CEBU, Philippines - For allegedly refusing to heed the association’s demand, two officials of the Operators and Drivers of Cebu Southbound Jeepney Association are facing charges before the court.
ODCESOJA, represented by its president Eric Emenido, filed a civil case for specific performance, damages and attorney’s fees against its vice president Ricky Alburo and secretary Richard Jimenez, who refused to withdraw the association’s money intended for their activities.
“Due to disagreement as to the handling of the said funds, defendants refused to withdraw money from BDO Sa-vings Account despite the fact that the money would be used for ODCESOJA’s activities. Due to the unreasonable refu-sal of defendants to perform their obligation ODCESOJA was paralyzed because it could no longer fund its activities and was at the brink of collapsing,” the complaint reads.
Emenido said they had to “hurriedly” raise another funds to support their activities.
During their general meeting, Emenido said that majority of the members decided to expel Alburo and Jimenez from the group and demanded from them to withdraw the amount of P110, 098.97 from their savings account.
The association has agreed to open a bank account under the names of Alburo and Jimenez considering that the association is not yet registered with the Securities and Exchange Commission.
The plaintiff said that because of the refusal of the defendants, they sought the intervention of the court.
“On February 27, 2014 plaintiff through its counsel wrote a letter to defendants demanding for the withdrawal of the money under their names. Yet, defendants never replied to the same,” the complaint reads.
Emenido added that on May 5, 2014, they sent another letter to the defendants informing them that they were already expelled from the association and reiterated their demand but the latter never replied.
The association is asking from the two P15,000 for actual damages for “unjustified and unreasonable” refusal to return the money, P15,000 for exemplary damages, P15,000 for attorney’s fees and P20,000 for litigation expenses.
The plaintiff was assisted by lawyer Fitz Gerald Quinto in filing the case. —/NSA (FREEMAN)