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Pasay throws out nuisance plea on fund leadership row

By Benjamin B. Pulta

07/15/2008

A ruling by the Pasay City Regional Trial Court (RTC) has turned down a last-ditch bid by the losing group seeking control over a multibillion peso retirement fund for soldiers.

In its order, the court junked Col. Luvin Manay’s group’s attempt to resurrect the leadership dispute in the P14 billion Air Materiel Wing Savings and Loan Association Inc. (AMWSLAI).

Judge Eugenio dela Cruz of Pasay City RTC Branch 117 denied the motion for reconsideration filed by former AMWSLAI directors led by Manay seeking a reversal of the court’s judgment issued last June 16, 2008 that dismissed the case involving the disqualification of Manay et al. from running as members of the board of trustees in 2005.

Dela Cruz pointed out that “a motion for reconsideration is a prohibited pleading under the Rules of Procedure for Intra-corporate Dispute,” adding that there is no cogent reason for the court to reverse its decision dismissing the case of the Manay group.

“Finally, the motion being merely rehash or a repetition of the points or arguments already considered by the Court, the same is proforma... the subject motion for reconsideration is hereby denied,” Dela Cruz ruled.

Last month, Judge Dela Cruz issued an order dismissing “for being moot and academic” the petition filed by the group of Manay in line with the Supreme Court (SC) ruling that validated the results of the Jan. 18, 2008 election held by more than 220,000 AMWSLAI members.

In 2005, Manay, together with Antonio Mantuano, Jose Elaurza, Johnson Ocfemia and Anselmo Geronimo, challenged before the Pasay City RTC their disqualification to run as members of the board of trustees.

From that RTC case, the legal issue was elevated to the Court of Appeals, and finally to the SC.

In 2007, the SC, in effect, annulled the election held in 2005 and ruled that Manay, Mantuano, Elaurza, Ocfemia and Geronimo, together with Ricardo Nolasco Jr., Morado Mercado and Thaddeus Estalilla who were elected in 2005 — should sit as hold over members of the AMWSLAI board of trustees until an election is held.

However, the RTC said “on Jan. 18, 2008, an election for AMWSLAI board of trustees was conducted resulting in the election of eight trustees, who were joined by three other trustees elected in December 2006. None of the petitioners (Manay and his group) participated in the 18 January 2008 election.

“Petitioners filed a very urgent omnibus motion dated 11 Feb. 2008, praying… for the annulment of the 18 January 2008 election before the High Tribunal in GR No. 175338. In a resolution promulgated on 29 April 2008, the High Tribunal denied the petitioners’ omnibus motion,” the RTC said.

“The legality and validity of the 18 January 2008 election was affirmed by the High Tribunal when it promulgated its 29 April 2008 resolution denying petitioners’ very urgent omnibus motion to annul the said election stating, inter alia, ‘it is fitting that we should now write finis to this controversy, and allow the AMWSLAI to regain the confidence of its members and the general public,’” it stressed.

“In the light of the foregoing, summary judgment is granted in favor of respondents AMWSLAI and the subject petition is hereby dismissed for being moot and academic,” the RTC ruled.

Earlier, the SC had declared valid the Jan. 18, 2008 elections as it denied with finality a motion to annul the elections filed by the group of Manay.

The SC, in effect, validated the election to the AMWSLAI board of trustees of retired Col. Ricardo Nolasco Jr., Thaddeus Estalilla, Morado Mercado, Ismael Abad, Ricardo Perido, Angel Tapac, Antonio Gumba and Cesar Toledanes. They and the three directors earlier elected — Rolando Cacabelos, Odelon Mendoza and Cedric Reyes now compose the 11-member board of trustees.