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THE
Regional Trial Court in Pasay City has junked a bid of
retired Col. Luvin Manay’s group to resurrect the
leadership dispute in the P14-billion Air Materiel Wing
Savings and Loan Association Inc. (AMWSLAI).
In a
two-page order, Judge Eugenio de la Cruz of RTC in
Pasay, Branch 117, denied the motion for reconsideration
filed by former AMWSLAI directors, led by Manay, seeking
a reversal of the court’s judgment issued on June 16,
2008, that dismissed the case involving the
disqualification of Manay, et al., from running as
members of the board of trustees in 2005.
The RTC
judge said “a motion for reconsideration is a prohibited
pleading under the Rules of Procedure for Intracorporate
Dispute.”
Besides,
the judge said, there is no cogent reason for the court
to reverse its decision dismissing the case of the Manay
group.
“Finally, the motion being merely rehash or a repetition
of the points or arguments already considered by the
Court, the same is pro forma . . .the subject motion for
reconsideration is hereby denied,” de la Cruz ruled.
Last
month Judge de la Cruz issued an order dismissing “for
being moot and academic” the petition filed by the group
of Manay in line with the Supreme Court (SC) ruling that
validated the results of the January 18, 2008, election
held by more than 220,000 AMWSLAI members.
In 2005
Manay, together with Antonio Mantuano, Jose Elaurza,
Johnson Ocfemia and Anselmo Geronimo, challenged before
the RTC in Pasay their disqualification to run as
members of the board of trustees.
From
that RTC case, the legal issue was elevated to the Court
of Appeals, and finally to the SC.
In 2007
the SC, in effect, annulled the election held in 2005
and ruled that Manay, Mantuano, Elaurza, Ocfemia and
Geronimo—together with Ricardo L. Nolasco Jr., Morado O.
Mercado and Thaddeus P. Estalilla, who were elected in
2005—should sit as holdover members of the AMWSLAI board
of trustees until an election is held.
However, the RTC said that “on January 18, 2008, an
election for AMWSLAI board of trustees was conducted
resulting in the election of eight trustees, who were
joined by three other trustees elected in December 2006.
None of the petitioners [Manay and his group]
participated in the January 18, 2008, election.” |
