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SC junks AMWSLAI petition on membership base expansion

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The Supreme Court (SC) has denied the petition of thrift bank Air Materiel Wing Savings and Loan Association, Inc. (AMWSLAI) seeking to be allowed to expand its membership base to 24 agencies of the executive branch.

In a recent 2-page notice, the SC 2nd Division affirmed the Court of Appeals’ (CA) June 29, 2018 decision to nullify a December 18, 2015 injunction issued by the Pasay City Regional Trial Court (RTC) Branch 119 in favor of AMWSLAI.

The RTC had stopped the Monetary Board (MB) from implementing its Resolution No. 1021, dated June 26, 2015 order, which rejected AMWSLAI’s expansion plans.

The SC, however, agreed with the CA that the RTC lacked jurisdiction to review and stop the MB’s orders.

It said AMWSLAI should have filed an appeal before the CA under Rule 43 of the Rules of Court, and not a petition for certiorari before the RTC under Rule 65.

The SC ruled that “the CA has appellate jurisdiction over resolutions of public respondent which are issued in the exercise of its quasi-judicial functions.”

This meant the RTC erred in considering MB’s order to be an exercise of its executive and administrative functions.

“Accordingly, the RTC did not have jurisdiction to act on the above-mentioned certiorari petition, much more issue the ancillary writ of preliminary injunction against public respondent,” read the notice signed by Division Clerk of Court Maria Lourdes Perfecto.

AMWSLAI is a savings and loan association (SLA) which currently services officers of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), and the Philippine Coast Guard (PCG).

In 2014, it filed an application seeking to include the employees of 24 additional agencies and their relatives.

The MB, however, denied AMWSLAI’s application and ruled that the expansion would be contrary to the requirement that membership in SLAs be limited to a “well-defined group” under Revised NonStock Savings and Loan Association Act of 1997.

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