Club Filipino officers yet to get copy of complaint

CEBU, Philippines - The officers of Club Filipino Cebu said that they have not yet received a copy of the complaint filed against them by an expelled member who filed charges of injunction and a temporary restraining order against the club’s new board over the alleged illegal composition of its members and his expulsion from the club.

They said it was only on the news that they heard that they have been sued over the matter and they have yet to meet with their lawyers to answer the charges.

Manuel Zosa Jr. questioned the composition of its board of directors saying that to fill in any vacancy of the board, it requires majority vote of the remaining directors and still constituting a quorum, which means that to fill in vacancy in the board, there must be four remaining directors and there must be a majority vote of three directors to validly appoint a new director.

The complaint was filed against Renato Osmeña, Club Filipino president; Samuel Dunque, vice president; Dindo Antonio Perez, secretary; Edgar Aliño, treasurer; Mario Evans Tumaliwan, golf chairman; and Ramon Durano IV and Refaelito Bariño as members of the board.

Zosa asked the court to order the defendants to pay P1 million in moral damages, P500,000 as exemplary damages, P200,000 in attorney’s fees and P300,000 as litigation expenses.

Zosa said that the original board as of May 5, 2009 was composed of Osmeña as the president, Dunque as vice president, Dindo Antonio Perez as secretary, Edgar Aliño as the treasurer, Mario Evans Tumaliwan as the golf chairman, and Zosa and Peter Militante as members.

But last July, Zosa said that Osmeña resigned from his post in July as president of the club to ease the rising issue regarding the illegal disbursements of allowances given to him as a director and officer of the club.

On the following day, Tumaliwan, Dunque, Perez and Aliño also resigned as directors of the board.

Zosa said that he resigned on June 17 when his motion praying that the board of directors stop giving allowances to Osmeña was allegedly left unresolved. He was followed by Militante who resigned last June 22.

Last October 6, Zosa said that he received a memorandum from the board, inviting him to an inquiry regarding his alleged conduct unbecoming of a gentleman.

Zosa said that the resolution expelling him was illegal on the ground that the board has no authority to act as a board. — Jasmin R. Uy/BRP