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Another Problem

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1 Another Problem on Thu Feb 17, 2011 8:43 am

tinxiedoodles


Arresto Menor
Me again. I just wanted to know if I can do something legally about this...

Around 2006, I was included in a Special Committee (without prior consultation with me). All the members of that committee received an honoraria of 3,000 pesos per meeting. This grant of honoraria was duly approved by our Board Members. When the Committee's purpose was served, it was dissolved, etc. Everybody's happy.

Fast forward 4 years and I have received a memorandum from our EVP. It was a notice of salary deduction. Apparently, the members of that Committee was granted excess honoraria. (Mistake of the Management and Board), and now the Board is rectifying its mistake and have decided to refund the excess honoraria on a staggered basis.

Is this legal? Considering it was management and board decision to grant us that amount, hence it was also their mistake?

I think it is justifiable though, but I just wanted to be sure we aren't being screwed. Thanks so much.

BTW this forum is a good idea. Bless you for giving us clueless people legal advice.

Much love

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2 Re: Another Problem on Thu Feb 17, 2011 11:34 am

tinxiedoodles


Arresto Menor
BTW, our Board is citing a law as basis for this alleged "excess honoraria" grant. Would you know what law they are referring to? Thank you so much.

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3 Re: Another Problem on Thu Feb 17, 2011 12:40 pm

tinxiedoodles


Arresto Menor
Also let me add that we have received those honoraria in good faith, under the honest belief that the Board Resolution that approved the granting of such authorized the payment of honoraria. Now they are making bawi.

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4 Re: Another Problem on Sat Feb 19, 2011 12:17 am

attyLLL


moderator
so is there a secretary's certificate from 2006 stating that the boar approved the allowance?

if so, i would argue that it was within the board's authority then to issue such a resolution, and it is not proper to withdraw it now.

i'm afraid you'll have to give me a clue what law they are referring to. it might be the corporation or civil code


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5 Re: Another Problem on Mon Feb 21, 2011 8:24 am

tinxiedoodles


Arresto Menor
yes, there was a board resolution issued. they were referring to an issuance by DBM, however the issuance only pertained to HONORARIA. our board resolution mentions the grant of PER DIEM.

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6 Re: Another Problem on Mon Feb 21, 2011 9:28 pm

attyLLL


moderator
i would argue that honoraria and per diem would is the same. you will have to file a complaint at the CSC to resolve this.


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7 Re: Another Problem Today at 2:07 pm

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