Court settles election dispute of Pinoy group in Chicago

CHICAGO – The Circuit Court of Cook County in Chicago, Illinois returned five officers of the Filipino American Council of Greater Chicago (FACC) to their posts and barred incumbent officers from running for re-election in the 2010 quadrennial elections. The FACC is one of the oldest and biggest community organizations in the United States. Judge Mary Anne Mason of the chancery division issued this ruling as part of a package of a settlement agreement in the case filed by a group of disgruntled candidates led by Ting Joven, who protested the manner the FACC elections was conducted nearly three years ago. The election was dominated by the ruling Bagong Partido administration party. In an “Agreed Order to Dismiss," Judge Mason also dissolved last Feb. 27 the temporary restraining order issued on June 30, 2006 and the preliminary injunction issued on Feb. 16, 2007. Those returned to their positions were Ting Joven, vice chair of the Board of Trustees, Remy Pamintuan, Thelma Fuentes, Tom and Lita Madridejos, all members of the FACC Board of Trustees. They were represented by lawyer Kevin Nedved. The FACC officers may now “conduct all business," “including but not limited to the certification of the election results of 2006 and the swearing in of the elected officers from that election." The order also said that the “case is dismissed with prejudice and without costs to either party, with each party bearing its own costs and attorney fees." Among the issues raised in the complaint was the holding of the runoff election for the vice chairmanship of the Board of Trustees won by Ting Joven. Joven complained that former FACC President Al Bascos called a run-off election although she clearly won. She added she was not even notified about the holding of the run-off election. Joven also said “the filing of the case was never meant to benefit myself personally. It was all about principles and doing what is right for the community. When they held a runoff elections although I already won and they did not notify me about the run-off, where is the integrity there?" Joven added, “Anomalies from the 2006 election were proven in court and that was the reason it issued the temporary restraining order. An election was ordered, but we opted not to pursue, in spite of the strong support from the majority of the community." “If you look back at the previous elections in the past, you will know what I am talking about. The institution has lost its integrity, period. It has lost valuable people who were instrumental in their biggest fundraising events. I still remember when Rose Tibayan, a former strong supporter of the FACC asking me, "Ting, why are all the movers and shakers of our community not part of the Rizal Center?" “As the press and public relations director at that time, all I could tell her was "I know. In my heart, I knew she will get her answer in due time. She did. Life is too short not to live in peace. We are moving on - doing good deeds for this great country and making a difference in people's lives." For his part, Bascos said, "the settlement agreement between FACC and Joven et al did not benefit Joven et al. The principal party that brought the case, Alex Cirera, was not even mentioned in the agreement. So he did not derive any benefit except headache and a great expense. Joven, Pamintuan, Fuentes, Tom Madridejos are already members of the Board of Trustees and were never removed from their posts. “I cannot understand why they have to be included in the agreement since they have been trustees all these time. The only party benefited is Lita Madridejos. She was unofficial member of the Board of Trustees as her nomination as a trustee was never completed. As a compromise, FACC agreed to accept Lita Madridejos. Also, as a compromise FACC agreed not to counter sue Joven et. al. FACC really intended to counter sue to teach them lesson for filing frivolous action. But for the sake of peace, FACC President Rene Abella agreed to forego that intent." Among the issues raised before the FACC Board by a former FACC board member, Alex Cirera, who plunked down the required $500 non-refundable cashier check to file a complaint, were: 1. “Deleting, adding or modifying the qualifications of candidates, delegates and Class B members." He said the Board of election did not print the name of Dr. Mary Acierto as candidate for the chairperson of the Board of Trustees in the ballot until Dr. Acierto discovered it, herself, on election day (May 28). 2. Prohibiting “from removing or replacing any delegate or Class B members certified by the recording and corresponding secretaries." 3. Requiring all members “to be duly registered Filipino American not-for profit civic, professional, sports, educational, religious, and cultural organizations in the State of Illinois and Lake County, State of Indiana," instead of having a group with at least twenty-five (25) verifiable individual members. This requirement would have disqualified immediate past president Herminio “Ka Miniong" Poblete and elected president Rene Abella whose Samahan ng Bagong Partido and Bagong Partido were not registered at the Illinois Secretary of State’s for not-for profit groups. 4. Requiring candidates to have attended at least six Community Assembly meetings prior to filing an application to run in the election. 5. Requiring candidates to have “Class B" votes. 6. Refusing to post certified list of candidates and voters. 7. Transferring Class B votes to “candidates having no Class B" eligibility. With the provision in the settlement that officers will no longer be allowed to run in the 2010 election, it is very likely that FACC will not be able to find enough candidates to run in that election. This was the second time that election protest reached the Circuit Court of Cook County. In the first election protest, the case was resolved after almost four years. - GMANews.TV