Legal Cases Update

Novermber 20, 2021

Cases:
1. Lydia Veras (Koopinoy)
o Case involving Php1,000,000 (on fake title)
o Possible settlement of the case (with judge consent)
o Violation of BP Blg. 22, now pending before MTCC-1, Batangas City.
o Hearing resume last July 12, 2021 - Witness from Registry of Deeds
(Tagaytay) testify and presented evidence such as tile, receipts, etc.
o Supposed hearing last September 8, 2021 was cancelled due to Judge
vaccination, no schedule for next hearing yet

2. Marlone Bautista (Bicol Operations)

o Case of Unremitted provisional receipt / acknowledgement receipt
o Hearing last June 15, 2021, Last witness/member testify and took the
witness stand
o As per Fiscal, all original evidence shall be presented before the court.
Decision/Judgment will be served upon submission of all documents
o Only one witness/member did not show up for health reasons.
o The presentation of evidence last August 17, 2021 did not push through
as the wife of Marlone Bautista did not show up.
o Presentation of evidence scheduled last October 5, 2021 pushed through
where Mr Bautista reiterated that collection of payment was not part of
his Job Description (JD)
o Next schedule of hearing will be on Decembe 1, 2021 – Presentation of
Evidence of the Defense

3. Arvie Aguila (Resort Case)

o Case for Robbery. 
o Per telephone call/verification at the Office of the City Prosecutor of
Batangas City, it was assigned to Prosecutor Lilibeth Aguila and already
for resolution.
o Case No: 61516 / MTTC Branch 2 / Presiding Judge: Judge Pamela T.
Chavez – Izon;
o Warrant of Arrest already issued by the Fiscal; endorsed already to Atty.
Jaero for serving of warrant
o Atty. Jaero to apply for another warrant of arrest (alias warrant of arrest)
– reissuance of warrant not accomplished its original purpose.
o Alias Warrant was issued against Arvie Aguila last June 29, 2021 for his
immediate apprehension.

4. Mark Joseph Abiog (Bicol Operations)

o Misappropriation case of the collection from the Hauler of SIDC members
o Step: Board of Directors(LFFC) on a recommendation letter thru Board
Secretary to notify the person/department/branch incharge to initiate the
filing of the case (Basis: minutes of the meeting) – Maria Chona A.
Castro designated as authorized representative and signatory of the
cooperative in filing of criminal and civil case
o Recommendation of Atty. Jaero in such a situation, the members
who were victimized would be the proper person to file their case
individually
o HR recommendation on the amount of accountabilities of Abiog
(accountabilities subject to reclassification for transfer of his
accountabilities to his books of account)

5. Agapito, Lorena (NLBO)

o Case: Unremitted sales of Feeds
o To verify to HR if she has other benefits/paybacks to compensate her
accountabilities
o Demand letters can be sent through her relatives address
o If no payment has been made, case can be filed to a small claims court
 o Step: Board of Directors(LFFC) on a recommendation letter thru Board
Secretary to notify the person/department/branch in- charge to initiate
the filing of the case (Basis: minutes of the meeting)

6. Rose Bermudez (Pila, Laguna)

o Non-payment of liabilities to existing members as hauler of pigs
o Step: Board of Directors(LFFC) on a recommendation letter thru Board
Secretary to notify the person/department/branch incharge to initiate the
sending of demand letter (Basis: minutes of the meeting)
o Demand Letter thru personal service (employee in charge) accompanied
by a barangay official. In case of refusal to accept/receive the demand
letter, the affidavit of the barangay official stating such refusal shall be
used as proof/evidence. (all cases that will go thru serving of demand
letter will do the same)
o Last meeting with her with Billing and Collection. A promissory Note was
signed by Ms Bermudez effecting her promise to pay. A promise to pay
of P5000 monthly.

7. Michael Ortiz (San Miguel, Bulacan)

o Case of Unremitted Sales of Feeds
o A compromise agreement was made to pay the indebtedness. Mr. Ortiz
agreed to pay P10,000 as initial payment and the balance in equal
instalment. No payment has been made.
o Case will now proceed in violation of the Compromise Agreement.
o No schedule of hearing is set
o A Promissory Note was drafted regarding his accountabilities; for
signature c/o Ma’am Janice of Finance.

8. Jonathan Sta. Cuz (Tanay, Rizal)

o Case of Unremitted collections, intentional usage of collections for
personal benefit and misappropriation of approved members’ loan
application
o Mr. Sta Cruz offered to sell their property located at Brgy. Macaria Tanay
Rizal. A 1.3hectares of land under CLOA to cover his liabilities.
o Step: Board of Directors(LFFC) on a recommendation letter thru Board
Secretary to notify the person/department/branch incharge to initiate the
sending of demand letter (Basis: minutes of the meeting)
o Demand Letter thru personal service (employee in charge) accompanied
by a barangay official. In case of refusal to accept/receive the demand
letter, the affidavit of the barangay official stating such refusal shall be
used as proof/evidence.
o Last meeting with Billing and Collection. A promissory Note was signed
by Mr Sta Cruz effecting his promise to pay. Mr Sta Cruz made payment
of P5,000.00
o Recommendation of Atty. JAero in such a situation, the members
who were victimized would be the proper person to file their case
individually)

9. Ms. Jean Arnimel H. Sequitin ( Bacolod)

o Case: Unremitted and Late Posting of Collection from Members’
Loans Transaction
o Case forwarded to Atty JAero Garcia
o As per Legal Opinion of Atty Jaero, SIDC is in better position to
assess the gravity of misconduct, in the exercise of management
prerogative subject to compliance with the pertinent provisions of
the Labor Code and the employee policy of the cooperative
o As filing of any complaint, SIDC has no cause of action against
Ms. Sequitin since it did not become the owner of the unremitted
loan payments. In this case, the injured or offended party who
have the personality to file any appropriate case against Ms.
Sequitin
 o Option is To settle the case of Ms Sequitin for her to pay the
whole accountability or reasonable amount to avoid filing the
case in court; did not settle
o Filing of Case in Bacolod with Legal Counsel Atty. Edzel Janeo

10. Ms. Charlotte G. Talja / Mr. Darie Uy/Ms. Jean Sequitin (Bacolod)
o Case: Unremitted and Late Posting of Collection from Members’
Loans Transaction
o Case endorsed to Atty. Jaero. As per Legal Opinion of Atty
Jaero, they need to return the involved amount “kaliwaan” /
accountabilities, simultaneous with execution of quitclaim of
SIDC without prejudice to enforcement of any sanction against
them pursuant to SIDC HR Policies.
o Filing of Case in Bacolod with Legal Counsel Atty. Edzel Janeo
o Submitted important evidence to Atty. Edzel Janeo for filing of
case; waiting for payment / counsel fee
o Waiting from clearance from DOLE to formally file the case.
Clearance from DOLE is a condition precedent to file a criminal
complaint of the former employees

11. Bicol Case / Cosay Case

o Atty Norman Barossa, case counsel for Cosay case. To
represent SIDC to file a case against Cosay Corporation
o Atty Jaero Garcia coordinated to Atty Norman Barossa regarding
the details of the case
o Submitted important documents/evidence to Atty. Barossa,
waiting for payment / counsel fee
o Initial payment forwarded to Atty Barossa. Formal court filing of
complaint next week.
o Endorsed to Bicol Operation for coordination with Atty Barossa.

12. Palawan Property (Sale with Mr. Alfredo Ramos)

o Atty Jaero done drafting the Deed of Conditional Sale

o As per Atty Jaero’s request (coordinated with Mr. Ramos), all
surviving heirs of Antonio Jimenez and Rosalina Jimenez must
be verified first.
o Eddie Jimenez might not be the only heirs of the owner of the
property as declared by Mr Ramos
o To avoid future conflict, all surviving heirs must be identified
clearly first.
o As per the Deed of sale of the property of Manzano property,
waiting for the documents from Palawan to be signed by SIDC.

Prepared by:

__________________
Howard O. Untalan
Legal Officer
``

Property Cases Update

November 20, 2021

Property Case/s:

1. Tumbaga, Rovira Property – Tinga Itaas, Batangas City (Green Farm)

o On-going transaction with RD for transfer of title
o RD asking for DAR Clearance; DAR clearance on process and other RD
requirement

2. Maria Bagui / Rodolfo Bagui – Lapog, Occidental Mindoro

o Fully paid the seller of the whole amount of P1,500,000.00
o Endorsed documents to Mindoro Operation for Transfer of Title to SIDC
o As per said Ted concern is the transfer of property if it can be transferred
to the Cooperative given its land area.
o Requested for additional copy of Deed of Sale for transfer

3. Marietta Panaligan / Pedro Panaligan – Balagtas Batangas

o Transfer is for BIR Processing.

4. Cesar Ramirez Jr. / Baby Carla R. Harina – Balagtas Batangas

o On-going transaction with RD for transfer of title
o RD asking for Vicinty Map signed by LRA/DENR
o Endorsed to Engr. Arce to process transaction with Geodetic; awaiting
signature from DENR / LRA
o Revised Survey Plan to submitted to RD

5. Nelia Ascan De Torres – Salaban I, Ibaan, Batangas

o For Registry of Deeds –
o DAR Clearance (RD Requirement) processing since agricultural land -

Prepared by:

__________________
Howard O. Untalan
Legal Officer