Miyerkules, Enero 25, 2012

OPINYON

SPECIAL REPORT
    12.) On July 9, 2006  Mr. J. Canico, Mr. A.G. Luardo and many others re-organized themselves and made a Resolution No. 001-06 to inform the SEC of the new set of officers for DABAPWATI and Resolution No. 003-06 informing Atty. Rodolfo B. Ta-asan Jr., to retain and continue the safekeeping and custody of all DABAPWATI records pertaining to case No. 26,960-98 of RTC Branch 14, Davao City and G.R. No. 165958-59 of the Supreme Court.
    13.) On July 13, 2006  Mr. Roque G. Macasa Jr., made a Board Resolution no. 45 series of 2006 (after organizing another group) claiming to be the new chairman of DABAPWATI but retaining the services of Atty. Rodolfo . Ta-asan Jr., and Atty. Cesar M. Dureza as legal counsels relative to Civil Case No. 26,960-98 and G.R. No. 165958-59 of the Supreme Court, and to continue safekeeping of all records pertaining to the case. Likewise the said Resolution resolved to render ineffective, unenforceable, void, otherwise deemed withdrawn and revoked the resolution no. 44 dated July 4, 2006 (made by Valentin's group) terminating the legal services of the lawyers Atty. R.B. Ta-asan, Jr., and Dureza as legal counsels on the mentioned case.
    14.) On August 3, 2006  Mr. Jimmy Valentin allegedly representing DABAPWATI filed a Civil case no. 31,528-06 against defendants purportedly identified with CANICO and MACASA groups for INJUNCTION, NULLIFICATION OF RESOLUTIONS, DAMAGES, ATTORNEYS FEES, WITH PRAYER FOR THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER.
Also included in the suit are counsels for DABAPWATI Atty. R.B. Ta-asan Jr., and Atty. Cesar Dureza. Incidentally Atty. Cesar M. Dureza was dropped from the case based on his Motion to Dismiss which was favorably granted by the court in its Order dated August 9, 2006.
    15.) On August 10, 2006  Atty. R.B. Ta-asan Jr. motioned to the court to withdraw as counsel for DABAPWATI.
    16.) On September 20, 2006  The Supreme Court resolved to DEFER ACTION on Atty. R.B. Ta-asan Jr. motion dated August 10, 2006 and instead the Court instructed him (Atty. R.B. Ta-asan Jr.,) to comply Section 26, Rule 138 of the Rules of Court, within ten (10) days from notice.
    17.) On October 14, 2006  Chief Justice Artemio V. Panganiban referred to Hon. Justice Leonardo A. Quisumbing Chairperson Third Division to make an appropriate action the letter of Roque G. Macasa Jr. dated October 6, 2006 requesting Atty R.B. Ta-asan Jr., be retained as legal counsel of DABAPWATI.
    18. )  On November 3, 2006  Atty. R.B. Ta-asan Jr., filed a manifestation to Third Division of Supreme Court informing he could not get a written consent from his client (DABAPWATI) Pursuant to Section 26, Rule 138 to withdraw as counsel for Petitioner DABAPWATI because its officers are now seriously divided. That the matter as to who are the rightful officers of DABAPWATI is yet to be resolved in Civil Case no. 31528-06 filed and pending before the Regional Trial Court Branch 10, Davao City.
    19. ) On March 26, 2007  Judge Jaime V. Quitain, decided the case no. 31528-06 in favor to Mr. Jimmy Valentin.
    20. ) On March 29, 2007  Atty. R.B. Ta-asan, Jr., made a manifestation to appeal to the Court of Appeals the aforesaid decision.
    21.) That this INTRA CORPORATE DISPUTE (among officers of DABAPWATI) was a big factor in delaying settlement of case.(To be continued)....... 


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