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Date Action CA Discussion/Decision

Oct 17, 2011 Complaint against private respondents (Briz’s group---


ousted BODs) to NEA-ADCOM
April 30, 2012 NEA-ADCOM rendered decision finding private Being a quasi-judicial body, NEA’s decision is immediately
respondents guilty of Grave Misconduct and Gross executory (Sec 15. New Admin Rules and Procedure of NEA).
Neglect of Duty imposing penalty of REMOVAl From this date on, private respondents (ousted BODs) were
stripped of their powers as BODs. And all actions thereafter
are all null and void.
May 3, 2012  Private respondents filed for Certiorari and - Private respondent alleged the Rule 65 can be availed of
Prohibition w/ TRO on April 30, 2012 decision of and that RTC has jurisdiction on their appeal from the
NEA-ADCOM at RTC – 3 (Nabunturan) decision of the NEA.
 72-hr TRO was issued against implementation and
enforcement of April 30, 2012 decision Held: NO. R65 cannot be availed of since appeal to CA is still
available. R43 applies. Hence, these orders by the RTCs were
May 7, 2012 RTC-3 extended the 72-hr TRO to 20 days NULL and VOID having been issued in grave abuse of
discretion.
May 16, 2012 RTC-1 (Tagum) granted petitioner’s 2-day TRO on
referendum scheduled on May 19, 2012. At its expiration The referendum was also invalid since Private
on May 18, 2012, the same was not extended. Respondents have no longer power as BODs.

Note: the referendum was initiated by private


respondents as to whether DANECO be a stock
cooperative or a stock corporation
May 19 & 20, 2012 Referendum was held and DANECO was issued with a
Certificate of Registration from Cooperative
Development Authority on May 21, 2012
May 23, 2012 RTC-3 (Nabunturan) issued Writ of Preliminary
Injunction against Petitioners
June 29, 2012 CA granted the Petitioner’s prayer for a TRO against RTC-
3’s WPI. It also prohibited and enjoined private
respondent from further exercising powers as members
of BOD
July 27, 2012 Private Respondents resigned as DANECO’s BODs

Sept 26, 2012 CA issued Writ of Preliminary Attachment prohibiting


and enjoining private respondents from further
exercising powers as members of BOD
Sept 28, 2012 Cooperative Development Authority suspended the The application was null and void in the beginning since BODs
effects of the Certificate of Registration of DANECO has no longer hold any power.
Oct 21, 2012 New sets of BODs were elected and appointed known as Election/Appointment was invalid
DANECO-CDA BODs
Oct 16, 2017 2 Complaints for Indirect Contempt were filed against - Guilty. Fine of P10, 000.00 each.
some of the Private Respondent due to unenforced Sept - Felix Hibionada are required to return his retirement
26 Writ benefits received from the resolution issued by the newly
elected BODs.
May 23, 2013 Petitioner filed Indirect Contempt against the newly Dismissed. Participation in election and acceptance of
elected BODs for conspiring with the private position of the newly elected BODs do not signify conspiracy.
respondents (ousted BODs) However, their appointments are invalid since all subsequent
acts of the ousted BODs are null and void.
EastWest Bank filed Interpleader as to who is the Since CDA Certification has been suspended, DANECO-NEA
authorized signatory between DANECO-CDA and remains in charge.
DANECO-NEA on the DANECO EW Bank Account.
Finally, NEA is hereby ordered and enjoined to conduct
DANECO Board Election with dispatch.

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