Home » Opinion, SCMAP Perspective » Delayed Victory

Conference Notes

SCMAP wound up activities in this year’s annual conference and exhibit last September 23 at the cocktails. While this year’s event did not improve on last year’s attendance numbers, as is usually the case, SCMAP achieved two firsts.

• The first Roundtable discussion by a dozen CEOs and CSCOs, on how supply chain management systems should progress, given the dynamic changes in consumer preferences, complexity in channel distribution and advancement in technology. The discussion was moderated and t

The output fed to the plenary session by Olive Ramos of DHL, Committee Chair on Best Practices and Standards

• The first Salute to Excellence awards for exemplary company SCM projects and excellence in TPL service, won by Integrated Commissary and DHL Supply Chain, respectively. Past president and Consultant Ana Rose Ochoa managed the year-long activity to its fruition.

The quality and mix of speakers was overall better than last year, and the number of exhibitors about the same. President Dennis Llovido (Nestle) and Conference Chair Cora Coray (XVC), and the rest of the team, deserve credit for another successful conference and exhibit.

Delayed Court Victory

Early last month, just before the conference, the Supreme Court released a long delayed decision on a case filed against DMAP by some shipping lines, members of the Domestic Shipowners Association (DSA). DSA replaced CISO in the early 1990s and was later replaced by PLSA. The case was filed in the second half of 2002 and was for indirect contempt of the Supreme Court. It was filed specifically against then DMAP President Lorenzo Cinco (Pure Foods) and past president Cora Curay (XVC). That was nine years ago!

DMAP had just lost a case at the Supreme Court appealing a ruling by the Court of Appeals on the constitutionality of EO 213 and MC 153. The Supreme Court dismissed DMAP’s appeal based on a technicality. DMAP failed to file within the reglementary period and to pay the deposit for sheriff’s fee and clerk’s fee under the rules.

At one of its GMMs, DMAP provided its membership with the usual advisory on what was happening, called Sea Transport Update. An unknown DMAP member provided a copy of the advisory to the shipping lines, and this became the fuel used by DSA members to charge Lorie Cinco and Cora Curay before the Supreme Court. See below some details about contempt of court.

In its long-delayed decision, the Supreme Court absolved DMAP of contempt regarding some statements it released to its members on an earlier Supreme Court decision. After all, DMAP was merely informing its members of what was happening when it said DMAP’s petition was dismissed by the Supreme Court based on a technicality.

Actually Cora Curay was the president in 2002, but had to resign her post when she left her company Coca-Cola and formed her company XVC Logistics. Still as Sea Transport Committee chair, Cora was named as a Consultant in the case papers. Cora might have been charged by herself if she were still with Coca-Cola and president of DMAP.

At any rate, that is how things happened.

The above illustrates the kind of sacrifices some DMAP/SCMAP officials might have to make. Congratulations and hooray for Lorie Cinco and Cora Curay!

For your better appreciation, I quote from the release.

“Contempt of court, broadly defined as a disregard of rules or orders by a legislative or judicial body or interruption of its proceedings by disorderly behavior, has two kinds: direct and indirect. The former is committed in the presence of or so near the judge as to obstruct him in the administration of justice; while the latter consists of willful disobedience of the lawful process or order of the court. Among the acts of indirect contempt under Sec. 3, Rule 71 of the Rules of Court, are, following a charge in writing has been filed: disobedience of a lawful court order; improper conduct tending to impede or degrade the administration of justice; assuming to be an officer of the court and acting without such authority; and failure to obey a subpoena duly served. DMAP had been charged under the foregoing provision”.

The Supreme Court’s First Division, through Justice L. Bersamin, unanimously dismissed the indirect contempt case. Chief Justice R Corona, and Justices T. Leonardo-De Castro, M. Del Castillo, and M. Villarama all concurred.

So, why did it take this long to make this decision? Don’t ask me.

Activities, Rest of 2011

• Soft Skills Training, Thursday-Friday, for re-scheduling

• Warehouse Management Seminar, Friday-Saturday, for re-scheduling

• General Membership Meeting, Oct. 21

• General Membership Meeting and Election, Nov. 18

• Christmas Fellowship, December 2

 

Address inquiries and comments to Ed Sanchez at tel. 671-8670, fax 671-4793, cell 0918-914-1689, or email scmap.org@gmail.com. Those interested in SCMAP training and other activities are requested to send their e-mail addresses.

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