CA upholds PNRC on QC Red Cross row

The Philippine National Red Cross (PNRC) said on Friday that the Court of Appeals has upheld the decision of agency’s secretary general to withhold the recognition of the election of the new board of directors of the Quezon City Red Cross chapter (QCRC) led by former Rep. Dante Liban.

PNRC said in a statement the Seventh Division of the CA through Justice Martin Villarama overturned the decision of Judge Jose Paneda of the Quezon City Regional Trial Court directing the PNRC to recognize the QCRC board led by Liban.

Liban told The STAR that their group will file a motion for consideration at the CA.

"We are confident that a case on question of law will be resolved in favor of Quezon City Red Cross," Liban said in a text message.

In its decision, the CA said Judge Paneda’s order "was clearly rendered in patent disregard of existing provisions of law, rules and regulations governing the relationships of the PNRC chapters with the PNRC as a corporate body, and relevant jurisprudence."

Alma de Leon, as secretary general of the PNRC, had declared null and void the election of the QCRC board of directors led by Liban for failure to comply with her directives on when and how chapter elections are to be conducted. The PNRC board of directors confirmed De Leon ‘s actions.

However, Liban asked the Quezon City Regional Trial Court to compel the PNRC and De Leon to recognize his election and that of others, claiming that the PNRC and De Leon had agreed to a "compromise agreement."

The PNRC and De Leon denied that there was such a compromise agreement, pointing out that the alleged agreement was not signed or approved by the PNRC board of directors. But the lower court upheld Liban, and directed the PNRC and De Leon to implement the alleged agreement.

As a result, the PNRC and De Leon appealed the case at the Court of Appeals.

In its decision, the CA ruled that "it was grave abuse of discretion on the part of respondent judge to deny petitioner De Leon’s motion to vacate (the order), notwithstanding the serious legal issues ventilated and evidence adduced."

The appellate court added that the respondent judge was already apprised of the PNRC’s enabling law, rules and regulations governing the rights of its members and elected officers. "It was therefore incumbent upon him to adjudicate their conflicting positions on the basis of such applicable laws, rules and regulations and jurisprudence on the matter."

Because of Liban’s actuations, the PNRC board of governors unanimously expelled him as a member of the PNRC.

PNRC said it is now in the process of recovering the money and assets that Liban was able to take possession of because of the lower court’s erroneous actions.