ADVISORY
FROM THE LEGITIMATE GENERAL EXECUTIVES OF THE PGCAG
(This is for the guidance of the brethren who may be misled by the post allegedly from the “General Executives” of the PGCAG declaring that the decision of the Court of Appeals is not immediately executory as the case has been elevated to the Supreme Court.)
While the decision of the Regional Trial Court in an intra-corporate dispute is immediately executory, it can be reversed, as in fact it had been reversed by the Court of Appeals.
The alleged ‘General Executives’ of the break-away PGCAG have apparently misread and misinterpreted Sec. 4, Rule 1 of the Interim Rules of Procedure for Intra-Corporate Controversies (A.M. No. 01-2-04-SC), as amended:
“Sec. 4. Executory nature of decisions and orders- All decisions and orders issued under these Rules shall immediately be executory, except the award for damages, exemplary damages and attorneys’ fees, if any.
No appeal or petition taken therefrom shall stay the enforcement or implementation of the decision or order, unless restrained by an Appellate Court. Interlocutory orders shall not be subject to appeal.”
The provision refers to the mere filing of an appeal or petition, or the pendency thereof which shall not stay the enforcement of the decision, unless restrained by an Appellate Court. In this case, the RTC Decision was not merely restrained, it was REVERSED and SET ASIDE.
Rev. Reynaldo Calusay filed a Petition for Review before the Supreme Court. However, the Supreme Court HAS NOT RESTRAINED NOR REVERSED the Decision of the Court of Appeals. THERE IS NO JURISDICTION ANYWHERE IN THE WORLD where the lower court’s decision can prevail over the appellate court, even pending review by the Supreme Court.
To MISREPRESENT otherwise for the sole purpose of PERPETUATING ONESELF IN POWER defies logic and common sense, and even constitutes an act of contempt against the Court for which the perpetrators shall be liable. Although the Facebook post defying the Court of Appeals’ decision was not signed by anyone, the post clearly states that it was from the “General Executives” belonging to the faction of the ousted General Superintendent Rev. Reynaldo Calusay.
Perhaps it is time for everyone to make a choice, take a stand, and prepare for the consequences of his acts. It is high time for all of us to lay aside every weight, conflict and strife so that we all can devote ourselves to the work of the Lord, bearing in mind that the perilous times have come and the time is short.
We shall be silent no more. The truth CANNOT be silenced, nor shall it hide behind anonymity.
REV. DR. DAVID A. SOBREPENA – General Superintendent/President
REV. CONRADO P. LUMAHAN – Asst. General Superintendent/Vice Pres.
REV. FELIPE A. ACENA – General Secretary
REV. JEREMIAH P. BALBUENA – General Treasurer
PGCAG GENERAL EXECUTIVES ADVISORY
