d-3780 reply to the election complaint

8/14/2019 D-3780 REPLY to the Election Complaint

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REPLY to the Election Complaint of RC Pag-Asa, R.I. D-3780 2

other district resolutions presented therein. During the same plenary session,the same TOR was approved and adopted by the majority.

2.2.During the recent District Conference (DisCon) 2013, held in Camp JohnHay, Baguio City, the same complainant, RC Pag-asa, thru the same PP OcaKaraan, again participated and raised the same question against the TOR.After due discussion, the plenary voted to sustain the validity of the TOR, togovern the selection process for DGN. (The objection of RC Pag -asa wasoverruled). This was admitted by Complainant in Par.1a.4.b, Complaint.

2.3.RC Pag-Asa, herein complainant, after participating (without question) in theselection process, provided under the same TOR, can no longer assail itsvalidity or applicability just because their suggested candidate lost in thenomination process. Hence, complainant should be estopped from further

questioning or assailing the validity or applicability of the subject TOR,which they have accepted and complied with in the first place.

2.4.Minor inconsistencies grammatical, clerical or typographical errors in thetext or wordings of the same TOR, will NOT invalidate, nor renderinoperative the same TOR. Contrary to the allegation of complainant (Par.1.a.3.- blatant discrepancies, that would make it unintelligible andirrelevantxxx ) , such are minor discrepancies which do not destroy ordiminish the over-all meaning, applicability of the other provisions of thedocument. In other words, the whole TOR can still be logically andintelligently interpreted by any Rotarian by simple common sense.

2.5.Based on the foregoing, there should be no dispute as to the validity andapplicability of the District 3780 Terms of Reference (TOR), as thegoverning rules for the selection process for DGN in our District.

2.6.On this particular issue or allegation, the subject Complaint is misleading and based of false statement of facts, and / or erroneous reasoning.

3. Under Article IV, Sec. 2 6, of the same Terms of Reference (TOR), thefollowing Committees were established to undertake and conduct the process ofselection or election of the District Governor Nominee (DGN)

Section 2 TheNominating Committee shall seek out and select the best qualified Rotarianfor nomination as District Governor. It shall have a total of thirteen (13) members. It shall bechaired by the Immediate Past District Governor. If the Immediate Past District Governorcannot assume the post of Chairman of the Nominating Committee, the District Governorshall appoint another Past District Governor as the Chairman of the Nominating Committee.

Section 3 The Elections Procedures Committee shall provide guidance, support andsupervision to the Credentials Committee and the Balloting Committee. The Committee shall


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be comprising of the Chairpersons of the Credentials Committee and the BallotingCommittee. It shall be chaired by a Past District Governor.

Section 4 TheCredentials Committee shall supervise the selection of the members of theNominating Committee and shall examine the qualifications of the proposed members to theNominating Committee. It shall examine and establish if a Club Certificate has been timelysubmitted and is valid. It shall resolve all matters pertaining to the validity of a Club Decision.It shall consist of three members and shall be chaired by a Past President

Section 5 TheBalloting Committee shall supervise the conduct of all balloting exercises inthe event of a valid challenge to the choice of the Nominating Committee for DistrictGovernor Nominee. It shall resolve all issues regarding the validity of ballots or mattersregarding the procedures. The Balloting Committee shall comprise of three members andshall be chaired by a Past President.

Section 6 The District Legal Committee shall act as the Legal Counsel of the Committeeon Elections Procedures and the Committees on Credentials and Balloting. It shall be chairedby the District Legal Counsel.

4. The entire selection process, under the District 3780 TOR, was conducted byundersigned district officers, with utmost good faith, fairness and integrity. Alldistrict officers concerned, the members of the District Election ProceduresCommittee, and the Credentials Committee, acted in the highest degree ofdiligence and integrity, always faithful to Rotarys Guiding Principles and Code ofConduct. (Annex B, C, D,E, F, G, J, S, Reply)

3.1.The Members to the Election Procedures Committee, the CredentialsCommittee, the Balloting Committee, and the Legal Committee, were allappointed by the undersigned District Governor, last July 1 st, 2012, based ontheir proven record and reputation for probity, integrity and independence.Each of the members are experienced Rotary leaders, who are well respected

by our fellow Rotarians in District 3780. Their qualifications and excellentreputation leaves no room to doubt their motives in conducting this yearsselection process.

3.2.Each of the Members of the above listed Committees, particularly theCredentials Committee, were all trained and appraised for their duties andresponsibilities, even prior to the period of selection. Most of them have

already served in the same Committee in the previous Rotary years. In otherwords, they know their job well, and all the necessary experience tosafeguard the process even against all possible irregularities that can becommitted by unscrupulous parties.

3.3.The Members of the Elections Procedures Committee, CredentialsCommittee, Balloting Committee, and Legal Committee are :


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Elections Procedure CommitteeChairman : Past District Governor Nemesio Nemie Peralta , RC Diliman

Members: Lt. Gov. Angel Gahol, Chair Credentials CommitteeLt. Gov. Dwight Ramos, Chair Balloting CommitteePP Luis Louie M.C. Pangulayan, Chair Legal Committee

Credentials CommitteeChairman: Lt. Gov. Angel Gahol, RC Neopolitan Fairview

PDS Jesse Tanchangco, Vice Chair Credentials CommitteeRC Loyola Heights

AG Rebecca Becca Dela Cruz, Member Credentials Comm

RC Batasan Hills

Balloting CommitteeChairman: Lt. Gov. Dwight Ramos, RC Quezon City

PDS Jesse Tanchangco, Vice Chair Balloting CommRC Loyola

AG Cristina Cristy Dagdag, Member Balloting CommRC Quezon City Circle

AG Eliza Baby Allado , Member Balloting CommRC New Manila Heights

Legal CommitteeChairman: PP Luis Louie M.C. Pangulayan, Chair Legal Comm

RC San Francisco Del Monte

COS Arnold Arnold Guerrero, Vice Chair Legal CommRC SFDM

SDDS Eric Santos, Member Legal CommRCCommonwealth

AG Tom Guno, Member Legal CommRC Ayala Heights

3.4. Complaint stated NO specific act or actions committed by any one of theabove listed members/ district officers which constitute a clear, specificviolation of the Terms of Reference, or the R.I. By-Laws, or Code of


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lock and key, and readily available for the review of any party, especiallyRC Pag-Asa.

6.3. Again, on this particular issue/s or allegation/s (Par. 2B and sub-headings), the subject Complaint is misleading and based on falsestatements of fact, and/or malicious, baseless accusations, unsupported

by clear and convincing proof.

7. Mandate and Authority of the Credentials Committee under the District TORwas clear and unequivocal. Article VIII of the same TOR clearly and expresslyauthorized the Credentials Committee to resolve any and all matters pertaining tothe challenge to the choice of the Nominating Committee. Thus, contrary to theallegations in the complaint, the undersigned DG could not have possiblyinterfere d or influence d the process of evaluation by the Credentials

Committee, to wit:

ARTICLE VIIIVALIDITY OF CHALLENGE AND CONCURRENCE

Any and all matters regarding the challenge to the choice of the NominatingCommittee and the concurrence to a challenge shall be resolved by the CredentialsCommittee based on the provisions of the Manual of Procedure, the Constitution,the By-Laws and the Code of Policies of Rotary International, and the Terms ofReference of RI District 3780.

8. Pursuant to the above quoted Article of the TOR, the Credentials Committeeconducted its evaluation & validation of club resolutions, based Guidelines previously published and accepted by all the Clubs. The same Guidelines wereconsistent with the TOR, the R.I. By-Laws, Policies, and even R.I. pilot programs.A copy of the same Guidelines are herewith attached as Annex H, Reply.

8.1. The District Terms of Reference (TOR) authorized the CredentialsCommittee to resolve any and all matters regarding the challenge. Hence,it is empowered to provide guidelines in evaluation and/or validation ofconcurring club resolutions submitted.

8.2. The same guidelines previously issued by the Credentials Committeewere consistent with the RI By-laws, and even with current R.I. PilotPrograms in other districts in India. They were issued in the best interestof the district and for the common good.

8.3. No protest, objection or question was made or raised by complainantRC Pag-Asa, or any of the concurring clubs herein, on the same


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guidelines at the time it was released or published, until the last day setfor submission.

8.4. In fact, the undersigned DG even asked complainant club president, ina phone conversation, whether the latter had read and understood thesame guidelines of the Credentials Committee. Pres. Dizon answered inthe affirmative.

8.5. The Credentials Committee conducted their evaluation of the clubconcurrences independently, and arrived at their decision / report,without any participation on the part of the undersigned DG.

8.6. When the Credentials Committee, thereafter, applied the sameguidelines in their evaluation of club resolutions submitted, six (6) of the

twelve (12) clubs were deemed not to have complied, and thus, theirconcurring resolutions to the challenge was considered as not valid inaccordance with the guidelines, the TOR and the RI By-laws.

8.7. Again, after accepting the terms of the Guidelines, and submitting theirclub concurrences based on the same guidelines, the same complainantclub, and all the other seven (7) concurring with this complaint, wouldnow turn around and assail the very same process they agreed tofollow as if a serious violation was committed against them simply

because the outcome was not favorable to them.

8.8.

Such actions betray their immaturity and irrational behavior sounbecoming of Rotarians, to say the least.

8.9. When the outcome of the selection or evaluation process did not favorherein complainants, they resort to attacking the very process they agreedto participate in, question the motives of well meaning district officers,and even malign the character of the highest officer of RotaryInternational in District 3780.

9. Complainant RC Pag-Asa, and its candidate should be estopped from questioningthe validity of the rules and the officers who conducted the entire selection

process. After they freely and voluntarily participated in this process, accepted theTOR, they can no longer question, nor be allowed to question or raise any validissue against the very rules and process they have acquiesced to, in the very first

place just because the outcome did not favor them. In other words, if theircandidate was selected, they would not have raised any issue at all.

9.1. It appears that the only motive behind this election complaint is forcomplainant club, its candidate and a few of their supporters, to assign


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blame, vent their anger or frustration because of their defeat in this process.

10. The Credentials Committee did not violate the Rule on Club with Past DueFinancial Obligations to R.I. Manual of Procedure, Page 9. Contrary to Par.1.B, of the complaint, there was NO violation committed by the CredentialsCommittee when it issued the Guidelines On the Submission Of Concurrences byClubs dated April 23, 2013, which stated that only functioning clubs maysubmit their concurrences.

10.1. On April 23, 2013, the Credentials Committee issued a documententitled, Guidelines on the Submission of Concurrences by the Clubswith the approval and upon the authority of the District Governor, andthe TOR.

10.2. The same Guidelines were sent via email and acknowledged by allclubs concerned. A copy of the same guidelines is herewith attached asAnnex _, and also provided by complainant as their Annex 6.

`10.3. It was clearly stated by the same Guidelines that : Only functioning

Rotary Clubs, as defined by the RI Board (refer to page 23 MOP), may submit their concurrence with the challenging resolution filed by RC Pag-asa. A functioning club is one that is able to: a) pay its per capitadues to R.I. without outside assistance.xxx

10.4. The above quoted proviso is a reasonable requirement or qualificationfor a club to be qualified to submit a concurrence. The Credentials

Committee committed NO violation contrary to the TOR, the R.I. By-laws and Code of Policies.

10.5. In providing such a qualification, the Credentials Committee did not set a deadline for payment of SAR and subscription to the Philippine

Rotary Magazine on March 31, 2013 contrary to Par. 1.B, b.1- b.8, ofComplaint.

10.6. In so doing, the Credential Committee merely implemented thedefinition of a functioning club made by the R.I. Board. Accordin gly,the Committee will only accept or consider as valid, club resolutionsfrom those Rotary Clubs who comply with the definition of a functioningclub. Thus, a Club with unpaid, overdue financial obligations to R.I., asof the last day for submission of concurrences (May 2, 2013), can NOT

be deemed qualified (or a functioning club / in good standing) to submit aconcurring resolution to the challenge. The Committee has no recourse


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but to consider any resolution / certificate by that Club (with unpaid R.I.dues), as not valid.

10.7. It must be emphasized that the Credentials Committee never declaredany Rotary Club as terminated and/or even non -functioning becausethat power solely belongs to the R.I. Board.

10.8. The Committee merely stated that the Rotary Club was not qualifiedto submit a concurring resolution simply because, at that point in time,it has not complied, nor can it be described, as a functioning club asdefined under page 23 of the MOP. Because it has not yet fully paid itsfinancial obl igations to R.I., it is a club that is not able to pay its percapita dues to R.I. and district without outside assistance. Hence, it cannot be considered or described as a functioning club (as of that date)

for the purpose of submitting a club concurrence. Its club resolution /certificate can NOT be validated, accepted, or counted by theCommittee, for purposes of the challenge.

10.9. The Credentials Committee, thus acted correctly when it did not acceptor consider as valid, the club concurrences (submitted in form of clubcertificates) of the following Rotary Clubs which had unpaid, overduefinancial obligations to Rotary International as of March 31, 2013 (whichwas eventually relaxed to the R.I. records as of May 2, 2013, the last dayfor submission): RC New Manila West (unpaid USD1,358.53); RCMidtown Diliman (unpaid USD 571.00); RC Prima Vida Cubao (unpaid

USD 444.00).10.10. It is only fair and reasonable to expect that any Rotary Club, in any

district for that matter, which seeks to participate in any concurrence orchallenge, must have duly settled any or all its financial obligations toR.I. or district.

11. The same Guidelines (Annex H , Reply), above quoted, issued by the CredentialsCommittee, which require that Clubs be in good standing, or have no outstanding,overdue obligations, in order to submit a concurrence, is also consistent withcurrent Rotary International Pilot Programs, or practices in other R.I. Districts inIndia. R.I. Districts 3202, D-3180, D-3140, D-3450, all have very similarrequirements for clubs to submit or participate in concurrences to challenge.

11.1. This means that the requirements provided in the same Guidelines havesimilarity or precedents in other Rotary Districts. (please refer to AnnexQ , Reply)


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12. The undersigned DG, in effect, merely announced the Report of the CredentialsCommittee as to the validity or invalidity of the club concurrences. However,

prior to this, the undersigned DG also conducted a very detailed review with the

members of the Committee, asking them searching questions to ascertain theaccuracy and veracity of the factual and legal bases for their reported findings andconclusion.

12.1. After a very careful review of the same Credentials Committeefindings, the undersigned DG found no cogent reason to modify, or setaside their findings of fact and conclusion. It was consistent with theGuidelines, the TOR, the RI By-Laws and policies. Hence, the properannouncement was made to all the Clubs in the District.

13. Re: RC New Manila West Basis for Invalidation of Club Resolution. Under

Sec.2.1. of the Guidelines previously issued by the Credentials Committee, statedamong others, that: the Credentials Committee shall the right to verify from theestablishment concerned, or from the Assistant Governor, AGR, or from any clubor district officer concerned, as to whether a meeting was actually held, with aquorum present, on the date and venue stated in the Club certificatexxx

13.1. Pursuant to the same Sec.2.1., the members of the CredentialsCommittee actually inquired from the Assistant Governor assigned to RC

New Manila West, AG Ernie Paranis, as to whether a regular clubmeeting, with quorum was actually held or conducted by RC New ManilaWest. (Annex M, Reply)

13.2. The statement of AG Ernie Paranis was clear and unequivocal thatthere was only eight (8) out of 39 members present during the same

meeting. Hence, there was no quorum during the said date and venue.Based on this, it was established by the Committee that RC New ManilaWest had submitted a false club certificate contrary to the RI By-Laws.

13.3. Moreover, the simple fact that RC New Manila West had anoutstanding, overdue, unpaid obligation to RI, rendered it not qualifiedas a functioning club (under the Guidelines for Submission ofConcurrences), and thus, its club concurrence could not be deemed oraccepted as valid.

13.4. It must be emphasized that the undersigned DG never asked theAssistant Governors to spy on and monitor the meeting with theintention to intimidate. Such an accusation is false and simply betraysthe utter contempt and hostility of herein complainant toward its ownDistrict officers.


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14. Re: RC West Triangle Basis for Invalidation of Club Resolution. Pursuant to thesame Sec.2.1., above quoted the members of the Credentials Committee alsoinquired from the Assistant Governor assigned to RC West Triangle, AG

Fulgencio Fol Rana, who is also Lt.Gov. -designate for next RY.

14.1. Based on the statement submitted by AG Fol Rana, it appeared that theclub president of RC West Triangle did not even conduct a regularmeeting in accordance with the standard club constitution & by-laws.Thus, there was NO quorum and also NO regular meeting at all.(Annex N,Reply)

14.2. From the same statement of AG Fol Rana, it was rather clear that: a)RC West Triangle did not even meet at their usual venue or room at thethe Rotary Center. Instead, the club president (and 2 other members)

simply stayed at the cafeteria/ restaurant throughout the evening andoccupying only one table; b) The club president never formally calledthe meeting to order and presided over the business of the club; c)Throughout the same evening, there were only at most three (3)members out of 14 present, which did not constitute a quorum.

14.3. The statement of AG Fol Rana was further confirmed by the eye-witness account of another Assistant Governor, Adel Corpuz, whocorroborated the factual statements of AG Fol Rana. Thus, there was nodoubt in the mind of the members of the Credentials Committee thatthe club certificate submitted by RC West Triangle was a false

statement and an invalid concurrence contrary to Sec. 13.020.9.of theR.I. By-Laws. (Annex O,Reply)

14.4. It was duly established by substantial evidence that there was noregular meeting conducted by the club president, and much less, noquorum of members was present, to discuss and vote upon theresolution.

14.5. Under Sec. 2., of the Terms of Reference (TOR): xxxthe Club should have arrived at an agreement during a regular meeting of theClub. Agreements during informal meetings do not constitute a validexpression of a Rotary Club. A Club meeting is a regular meeting of ifit is done on the date, time and place as registered with Rotary

International. xxxA quorum should be present during the regularmeeting.

14.6. Again, we stress that the Assistant Governors concerned were merely performing their assigned task. The undersigned DG never asked theAssistant Governors to spy on and monitor the meeting with the


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intention to intimidate. Such an accusation is false and simply betraysthe utter contempt and hostility of herein complainant toward its ownDistrict officers.

15. Re: RC Prima Vida Cubao Basis for Invalidation of Club Resolution. Accordingthe Report / Minutes of the Meeting of the Credentials Committee, RC Prima Vidahad an outstanding, overdue obligation to RI in the amount of USD 444.00. And,on the face of their club certificate, there was an inconsistency in the reportedday of meeting per District record (Thursday), and the date of the meeting(Tuesday) appearing on the same club certificate. Finally, upon closer review ofthe club certificate submitted, it appears that the club secretary failed to submit the

proper identification document where the signature of the officer concerned isclear shown again in violation of Sec.1, Article III, of the TOR.

15.1 The overdue and unpaid obligation to R.I. on part of RC Prima Vida Cubaorendered it not qualified as a functioning club, and thus, its club concurrencecould not be deemed or accepted as valid.

15.2. It was established that the Club meeting day (Tuesday) stated in thecertificate was not the same as per Official record of the district (or R.I.) whichwas Thursday. This is contrary to Article 1, Sec. 2 of the TOR xxxtheClub should have arrived at an agreement during a regular meeting of the Club.

Agreements during informal meetings do not constitute a valid expression of a Rotary Club. A Club meeting is a regular meeting of if it is done on the date, timeand place as registered with Rotary International. xxxA quorum should be

present during the regular meeting. 15.3. An identification document (ID) with NO signature was submitted by theclub secretary, contrary to the TOR. (Annex P, Reply) Upon closerexamination, the club secretary, Fatima Socorro Sison, submitted a PhilippinePassport which do not bear a sample signature (as required by the TOR). In anobvious attempt to circumvent the same proviso, a handwritten signature wassuperimposed on the photocopy of the document which now rendered the sameimpossible to authenticate contrary to Sec. 1. Article III, of the TOR

16. Re: RC Midtown Diliman Basis for Invalidation of Club Resolution. Pursuant tothe same Sec. 2.1. of the Guidelines, the Credentials Committee had establishedfrom the official records that RC Midtown Diliman had NO subscription to thePhilippine Rotary Magazine (PRM), or the Rotarian, at that point, and also had anoverdue, unpaid obligation to RI in the amount of USD 571.00. This rendered itnot qualified as a functioning club, and thus, its club concurrence could not bedeemed or accepted as valid.


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17. Re: RC Philam & RC Global Kalinga Basis for Invalidation of ClubResolution/s. It was rather clear from the Guidelines that only clubs certificatesof functioning clubs which have been in existence for at least one (1) year at he

beginning of RY 2012-13, will be considered. This proviso is based on Sec.13.20.9, Concurrences to Challenge- xxxOnly challenges which have beenconcurred to by at least five (5) other clubs which have been in existence for atleast one (1) year as of the beginning of that yearxxx .

17.1. These two (2) clubs have been in existence for less than one (1) year atthe beginning of the current RY. Hence, they were either ill-advised, orfailed to read the above quoted Guidelines or R.I. By-Laws, since theyshould not have submitted any concurrence in the first place.

18. There was Simply Not Enough Concurrence to Support a Valid Challenge .

Considering the fact that only six (6) clubs were able to submit valid concurrences,which was below the required minimum number of ten (10) or 10% of the totalnumber of clubs (102), it now stands to reason that the challenge resolution of RCPag-Asa can not be considered valid. Hence, the selection process ended at this

point.

18.1. Again, Sec. 13.20.9. Concurrence to Challenge.xxx xxxOnlychallenges which have been concurred to by at least five (5) other clubswhich have been in existence for at least one (1) year as of the beginningof that year, or 10 percent of the total number of clubs as at thebeginning of that year in the district which have been in existence for at

least one year as of the beginning of that year, whichever is higher, andonly when such resolutions by the club were adopted at a regularmeeting in accordance with the club by-laws as determined by the

governor shall be considered valid.

19. Under the circumstances, in the clear absence of a valid challenge, it was the dutyand responsibility of the undersigned District Governor, under the R.I.By-Laws, todeclare the choice of the Nominating Committee, PP Reynaldo Rey David, asthe District Governor-Nominee for RY 2015-16.

19.1.This is based on Sec. 13.20.12 of the R.I. By- Laws which state: Where novalid challenging nomination is received, the governor shall declare thecandidate of the district nominating committee as governor-nominee. The

governor shall notify all clubs in the district within 15 days.

19.2. Based on the foregoing, the district governor has no other recourse, or option but to declare the candidate of the DNC as the DGN. There is no other proceeding, or any other course of action that is required of him. It is


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mandatory on the part of the District Governor to make that declaration based on the same Sec. 13.20.12.

19.3. Contrary to the allegation of the complaint under Par. 2, 2.A, due processwas observed through every step, and the declaration made was solely inaccordance with Sec.13.20.12.

20. The Report of the Credentials Committee was made readily available to anyRotarian or Club who requested for a copy. (Annex I, Reply) All the clubswhich submitted a concurring club certificate were all informed and provided acopy of the Report. There was never any intention or attempt to conceal or hide theReport of the Credentials Committee from anyone.

20.1. On the very same day that the Notice / announcement was made via

email, all enquiries were readily answered either via telephone, or email.An email notice was also issued to announce that copies of the CredentialCommittee Report were readily available, upon request, at the DistrictOffice. (Annex K, Reply)

20.2. The undersigned, upon reading an email message from RC GlobalKalinga president, Jack Wong, immediately called up the latter to explainwhy his clubs concurrence could not be consid ered valid. It was a veryamicable conversation.

20.3. Later, on May 9 th, the Credentials Committee issued an email notice

(Annex L, Reply) (also attached to complaint as Annex 7),explaining the entire process, and which also stated that the copy of theR eport was not emailed together with the announcement because thedetailed findings may place some of the concurring clubs in anembarrassing situation, which was also a concern expressed by ourcommittee .

20.4. The complainant and the other concurring clubs failed to appreciate thefact that it was our honest intention not to publicize, or broadcast viaemail, any matter, particularly the Report of the Credentials Committee,which may cause any club or Rotarian any embarrassment, humiliation,or to put anyone in a negative light. We simply thought it was prudentnot to broadcast the contents of the Report to safeguard the privacy andconfidentiality of the clubs and Rotarians concerned, and simply makethem available to any Rotarian at the District Office.

20.5. Ironically, this was grossly misinterpreted by the complaining clubsand even twisted the facts, making it an issue in this complaint, albeit a


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and confidence of our District 3780. Their shameful actuations andlanguage have no place in Rotary, and they can not be worthy of beingconsidered as Rotarians.

23. Herein complainant, RC Pag-Asa, and its officers should take a good at themselves before passing judgment and hurling accusations on others as if they are notguilty of any wrongdoing themselves.

23.1. Candidate Gloriosa Valarao, under whose behalf this complaint wasfiled, is a perennial candidate for the same position. This is her 5 th timeto run but has never won the vote of the Nominating Committee. Sadly,she, together with her club & other supporters, have blamed everyone fortheir repeated defeat except themselves. Her repeated attempts havecaused our district more harm than good causing deep seated divisions,

and intense partisanship. Her seeming obsession for the position hascaused her to even undertake unethical acts, in violation of R.I. By-Laws.

23.2. Previously, a report was submitted via email last 24 April 2013, by theundersigned DG Penny Policarpio, to Ms. Joy Walker, Manager, Club &District Support, South Pacific & Philippines Office, a copy of which isherewith attached as Annex R, R -1, R -2, R -3, Reply, attachingtherein documents which establish or prove the unethical conduct committed by Gloriosa Valarao and Salvador Viari contrary to the R.I.By-Law and Code of Policies.

23.3. A separate Report and Complaint against Ms. Valarao will besubmitted to the General Secretary, stating therein her serious

violations for proper action and in order to avoid any repetition of thiswrongdoings.

Summary and Conclusion 24. In sum, all the foregoing statements have adequately answered all the pertinent

issues, questions and allegations raised by the complaint, specifically

24.1. Was the TOR valid and applicable to the subject selection process?

-Yes, it is was duly approved and adopted as certified by DG JessCifra & DS Jesse Tanchangco. This is a fact was established and isundisputed.

24.2. Was the Elections Procedure Committee and/or Credentials Committeecorrect in applying and implementing the provisions of the TOR?


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- Yes, both Committees were correct in relying on the provisions of theTOR, a validly approved document and applicable to govern theconduct of the selection process.

24.3. Was there any specific act committed by the undersigned DistrictGovernor and and of the Members of the Elections ProceduresCommittee which may be considered as irregular, abusive andcontrary to the provisions of the TOR, or the published Guidelines onSubmission of Concurrence by Clubs?

- No, there was no specific action, or acts committed by any member ofthe same committees that may be considered as irregular ,abusive, or not complying with the provisions of the TOR, theGuidelines, or R.I. By-Laws. No specific acts were mentioned in the

complaint other than sweeping generalizations, vague accusationswhich are not even supported by clear & convincing evidence toestablish the truth thereof.

- There were NO deviations from the TOR, R.I. By-Laws and policiescommitted by the Committees involved.

24.4. Was there any factual or lawful bases in the findings reported by theCredentials Committee that the club concurrences (in the form of clubcertificates) submitted by six (6) of the twelve (12) were Not Valid?

- Yes, the Report of the Credentials Committee, stating its evaluation andfindings, were duly supported by factual evidence in the form of

eye-witness testimony, official records, and verified facts and allconsistent with the Guidelines, and the R.I. By-Laws.

24.5. Was the Credentials Committee correct in its evaluation or conclusion?

- Yes, the Credentials Committee was correct in its evaluation orconclusions as to the valid and invalid concurrences. No error wasestablished or proven by the complainant.

24.6. Was there any clear and convincing proof or reason to invalidate,reverse, or modify the findings / conclusion of the CredentialsCommittee?

-No, there is no clear and convincing proof or reason to invalidate,reverse, or modify the Report and Decision of the CredentialsCommittee.


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24.7. Was there any specific proof or evidence submitted to establish thatcandidate CP Gloriosa Valarao was a victim of black propaganda , or thatthere is a mafia or a group manipulating the district elections (as

contained in the last paragraph of the complaint)?

-Sad to say, there was none at all. This kind of malicious, baselessstatements / accusations simply reveal the contempt and deep seatedhostility of complainant and their candidate toward their own District3780, and its leaders actuations which are clearly uncalled for and sounbecoming of Rotarians.

24.8. Was there any specific act or actions committed by the undersigned DGthat co uld be interpreted as an abuse of authority, arrogant, and inviolation of the 4-Way Test?

- What has been stated in this Reply is the whole truth about this matter,and in fairness and with respect to all concerned. Through every step ofthe process of selection, the undersigned was guided only by the

provisions of the TOR, the R.I. By-laws, and the Code of Policies. Everyaction taken by the undersigned was always consistent with and inaccordance with the applicable provision of the TOR, the By-Laws andCode of Policies.

- Unfortunately, the entire complaint submitted by RC Pag-asa fails tostate any specific actions which can be interpreted as an abuse of

authority, or even arrogance, considering that we never even had any personal or face -to-face meetings or conference concerning this matter.

- In the end, all the acts of the undersigned DG were simply incompliance with what was required of his Office, under the TOR, the By-Laws and the Code of Policies all in good faith and to the best of hisabilities, under the circumstances prevailing at that time.

In view of the foregoing, it is most respectfully requested that the subject election complaintof RC Pag-Asa be immediately DISMISSED, for being baseless, its allegations unsupported

by any clear & convincing proof of any violations committed by the undersigned DG, or anyof the district officers concerned.

Clearly, this complaint is borne out a misunderstanding or misapprehension of the applicableRules the Terms of Reference, the R.I. By-laws and the Code of Policies. After having

participated in the process, herein complainant would now turn around and assail the verysame rules it had complied with, and accuse the officers concerned only because theoutcome was not favorable to them. Worse, it is motivated by ill-will and a deep seated


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hostility toward the officers of the district designed only to place the district and theundersigned District Governor in a negative light.

After a very successful year of significant achievements, our fellow Rotarians of District 3780would like to simply move on and prepare for the new Rotary year.

Yours in Rotary Service,

RUFINO L. POLICARPIO IIIDistrict Governor, RY 2012-13

With our Conformity:

PDG Nemesio Nem ie Peralta LG Angel Angel GaholChairman, Elections Procedure Committee Chairman, Credentials Committee

PDG Jesus Jessie Tanchangco AG Rebecca Becca dela Cruz Vice-Chairman, Credentials Committee Member, Credentials Committee

d-3780 reply to the election complaint

Documents