Courts intervene on FCT row

Courts intervene on FCT row

TORONTO–It seems the courts had to intervene in the FCT controversy, after all.

Certain members of the Filipino Centre-Toronto (FCT) headed by former FCT director Dr. Francisco Portugal filed and was granted by the Ontario Superior Court a restraining order against the holding of a general membership meeting on November 2.

The lawyers representing Portugal’s group and the FCT board – are scheduled to talk later this week to thresh out some issues raised by Portugal’s camp including opening up the membership to all Filipino-Canadians, making the registry of current members available to all FCT members, and setting the date for the annual general membership meeting and election of a new set of officers.

Portugal’s group dubbed, Save the Filipino Centre Movement, initially requested a general membership meeting citing the FCT board’s failure to hold one since 2000. FCT chairman Dr. Vicky Santiago subsequently granted the request, but later informed Portugal and several people from his camp that they were not FCT members and were therefore, excluded from the November 2 general membership meeting.

According to Portugal, he and other former FCT directors – including Chito Collantes and Edgar Adan, who were among the original FCT directors – were not given a notice of the general membership meeting and was earlier informed that they are no longer members of the FCT. Portugal, Collantes, and Adan were among the founding directors of the FCT.

Under the FCT Constitution, a $50 one-time fee qualifies one as a lifetime member of the organization. In lieu of the $50 lifetime membership fee, a member may choose, instead, to pay an annual fee of $5.
Acting on a recent court order, the FCT board announced the postponement of the general membership meeting in a written notice posted on the front door of the FCT building on Parliament Street.

Portugal’s camp wanted a restraining order issued to prevent the FCT board from holding an election that would possibly reinstate certain officials whom Portugal’s group wanted removed, as a result of the recent audit findings that found certain questionable cheque disbursements and reimbursements, specifically by FCT president Lynda Javier and her husband Felino.

Despite the postponement, Portugal’s camp held a rally in front of the FCT building last Nov. 2 demanding, among others, the resignation of Javier and the convening of an independent body to investigate the alleged financial scandal as a result of the recent audit findings.

“Kaya po tayo nandito ay para bigyan ng liwanag si Lynda Javier na ingatan ang Centre (The reason we are here is to enlighten Lynda Javier to care for the Centre),” said Collantes who spoke during the FCT rally, attended by some members, donors, and concerned Filipinos.

Speakers at the rally include Belle Tumbokon, Camilla Jones, Minda Longkines (former FCT volunteer and wife of FCT audit committee chair Julito Longkines) and Gene Lara of the Silayan Community Centre.
At the rally, Jones read the FCT constitution to the group, stressing the provisions that were allegedly violated by the current FCT board such as: failing to hold an annual general membership meeting for the past five years; failure to call an election in 2003, as provided for under the FCT constitution, by passing a resolution that effectively extended the tenure of incumbent officials by three years without the concurrence of the general membership; Javier’s failure to secure proper authorization from the board when she entered into a leasing contract with a real estate agent.

The movement is also calling for “clean elections and the right to choose our leaders” and opening up the membership to all Filipino-Canadians.

An affidavit sworn by Tumbokon and Minda Longkines, filed before the Ontario Superior Court, claimed that the FCT president implemented a policy that only “people who were friendly to the current board of directors should be recruited” as new members of the FCT.

“(Javier) told me that she only wanted members recruited who could be ‘controlled’ by existing members of the board,” said Longkines and Tumbokon in their sworn statements.

In a letter addressed to Camilla Jones, dated October 18, FCT vice president Wendy Arena denied allegations that the board has been “negligent in soliciting and renewing membership of the general community,” saying membership forms are always available at the FCT office to encourage people who walk in to sign up for membership.

She added that membership recruitment is constantly on-going, specifically during FCT events such as the Pistahan, President’s Ball, golf tournaments, Walkathon and Filipino Singing Idol contest.
“Unfortunately, it seems the Filipino community is not interested,” said Arena in her letter.

In a petition filed before the provincial court, Portugal, Jones and Edgar Adan asked for the following, among others:

• that no money be paid out of the accounts of the FCT, except payments that fall under the normal course of business and payable to parties other than any member of the board of directors or parties related to them

• order restraining the appointment of directors to fill vacancies on the board of the FCT

• order to require the FCT to provide immediate access to its books and records, including a register of current members

• require the FCT to publish in two Filipino community newspapers a notice inviting new members and informing current members of an annual general meeting to be held in February 2006

• require FCT to call an annual general membership meeting in February 2006 and elect a new set of board of directors

Portugal said the lawyers for both parties have agreed to sit down and try to settle the issues raised between themselves and prevent any further judicial intervention.

“Mas mabuting ma-settle without going through a full trial,” said Portugal.

Portugal also disclosed his group is planning to bring to the Ministry of Consumer and Business Services the issue of FCT’s refusal to make its books and records available to members.

Jones earlier made a formal request to FCT to have access to the Centre’s book and records, including the member registry. In response, Arena denied the request to provide the membership list, citing provisions of the Privacy Act.

“We cannot just divulge any name, telephone numbers and addresses of members without their written consent,” said Arena.

However, Portugal said FCT’s refusal to provide such record to a legitimate member constitutes a violation of the Corporations Act, which states that, “…documents and registers…during the normal business hours of the corporation, shall, at the place or places where they are kept, be open to inspection by the shareholders or members and creditors of the corporation or their agents or legal representatives, and any of them may make extracts therefrom.”

“We will ask the Ministry of Consumer (and Business Services) to investigate,” he said.