By Charlie V. Manalo
12/03/2009 [ tribune.net.ph ]
The president of a homeowners association is seeking the intercession of the Housing and Land Use Regulatory Board (HLURB) after his co-officers had unceremoniously ousted him from his post.
Yesterday, Virginio Aris, a businessman and president of BF Homes Executive Village Homeowners Association Inc. (BFHEVA) filed a complaint before the HLURB against nine officials of the Board of Directors for illegally ousting him from office without due process and legal basis.
Named respondents to the case were board of directors Jose Cailipan, Owen Imperial, Efren “Boy” Cordero, Leony Avante, Dr. Bong Joson, Ferdie Austria, Quint Felipe, Lucille Hawke and Darwin Cruz.
In a 13-page complaint, Aris stated he was filing a derivative suit or a legal suit which shall represent the sentiments of the whole homeowners association.
The complainant is asking HLURB to prevent Cailipan from assuming acting as the new president of BFHEVA and the other board of directors from abetting, tolerating and participating in the illegal and void acts of Cailipan as president.
It was prayed that the HLURB must issue a cease and desist order against all of the respondents and after hearing nullify the installation of Cailipan as president. Moral, exemplary damages plus attorney’s fees were also sought by Aris against the respondents in the total amount of P2.2 million for causing damage to Aris’ name and reputation.
Aris stated he was ousted illegally as president of BFHEVA since it is very clear in their constitution and by-laws that a president shall serve for one year and may be replaced only if he suffered disability and death. He cited that there was even no complaint filed by any member of BFHEVA against him.
It was also stated in the by-laws that it “does not empower the board of directors to remove the president. It has only the power to elect the officers of the association, the president included. There was no vacancy in the office of the president of BFHEVA Inc.”
What was cited was the removal of a board of director via 2/3 vote of the members after a special meeting called for that purpose. This requirement did not happen in the case of Aris.
He accused all of the respondents of acting in conspiracy in ousting him from office.
The whole case stemmed after a complaint was filed by a homeowner after Cailipan ordered the BF Homes security guards to prevent the entry of private security of homeowners. Cailipan was also accused of instigating security guard Ives Gravador to file criminal charges of grave coercion and abduction against homeowners Gary and Psyche Hopkins.
This reportedly caused the feud between Aris and Cailipan until the latter pushed Aris’ ouster as president.
