The Regional Trial Court (RTC) issued a temporary restraining order against some Chamber of Customs Brokers, Inc. (CCBI) officers from exercising their functions, in the process effectively reinstating Ruby Riga as president.
Riga, who was elected president in CCBI’s regular election in March 2013, filed a case in January 2014 against Joseph Tabirara, Samson Gabisan, Rolando Quaimbao, Albert Cruz, Arnulfo Gambayan, Rogelio Villagarcia, Sunny Aguila and Girlie Perez, for taking over the leadership of the CCBI following snap elections held on January 16. The elections followed the issuance of Board Resolution No. 01-2014 signed by the defendants which declared as vacant all CCBI officers’ position, citing “loss of trust and confidence on the leadership of Roberta Riga and to give fresh start to the association.”
Riga claimed the snap election was held without basis and not supported by the Corporation Code of the Philippines or Articles of Incorporation and By laws of CCBI.
In a writ of preliminary injunction signed on November 14, RTC Manila Branch 24 acting presiding judge Atty. Jose Lorenzo Dela Rosa ordered the defendants to “cease and desist from exercising and performing the functions and duties of herein plaintiff (Ruby Riga) as President and that of the functions and duties of her co-officers of Chamber of Customs Brokers, Inc. (CCBI) who were duly elected on March 25, 2013.”
In its resolution the court said, “the testimony of plaintiff’s witness duly supports the allegation in the complaint as well as the allegations supportive of the injunction relief sought. On the other hand, the testimony of the defendants’ witnesses does not show any right by which they hold office. Summarily, the evidence of the plaintiff shows clear right on their part and the necessity for the issuance of the injunctive relief.”
In an email statement to PortCalls, defendant Tabirara said, “The CCBI Board of Directors fully recognize the court order reinstating Roberta Riga as the CCBI President while the case is still on trial. As a professional organization and as an act of high degree of professionalism, we, the officers elected during the January 16, 2014 election accept the aforementioned court decision without prejudice to the final outcome of the case.
“In fact, during an emergency meeting held at CCBI office on Nov. 25, 2014, we, the officers elected on January 16, 2014 offered our turn-over but Director Lambert Mindanao, speaking on behalf of the five directors namely himself, Mrs. Riga, Mr. Del Pilar, Mr. Abac and Mr. Reyes refused to accept since according to Mr. Mindanao, there is nothing to turn over.”
He added, “The said decision would not have much effect to the CCBI affairs since almost everything is subject to approval of the board of directors whose majority do not support Mrs. Riga.”
The pre-trial for the case has been reset to January 23, 2015. – Roumina Pablo
