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Urgent and Extraordinary Motion for Clarification Re Case 15-135040

Posted By Administration, Tuesday, March 21, 2017

This is the motion dtd March 13, 2017 filed by the counsel of PSME (respondent) Atty Oliver B. San Antonio of Ermitano Manzano & Associates Law Office entitled "URGENT AND EXTRAORDINARY MOTION FOR CLARIFICATION OF THE HONORABLE COURT'S AUGUST 8, 2016 DECISION.

Plaintiffs: Engr. Leandro Conti, et al

Respondents: Engr. Murry F. Demdam et al

Click the link below to download the motion.

 

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Tags:  15-135040  case  Conti  Court  Intra-corporate  Murry Branch 24 

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Letter to PRC from Atty Mercado in behalf of 2016 PSME President Dr. Murry F. Demdam

Posted By Administration, Saturday, January 02, 2016
Updated: Saturday, January 02, 2016

 Letter to PRC from Atty Mercado in Behalf of 2016 PSME National President Dr. Murry F. Demdam

 ---

December 28, 2015

 

Hon. Angeline T. Chua Chiaco

Acting Chairperson

Professional Regulation Commission

Manila

 

Dear Acting Chairperson Chua Chiaco:

 

We write in behalf of our client, Engr. Murry Demdam (Ph.D., MBA, PME) who is the incoming National President of the Philippine Society of Mechanical Engineers (PSME), as well as other PSME 2016 National Officers who were duly elected as such on November 28, 2015.

 

Our attention was brought to your letter of Dec. 18, 2015 addressed to the PSME, stating that the PRC recognizes the 2016 officers declared by the PSME COMELEC and further “recognizes Engr. Leandro A. Conti as the 2016 National President of the PSME”. Your letter mentions a legal opinion of the PRC’s Legal Division, but no copy thereof is attached.

 

Your letter also says that the foregoing statements were made pursuant to the Dec. 11, 2015 letter to PRC of PSME President Engr. Pablito Ocampo. However, said letter of Pres. Ocampo did not ask for any resolution to be made by PRC. It merely informed the PRC about the PSME 2016 National Officers that were duly elected on Nov. 28, 2015, and is headed by our client Dr. Demdam as National President. They are as follows:

 

President                                - Engr. Murry F. Demdam

Executive Vice-President       - Engr. Leonardo M. Cometa

Vice-Pres. – Internal               - Engr. Edgardo C. Camering

Vice-Pres. – External              - Engr. Emmanuel Y. De la Cruz

Vice-Pres. – Technical             - Engr. Nardito M. Cornelio Jr.

Secretary                                 - Engr. Lorenzo P. Larion

Treasurer                                - Engr. Loreto G. Catalan

Vice-Pres. – NCR                    - Engr. Edgardo C. Camering

Vice-Pres. – Luzon                  - Engr. Diosdado F. Fetalvero

Vice-Pres. – Visayas               - Engr. Joemarie A. Arib

Vice-Pres. – Mindanao           - Engr. Feliciano C. Perater Jr.

Auditor                                   - Engr. Robert S. Dy

MIDO                                     - Engr. Willy C. Bermudez

 

The basis for our clients’ election as National Officers is clear.

 

The PSME held its 63rd National Convention & General Membership Meeting on Oct. 21-24, 2015. Due to events to be completed, it extended into the early hours of Oct. 25, 2015. The PSME elected 15 Directors-Elect for 2016 during the Convention pursuant to its Amended By-Laws (“By-Laws”), Amended Omnibus Election Code (“Amended Election Code”); and Policy Manual (“Manual”). The pertinent provisions state:

 

Section 5.1             The Society shall be governed by the Board of Directors composed of 15 members who shall be elected during the regular annual election in accordance with the Provision of the Omnibus Election Code   xxxxx.” (By-Laws)

 

Section 16.             Regular Election for National Directors – The regular election for the National Directors shall be held in the month of October to coincide with the Annual National Convention of the Society. xxxxx” (Amended Election Code)

 

Section 2.2.6          Hold an annual convention where delegates xxx elect a new set of members of the Board of Directors for the following year.” (Manual)

 

Section 3.2.2          Composition – Fifteen (15) members shall be elected by the general membership during the regular annual election held at every Annual Convention xxxxx.” (Manual)

 

The election was peaceful and orderly and no untoward incident happened. The canvassing of votes was made from 8 a.m. to 11 p.m. of Oct. 24, 2015. Indeed at around 12:25 a.m. of Oct. 25, 2015, after the canvass was done, Engr. Jericho Borja filed a pre-proclamation protest questioning alleged acceptance of Manila Host ballots after the 5 p.m. deadline, and ballots of Manila allegedly have identical penmanship. NO OTHER PROTEST WAS FILED.

 

The PSME COMELEC deliberated on the protest, and at 2:40 a.m. of Oct. 25, 2015, it dismissed Engr. Borja’s protest. It ruled that the ballots were accepted before 5 p.m. and ballots may have identical penmanship because voting by proxy was allowed. Since no other protest was filed, at 3 a.m. of Oct. 25, 2015, the COMELEC came out together, faced the members at the Convention, and presented a Tally Sheet that they duly signed and certified as correct. None of the members, including Engr. Leandro Conti who was present, raised any question or issue.

 

COMELEC Member Engr. Ely Bagtasus then announced that in behalf of his Comelec colleagues, he will read the names of the 15 candidates with highest votes according to the regional allocation. Notably, he used the word “proclaim” without objection from his Comelec colleagues Engrs. Gilbert Fuentecilla and Reynaldo Uy who were standing beside him. Engr. Conti who was present also raised no objection to the proclamation. In fine, the COMELEC did not make any reservation to the proclamation. The COMELEC did not say that the proclamation was not official. Thus the transcribed voiced recording of Engr. Bagtasus’ words were:

 

“To mention my respect, my colleague here Engr. Rey Uy for being a committed, commitment member to PSME and a committed COMELEC member who wants to have a very peaceful and honest election this year. Mr. President, our beloved fellow engineers in behalf of my COMELEC Chairman I’m honored to proclaim the winners of the just concluded and properly tabulated results of the COMELEC for 2016 officers of PSME. I would like to proclaim and mention the following officials based on the ranking of our tabulation. NCR: number 1 is Engr. Edgardo Camering…’

 

The proclaimed winners were Engrs. Edgardo Camering, Murry Demdam, Lorenzo Larion, Leandro Conti, Loreto Catalan, all for NCR; Engrs. Willy Bermudez and Diosdado Fetalvero for North Luzon; Engrs. Leonardo Cometa and Nardito Cornelio for South Luzon; Engrs. Lemie Leonida, Joemarie Arib and Emmanuel dela Cruz for Visayas; and Engrs. Roberto Sollano, Robert Dy and Feliciano Perater Jr. for Mindanao.

 

The proceedings should have continued for the directors-elect to elect from among themselves the 2016 national officers, but since many members had gone home and it was already dawn, the election of officers was decided to be made at a later time. Therefore, with the proclamation completed at the close of the Convention, PSME National President Ocampo forthwith adjourned and closed the Convention.

 

Therefore, the COMELEC had complied with its duties, under Amended Election Code; and the Manual. In sum, the votes were canvassed, the results were certified and signed by COMELEC, and the winners were proclaimed by COMELEC.

 

Section 20.             Proclamation of the National Directors Elect – Upon completion of the canvass of votes by the COMELEC, the person or persons obtaining the highest number of votes in accordance with the distribution provided for in the By-laws shall be declared elected xxxxx.

“All Fifteen (15) Directors shall compose the National Board and the President acts as the Chairman.” (Amended Election Code)

 

Section 7.7.1.8.3    The results of the canvass of ballots shall be prepared and certified to by the COMELEC.” (Manual)

 

Section 7.7.1.8.4    The candidates receiving the highest number of votes corresponding to the number of seats allocated shall be declared elected by the COMELEC.” (Manual)

 

Section 7.7.1.8.6    The results of the election shall be announced during the general membership meeting of the convention.” (Manual)

 

Section 9.5.4          Agenda and Program –

“xxx   xxx   xxx

Evening       Announcement of Election Results

                    Recapitulation and Closing of Convention.” (Manual)

 

Section 9.6.1.1       Annual – As prescribed by Section 7.1 of the Amended By-laws, there shall be an Annual General Membership meeting of the Society coinciding with the Annual Convention, which shall be held in Metro Manila during the month of October, on a date decided by the Board of Directors. The agenda of the meeting shall include the following:

“xxx   xxx   xxx

9.6.1.1.5    Election of Directors and Officers

9.6.1.1.6    Report of the Commission on Elections.” (Manual)

 

Again according to the By-Laws; Amended Election Code; and the Manual, the proceedings should have continued in the convention with the election among the proclaimed directors-elect of the 2016 national officers.

 

Section 5.2             Immediately after their election, the directors shall elect from among themselves a President, Executive Vice-President, Vice-President for Internal Affairs, Vice-President for Regions – NCR, Luzon, Visayas, and Mindanao, Vice-President for External Affairs, Vice-President for Technical Affairs, Secretary and Treasurer. The President-elect, with the approval of the Board may designate an Auditor, P.R.O. and such other officers and personnel as may be deemed necessary subject to the approval of the Board.” (By-Laws)

 

Section 21.             Election of National Officers – After Directors Elect had been proclaimed, the COMELEC will now convene and chair the assembly for the Directors to elect among themselves the National Directors, to wit: President, Executive Vice-President, Vice-President for Internal Affairs, Vice-President for External Affairs, Vice-President for Technical Affairs, Vice-President for National Capital Region (NCR), Vice-President for Luzon, Vice-President for Visayas, and Vice-President for Mindanao, Secretary, Treasurer. The formal proclamation by the COMELEC for the elected national officers shall be done during the closing ceremonies of the National Convention.” (Amended Election Code.)

 

Section 3.2.3          Election Among Directors – Immediately after the election of the Board of Directors, they shall elect among themselves a President, Executive Vice President, Vice President for Internal Affairs, Vice President for NCR, Vice President for Luzon, Vice President for Visayas, Vice President for Mindanao, Vice President for External Affairs, Vice President for Technical Affairs, Secretary and Treasurer. The President-elect, with the approval of the Board may designate an Auditor, Public Relations Officer and such other officers and personnel as may be deemed necessary subject to the approval of the Board as prescribed by Section 5.2 of the Amended By-Laws.” (Manual)

 

Section 7.2             OFFICERS

“Immediately after their election, the Directors shall elect among themselves the following officers:

 

Section 7.7.1.9  The directors-elect then proceed with the election of officers.” (Manual)

 

Section 9.6.1.1       Annual – As prescribed by Section 7.1 of the Amended By-laws, there shall be an Annual General Membership meeting of the Society coinciding with the Annual Convention, which shall be held in Metro Manila during the month of October, on a date decided by the Board of Directors. The agenda of the meeting shall include the following:

“xxx   xxx   xxx

9.6.1.1.5    Election of Directors and Officers”

 

 

The foregoing provisions show a common spirit and intention for the directors-elect to assemble soonest after their election to elect among themselves the national officers. The only mention of a participation of COMELEC is in Sec. 21 of the Amended Election Code, and clearly that action is merely to facilitate the meeting of the directors-elect.

 

Therefore, the Comelec officially transmitted the above election results to the National Board, as evidenced by the endorsement received by the Board at 3 a.m. of October 25, 2015. The endorsement was signed by all Comelec members. Even Engr. Conti concurred. At exactly 11:15:25 of Oct. 25, 2015, he sent an email confirming the validity of the Comelec proclamation and acknowledging the above results by thanking all who supported his candidacy.

 

Out of mere courtesy, the directors-elect subsequently waited for COMELEC to convene them for the election of national officers. From then, the proclaimed directors-elect had a right to convene in a meeting to elect the officers. The Amended By-laws of the PSME, as a charter document, of course prevails over its other guiding documents.

 

Instead, in a letter to the Board dated Oct. 27, 2015, and 2 days after the Convention, COMELEC Chairman Fuentecilla again unilaterally reported the official election result, BUT HE CHANGED THE LIST OF WINNERS by replacing Engr. Catalan with Engr. Isagani Pantoja. This violated Section 18 of the Amended Election Code, which states that the correction of errors in the certificates of canvass is not allowed. The letter does not say that Engr. Pantoja protested. Engr. Catalan also confirms that he was not called to any hearing about his replacement.

 

Then irregularly in the same letter, Chairman Fuentecilla mentioned a protest of Engr. Conti received in the same day Oct. 27, 2015. The protest was not verified. Chairman Fuentecilla, however explained in the letter that the protest had already been acted upon and one “NCR” tally sheet with 500 votes was invalidated. At the end of the letter, he then specified a RADICALLY CHANGED (THIRD) LIST OF WINNERS.

 

Thus, in addition to the removal of Engr. Catalan, the votes of Engrs. Camering, Cometa, Demdam, Larion, Bermudez, Fetalvero, Cornelio Jr., Leonida, Arib, Sollano, Dy and Perater Jr., were each reduced by 500 votes. None of them were summoned to any hearing about it. As a result, Engrs. Pantoja and Dela Cruz, were also replaced by Engrs. Jaime Cruz and Alipio Bacalso. Engrs. Catalan, Pantoja and Dela Cruz were never called to any hearing about their replacement. Chairman Fuentecilla’s letter did not say which NCR tally sheet was invalidated. No Chapter from which the supposedly invalidated tally sheet came was given a chance to be heard regarding the invalidation of 500 of its votes.

 

Clearly, the actions of Chairman Fuentecilla, in behalf of the COMELEC, violated the principles of due process and fair play. He also disenfranchised 500 voters of an undisclosed “NCR” chapter. The apparent haste in that COMELEC action, coupled with its lack of transparency, only questions the motivation of the COMELEC, and leads to the conclusion that the COMELEC ruling was haphazard, unjust, and railroaded.

 

A reading of the constitutive documents of PSME shows that the intention of its election procedures is for the election to be closed together with the adjournment of the Convention, SO THAT THE SOCIETY CAN MOVE FORWARD, AND THE DIRECTORS-ELECT AND INCOMING OFFICERS CAN START PLANNING TO MOVE INTO THE NEXT YEAR. To interpret that the PSME COMELEC has limitless and continuing authority after the Convention negates the spirit of the above quoted provisions of the By-Laws, Amended Election Code and Manual. Such an interpretation would be absurd, whimsical and tyrannical.

 

To settle the matter, on Nov. 14, 2015, the PSME Board passed Resolution No. 2015-59, saying that COMELEC was in excess of its duty to entertain or hear protests that were not verified; and since COMELEC failed to convene the winning candidates for the election of the 2016 Officers immediately after proclaiming the winners on Oct. 25, 2015, it directed the COMELEC and the candidates proclaimed on Oct. 25, 2015, to attend the Special Board Meeting on Nov. 28, 2015, for the purpose of electing the 2016 National Officers.

 

Instead of complying, and in a clear attempt to pre-empt the Board’s intention, the COMELEC (in obvious complicity with certain losing candidates) wrote the Board saying that the COMELEC further acted on various protests of Engrs. Conti, Cruz, Paspe, Nicolas, Rufila, and Bacalso, and had then again invalidated 999 votes from the “NCR” Chapter. And the COMELEC also reported a FOURTH SET OF SUPPOSED WINNERS, with new total votes.

 

Engrs. Camering, Demdam, and Larion, Bermudez, Fetalvero, Cometa, Cornelio Jr., Arib, Dy and Perater Jr., all had their votes now further reduced by several hundreds.  None of them were previously informed, much less given an opportunity to be heard on the matter. Again, Engrs. Catalan, Pantoja, and now also Engr. Larion, were replaced by Engrs. Cruz and Mamawal; Engr. Dela Cruz was replaced by Engr. Bacalso; and Engr. Perater Jr. was replaced by Engr. Alan Rufila. None of the replaced candidates were informed nor afforded a hearing.

 

Worse again, COMELEC does not state which NCR tally sheets were invalidated, and no Chapter was informed or given a chance to be heard regarding any invalidation of its votes. The arbitrary selection of the number of 999 votes, and resultant disenfranchisement of 999 voters, is also unexplained.

 

The COMELEC later announced that eight of the fifteen supposed winners convened on Nov. 25, 2015 to elect the officers. THIS IS A COMPLETE LIE! Eight of the 15 in the list attest that they were not present in any such meeting. These eight are: Engrs. Edgardo Camering, Willy Bermudez, Joemarie Arib, Robert Dy, Diosdado Fetalvero, Leonardo Cometa, Nardito Cornelio Jr., and Murry Demdam. Therefore, only seven at most could have attended.

 

The foregoing actions of the PSME COMELEC are clearly unlawful and abusive, whimsical and tyrannical, capricious and made in a haphazard manner. More importantly, the COMELEC violated all principles of due process and fair play.  As such, at the Special Meeting of the PSME National Board, the PSME 2016 National Officers as listed in the first page of this letter were duly elected.

 

THEREFORE, the PRC’s action of giving undeserved and unsolicited recognition to Engr. Conti as the supposed incoming President of the PSME exceeds the mandate and authority of the PRC. The PRC cannot interfere with internal affairs of the PSME. There is no pending case before your office.

 

            To prevent confusion and tension within the PSME and to maintain the unity among its ranks, we join the PSME in its FINAL DEMAND made upon you to recall and void your December 18, 2015 letter within two (2) days from your receipt of this letter.  Otherwise, we shall be constrained to file and pursue all appropriate civil, criminal and administrative actions and proceedings against you, with appropriate claims for damages suffered by our clients.

 

 

                                                            Very truly yours,                                                       

 

 

                                                            (ATTY.) CHARLES P. A. MERCADO               

                                                            Counsel                                                                     

 

Cc:

 

Office of the President

Malacañang, Manila

 

 

Hon. Conchita Carpio Morales

Ombudsman

Ombudsman Building, Agham Road

North Triangle, Diliman, Quezon City 1101

 

 

Hon. Sen. Teofisto D. Guingona III

c/o BROOM (Blue Ribbon)

Accountability of Public Officers Committee

Philippine Senate, Manila

 

 

Hon. Sen. Antonio F. Trillanes IV

Committee on Civil Service, Govt. Reorganization

And professional Regulation,

Philippine Senate, Manila

 

 

Hon. Sen. Pia S. Cayetano

Philippine Senate, Manila

 

 

Director-General Rodolfo Noel S. Quimbo

BROOM (Blue Ribbon)

Philippine Senate, Manila      

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The Correct Facts About the PSME Election 2015

Posted By Administration, Tuesday, December 29, 2015

THE CORRECT FACTS ABOUT THE PSME ELECTIONS

 

The PSME held its 63rd National Convention & General Membership Meeting at SMX Convention Center, Pasay City, on October 21-25, 2015. Pursuant to Sec. 5.1 of the PSME Amended By-Laws (“By-Laws”); Sec. 16 of the PSME Amended Omnibus Election Code (“Amended Election Code”); and Secs. 2.2.6 and 3.2.2 of the PSME Policy Manual (“Manual”), the PSME must elect 15 Directors-Elect for 2016 during the Convention. The cited provisions state:

 

Section 5.1         The Society shall be governed by the Board of Directors composed of 15 members who shall be elected during the regular annual election in accordance with the Provision of the Omnibus Election Code   xxxxx.” (By-Laws, Oct. 21, 2000)

 

Section 16.         Regular Election for National Directors – The regular election for the National Directors shall be held in the month of October to coincide with the Annual National Convention of the Society. Xxxxx” (Amended Election Code)

 

Section 2.2.6       Hold an annual convention where delegates adopt resolutions to determine the activities for the future and elect a new set of members of the Board of Directors for the following year.” (Policy Manual)

 

Section 3.2.2       Composition – Fifteen (15) members shall be elected by the general membership during the regular annual election held at every Annual Convention xxxxx.” (Policy Manual)

 

The election proceedings at the convention were peaceful and orderly. No untoward incident happened. From 8 a.m. to 11:00 p.m. of Oct. 24, 2015, the canvassing of votes was done.

 

At 12:25 a.m. of Oct. 25, 2015, after the canvassing had been completed by the Comelec, Engr. Jericho Borja filed a pre-proclamation protest questioning: (i) alleged acceptance of Manila Host ballots after the 5 p.m. deadline; and (ii) that ballots of Manila Host Chapter allegedly have identical penmanship. No other protest was filed.

 

As a result of Engr. Borja’s protest, the proclamation of the winning candidates based on the Comelec canvass was momentarily withheld pending resolution by the Comelec. After an en banc deliberation, at 2:40 a.m. of Oct. 25, 2015, the Comelec dismissed the protest of Engr. Borja, ruling that the acceptance of the ballots were made before 5:00 p.m., and ballots may have identical penmanship as we are allowed to vote by proxy. Still, by then, no other protest was filed.

 

Accordingly, at around 3:00 a.m. of Oct. 25, 2015, the Comelec came out together, faced the members remaining at the Convention, and presented a Tally Sheet duly signed by them under the words “CERTIFIED CORRECT”. None of the members, including Engr. Leandro Conti who was present, raised any question or issue.

 

Comelec Second Member Engr. Ely Bagtasus then announced to the public and stated that in behalf of his Comelec colleagues who were standing beside him, he will read the names of the 15 candidates with highest votes according to the allocation. Importantly, he used the word “proclaim” without objection from his Comelec colleagues. Engr. Conti who remained present also raised no objection to the proclamation. In fine, the Comelec did not make any reservation or state any condition to the proclamation. The Comelec did not say that the proclamation was not official or that an official proclamation would be made in the future. Thus, Engr. Bagtasus said:

 

“To mention my respect, my colleague here Engr. Rey Uy for being a committed, commitment member to PSME and a committed COMELEC member who wants to have a very peaceful and honest election this year. Mr. President, our beloved fellow engineers in behalf of my COMELEC Chairman I’m honored to proclaim the winners of the just concluded and properly tabulated results of the COMELEC for 2016 officers of PSME. I would like to proclaim and mention the following officials based on the ranking of our tabulation. NCR: number 1 is Engr. Edgardo Camering…’

 

The winners proclaimed were Engrs. Edgardo Camering, Murry Demdam, Lorenzo Larion, Leandro Conti, Loreto Catalan, all of NCR; Engrs. Willy Bermudez and Diosdado Fetalvero of North Luzon; Engrs. Leonardo Cometa and Nardito Cornelio of South Luzon; Engrs. Lemie Leonida, Joemarie Arib and Emmanuel dela Cruz of Visayas; and Engrs. Roberto Sollano, Robert Dy and Feliciano Perater Jr. of Mindanao.

 

Following that proclamation of the winners for the 2016 National Board, PSME President Engr. Pablito Ocampo officially adjourned and closed the Convention at 2:55 a.m. of Oct. 25, 2015. Therefore, the Comelec had already complied with its duties, under Sec. 20 of the Amended Election Code; and Secs. 7.7.1.8.3, 7.7.1.8.4, 7.7.1.8.6, 9.5.4, 9.6.1.1, 9.6.1.1.5 and 9.6.1.1.6 of the Policy Manual. The votes had been canvassed, the results had been certified and signed by the Comelec, and the winners were forthwith proclaimed by Comelec.

 

Section 20.         Proclamation of the National Directors Elect – Upon completion of the canvass of votes by the COMELEC, the person or persons obtaining the highest number of votes in accordance with the distribution provided for in the By-laws shall be declared elected xxxxx.

“All Fifteen (15) Directors shall compose the National Board and the President acts as the Chairman.” (Amended Election Code)

 

Section 7.7.1.8.3             The results of the canvass of ballots shall be prepared and certified to by the COMELEC.” (Policy Manual)

 

Section 7.7.1.8.4             The candidates receiving the highest number of votes corresponding to the number of seats allocated shall be declared elected by the COMELEC.” (Policy Manual)

 

Section 7.7.1.8.6             The results of the election shall be announced during the general membership meeting of the convention.” (Policy Manual)

 

Section 9.5.4       Agenda and Program –

“xxx   xxx   xxx

Evening     Announcement of Election Results

                 Recapitulation and Closing of Convention.” (Policy Manual)

 

 

Section 9.6.1.1    Annual – As prescribed by Section 7.1 of the Amended By-laws, there shall be an Annual General Membership meeting of the Society coinciding with the Annual Convention, which shall be held in Metro Manila during the month of October, on a date decided by the Board of Directors. The agenda of the meeting shall include the following:

“xxx   xxx   xxx

 

9.6.1.1.5  Election of Directors and Officers

9.6.1.1.6  Report of the Commission on Elections.” (Policy Manual)

 

According to Sec. 5.2 of the By-Laws; Sec. 21 of the Amended Election Code; and Secs. 3.2.3, 7.2, 7.7.1.9, 9.6.1.1 and 9.6.1.1.5 of the Policy Manual, the proceedings should have continued in the convention with the election among and by the 2016 Directors-Elect of the 2016 National Officers.

 

Section 5.2         Immediately after their election, the directors shall elect from among themselves a President, Executive Vice-President, Vice-President for Internal Affairs, Vice-President for Regions – NCR, Luzon, Visayas, and Mindanao, Vice-President for External Affairs, Vice-President for Technical Affairs, Secretary and Treasurer. The President-elect, with the approval of the Board may designate an Auditor, P.R.O. and such other officers and personnel as may be deemed necessary subject to the approval of the Board.” (By-Laws)

 

Section 21.         Election of National Officers – After Directors Elect had been proclaimed, the COMELEC will now convene and chair the assembly for the Directors to elect among themselves the National Directors, to wit: President, Executive Vice-President, Vice-President for Internal Affairs, Vice-President for External Affairs, Vice-President for Technical Affairs, Vice-President for National Capital Region (NCR), Vice-President for Luzon, Vice-President for Visayas, and Vice-President for Mindanao, Secretary, Treasurer. The formal proclamation by the COMELEC for the elected national officers shall be done during the closing ceremonies of the National Convention.” (Amended Election Code.)

 

Section 3.2.3       Election Among Directors – Immediately after the election of the Board of Directors, they shall elect among themselves a President, Executive Vice President, Vice President for Internal Affairs, Vice President for NCR, Vice President for Luzon, Vice President for Visayas, Vice President for Mindanao, Vice President for External Affairs, Vice President for Technical Affairs, Secretary and Treasurer. The President-elect, with the approval of the Board may designate an Auditor, Public Relations Officer and such other officers and personnel as may be deemed necessary subject to the approval of the Board as prescribed by Section 5.2 of the Amended By-Laws.” (Policy Manual)

 

Section 7.2         OFFICERS

“Immediately after their election, the Directors shall elect among themselves the following officers:

 

Section 7.7.1.9    The directors-elect then proceed with the election of officers.” (Policy Manual)

 

Section 9.6.1.1    Annual – As prescribed by Section 7.1 of the Amended By-laws, there shall be an Annual General Membership meeting of the Society coinciding with the Annual Convention, which shall be held in Metro Manila during the month of October, on a date decided by the Board of Directors. The agenda of the meeting shall include the following:

“xxx   xxx   xxx

9.6.1.1.5  Election of Directors and Officers”

 

 

A review of the foregoing provisions shows that their common spirit and intention is for the directors-elect to assemble soonest after their election to elect among themselves the national officers.          The sole provision that mentions any partici-pation of the Comelec is Sec. 22 of the Amended Election Code. Nevertheless, the tenor of the Comelec participation is that its action is merely to facilitate the meeting.

 

The clear beneficial right intended to be protected is the election of the officers by the directors-elect, and NOT the act of convening the directors-elect. The directors-elect have a right to be convened in a meeting to elect the officers. The Comelec only calls the meeting DURING THE CONVENTION to give effect to the right of the directors-elect’s to choose from among themselves the national officers.

 

This is confirmed by the By-Laws, which is one of PSME’s charter documents. As a charter document, it is superior to the non-charter documents Amended Election Code and Policy Manual. Even the Policy Manual also does not state any participation by the Comelec. This silence in the PSME charter document and Policy Manual supports the conclusion that the action of the Comelec to call the meeting is a mere facility for the directors-elect to choose from among themselves the national officers.

 

However, the Convention extended into dawn, with many members having gone. It was understandable that the directors-elect decided to have the election of officers at another time. And so, the President Engr. Ocampo announced that since the “proclamation” had been made, the Convention was adjourned and closed.

 

Notably, the Comelec officially transmitted the above election results to the incumbent 2015 National Board, as evidenced by the endorsement duly received by the National Board at 3:00 a.m. of Oct. 25, 2015. The endorsement was signed by all members of Comelec.

 

Even Engr. Conti concurred. At exactly 11:15:25 of Oct. 25, 2015, Engr. Conti sent out his email confirming the validity of the Comelec proclamation and acknowledging the above results of the election by thanking all who supported his candidacy. Many of you have read that email.

 

Thereafter, the 2016 Directors-Elect waited for Comelec to perform its action to convening them for the election of the 2016 National Officers.

 

Instead, in a letter addressed to the national Board and dated Oct. 27, 2015, and two full days after the close of the Convention, Comelec Chairman Gilbert Fuentecilla unilaterally reported the official result of the election at the convention. However, he made a slight change in the list of winners from those proclaimed on Oct. 25, 2015. He replaced Engr. Loreto Catalan with Engr. Isagani Pantoja. In the letter there is no mention that Engr. Pantoja protested. Engr. Catalan also confirms that he was not summoned to any hearing to discuss his possible replacement.

 

Chairman Fuentecilla added a further irregularity in the latter part of the same October 27 letter. He suddenly mentioned a clearly belated protest of Engr. Conti received earlier in the same day October 27, 2015. The protest is not verified. Chairman Fuentecilla then stated in the same letter that the protest had supposedly been acted upon, and one “NCR” tally sheet with 500 votes was invalidated allegedly for “statistical improbability.” For that reason, Chairman Fuentecilla announced radical changes in the list of winners.

 

Thus, in addition to the removal of Engr. Loreto Catalan from the list, the votes of Engrs. Camering, Demdam, Larion, Bermudez, Fetalvero, Cometa, Cornelio Jr., Leonida, Arib, Sollano, Dy and Perater Jr., were all reduced by 500 votes. None of them were priorly summoned to any hearing. Also, Engrs. Pantoja and De la Cruz, were this time deleted and replaced by Engrs. Jaime Jajay Cruz and Alipio Bacalso. Engrs. Catalan, Pantoja and De la Cruz were never priorly summoned to any hearing about the Comelec’s intention to replace them.

 

Worse, the Chairman’s letter did not say which NCR tally sheet was invalidated, and also does not say that any Chapter from which the supposedly invalidated tally sheet came was informed nor given a chance to be heard regarding the invalidation 500 of its votes.

 

Clearly, the actions of Chairman Fuentecilla, in behalf of the Comelec, violated the principles of due process and fair play. He also disenfranchised 500 voters of the supposed “NCR” chapter.

 

Moreover, the Comelec disregarded and violated Section 9.1.6 of the Policy Manual that states: “The general membership is the superior body in the Society. It, therefore, follows that the National Convention of the general membership is the supreme authority of the Organization, and that no subordinate body can repeal, rescind, or otherwise modify or change any act or vote of the superior body, except involving direct amendments of the Articles of Incorporation and By-Laws.”

 

The apparent haste in that Comelec action, coupled with the lack of transparency in that action, only questions the motivation of the Comelec, and leads to the conclusion that the Comelec ruling was haphazard, unjust, and railroaded.

 

Still, the action of the Comelec on Engr. Conti’s protest is unauthorized, and is a patent error. The Comelec’s authority to rule on protests is circumscribed only within the proceedings of the Convention and only prior to a proclamation that it makes.

 

A reading of all the constitutive documents of the PSME shows that the spirit and intention of all procedures is for the election to be closed together with the adjournment of the Convention, SO THAT THE SOCIETY CAN MOVE FORWARD, AND SO THAT THE DIRECTORS AND OFFICERS CAN START PLANNING TO MOVE POSITIVELY INTO THE NEXT YEAR.

 

To interpret that the Comelec has a limitless authority that continues for no definite time after the close of the Convention negates the spirit of the above quoted provisions of the By-Laws, Amended Election Code and Policy Manual. Such an interpretation would be absurd, whimsical and tyrannical.

 

Moreover, the authority of the Comelec to rule and protests cannot disregard, or much less negate, other provisions of the same Amended Election Code, including Sec. 18, which states that the correction even of errors in the certificates of canvass is not allowed. Since the wording of the provision is categorical, even the Comelec cannot correct errors, and cannot change results. This is consistent with the intention to close and make final the election before adjournment of the Convention.

 

Furthermore, the Comelec should not have given due course to Engr. Conti’s protest because it is not verified.

 

Considering all the foregoing, the attempt of Comelec Chairman Fuentecilla to change the result of the election that was proclaimed on Oct. 25, 2015, is clearly illegal, unlawful and invalid.

 

To further show the absurdity in the Comelec’s interpretation of its authority, in a letter dated Nov. 2, 2015, the Comelec gave notice of a meeting on Nov. 7, 2015, or two weeks after the Convention, purportedly to promulgate a resolution on what it suddenly termed as the “pre-proclamation” protest of Engr. Conti, and that it was going to make another proclamation of winning candidates.

 

The Directors-Elect proclaimed on October 25, 2015, clung steadfast to their rights and initially proceeded to the Nov. 7, 2015 meeting, in order to question, object to and protest the basis of the meeting. However, Comelec swept these questions aside without any answer.

 

Incidentally, that meeting also violated Sec. 7.6 of the By-Laws requiring that notice to be mailed three weeks before date. The meeting also violated Sec. 6.6 of the By-Laws, as well as Sec. 3.3.7.2 of the Policy Manual specifying that the National Secretary must be the one to issue the meeting notice. The Directors-Elect also questioned the insufficiency of the notice for the time of the meeting, the lack of proof of service of notice to the invitees, the lack of a basis for determining the quorum, and the lack of a proper motion for the purported hearing as required by Sec. 9(d) of the Amended Election Code. Yet, the Comelec also swept these aside.

 

The Directors-Elect also protested the inclusion of a proclamation in the agenda, because the proclamation had been made on Oct. 25, 2015. The Comelec just inexplicably insisted that no proclamation was made on Oct. 25, 2015. Therefore, the Directors-Elect submitted a letter to the Comelec, demanding that they be convened within three days for the election of the National Officers. The Comelec did not act on it.

 

All the efforts of plaintiffs to have the meeting cancelled went to no avail. The Comelec even accepted more protests on that day, or about two weeks after the Convention. None of these protests were verified, but Comelec still accepted them. Therefore, the Directors-Elect that were already proclaimed on Oct. 25, 2015, were constrained to withdraw their attendance.

 

26.       On Nov. 14, 2015, the Board passed Resolution No. 2015-59. It states:

 

“WHEREAS, COMELEC issues were raised in this meeting as follows:

 

“1. The COMELEC already proclaimed the winning candidates last October 25, 2015 past 3:00 a.m. at the SMX Convention Center in Pasay City based on the video recording reviewed by the National Board wherein the names of the winning candidates per region together with the corresponding votes garnered were certified correct on the tally sheet by the COMELEC and read before the closing of the plenary on October 25, 2015;

 

“2. The national Executive Committee convened for an emergency meeting last November 5, 2015 and passed an ExCom Resolution calling for the election of officers on November 8, 2015, but was ignored by the COMELEC;

 

“3. The COMELEC was in excess of its duty to entertain or hear the electoral protests which were not verified even if it is very clear in the Omnibus Election Code that all electoral protests should be verified;

 

“4. The COMELEC disregarded the November 7, 2015 letter of candidates Murry F. Demdam, Loreto G. Catalan, Edgardo Camering and Nardito Cornelio demanding that directors-elect be convened for the purpose of election of the 2016 National Board & Officers;

 

“5. At the time prior to the proclamation of candidates last October 25, there was only one pre-proclamation protest and it was already dismissed by the COMELEC, hence there was no other pre-proclamation protest;

 

“6. The COMELEC had been pushing for a compromise agreement, amicable settlement and even power sharing with some of the 2016 directors-elect which is not part of their functions and jurisdiction;

 

“WHEREAS, the National Board believes that the COMELEC has no autonomous power and that COMELEC action such as calling for a meeting with candidates in a venue which is outside the principal official address of PSME is subject to Board approval;

 

“WHEREAS, the alleged pre-proclamation protests submitted by Engrs. Leandro Conti, Jaime Jajay Cruz, Ramon Aguilos, Alipio Bacalso, Alan Rufila, Vitaliano Mamawal III & Dindo Nicolas are unverified and as such are considered as mere allegations;

 

“WHEREAS, the Comelec up to this time has failed to convene the winning candidates for the purpose of electing the 2016 National Officers immediately after proclaiming the winners;

 

“NOW THEREFORE, on motion made by NS Rolando So, duly seconded by VP for NCR Manuel Paulino

 

“BE IT RESOLVED, as it is hereby resolved, to direct the COMELEC, and invite the 15 candidates proclaimed as winners for their respective region last October 25, 2015, to attend the Special Board Meeting on November 28, 2015, 10:00 a.m. at the Philippine Columbian Association for the purpose of electing the 2016 National Board of Directors and Officers.

 

“RESOLVED FURTHER, that all requests for disbursement related to COMELEC functions shall require the prior approval of the National Board.

 

27.       Instead of complying with the Resolution, and in a clear attempt to pre-empt its intention, the Comelec furnished the Board with a 2-page letter dated November 25, 2015, with an undated RESOLUTION, a 2-page Certificate of Canvass (dated Nov. 21, 2015), and an OMNIBUS RESOLUTION. The four documents state that the Comelec supposedly acted on various protests of Engrs. Conti, Cruz, Paspe, Nicolas, Rufila, and Bacalso, and was now invalidating 999 votes from the “NCR” Chapter allegedly because the “results are utterly improbable and clearly incredible”.

 

Moreover, the Comelec allegedly promulgated on November 22, 2015, an Omnibus Resolution declaring a fourth set of supposed winners, with new total votes. Engrs. Camering, Demdam, and Larion, Bermudez, Fetalvero, Cometa, Cornelio Jr., Arib, Dy and Perater Jr., all had their votes respectively reduced by several hundreds.  Engrs. None of them were previously informed, much less given an opportunity to be heard, on the matter.

 

Again, Engrs. Catalan, Pantoja, and now also Engr. Larion, were deleted and replaced by Engrs. Cruz and Mamawal; Engr. Dela Cruz was replaced by Engr. Bacalso; and Engr. Perater Jr. was replaced by Engr. Alan Rufila. None of the replaced candidates were informed nor afforded a hearing.

 

And worse again, the Comelec does not state which NCR tally sheets were invalidated, and it does not appear that any PSME Chapter was previously informed or given a chance to be heard regarding any invalidation of its votes. The arbitrary selection of the number of 999 votes, and resultant disenfranchisement of 999 voters, is also unexplained.

 

At this point, the Comelec’s many changes in its report of winners from the proclamation made on October 25, 2015, also shows that its acts were whimsical and capricious, and they were made in abuse of their powers and functions.

 

Proceeding from that unlawful, abusive and tyrannical proclamation on Nov. 22, 2015, Comelec alleged that eight of the directors-elect that it proclaimed on Nov. 22, 2015, convened in a meeting on Nov. 25, 2015 and elected the following 2016 National Officers.

 

President                                  - Engr. Leonardo A. Conti

Executive Vice-President           - Engr. Jaime Jajay E. Cruz

Vice-President – Internal           - Engr. Alipio N. Bacalso, Jr.

Vice-President – External          - Engr. Alan E. Rufila

Vice-President – Technical         - Engr. Vitaliano F. Mamawal III

Secretary                                  - Engr. Lemie S. Leonida

Treasurer                                 - Engr. Robert S. Dy

Vice-President – NCR               - Engr. Edgardo C. Camering

Vice-President – Luzon             - Engr. Willy C. Bermudez

Vice-President – Visayas           - Engr. Joemarie A. Arib

Vice-President – Mindanao       - Engr. Roberto E. Sollano

Director                                   - Engr. Murry F. Demdam

Director                                   - Engr. Diosdado F. Fetalvero

Director                                   - Engr. Leonardo M. Cometa

Director                                   - Engr. Nardito M. Cornelio, Jr.,

 

The Comelec report is a complete lie. Of the 15 listed individuals, eight (8) Engineers deny their attendance, asserting that they were never present to attend the supposed Nov. 25, 2015 election. These eight are Engrs. Dy, Camering, Bermudez, Arib, Demdam, Fetalvero, Cometa, and Cornelio Jr. The supposed meeting could not have convened nor continued with a quorum.

 

For that reason, the supposed Nov. 25, 2015 event is not a valid meeting, and any action therein was void and ineffectual.

 

Defendants cannot argue supposed teleconferencing because the meeting violated SEC Memorandum Circular No. 15, Series of 2001 (November 20, 2001), which specify the requirements for a Board meeting through teleconferencing.

 

On the other hand, on Nov. 28, 2015 the PSME National Board convened. The Comelec refused to attend despite due notice. And since the Comelec’s action was a mere facility to have the meeting, and the intention of PSME’s constitutive documents was for the directors-elect to elect the officers from among themselves, the Board was constrained to pass Resolution No. 2015-64 rejecting and impugning the Nov. 22, 2015 and Nov. 25, 2015 acts of the Comelec as having been made in excess of authority.

 

Further, because of the Comelec’s refusal to convene the Directors-Elect proclaimed on Oct. 25, 2015, the Board was constrained to convene them, and they validly elected the following 2016 National Officers:

 

President                                - Engr. Murry F. Demdam

Executive Vice-President       - Engr. Leonardo M. Cometa

Vice-President – Internal       - Engr. Edgardo C. Camering

Vice-President – External       - Engr. Emmanuel Y. De la Cruz

Vice-President – Technical     - Engr. Nardito M. Cornelio Jr.

Secretary                                 - Engr. Lorenzo P. Larion

Treasurer                                - Engr. Loreto G. Catalan

Vice-President – NCR             - Engr. Edgardo C. Camering

Vice-President – Luzon          - Engr. Diosdado F. Fetalvero

Vice-President – Visayas        - Engr. Joemarie A. Arib

Vice-President – Mindanao    - Engr. Feliciano C. Perater Jr.

Auditor                                   - Engr. Robert S. Dy

Director                                  - Engr. Willy C. Bermudez

 

Recently, the illegal officers led by Engr. Conti as supposed President, filed a case against the National Board alleging that they were the 2016 directors-elect. The trial court denied their prayer to stop the Nov. 28, 2015 meeting. At the first hearing, the illegal officer’s prayer for an extended temporary restraining order was also not granted. The court just scheduled the case for a next hearing in January 18. The illegal officers are now trying to amend their failed complaint.

 

However, the illegal officers are also now circumventing the facts and they are reportedly informing and misleading third parties in their claim to be the supposed 2016 national officers. The truth is nonetheless clear. The true Directors-Elect had been validly proclaimed by the Comelec on Oct. 25, 2015 during the Convention. The Comelec’s acts on Nov. 7, 22, and 25, 2015 in complicity with the illegal officers are unlawful, unjust, and also violative of the constitutive documents of the PSME.

 

THESE TRUTHS WILL PREVAIL!

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PSME Reply to PRC Acting Chair Hon. Chua Chiaco Letter dtd December 18, 2015

Posted By Administration, Tuesday, December 22, 2015

MANUEL LAW OFFICE
Suite 2603-D, 26th Floor
Philippine Stock Exchange Centre (East Tower)
Exchange Road, Ortigas Center
Pasig City 1605 Philippines
Telefax: (+632) 638-8778
Email: apmanueljr@yahoo.com

December 21, 2015

Hon. Angeline T. Chua Chiaco
Acting Chairperson
Professional Regulation Commission
P. Paredes St. corner N. Reyes St.
Sampaloc, Manila

Dear Hon. Chua Chiaco:

Letter to PSME dated December 18, 2015

We write on behalf of our client, the Philippine Society of Mechanical Engineers (“PSME”), who referred to us for appropriate action your letter dated December 18, 2015 informing the PSME of the PRC’s decision “to recognize the 2016 officers as declared by the PSME” and in this regard “ to recognize Engr. Leandro Conti as the 2016 National President of PSME as confirmed and ratified by the COMELEC.”

With all due respect, your unilateral action of giving your unsolicited recognition to Engr. Conti is totally and absolutely wrong.

Had you only ascertained the facts thoroughly, you would have learned that if there is any election of PSME’s 2016 National Officers, which is valid and legal and which the PSME recognizes, that is the election of the 2016 PSME National Officers held on November 28, 2015, where Engr. Murry Demdam, was duly elected and proclaimed as 2016 PSME National President.  It was the 2016 PSME National Board, duly elected and proclaimed winners by the PSME COMELEC last October 25, 2015 during the PSME’s 63rd PSME National Convention - General Membership Meeting held at the SMX Convention Center, Mall of Asia Complex, Pasay City, who voted for Engr. Demdam. Further, our client told us that it appears that you likewise failed to coordinate and check with the Board of Mechanical Engineers (BME) before you issued your letter.

The act of the COMELEC and Engr. Conti of having the latter proclaimed as 2016 PSME National President was unlawful and illegal as it contravenes the PSME’s Omnibus Election Code, By-laws and Policy Manual.

For purposes of setting the record straight, our client never sent you a letter dated December 11, 2015, which you erroneously used as your premise in issuing your Decemebr 18, 2015 letter. If ever you are referring to our client’s letter of December 1, 2015, the tenor thereof is clear, it simply furnished you with copies of PSME’s resolution No. 2015-64 and Circular Reference No. 2015-40. It never mentioned and never asked you to interfere with PSME’s internal affairs, specifically that of deciding who will be the PSME’s National President fr 2016, which is an issue that is clearly internal for PSME to decide.

By issuing the abovementioned letter, you had clearly exceeded your mandate as it is not within your authority, power and jurisdiction to do so.  If there is any authority vested to you by law that is only to give recognition to every Accredited Professional Organization (APO) such as the PSME, but absolutely not to interfere with its internal affairs. In addition, there is no pending controversy or case before your office that necessitates your issuance of the above letter. Further, it is the general membership of PSME who has the sole right and exclusive privilege to determine who it wants to serve as its National Officers. And the general membership spoke when it elected the 2016 PSME National Board last October 25, 2015, who in turn had elected the following 2016 PSME National Officers:

President -                                       Murry F. Demdam
Executive Vice President -              Leonardo M. Cometa
VP for Internal Affairs -                   Edgardo C. Camering
VP for External Affairs -                  Emmanuel Y. dela Cruz
VP Technical -                                Nardito M. Cornelio, Jr.
VP for NCR -                                  Edgardo C. Camering
VP for Luzon -                                Diosdado F. Fetalvero
VP for Visayas -                             Joemarie A. Arib
VP for Mindanao -                          Feliciano C. Ferater, Jr.
National Secretary -                       Lorenzo P. Larion
National Treasurer -                       Loreto G. Catalan
National Auditor -                           Robert S. Dy
MIDO -                                           Willy C. Bermudez
Director -                                        Lemie S. Leonida
Director -                                        Roberto E. Sollano
Director -                                        Leandro A. Conti

Just to put emphasis, Engr. Conti is not the duly elected 2016 PSME National President. In fact, he was never elected to any position during the election of the 2016 PSME National Officers. Thus, your abovementioned letter is totally baseless and wrong.

What your office should have done was to refrain from issuing the above letter considering your close ties with Engr. Conti who had been part of PRC for more or less seven (7) years, having served the PRC as member of the Board of Mechanical Engineer (“BME”) from October 2008 to 20100 and thereafter from being its Chairman from October 2011 to February 2015. Our client had informed us that though totally and absolutely illegal, the PRC had allowed Engr. Conti to use its money and resources by allowing Engr. Conti to continuously act as President of PAPRB and occupy an office inside the PRC, when the basic requirement for one to assume such office is that he should be an incumbent officer of BME. Our client further informed us that Engr. Conti had just been replaced by another person to assume the post just a few days ago.

As further proof of the illegality of your letter, the issue as regards who between Engr. Murry Demdam and Engr. Leandro Conti should act as the 2016 PSME National President is currently pending before the Regional Trial Court- Branch 24, Manila, in the case entitled “Engrs. Leandro A. Conti, Jaime Jajay E. Cruz, And Vitaliano Mamawal III versus Engrs. Pablito C. Ocampo, Murry F. Demdam, Rolando C. So, Leonardo M. Cometa, Manuel L. Paulino, Rogelio G. Reyes, Edgardo C. Camering, Lorenzo P. Larion, Loreto G. Catalan, Nardito M. Cornelio, Jr., Willy C. Bermudez, Emmanuel Y. Dela Cruz, Diosdado Fetalvero, Feliciano C. Ferater, Jr., and Ernesto J. Casis,” docketed as Civil Case No. 15-135040.  Clearly, your above stated letter unlawfully interferes with the above pending case for which you can be held accountable.

It is unfortunate that despite Engr. Conti being fully aware that he is still asking the Court to recognize and declare him as the duly elected 2016 PSME National President and despite the fact that it is only today that our client had been furnished by your letter, our client had informed us that Engr. Conti had spread out and used your letter to sow confusion and divisiveness among its general membership. What he has not yet gotten from the Court he indirectly had obtained from you and you had willingly granted him the same.

To prevent the tension within PSME from further escalating and to maintain the unity among our ranks, demand is hereby made upon you to recall, retract and rescind your December 18, 2015 letter within two (2) days from receipt of this letter.  Failure on your part to heed this demand will constrain us to file the appropriate civil, criminal and administrative action against you, to protect our client’s interest, cost for which shall be further charged against you.

 

Very Truly Yours,

(sgd)
Andres P. Manuel, Jr.

Cc:

Office of the President                                 #37236
Malacanang, Manila

Hon. Conchita Carpio Morales                   #37231
Ombudsman
Ombudsman Building, Agham Road
North Triangle, Diliman, Quezon City 1101

Hon. Rosalinda Baldoz                                 #37232
Secretary
Department of Labor and Employment
Muralla Wing corner General Luna Street
Intramuros, Manila 1002

 Attached Files:

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BME Member Ding Guevarra Speech at PSME Turnover Ceremony and Christmas Party

Posted By Administration, Sunday, December 20, 2015

 

PSME National Christmas Party

By Fernando S. Guevara, BME Member

December 14, 2015

Good Evening.

Christmas Greetings to the Officers and Members of the Philippine Society of Mechanical Engineers.

I am honored to be speaking to you today.

When I was asked to be the Guest Speaker I was wondering how I can inspire you with the present situation of PSME. During my high school days after school, I often chose to play chess with the “barberos” located just across my school instead of congregating with my classmates. And whenever they saw me in the “barberya” they allowed me to play chess with them. I found the “barberos” fascinating because there are always stories to be told from serious politics to plain “tsismis”. I guess this was what fascinated me. But what intrigued me were their opinions and suggestions after the discussion. This is what I am today a chess-playing “barbero” and this is maybe how you will think of me today. And this could have inspired me to write a book on EPIRA Law.

Today, our profession is again challenged. There are a lot of discussions going around on how to deal with the situation. However, the basic fact is this: The BME accredited PSME as the Accredited Professional Organization of Mechanical Engineers (APO) in accordance with RA 8495 specifically Section 23. This accreditation to PSME comes with “great authority together with great responsibility”. It is about time the National and Chapter officers think and act with great responsibility and not with great authority. Taking an oath as an officer is accepting the responsibility to take care of the needs of the members. The authority given to the officers must be used to protect the welfare of the members. PSME should not be only about conventions and CPD it should be more about taking care of the members.

Take the case of a large medical center in Davao City. When I was with the PRC Regional Director of Southern Mindanao, I asked why the hospital does not have a PME despite there are three (3) RMEs working for the last 15 years, the RMEs told me they do not have the money to apply for the PME license. I asked them how much they are supposed to pay. They told me that they will need about Php 100,000.00. The Director and I were surprised and the Director was speechless for a few seconds. I told the Director to process their application for only Php 900.00. This kind of situation is not taking care of the members but taking advantage of the members. Also, there are many complaints about the Certification of Good Standing (COGS) and the Board of Mechanical Engineers (BME) is being asked to solve these complaints, but the fact is this is supposed to be a concern for PSME.

This is a reflection of how the PSME now functions.

And now we have an issue of national leadership where one party has chosen to go to court to resolve the issue instead of asking the BME to resolve the issue. And by doing so both parties seem not to trust the BME with fairness. This is the BME understanding because of previous experience that members no longer see the difference. We just allow the system to work without drastically changing our mindset on the purpose on why we are officers and members of the PSME. We have an election process that always ends in controversy and worse, end up in courts. This has always been the way since I can remember. When I was a Director of PSME Makati way back during the time of Engr. Alberto Dosayla and Engr. Bayani Bueser there were also issues about national elections. So serious as to affect the Chapter Level that I decided to lie low for many years.

PSME needs a major electoral reform. So My advice is We must not be afraid to challenge the norm. We must be willing to take a chance. We must always Ask why. We must Make our own track, not just following the old trodden past. We must Chart our own course and destiny. We must be willing to make Sacrifices And the most important we must start Being the members and officers of PSME that we were meant to be.

Finally, let’s be different this time.

Thank you and Merry Christmas and a Happy New Year to all.

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PSME Letter to 2015 COMELEC

Posted By Administration, Tuesday, December 15, 2015

VIdeo of PSME COMELEC Proclamation of Winning Candidates for the 2016 PSME Board of Directors on October 25, 2015.

PSME LETTER TO COMELEC

December 2, 2015

Engr. Gilbert C. Fuentecilla
PSME COMELEC Chairman

Engr. Reynaldo P. Uy
PSME COMELEC Member

Engr. Ely Bagtasus
PSME COMELEC Member

Dear Messrs. Fuentecilla, Uy and Bagtasus:

I refer to your letter dated November 25, 2015, which happens to be your response to the PSME National Board's directive dated November 19, 2015. The letter happens to have been sent via email though a certain Atty. Pam Jalandoni, who introduced herself as PSME COMELEC Lawyer.

In your letter, you have stated that the PSME COMELEC, to which you belong, cannot implement the directive of the Board to conduct the election of the 2016 PSME National Officers last November 28, 2015.

If you will recall, I sent you an email last October 29, 2015 thanking you for the valuable time and effort shared in doing the role of the COMELEC in the recent PSME Elections. In this same email, I asked you to expedite the convening of the winning candidates for the election of the 2016 National Officers, with assurance of assistance form the national secretariat.

On November 3, 2015, I informed you of the request of EVP/Director-Elect Murry Demdam to hold an election of officers on November 8, 2015 9:00AM at the PCA. But COMELEC Chair Fuentecilla replied though a text message that "...kailangan unahin muna ang meeting namin ng mga 2016 candidates para malaman nila mga dapat mangyari. Dapat tuloy and PCA meeting 10:00 AM sa Nov. 7, 2015..."

You have cited various reasons in your letter centering on the supposed non-authority of the Board to meddle on whatever actions the COMELEC will do as regards the election of the incoming board and officers, regardless of whether it is right or wrong; in accordance with the society's existing By-Law, Policy Manual, Omnibus Election Code and other pertinent laws, rules and practices; and regardless of whether it is in accord with your sworn duty or not.

This erroneous assumption had led you to gravely and excessively abuse the authority vested upon you that now causes divisiveness,, disagreement and discord among the candidates and their respective group. This had led to the filing of a case now in Court and might possibly result to other cases being filed in the succeeding days, including that against you.

We wish to emphasize that the authority given to you is to conduct the election of the 2016 PSME Board and Officers within the bounds of our By-Laws, Policy Manual, Omnibus Election Code and other pertinent laws, rules and practices. This authority never removed the authority of the Board, as the sole and exclusive governing body of PSME, to ensure that this sworn duty have been performed and if not, to exercise its power to ensure compliance therewith. This is what the Board had done when it issued the letter dated November 19, 2016, considering that the COMELEC had actually proclaimed in the open the results of the election for PSME's 2016 Board on October 25, 2015. The COMELEC's unqualified proclamation was duly recorded and videoed where the two of your were present and actually witnessed and stood side by side with COMELEC Member Ely P. Bagtasus as the latter officially proclaimed the names of the winning and incoming 2016 Board Members. And this proclamation was done by the COMELEC without any existing complaint or issue as the COMELEC had earlier resolved to dismiss the complaint lodged by Engr. Jerico Borja.

While the COMELEC professes its supposed policy of maintaining a free, honest and credible election, is subsequent acts, such as but not limited to those herein cited, show otherwise:

(i) refusing to honor the proclamation it made in October 25, 2015; (click here to watch the proclamation) 

(ii) refusing to facilitate the election of officers from among its officially announced 2016 PSME Board of Directors last October 25, 2015;

(iii) its act of making a second (2nd) and third (3rd) proclamation of winners which is not sanctioned by any of PSME's rules;

(iv) backing up and illegally installing the individuals it proclaimed in its unlawful and illegal second (2nd) and third (3rd) proclamation by having their null and void election for the 2016 Board and Officers of PSME, which was done without a quorum; and

(v) its act of sending out the results of this bogus elections to the various government agencies concerned when it is the Board who should do the same.

The COMELEC's betrayal of the Society's and its members' trust and confident by committing the above acts and its utter refusal in fulfilling its mandate is clearly and utterly wrong.

Accordingly, the Board hereby demands the COMELEC to stop from doing any other acts that will further escalate the tension among the parties involved. This is without prejudice to the right of the Board to file the appropriate suit against the COMELEC for all its wrondoings that resulted to the presenet scenario.

Respectfully Yours,

 

(sgd)
PABLITO C. OCAMPO
PSME National President

 --

COMELEC Certified Correct and Signed PSME Election Tally Sheet showing the following as the winning candidates:

NCR
1. Edgardo C. Camering - 7,204
2. Murry F. Demdam -  6,877
3. Lorenzo P. Larion - 6,769
4. Loreto G. Catalan - 6,740
5. Leandro A. Conti - 6,714

NORTH LUZON
1. Willy C. Bermudez - 12,469
2. Diosdado F. Fetalvero - 7,141

SOUTH LUZON
1. Leonardo M. Cometa - 12,008
2. Nardito M. Cornelio, Jr. - 11,362

VISAYAS
1. Lemie S.  Leonida - 9,342
2. Joemarie A. Arib - 7,746
3. Emmanuel Y. Dela Cruz - 6,361

MINDANAO
1. Roberto E. Sollano - 12,535
2. Robert S. Dy - 12,463
3. Feliciano C. Perater, Jr. - 7,347

 Attached Files:

Tags:  2016  BOD  Comelec  Directors  Election  Proclamation  PSME 

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2014 PSME National Officers Oath-taking at PRC

Posted By Administration, Sunday, May 24, 2015

Published on Dec 15, 2013 at Youtube by PTV4

Good Morning Boss: Mga bagong opisyal ng Philippine Society of Mechanical Engineers (Ulat ni Julius Disamburun) [December 16, 2013]

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Engr. Victorino Z. Sianghio, Jr. (1944 - 2015)

Posted By Administration, Tuesday, February 24, 2015

Victorino Z. Sianghio, Jr. (1944 - 2015)
1985 PSME National President

Engr. Victorino Z. Sianghio, Jr. (Vic) is a Professional Mechanical Engineer (PME). His involvement in PSME started over 4-decades when he joined PSME Manila (Host) Chapter as member and later became President. He held several positions in the National Board starting as Director, 4-year stint as Board Secretary (1977-1980), Vice-President for Internal Affairs, Executive Vice-President in 1984 and as National President in 1985. In 1986, he was designated as National Chairman in Internal and External Affairs and became Chairman, Council of PSME Past National Presidents (COPPANAP) up to the present. He remains as active member of PSME Manila (Host) Chapter and an adviser of PSME Pasig Chapter. He served various positions and currently the Chairman of the Foundation of Professionals (FOP).

For his extensive contribution to the growth of PSME, he received the PSME Outstanding Mechanical Engineer Award in the field of Community Service and thte prestigious PSME Fellow Award in 1990. He received an Award of Recognition for negotiating the Memorandum of Agreement (MOA) between the American Society of Mechanical Engineers (ASME) and the Philippine Society of Mechanical Engineers (PSME) in 1979.

He was the 2007 Awardee as the "Outstanding Professional in the field of Mechanical Engineering given by the Professional Regulation Commision (PRC) and the 2011 Awardee for the PSME Tobias P. Marcelo Lifetime Achievement Award."

He graduated from the Mapua Institute of Technology with a Bachelors degree in Mechanical Engineering. A gentleman with 16 years experience in design, construction and operation of 6 Thermal Power Stations during his stint in MERALCO and MIESCOR and later a successful businessman in the field of consultancy, trading and real estate. He is currently President of VS Energetics Inc., VICROSE Trading Corp. and ROSVIC Realty and Development Inc.

His socio-civic activities has been extensive as President of the Rotary Club of Makati Southwest, Rotary International District 3810 wherein he received the golden District Award as Outstanding in Livelihood Generation, Major Achievement in Community Service, Internal Service and Vocational Service.

His continuing role in the re-activation and creation of Chapters, promotion of training and technical enhancement program, both in Chapter and National level has a positive effect in the growth of PSME. His presence in Chapter anniversaries, inductions, conferences and National Conventions has inspired many members to join activities.

 

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