Sun.Star Davao newspaper on January 31, 2012.

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