Monday, August 06, 2007
Court stops group victimizing settlers
By Antonio M. Ajero
A REGIONAL Trial Court in Davao City has declared actions of Agdao Landless Residents Association, Inc. (ALRAI) illegal and ordered the group to open its books of accounts for scrutiny and accounting.
RTC Judge Jaime Quitain ruled that the ouster of the 22 complainants from the association was illegal. The court also ruled that members of ALRAI have the right to inspect the association’s corporate books and records “in addition to the request for an accounting of the same.”
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Quitain directed the defendants from selling further the donated lands to the detriment of the beneficiary-members of the association.
Quitain likewise ordered the reinstatement of the complainants' membership in ALRAI, directing the association officers to submit a complete list of the members to the court.
The court also directed the Register of Deeds of Davao City to annul the land titles transferred to Armando Javonillo (president), Ma. Acelita Armentano (secretary), Romeo dela Cruz, Asuncion Alcantara, and Lily Loy and register the titles under the appropriate donees in the deeds of donation.
The civil was filed by the complainants for "Intra-Corporate Dispute for Annulment of Titles and Reversion to Agdao Landless Residents Association, Inc., Arbitrary Ousting of Members Thereof and Demand for Accounting Thereof with Prayer for Preliminary Mandatory Injunction."
The property involves 29.1 hectares of land covered by 46 titles inside Barrio Obrero donated by the Dakudao and Sons, Inc. to members of ALRAI on September 2, 1999.
But instead of distributing the land parcels to bona fide members, ALRAI officers and board members succeeded in selling several lots worth millions of pesos to persons who are not members of the association.
ALRAI officers also ousted 98 of the original 352 members without due process to execute the illegal transactions.
Some officers awarded themselves with more than one lot and later sold them to moneyed outsiders.
Names as respondents in the civil case were Armando Javonillo (president), Ma. Acelita Armentano (secretary), Alex Josol, Antonia Amorada, Julius Alinsub, Pompeniano Espinosa Jr., Jacinto Bo-oc, Herminigildo Dumapias, Salcedo dela Cruz, Claudio Lao, Consorcio Delgado, Romeo Cabillo, Ricardo Bacong, Rodolfo Galenzoga, Benjamin Lamigo, Asuncion A. Alcantara, Romeo dela Cruz, Lily Loy and John Does.
One of them is allegedly a retired official of the Solicitor General's Office who does not live in Davao City, another is wife of an official of the Department of Public Works and Highways, and still another is a councilman of Barangay Paciano Bangoy.
The complainants were Rolando Maramion, Leonides Jamisola, Virginia Canoy, Elizabeth Gonzales, Virgina Canoy, Elizabeth Gonzales, Crispiniano Quire-quire, Ernestino Dunlao, Ella Demandante, Ella Ria Demandante, Elgin Demandante, Saturnina Witara, Virgilio Dayondon, Melencia Maramion, Liza Maramion, Angelica Penkian, Presentacion Tan, Hernani Gregory, Rudy Gimarino, Valentin Cameros, Rodel Cameros and Prudencia Juareza.
The complainants said they came to suspect irregularities in the association's finances when officers demanded exorbitant arrear fees referring to membership dues from them without any accounting.
Despite the sizeable fees, they said they discovered that ALRAI has declared a P30,000 deficit.
Worst, they also unearthed that portions of the donated lands were partially apportioned and distributed by officers Javonillo (two lots with a total of 800 square meters), Armentano (two lots also with a total of 800 sq. m.), Romeo dela Cruz (not from Davao City with four lots totaling 2,605 sq. m. and Mrs. Alcantara (widow of lawyer Pedro Alcantara, ALRAI counsel, with two lots) totaling 795 sq. m. among themselves without the knowledge of the complainants.
The complainants further alleged that holders of the new transfer certificates of title sold the parcels of land to individuals who are not ALRAI members, including defendant Lily Loy, who lives a kilometer away from the donated land. Loy subsequently obtained a new title and ousted the occupant-members.
On the other hand, defendant Armentano, ALRAI, allegedly acquired assets that she legally and technically cannot afford.
Her children were even made to appear as members of the association when they were still minors.
For more Philippine news, visit Sun.Star Manila. For Bisaya stories from Davao. Click here. (August 6, 2007 issue)
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