By Dr Ed Escultura
Freelance Journalist and Past Science Editor and Columnist, The Manila Times
When eight of the 14-member Board of Directors (one resigned previously) of the Alliance of Philippine Community Organizations, Inc. (APCO) broke away from the Board and formed the Salazar-Paras Group there was much exuberance, bullishness and bliss of innocence on its part. They had reason to be: in a democracy, majority rules. They held a series of meetings to consolidate their new-found weapon – an eight-member quorum that can make decisions for the Board.
On the other side of the divide are the remaining six Board members. At first, they looked pathetic. One member of the Board even told the duly elected APCO President, Violeta Escultura, to resign as the situation looked hopeless. The President sought the advice of friends with expertise and experience. Initially, the advice was not encouraging.
An APCO optimist, however, looked at the APCO Constitution and Office of Fair Trading Model Constitution to find an armour against their weapon but there was none. Undaunted, he looked at the 172-page Associations Incorporation Act of 2009, No. 7 (NSW) and found one – a provision that says: “when the committee (Board of Directors in the case of APCO) is divided, the part that adheres to the constitution is the legitimate one.” A glimmer of hope, indeed! At the same time, some encouraging advice began to come in.
In their exuberance the Salazar-Paras Group became careless and pulled enough rope to hang themselves, so to speak. They held a series of meetings without the knowledge, permission or approval of the duly elected APCO President, a serious breach of the APCO Constitution. In effect, they pulled themselves out of the APCO Constitution and the law rendering them with neither weapon nor shield because they lost the protection of the APCO Constitution and the state law of NSW. In other words, all activities by this group after the meeting at Marconi Club on 14 April 2018 chaired by Senior Vice President are null and void being unconstitutional. At exactly the same time on 14 April 2018, an APCO Board meeting called more than 14 days earlier was taking place in the Property Investors Alliance (PIA) conference room chaired by the President.
Sensing something was wrong, one perceptive member of the Group returned to the APCO Board bringing the balance of forces down to an even 7:7. The weapon has melted outside the APCO Constitution and the armour inside the Associations Incorporation Act of 2009 became a formidable weapon.
The height of folly came when Jhun Salazar called a press conference on Tuesday, 4 September 2018, 5:30 pm, at the Parish Centre, Cor. Elizabeth and George Streets, Liverpool. At this press conference, a ‘new set of officers’ supposedly ‘elected’ on August 26, 2018, by the Group and its supporters was presented. Some members of the APCO Board were included in the list without their knowledge and permission. What was curious about the press conference was the conspicuous absence of the best and the finest in journalism who are inquisitive yet impartial and deal solely with facts and truth.
On the flip side of the journalistic divide stood alone a community newspaper that came to the press conference and became not only part of the action but also an enthusiastic propagator of untruth. Its Editor emailed the APCO President, “… to issue a short explanation as to why you and/or your supporters did not attend the press conference last Tue., 4th September (sic) 2018 as called by APCO Public Officer Jhun Salazar.” Does the APCO President really have an obligation to this Editor?
At this point the APCO President convened a special emergency meeting of the APCO Board on 12 September 2018 to approve and sign (with the exception of the Grievance Advocate, Charles Chan) the revocation of membership of Cora Paras, Jhun Salazar, Linda Price and Pet Storey and suspension for six months of the membership of Rita Agostino, Fe Hayward, Linda Trinidad, Richard Ford and Mick Miguel.
The notices of revocation and suspension cited all of them for assisting Cora Paras in usurping the position of the duly elected APCO President, Violeta Escultura.
The expulsion of Cora Paras is due to “… unbecoming behaviour by usurping the power and position of the President” in violation Article 10.1.1.5 of the APCO Constitution and other breaches, namely, violation of Article 8, Article 10.1.2.1, Article 10.1.2.3 and Article 17. Since the ‘election’ of August 26 occurred outside the APCO Constitution, it has no basis so that, in effect, Cora Paras appointed herself APCO President.
Jhun Salazar breached his role as an adviser by actively participating and making decisions in the APCO Board of Directors, decisions which are the right of the President and members of the Board, and unethical behaviour of being biased which is against his role as adviser. He breached Article 6.2, Articles 10.1 through 10.1.1.5 and Articles 10.5, 10.5.1, 10.5.2, 10.5.3.3, 17.6.2 and 17.6.3.
The membership of Linda Price has been revoked “for usurping the power of the President by calling for special Board meetings in violation of Article 14.3.2 citing “by the power vested in me by the APCO Constitution” that does not exist. She violated Articles 10.1.2.3, 10.1.2.3 and 17 of the APCO Constitution and created, without basis, a body she calls the APCO Secretariat.
The highlight of Pet Storey’s revocation letter
- You failed to perform your role as an Adviser, a position that expects neutrality, by siding with the Salazar-Paras faction causing to solidify the division in the membership through purposive campaigns against the duly elected President, Violeta Escultura, openly defying her decisions and organizing activities with your own supporters to the exclusion of the President and other members of the Board in violation of Articles 8 and 10 of the APCO Constitution. You failed to advise the Salazar-Paras Group that what they have been doing is illegitimate.
- Your membership has been revoked for unbecoming conduct in assisting further Cora Paras to usurp the President’s position and by actively promoting and assisting meetings causing to issue a removal letter to the President and holding an election on 26 August 2018.
- You failed to make a terminal report on the Banduria Training Project, especially, on the activities related to the project and disbursements of funds complete with official receipts. Your failure to deliver this report has tarnished the image of APCO and prejudiced its ability to seek funding for future projects.
The case of the resolution for the removal of the President has been resolved in the President’s favour by the Grievance Advocate, the Salazar-Paras Group having failed to respond to the rebuttal of the resolution within 14 days required by the APCO Constitution. That period expired 13 September 2018.
The lawful resolution of this division within an organization is a departure from the tradition of political manoeuvring and trickery that only proliferate divisions. It was a very positive experience for those who participated in the resolution of the case, a learning process as well. It also revealed the weakness of the APCO Constitution that needs fixing through an amendment. Fortunately, the NSW Associations Incorporation Act of 2009 saved the day for APCO. It would have been a stalemate without it although in the long haul APCO will prevail because only one of the 40 affiliates of APCO is with the Salazar-Paras group.
Disclosure and disclaimer
Dr Ed Escultura is a freelance journalist and Past Science Editor and Columnist of The Manila Times. He is the husband of APCO President, Violeta Escultura. The opinion expressed herein is solely that of the writer and not of the publisher and management of Philtimes.com.au. In the interest of transparency and fairness, any opposing opinion is welcome and will be afforded a space on this site.
