FULL TEXT: Court of Appeals decision on Calusay’s Motion for Recon

1101

REPUBLIC OF THE PHILIPPINES
Court of Appeals
Manila

FIFTEENTH DIVISION

CA-G.R. SP NO. 136998

Members:

GARCIA, Chairperson
Dimagiba, and
Lopez, JJ

Promulgated:  July 13, 2016

PHILIPPINES GENERAL COUNCIL OF THE ASSEMBLIES OF GOD, INC. REPRESENTED BY REV. DAVID A. SOBREPENA AND REV. CONRADO P. LUMAHAN, AND IN THEIR OWN BEHALF,
Petitioners

versus

REV. REYNALDO CALUSAY AND JOSEPH ROMMEL SUICO,
Respondents

_____________________________________________________________

R E S O L U T I O N

LOPEZ, J,:

This resolves the following:

1) Manifestation with Motion for Clarification/Confirmation  dated April 7, 2016 filed by China Banking Corporation;
2) Motion for Reconsideration  dated April 19, 2016 filed by respondents; and
3) Comment/Opposition to Respondent’s (sic) Motion for Reconsideration w/ Manifestation on Receipt of Order and Decision  dated May 30, 2016 filed by Petitioners.

Respondents plead in their Motion for Reconsideration that this Court’s March 21, 2016 Decision contradicts the By-laws of the Philippines General Council of the Assemblies of God (PGCAG).  While respondents concede to the Court’s Ruling that their removal as members of the Board of Trustees runs contrary to law, they however insist that they should be allowed to retain their post as General Superintendent/President and Secretary, respectively.

Petitioners on the other hand, claim that respondents’ motion for reconsideration has already become moot and academic in view of the expiration of the term of office of the contending executive leaders.  To resolve the issue of who shall be the General Superintendent/President of PGCAG for the next corporate term, petitioners suggest that said issue is best decided through an election by the qualified members of the assembly.

It is apparent that the grounds relied upon in the Motion for Reconsideration have been thoroughly discussed in the Decision promulgated on March 21, 2016.  Consequently, absent new matters and issues, there is no basis to grant the Motion, and no basis to reverse or modify said Decision.

As regards China Banking Corporation’s Motion for Clarification where it seeks guidance as to who shall it acknowledge as authorized person to transact with PGCAG’s bank account, it bears noting that the term of office of the Board of Trustees elected in 2012 had already expired in April 2015 pursuant to Section 2 (2), Article X  of the PGCAG’s By – Laws. Considering that more than one 1) year has lapsed from the expiration of their term of office, it is safe to assume that a new set of officers has already been elected pursuant to Section 3, Article IX  of the said By-laws.  However, if the executive officers are yet to be elected, the PGCAG members are enjoined to proceed with such election in accordance with the PGCAG By-laws.

WHEREFORE, the present Motion for Reconsideration is DENIED.  As for the Motion for Clarification, China Banking Corporation is directed to acknowledge the new set of officers duly elected by the PGCAG members who shall serve for the year 2015-2017.

SO ORDERED.

(SGD) JHOSEP Y. LOPEZ
Associate Justice

WE CONCUR;

RAMON R. GARCIA              
Associate Justice    

LEONCIA R. DIMAGIBA            
Associate Justice

_____________________________________________________________

[1] Rollo., pp. 463-466
[2] Id., pp. 468-487.
[3] Id., pp. 597-599.
[4] ARTICLE X – OFFICERS

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Section 2. BOARD OF TRUSTEES
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  1. TERM OF OFFICE. The members of the Board of Trustees shall serve for a term of THREE (3) years or until their successors shall have been elected and qualified.

[5] ARTICLE IX

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Sec. 7. ELECTION OF OFFICERS – ALL PGCAG elective and executive officers shall be nominated by secret ballot. Candidates receiving two-thirds (2/3) votes on the nominating ballot are declared elected, otherwise[,] election shall proceed.  The names thus nominated for each of the respective office shall be balloted upon until a candidate shall have been elected by two-thirds (2/3) majority of all votes cast.  If no such majority vote shall have ben reached by second (2nd) ballot, the two candidates having the highest number of votes in the second (2nd) ballot shall be the only nominees.  If no election on the third (3rd) balloting, election shall be determined by the candidate getting the highest number of votes in the fourth (4th) balloting.