Judge asked to let go of CFI-PAFI case

CEBU, Philippines - The Cebu CFI Community Cooperative wants Regional Trial Court Judge Alexander Acosta to stop hearing the case filed by the PAFI (The Sower of Seeds) Foundation against the cooperative.

PAFI filed the case against the cooperative over the turnover of three AM stations under El Nuevo Bantay Radyo to CFI.

CFI filed a formal motion for inhibition Tuesday after Acosta granted PAFI’s application for a writ of preliminary injunction.

CFI’s lawyer, Joan Largo, alleged the court issued an injunction based on the allegation that PAFI paid P700,000 to Sarraga Integrated and Management Corporation (SIAM).

“…the fundamental duty of the court when ruling on an application for writ of preliminary injunction is to look for two things: clear and unmistakable legal right and grave and irreparable injury. Its task is not to determine and dispose of the merits of the case in a mere application for writ of preliminary injunction. To rule that the P700,000 alleged remittance of PAFI to SIAM was a tacit renewal of the contract is already a determination of the merits of the main case,” the motion reads.

Largo said the “erroneous finding” of the court has “prejudged” the merits of the case by allegedly making reckless remark.

“…the trial court is in effect saying there was a contract that was renewed and that defendant SIAM may be compelled to sign the draft agreement,” the motion reads further.

Largo said the P700,000 which was allegedly made as a deposit for the renewal of the contract was openly debunked by the witness for SIAM, Gigi Roa, who alleged the remittance of P700,000 was in payment of a long delayed obligation.

“Her (Roa) judicial affidavit, marked as Exhibit 1 for SIAM very succinctly establishes that the remittance of P700,000 was but in payment of a long delayed obligation of PAFI to SIAM, an outstanding obligation acknowledged by PAFI in the judicial affidavit of Grecilda Sanchez-Zaballero,” the motion reads.

In her complaint, Board Member Grecilda Sanchez-Zaballero of PAFI said that before the contract of management entered into by PAFI and SIAM expired, PAFI initiated the talk with SIAM in December 2014 to renew the contract as legitimate manager and operator of radio stations DyDD or bantay Radio, DyHH, and DyZZ, which would expire on July 31, 2015.

On April 10, 2015, PAFI deposited P700,000 to SIAM’s account.

However, Zaballero said she was shocked when she returned from the United States when she received a letter from SIAM that it would not renew its contract with PAFI. Instead, SIAM would enter into a contract with Cebu CFI Community Cooperative Inc. because the latter has a higher offer compared to PAFI.

Zaballero then filed a civil case for specific performance and/or injunction against SIAM and CFI. — Mylen P. Manto/JMO (FREEMAN)