Former Pampanga Representative Juan Miguel Arroyo and businessman Rodolfo Soriano Jr. filed a case with the Pasig City Regional Trial Court to invalidate the results of the April 5 election of the National Golf Association of the Philippines (NGAP) board of trustees due to alleged violations of the association's bylaws.
In their complaint filed on April 19, Arroyo and Soriano asked the court to also declare the annual general council meeting of NGAP on April 5 at the Alabang Country Club null and void.
The lawsuit names Martin Ignacio P. Lorenzo, NGAP president; Valeriano L. Floro II, secretary general; Avelino M. Sumagui, chairman of the nominating and election committee (NOMELEC); and Marcus Antonius T. Andaya, Norbert Chico, Jose Geralrd L. Asuncion, and Raymond Bunquin, members of NGAP NOMELEC.NGAP is a domestic non-stock corporation headquartered at the Philsports Complex on Meralco Ave., in Barangay Kapitolyo, Pasig City. It is composed of various golf clubs in the Philippines.
The complaint alleges that in December 2023, Arroyo and Soriano learned from friends in the golf community that NGAP planned to schedule its annual general council meeting and election of its board of trustees in early 2024.Upon hearing complaints of mismanagement and dissatisfaction with the NGAP leadership, Arroyo and Soriano decided to run for seats on the board. They reviewed NGAP's bylaws, focusing on the annual meeting and election procedures.
Believing change was necessary within NGAP due to these alleged anomalies, Arroyo and Soriano filed their candidacies and solicited proxies from other club members for the upcoming elections. However, the NGAP's nominating and election committee (NOMELEC) disqualified some proxies submitted because they failed to comply with the requirements imposed on the "official proxy form.
"The complaint alleges that Romulo and Floro invalidated most of the proxies submitted in Arroyo's favor. The 2024 elections then proceeded "despite the glaring irregularities the current NGAP board of trustees and NOMELEC members refused to address." Lorenzo and a majority, if not all, incumbent members were re-elected.
The complaint states, "Because their proxies were illegally excluded, Arroyo and Soriano were not elected.
"The complainants accused the incumbent NGAP leaders of violating the bylaws by changing the venue of the meeting, excluding proxies, and denying remote participation for members outside the area.
The NGAP bylaws require annual meetings to be held at the principal office "or, if not practicable," within the same city. The complaint argues that "The Alabang Country Club was an improper venue for holding NGAP's annual stockholders meeting and 2024 board of trustees elections.
"Arroyo and Soriano asked the court to declare all elective positions at NGAP vacant due to alleged violations of the association's bylaws. They also requested that Floro, the hold-over secretary general from 2023, issue a notice for an extraordinary general council meeting to elect a new board of trustees at NGAP's principal office in Pasig City.
They requested that the court order Floro to accept their proxies and allow them to vote.
The complaint alleges that the NGAP NOMELEC improperly disqualified 31 proxies, allowing only 34 members to vote. Members who requested participation via video conferencing due to distance limitations were also denied.
According to the complaint, this violates Section 52 of the Revised Corporation Code, which allows members to participate through remote communication methods.
The complainants also challenged NOMELEC's requirement for a specific proxy form, arguing that the exclusion of 31 proxies is unlawful because NOMELEC lacks the authority to enforce a specific proxy format.
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