Court bars new officers tasked to deal with Philex

By |Dexter A. See 

LA TRINIDAD, Benguet – The Regional Trial Court here has nullified the election of the new set of officers of the Indigenous Peoples Organization of Alang, Pukis, Sabian, Sta. Fe, Oliba and Luacan since the earlier mass declaration of vacancies in the organization’s set of officers and council of elders was done in gross violation of its constitution and by-laws and elementary notions of fair play and due process.

          

IPO-APSSOL is the indigenous peoples organization recognized by the National Commission on Indigenous Peoples to represent affected indigenous communities in the payment of the 1.25 percent royalty being paid by the Philex Mining Corporation to its host and neighboring communities.

Judge Jenifer P. Humiding of Branch 63 ordered the new set of officers led by Minda Bantasan to cease and desist from assuming their respective positions and from performing transactions considering that their election was illegal and upheld the incumbent set of officers of the group led by Adam Ventura as the IPO-APSSOL’s legitimate set of officers and council of elders.

In her 7-page decision granting a 20 day temporary restraining order TRO on the election of the new set of officers, the court cited the right of the petitioners led by Ventura was clear and unmistakable, and they have to hold office for a term of five years unless removed for cause.

“The outright removal of the petitioners en masse without so much notice to them runs counter to our elementary notions of fair play and due process,” Humiding said.

           

She ruled the special general assembly convened by Bantasan’s group on May 31, 2012 was not in accordance with the group’s by-laws and that the notice of assembly sent to the members on May 25, 2012 did not indicate the source of the authority to call for a special general assembly.

            

Despite the issue raised by some members on the proper issuance of notice, the court noted the same was grossly ignored by Bantasan’s group considering that they were reportedly being dictated upon by some provincial officials who were dismissed by the group for earlier bungling a court case that resulted to the loss of the group in previous cases.

           

 “There is an urgent and paramount necessity for the issuance of a temporary restraining order to prevent serious damage. There cannot be three sets of leaders leading one organization for the entire duration of the pendency of the case,” Humiding said.

           

The judge added the impact of the situation cannot be underestimated in view of the dealings IPO-APSSOL with government agencies, its members and the public.

           

The court exempted Ventura and his subordinates from posting a bond to make the TRO effective pursuant to existing rules and regulations in the provision of bonds to make restraining orders and writs effective and enforceable.

            

The court barred Bantasan’s group from committing acts, deeds and from making appropriate communications to any public and private offices, that tend to introduce themselves as newly elected officers and council of elders of the IPO-APSSOL.

            

Both parties were required to file their respective position papers on the prayer of Ventura’s group for the issuance of a writ of preliminary injunction to totally prohibit the new set of officers from assuming their respective positions and declare the latest elections null and void and in gross violation of the group’s approved by-laws prescribing the terms of office of the officers and the manner to remove them after due process.