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….