The school’s Board of Trustees just happens to be locked in a leadership struggle which has seen an allegedly dictatorial chairman who wants his protégé to succeed him. There appears to be nothing wrong with that at first glance, except for a couple of "small" problems which have led protesting Trustees to take the dynamic duo to court.
It seems the person actually anointed as chairman, in an allegedly irregular election called by the outgoing chairman, is not even a member of the corporation and, under the corporation’s by-laws, may not participate in such elections, much less be voted in as chairman of the board of trustees.
That’s the crux of the controversy which, possibly by design, has been tied up in our already over-burdened court system by dueling temporary restraining orders, preliminary injunctions and conflicting trial court and appellate court decisions.
Wait a minute, if the Court of Appeals has resolved the matter, shouldn’t that put an end to the tussle, at least until the Supreme Court has finally ruled on the questions of law, assuming that the matter reaches the High Court and is given due course?
No such luck! The complainants want the regional trial court to order an election of an interim board which would hold office until the legal issues relating to the status of the non-member of the corporation who was elected as chairman, at the behest of the outgoing chair, is resolved. The RTC, however, doesn’t think the Court of Appeals ordered it to do any such thing, that the status quo means the retention of the alleged interloper, i.e. the non-member elected as chair, and that to remove the allegedly illegally elected chair might cause confusion if his eligibility is later upheld by the Courts.
The RTC intoned:"…Chiang Kai Shek College, Inc. is a social institution, albeit a private school of the Chinese-Filipinos, and it provides jobs for teachers and other personnel. Thus, there should be stability in its operations and management. But, numerous and frequent premature changes and uncertainties in the composition of the school’s board of trustees and officers could lead to chaos in the everyday administration of the school and will adversely affect the general welfare of the institution and the quality of the education given to the students."
Nice thoughts, but they can just as well apply to the suggestion that an interim board be elected, to hold office until the matter of the eligibility of the newly elected chairman is resolved. That would also avoid "confusion," or "uncertainties," or "chaos in the everyday administration of the school."
There is also the future to think of. If another "non-member" is proposed as trustee or corporate officer in the future, the same brouhaha can be expected to rear its ugly head again. That would really be confusing. Such a persistent and unresolved conundrum would inevitably cause uncertainty and chaos. It makes no sense to leave that issue hanging, and to leave the school administration at the mercy of the unscrupulously agile, not that either the chair in place or his sponsor is that.
At any rate, the courts will decide the issue. Our point is caution: There is another way to look at a status quo ante. It could render things moot and reward legalistic adventurism. In such a case, wags would say, crime would pay. We don’t want that, do we, especially in our schools. The students are watching their elders…and are learning!
Whatever, the withdrawal is being correctly portrayed as "difficult" because it came in the heels of a Pulse Asia survey which placed J.V. number 9 in the senatorial derby. That’s nothing to sneeze at, especially when you look at who’re out of the top 12, but are bravely, and not without some justification, saying that it’s much too early to make any conclusions as to the "trends," much less the probable results.
Last time he appeared on Viewpoints a couple of weeks ago, J.V. seemed bent on running. His actions since then seemed to one and all to be an indication of one who was going to run, hell or high water. Dad’s instruction that he withdraw from the race must have hit him like a ton of bricks.
The withdrawal makes possible the accommodation of Sonia Roco, Raul’s widow, which makes the race a lot more interesting. Theoretically, the sacrifice should have been made by one whose chances look precarious at best. But obviously, no aspirant is about to admit that. Thus, it fell upon one of the acknowledged leaders to make the decision. While one can quibble with whether it was entirely altruistic, the fact is Erap took the step, and for that the seemingly unraveling "United Opposition" owes him one.
One gentleman who seems elated with the withdrawal is Kit Tatad, although J.V.’s vacated slot was not offered to him. Not to worry, because he had already publicly stated he wasn’t interested in running for the Senate anyway.
One problem is that the two remaining Dynasty Kids, Alan and Koko, have begun to look a little awkward. But, as Erap tried to explain, the situation of the two is unlike that of J.V., a posture which leaves more questions than it answers.
But even in that dilemma, Erap can always plausibly say he does not make all the decisions in a coalition of political parties, each of which has its own interests to protect. That is both plausible, and also tosses the ball right back in the courts of Alan and Koko. Kit can not be blamed if he feels slightly vindicated by all these developments. As many have said, Kit too stumbled on the right issue at the right time, one that people as a whole, weary as they are with politics, can relate to.