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.