Legal Advisory
Notice is hereby given that pursuant to the Entry of the Judgement of the Court of Appeals dated March 19, 2022, in the case of Eduardo Pascual, Wally Chamsay, and Ronald Villaroya vs Manila Kendo Club, Inc. represented by its Vice President Joselito M. Isorena and Ricardo C. Cruz, in CA-G.R. SP No. 160787, no appeal to the Supreme Court having been taken by the adverse party, our Manila Kendo Club, Inc. currently practicing every Saturday at 5pm at the 4th Floor of the YMCA of Makati, located at No. 7 Sacred Heart Street, San Antonio Village, City of Makati, Metro Manila, Philippines, is the one and only legitimate kendo club bearing that name to the exclusion of all others.
Accordingly, any other club, entity, or organization purporting to be the Manila Kendo Club, is an illegitimate organization not authorized to affiliate itself with any local or international organization under or using Manila Kendo Club name, is not authorized to act for the Manila Kendo Club whether via Dan exams, endorsements, and the like, and is also not authorized to collect any membership dues under the Manila Kendo Club name.
The said legal case became final and executory on March 19, 2022, such that all acts of any other purported Manila Kendo Club after that date are void and without any force and effect.
For ready reference, the text of the said Entry of Judgment provides:
"'This is to certify that on September 23, 2021, a Decision rendered in the above-entitled case was filed in this Office, the dispositive part of which reads:
'WHEREFORE, premises considered, the appeal is DENIED for lack of merit. The April 2, 2019, decision of the Regional Trial Court of Quezon City, Branch 93 in Civil Case No. R-QZN-14-05351-CV is AFFIRMED.
SO ORDERED.'
And that of the same has, on March 19, 2022, become FINAL and EXECUTORY and is hereby recorded in the Book of Entries of Judgements."
In turn, the said judgement of the Regional Trial Court of Quezon City in the case of Manila Kendo Club, Inc. vs Eduardo Pascual, Katsunori Osuga, Wally Chamsay, Andre Marie Brillantes, Ronald Villaroya, Eduardo M. Navarro, and Matthew P. Arce, which is now final, non-appealable, and executory, reads:
"WHEREFORE, the instant action involving an Intra-Corporate Dispute under the Interim Rules of Procedure for Intra-Corporate Controversies under Republic Act (R.A.) No. 8799 with Prayer for the Issuance of Preliminary Injunction and/or Temporary Restraining Order is hereby partially granted. Accordingly, this Court declares that:
A. The 18 January 2014 annual members meeting was prematurely and invalidly called by the defendants. It therefore failed to produce any legal effects and did not effectively remove the incumbent officers and board of trustees of the plaintiff corporation, and
B. The 18 January 2014 election of officers and members of the Board of Trustees of Manila Kendo Club is likewise null and void.
In view of the foregoing, this Court renders judgement:
A. ORDERING the defendants, their agents, representatives and all persons acting for a conspiring on their behalf, to permanently enjoin from carrying into effect the resolutions and actions adopted during the 18 January 2014 meeting, and from performing acts of control and management of the club.
B. DECLARING the ordinary acts of administration carried out de facto by defendants, their agents, representatives and all persons acting for and conspiring on their behalf in good faith and in the interest of Manila Kendo Club, Inc. are valid.
C. ORDERING the defendants to pay the plaintiff corporation the sum of P50,000 as nominal damages, with legal interest of six percent (6%) per annum from the time this judgement becomes final and executory until this judgement is wholly satisfied; and
D. ORDERING the defendants to pay the costs of suit.
SO ORDERED.
Quezon City, Philippines, 2 April 2019."
For the full text of the Entry of Judgement, the subject Court of Appeals decision referred to as well as the Regional Trial Court decision which was affirmed, you may click on the following links
Please be guided accordingly.
Thank you.