WHO’S YOUR DADDY?

The SJABI Hustle

Part 3 (Last Part of the Series)

In Part 1 you were presented with the facts.  Part 2 described The Hustle.  So what now?

Quo Vadis? (“Romam eo iterum crucifigi.”)

SJABI is in corporate limbo.  It is similar to a rudderless aircraft hijacked by an unlicensed pilot.

“And the world is like an apple, whirling silently in space.  Like the circles that you find in the windmills of your mind.”

The song Windmills of Your Mind was the theme song of the original 1968 movie, The Thomas Crown Affair, featuring Paul Newman and Faye Dunaway.  The plot: wealthy banker masterminds daring bank robbery pulled off by four men.  Get my drift?

As the chairman of the committee on education, culture and science of the Sangguniang Bayan I have received several issues and concerns from some of the trustees of SJABI, parents and teachers pertaining to the management and administration of the school.  The Sanggunian realized that these issues and concerns, left unabated, could affect the long-term viability of the school and ultimately result in adverse consequences to students, parents and teachers.  These issues reveal a red flag that raises it to a matter of grave public interest.

The Sanggunian invited the Secretary of the Board of Trustees, Ms. Socorro T. Ponferrada, and the pseudo school administrator, Sr. Marylou Quijano, as resource persons.  Sadly, only the Secretary of the Board showed up on 10 April 2017.  After three successive invitations, Sr. Marylou deliberately ignored our invitation with no valid explanation.  On the third invite, she informed the Vice-Mayor (Presiding Officer of the Sanggunian) that she was directed not to appear before the Sanggunian without the go signal of the Archbishop.  Such a lame and arrogant excuse! 

Sr. Marylou Quijano was given the opportunity to explain her side but chose to ignore it.

So, who’s your daddy?

By unanimous vote of the members present the Sangguniang Bayan of Barugo, Leyte, passed two resolutions on 10 April 2017 based on the discussions with Ms. Socorro T. Ponferrada, Secretary of the Board of Trustees, and the non-appearance of Sr. Marylou Quijano. 

1.    RESOLUTION ENJOINING THE BOARD OF TRUSTEES OF ST. JOSEPH ACADEMY BARUGO, INC. (SJABI) TO PERFORM ITS RIGHTFUL AND LAWFUL MANDATE UNDER THE CORPORATION CODE OF THE PHILIPPINES, DEPED ORDER NO. 88 SERIES OF 2010 AND ITS CONSTITUTION AND BY-LAWS RELATIVE TO THE GOVERNANCE OF THE SJABI SCHOOL.

2.    RESOLUTION EXPRESSING DISPLEASURE AND DISAPPOINTMENT WITH SISTER MARYLOU QUIJANO, SCHOOL ADMINISTRATOR OF ST. JOSEPH ACADEMY OF BARUGO, INC. (SJABI), FOR HER DELIBERATE FAILURE TO APPEAR AS AN IMPORTANT RESOURCE PERSON BEFORE THE SANGGUNIANG BAYAN OF BARUGO, LEYTE.

It is clear that the Archbishop of Palo has pretentiously imposed his will on St. Joseph Academy Barugo, Inc.  He has abrogated the roles, powers and authority vested in the governing body of the corporation, the Board of Trustees.  He acts as if he alone is the governing body and the ultimate authority.  Under his instructions, he has effectively changed the role of the school administrator and, worse, made her accountable to no one but himself alone, or his representative, with respect to the operation of the school including stewardship and full control of its financial resources, and made her no longer subject to the authority of the Board of Trustees.  His actions have resulted in an inutile Board of Trustees.

But there are several courses of action for the Board of Trustees.  One of them is to revoke the Contract of Service which would effectively cut any connection of the FSAHC Sisters to the school.  Appoint a new and qualified school administrator that will properly manage the operation of the school with transparency, and observe accountability to the Board of Trustees.

Understandably however, the Archbishop of Palo, as patriarch and direct representative of the Roman Catholic Church entrusted with the care of the faithful in his diocese, has immense intimidating power over the members of the corporation. He has confusingly injected Canon Law into what is rightfully matters pertaining exclusively to the laws, rules and regulations of the State and its authorized agencies.

He has wittingly confused church hierarchy, legitimately his domain, and corporate school hierarchy which is not for him to dominate.

The SJABI Board of Trustees, for the last three or four years, has failed to assert its legitimate authority as the Governing Body of the school and has practically and effectively relinquished its rightful and lawful mandate, essentially allowing the Archbishop of Palo to impose his will on school governance unrestrained.

Admittedly, most of the members are intimidated and hesitant to undertake legitimate corrective actions that are likely to result in direct confrontation with the Archbishop.  In fact, this is the only reason why the current state of affairs with respect to the operation of the school exists, and will naturally continue to exist unless the members decisively act on it.

However, the members and the Board of Trustees cannot completely ignore one important and nagging point.

Continued inaction by the SJABI Board of Trustees in asserting and exercising its rightful and legal role as the governing body of the school exposes itself to potential legal ramifications. Furthermore, it could be interpreted as a breach of its fiduciary duty and tacit neglect of its moral and social responsibilities.

As a matter of grave public interest, this current state of affairs must be resolved by the Board of Trustees so as to ensure the long-term viability of the school and protect the welfare of pupils, students, parents, teachers and the general public.

WHO’S YOUR DADDY?

The SJABI Hustle

Part 2 of 3 in a Series

In Part 1 you were presented with the facts.  Part 2 is…

The Hustle

It is much easier to hustle someone with deceit than brute force.

“Deception is a cruel act…It often has many players on different stages that corrode the soul.”  -- Donna A. Favors

The New Parish Priest:  Early 2015, comes now Rev. Fr. Ronnie Sotico C. Mora, the new Parish Priest of the Parish of St. Joseph of Barugo, Leyte.  He is now the de facto President of the Board of Trustees of SJABI.  So what does a good President do?  First, to familiarize himself, he asked the School Administrator, Sr. Marylou Quijano, for a copy of the school’s financial statements.  Well, he didn’t get beyond first base.  The good Sister went running to the Archbishop.  Next thing the poor priest knew, he’s no longer the President of the Board of Trustees.

Whooah!!! What happened here?!!  Thrown under the bus!

The Parish Priest is unceremoniously, and unlawfully, sacked as President by the Archbishop.  What happened to the By-Laws?

Misplaced arrogance on the part of the Archbishop of Palo, claiming that he is the President of the Board of Trustees.  By what authority no one knows, except himself and his minions.

The Resolutions:  On 31 October 2015, in a special board meeting, the SJABI Board of Trustees passed two resolutions. 

1.     “A RESOLUTION AFFIRMING REV. FR. RONNIE SOTICO C. MORA AS THE LEGITIMATE PRESIDENT AND CHIEF EXECUTIVE OFFICER (CEO) OF SAINT JOSEPH ACADEMY BARUGO, INC. (SJABI), IN CONSONANCE WITH SECTION 1, ARTICLE IV OF THE SJABI BY-LAWS.”

2.    “A RESOLUTION REITIRATING THE ROLE OF SISTERS MARYLOU QUIJANO, ET.AL, IN THE ADMINISTRATION OF SAINT JOSEPH ACADEMY BARUGO, INC., AS CONTAINED IN THE CONTRACT OF SERVICE EXECUTED LAST JUNE 27, 2014 BY AND BETWEEN THE FRANCISCAN SISTERS ADORERS OF THE HOLY CROSS (FAHC), REPRESENTED BY SISTER MARYLOU QUIJANO, AND SAINT JOSEPH ACADEMY BARUGO, INC. (SJABI), REPRESENTED BY REV. FR. LORENO N. ROBLES.”

These resolutions were approved by the majority of the members of the SJABI Board of Trustees.  Both totally disregarded by the Archdiocese of Palo as you’ll find out below.

The Letter:  Rev. Fr. Ric Marpa, in a letter dated 2 February 2016 addressed to the Members of the St. Joseph Academy of Barugo, Inc. (SJABI), stated that “the Archbishop of Palo, Msgr. John F. Du has ordered me to write this letter in my capacity as his superintendent for the Catholic schools in the jurisdiction.” 

I have a copy of the letter and it is audaciously convoluted and irrational. It is patently devoid of any conformity with the Articles of Incorporation, By-Laws, the 2010 Revised Manual and the Contract of Service.  It speaks volumes of dictatorial undertones.

Below are some of the striking and extraordinary claims in this letter, and my comments:

1.    That on September 09, 2013, Archbishop John Du then issued a Letter of Appointment entrusting the school under the administration of the FSAHC. That the religious sisters are the ones appointed, by will and intent of the archbishop.

My comments:  Frankly, the Letter of Appointment is a piece of crap.  As far as SJABI is concerned, the Archbishop has no authority of appointment.  It is only the Board of Trustees that has such authority.  And he is not THE Board of Trustees.  He is not even an officer of the Board, though he erroneously claims to be its President.  Yes, he is a member of the Board of Trustees but, just like any other member or even if he were President, he is one voice or one vote.  SJABI is governed by the will of the majority of the Board of Trustees, not by will and intent and audacity of any one member alone.  True, the FASHC sisters are supposed to assist in the administration of the school but that is by virtue of the Contract of Service. Hence, Sr. Marylou Quijano is accountable to the Board of Trustees.

2.    That “when it comes to matters pertaining to the financial operations of the St. Joseph Academy of Barugo Incorporated, the same shall be put under the administrative charge of the religious sisters.  No finance officers, like cashier or treasurer, other than those appointed by the present school administrator will have any rightful designation.  All monies or financial benefits accruing for and from the regular operations of the school will be placed under the control of the school administrator.  In the same vein, no employees of and for the school will be hired or fired by any other authority other than the school administrator.  In all these, however, the school administrator is subject to periodical visitation and audit by the local ordinary (i.e., bishop) or his delegate.”

My comments:  In all of the absurd claims in this letter signed by the alter ego of the Lubhang Kagalanggalang na Arsobispo, this one takes the cake as the most egregious!  This is a blatant declaration of one-man rule.  It may work for the church hierarchy, but not for the school which has the SJABI Board of Trustees as the governing body. 

Let’s go back to the SJABI By-Laws where it provides in Article II, Section 1, that “The corporate powers of the association shall be exercised, its business conducted and its property controlled by the Board of Trustees.”  And Article IV, Section 4, states that “The Treasurer shall have charge of the funds, receipts and disbursements of the association.  He shall keep all moneys and other valuables of the association in such banks as the Board of Trustees may designate.”

Section 51 of the DepED 2010 Revised Manual is likewise very clear.  It says, “Every private school shall have a governing body which shall exercise general supervision, have exclusive control and direction of all funds, prescribe policies, make rules and regulations and establish practices consistent with law for the governance and direction of the school.”  Under Section 52 of the same Manual, one of the Rights of a School Administrator is “To implement the development program of the school based on the budgetary provisions approved by the governing board.”

So, where on earth did this declaration of one-man rule come from?  I really don’t know, but I’m sure not from heaven!

3.    That “it is the standing policy of Archbishop of Palo – to this date of writing, that in all diocese-owned parochial schools, it is the Roman Catholic Archbishop of Palo who is the designated president of the board of trustees.  The Parish Priest, who is just an appointee of the archbishop, may not properly assume an office which belongs to his superior…In the case of school boards, it would highly be improper when it happens that the parish priest chairs the board and the bishop, who is his appointing officer, is just one among the members.”

My comments:  Houston, we’ve got a problem.  This is the crux of the grand deception.  The big problem with this is that the school is NOT owned by the archdiocese.

I know of another school also named St. Joseph.  It’s called St. Joseph’s School – Pandacan, Manila (SJSP).  It is a parochial school established by Rufino Cardinal Santos in 1955.  It is owned by the Archdiocese of Manila.  But SJABI was established and is owned by St. Joseph Academy Barugo, Incorporated.  Something that can stand in and be affirmed by any court of law in the Republic of the Philippines.   

The archbishop has self-appointed himself as the President of the Board of Trustees.  But you know what, there is an easier and lawful way for him to become the President of the Board, if that is his pangarap sa buhay.  All that is required is for the Board of Trustees to amend the SJABI By-Laws by a majority vote of the 15 members.  But even if he were to become President, the Board of Trustees cannot be railroaded by his “will and intent.”

True, the Parish Priest, in his capacity as “spiritual father of all the faithful under his pastoral care,” is an appointee of the archbishop in his capacity as diocesan bishop.  The roles within the corporate powers of SJABI is a completely different matter.  And could be easily resolved.  Again, by amending the By-Laws, and not by diocesan fiat.

The School Administrator:  Sr. Marylou Quijano draws immense power, albeit unmerited, from the Archbishop. She answers only to the Archbishop of Palo and no one else.  .

She has been emboldened to flagrantly go beyond the functions and authority defined in the Contract of Service, and would probably be hard pressed to come up with the correct spelling of the word “By-Laws.”  

As outlined in Section 53 of the DepED 2010 Revised Manual, among the duties and accountabilities of the school administrator are:

1.    To respect the authority of the school’s governing board as well as the rights of the other members of the school community

2.    To implement the policies and decisions of the school’s governing board for the orderly, efficient, and effective management of the school

She has totally and defiantly ignored the authority of the SJABI Board of Trustees.

If she can do these to the real owner of the school, imagine what she can do to the students, parents, and teachers.

She is School Administrator plus plus, being also de facto treasurer, cashier, registrar, bookkeeper, accountant, and disbursing officer.

Is she qualified to be the school head?

Among the qualifications of the school head under Section 55 of the DepED 2010 Revised Manual are at least a master’s degree or a professional license requiring at least a bachelor’s degree; adequate teaching experience, managerial competence and technical expertise in school management, or have a background of demonstrated service and competence in his previous field of endeavor.

I don’t think so.

Is there transparency in school funds?  Are there proper consultations with parents/PTA on contributions?  Are teachers’ salaries and benefits in order?  Are gifts and donations properly accounted for?  In what bank and in whose account name are school funds deposited?  Answers should be easy.

When the members were still active in the management of the school, all funds including donations and school revenue were properly accounted for.  There was an audited financial statement for the year 2012.  There was also an audited financial statement for 2014 but is somewhat unreliable because of incomplete records for the year 2013.  Since then, there has not been any audited financial statement.

There is no real and meaningful consultation with parents as claimed by the PTA President.  Monetary contributions from students or parents and fund-raising proceeds are not transparent and not properly accounted for. 

Teachers’ salaries are deducted the amount of P1,000.00 each month for benefits contributions.  But it is not clear how much for what benefits.  Teachers are not provided PhilHealth and Pag-Ibig membership coverage.

Are her acts of commission or omission condoned by the Archbishop?

But the greatest debauchery of it all is her complete disregard of her accountability to the SJABI Board of Trustees.

Next: Part 3...  Quo Vadis? 

WHO’S YOUR DADDY?

The SJABI Hustle

Part 1 of 3 in a Series

Saint Joseph Academy of Barugo, Inc. (SJABI) is a private school offering nursery and K-12 basic education. This is SJABI the School.

Incontrovertible Facts

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts or evidence.” – John Adams 

Articles of Incorporation:  St. Joseph Academy Barugo, Inc. (SJABI the Corporation) was incorporated on 4 April 2011 as a non-stock, non-profit corporation. It was incorporated under the provisions of the Corporation Code of the Philippines and was duly registered with the Securities and Exchange Commission.

The primary purpose of the corporation, per its Articles of Incorporation, is “to establish and operate a school for pre-elementary and basic education…”

The Founders:  Fifteen (15) members constituted SJABI. They are the founders, trustees and owners of the Corporation. The members/trustees and the amount each contributed as capital share at the time of its incorporation are (in alphabetical order):

1.    Nestor R. Astilla – P10,000.00

2.    Inocentes A. Aruta – P10,000.00

3.    Conchita P. Avestruz – P10,000.00

4.    Felina A. Avestruz – P25,000.00

5.    Janet M. Avestruz – P20,000.00

6.    Lucela A. Benusa – P10,000.00

7.    Erlinda C. Buendia – P10,000.00

8.    Erlinda C. Calzita – P10,000.00

9.    Ester M. Eslira – P10,000.00

10. Aluino A. Maglinte – P10,000.00

11. Carl A. Magsoling – P10,000.00

12. Socorro T. Ponferrada – P10,000.00

13. Esperanza A. Quintana – P10,000.00

14. Rev. Fr. Loreno Robles (incumbent Parish Priest at that time) – P10,000.00       

15. Msgr. Jaime C. Villanueva (representing the Archbishop of Palo) – P10,000.00   

The By-Laws:  Like all lawful corporations, SJABI has its By-Laws, duly ratified by all its members, from which all acts of the corporation must be grounded. 

The Board of Trustees:  One the provisions of its By-Laws is the formation and vested powers of the Board of Trustees, composed of the above-mentioned 15 members.  The Board of Trustees is the governing body of the corporation.  Simply put, the Board of Trustees is the BOSS.  It gives life to SJABI, which is a juridical person or entity.  The Board of Trustees sees, hears, talks, acts for the Corporation.  Article II, Section 1, of its By-Laws provides that “The corporate powers of the association shall be exercised, its business conducted and its property controlled by the Board of Trustees.”

To date, there has been no action taken by the Board of Trustees that has changed its composition.  Except when a new Parish Priest assumes the incumbency, as is provided in the By-Laws.  It also provides that one of the trustees must be the Archbishop of Palo.

The Corporate Officers:  There is a set of corporate officers, namely: President, Vice-President, Secretary and Treasurer. Except for the President, the officers are elected by and among the members of the Board of Trustees.  The incumbent Parish Priest, according to its By-Laws, must be the President of the corporation.  At present the officers are Rev. Fr. Ronnie Sotico Mora as President; Conchita P. Avestruz, Vice-President; Socorro T. Ponferrada, Secretary; and Janet M. Avestruz, Treasurer. 

Article IV – Functions and Powers of Officers, Section 1, provides:  “The President, who must be a Parish Priest of the Parish of St. Joseph of Barugo, Leyte, shall be the Chief Executive Officer of the association.  He shall preside in all meetings of the members of the association and the board of trustees.  He shall execute all resolutions of the Board of Trustees.  He shall be charged with directing and overseeing the activities of the association.  He shall submit to the Board as soon as possible after the close of each fiscal year, and to the members of each annual meeting, a complete report of the activities and operations of the association for the fiscal year under his term.”

The Department of Education (DepED):  DepED is responsible for the K-12 basic education and exercises full and exclusive control over public schools. It also regulates private schools and enforces the established national curriculum.  DepED’s regulatory mandate on private schools in basic education is spelled out in DepED Order 88, Series of 2010, entitled as “2010 Revised Manual of Regulations for Private Schools in Basic Education.”  It was issued on 24 June 2010 “for the guidance and compliance of all concerned stakeholders in basic private education.”  For brevity it is referred to as the “2010 Revised Manual.”

The establishment of private schools requires the prior approval of DepED and must be pursuant to law and the 2010 Revised Manual.  A private school being proposed to be established must incorporate as either a non-stock or stock educational corporation in accordance with the provisions of the Corporation Code of the Philippines.  The Securities and Exchange Commission will neither accept nor approve the Articles of Incorporation and By-Laws of any educational institution except upon favorable recommendation of DepED.

DepED is the government agency that has the authority, accountability and responsibility for approving the establishment of private pre-school, elementary and high schools.

The School:  After its incorporation, St. Joseph Academy Barugo, Inc. established the school now known as Saint Joseph Academy of Barugo, Inc. or SJABI.  From the capital shares contributed by the 15 members and gifts or donations from here and abroad, it was able to build classrooms. It formally opened and started operation in the School Year 2011 - 2012.

In the later part of 2013, the Archbishop of Palo entrusted the administration of the school under the Franciscan Sisters Adorers of the Holy Cross.  Without any expressed authority from the Board of Trustees.

The Contract of Service:  On 27 June 2014 a “Contract of Service” was executed by and between St. Joseph Academy Barugo, Inc., represented by its President, the incumbent Parish Priest Rev. Fr. Loreno N. Robles, and the Franciscan Sisters Adorers of the Holy Cross (FSAHC), represented by Sister Marilou Quijano.

The Contract of Service provides the following responsibilities of each party, listed verbatim below:

FSAHC:

1.    Teach/handle SJABI elementary/secondary level of education of at least 45 pupils/students values education subjects and religion classes (catechism).

2.    Assist (in) the administration and supervision of the school specifically on the implementation of the school policies, rules and regulations.

3.    Perform such other functions required by the SJABI Board of Trustees provided however it is in community with their missionary work from Monday to Friday only.

SJABI:

1.    Supervise the teachers of SJABI elementary/secondary classes to ensure that classes are implemented according to the standard set.

2.    Provide the necessary support to the elementary/secondary teachers.

3.    Certificate of attendance and payments of teachers’ salaries

4.    Maintain active linkage with the Archbishop of Palo and other GO’s to draw in support to the elementary/secondary education.

The consideration?  “SJABI shall pay Fifteen Thousand Pesos (P15,000.00) per month.”

So these are the facts. 

So far, so good!  But wait for the hustle….