Trial to proceed in Bantay Radyo row

CEBU, Philippines - The Regional Trial Court has denied the motion of Sarraga Integrated and Management Corporation seeking for the dismissal of the civil case filed by the PAFI (The Sower of Seeds) Foundation to protect its management contract of the three radio stations under El Nuevo Bantay Radyo.

RTC Branch 9 Judge Alexander Acosta denied the motion on the ground of technicality. The court considered the motion as a mere scrap of paper because it has not complied with the Mandatory Continuing Legal Education requirement.

“...this court treats the same as a mere scrap of paper and orders it to be expunged from the record of this case pursuant to Bar Matter No. 1922 dated June 3, 2008,” the order read.

Bar Matter No. 1992 requires all lawyers to indicate in their pleadings filed before the courts or quasi-judicial bodies, the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption, as may be applicable.

Failure to disclose the required information would cause the dismissal of the case and the expunction of the pleadings from the records.

SIAM alleged the PAFI, represented by Provincial Board Member Grecilda Sanchez-Zaballero, has no cause of action against them.

“The contract between the parties clearly has been violated by the plaintiff, when PAFI failed to pay or remit in favor of the defendant SIAM, the agreed guaranteed income for a minimum and eight months,” the motion to dismiss read.

SIAM, through lawyer Michael FLorentino Dumlao III, claimed that it has not violated any of the provisions of the agreement which it had entered into with PAFI.

Zaballero earlier filed a case against SIAM and Cebu CFI Community Cooperative, Inc. CFI has obtained the new management contract with SIAM.

But, Zaballero questioned the contract entered into by SIAM and CFI claiming that she still has a valid contract the former.

She said that before the expiration of the contract of management between PAFI and SIAM in December 2014, they allegedly agreed to renew the contract. Zaballero said PAFI deposited P700,000 to the account of SIAM on April 10, 2015 as initial payment.

However, Zaballero said she was surprised to receive a letter from SIAM that it is no longer renewing their contract and will instead give the management of the radio stations to CFI.

CFI was supposed to take over the management on August 1 but was prevented by a temporary restraining order issued by the court.  (FREEMAN)