Court petition to stop Zamcelco from holding general assembly dismissed PDF Print E-mail
Saturday, 16 June 2012 13:54

The petition for Temporary Restraining Order (TRO) and Preliminary Injunction filed with the court by former councilor and lawyer Juan Climaco “Kim” Elago last June 12, 2012,  seeking to stop the holding of the Annual General Membership Assembly (AGMA) scheduled on June 17, 2012, was dismissed by Regional Trial Court Branch 17 Judge Tibing Asaali last Thursday.

“It is clear that indeed the petition is defective, unmeritorious and consequently should be denied much more given due course in view of the foregoing reasons to wit:

That in the dispositive portion of the instant petition, it appears that petitioner did not pray for the injunction remedy of a Temporary Restraining Order; That the verified application and bond for preliminary injunction or TRO, unless exempted by the court, the applicant shall post a bond executed to the party or person enjoined in an amount to be fixed by the court, to the effect that the applicant shall pay to such party or person all damages which he may have sustained by reason of the injunction or TRO. Upon approval of the requisite bond, a preliminary injunction shall be issued. Be that it may, the instant petition should be denied or set aside and the case should be dismissed,” part of the cour order states.

Atty.  Quirino Esguerra, Jr., legal counsel of the defendant (Zamcelco), pointed out that the petition is defective in form and in substance as there was no prayer for the TRO, no affidavit of merit with respect to the petition.

“They failed to exhaust administrative remedies, therefore, it was dismissed by the court,” Esguerra said.

“Atty. Elago failed to appear in the hearing (June 14, 2912), to substantiate his petition. Technically, the petition is insufficient in form and in substance,” Esguerra added.

Zamcelco Vice President Elbert “Bong” Atilano, Jr. is optimistic that the 37th Annual General Membership Assembly (AGMA) will push through on June 17, 2012 (Sunday) in three separate places in Putik (main), Cabaluay Gymnasium and Ayala Gymnasium at 1  p.m.

“This is a tele-conference style in three separate areas to meet our target participants, as our objective to bring our services closer to member-consumers,” Atilano explained.

Esguerra appealed to petitioner to participate in the AGMA on Sunday. “Anything that they’ll be going to do will become moot and academic as we believe with the management that AGMA will be successful,” Esguerra said. — MLF