Yt Framework

For lack of merit, the Regional Trial Court on Thursday afternoon dismissed the petition filed by Atty. Kim Elago seeking to stop the Annual General Membership Assembly (AGMA) of Zamcelco scheduled on Sunday.

In a phone interview, Zamcelco legal counsel Atty. Quirino Esguerra disclosed Elago's petition was defective saying it lacks three substances, 1. the petition did not pray for a TRO, 2. there was no bond and, 3. no affidavit of merit.

Esguerra said after the petition was filed by Elago, it was raffled off to RTC Branch 17 under Judge Tibing Asaali where the hearing was conducted.
The legal counsel said Elago again committed another blunder because he was present during the raffle but did not appear when the hearing was held by Asaali.

"There is no stopping now of the general assembly on Sunday" Esguerra declared.
Zamcelco board vice president Elbert Atilano questioned Elago's purpose in trying to stop the AGMA adding it is for the good of the consumer members.
"If he is an expert then he should help the coop because he is also a member. Precura era le ayuda buska solucion na problema embes pirmi man kontra" Atilano emphasized.

It would be recalled Elago filed the motion asking the court to stop the assembly meeting that will be held in three separate venues as this is irregular and illegal.

He said this violates the coop's bylaws since consumers will not be able to butt in and debate on the issues concerned if it will be held in three separate venues.

Atilano countered the meeting will be conducted using modern technology like radio television, telephone and teleconferencing machine to reach the audience.

"So the AGMA will push through as scheduled I am inviting the consumer members to come and participate in the three identified venues of Cabaluay, Putik and Ayala" Atilano said.

by: Nonong Santiago