IMO Letter

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BARLIN IRRIGATORS ASSOCIATION INC.

SEC Registration No. CN200826138


Buluang, Baao, Camarines Sur
TIN: 005-779-318-000

04 July 2023

ENGR. LUIS C. BRAGAIS


Acting Manager
Irrigation Management Office
Sta. Lucia, Magarao, Cam. Sur

Sir;

Warmest regards,

This written communication is in connection with the group of Mr. Hermilo R.


Badiola, who claimed to be the newly elected Board of Trustees and Officers of BARLIN
IRRIGATORS ASSOCIATION INC., with registration certificate No. CN200826138, of
Buluang, Baao, Camarines Sur.

That, on February 26, 2022. They allegedly conducted a General Assembly


meeting of the Association in the absence of the awareness of incumbent set of officers
headed by Mr. ESTEPANY P. BREBONERIA and organized an election even if without a
quorum and other necessary procedure Alienated and required by the association’s
Constitution and By-laws such as proof of notice and Attendance of the Assembly.
“Article VII-a MEETINGS; Section 4. Quorum – a quorum for any meeting of the
members shall consist of the majority of the members in good standing and the
majority of such quorum may decide any question except those matters where the
Corporation Code requires the affirmative vote of great proportion.; In Section 5.
Order of business – the order of business at the annual meeting of the members
shall be as follows: a.) Proof of service of the required notice of the meeting; b.)
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Proof of the presence of quorum (I.e., Attendance); e.) report of the (incumbent)
president; g.) election of officers for the ensuing year.” Association’s By-laws,
attached as annex “A”

That, the said date February 26, 2022., was mentioned in their Resolution No. 5 s.
of 2022. Dated June 27, 2022. And unanimously approved on July 01, 2022. Quoted as
“RESOLUTION TO CHANGE THE SIGNATORIES of Barlin Irrigators Association, Inc., under
Savings Account No. 2701-067641 due to election of new officers held last February 26,
2022., at brgy. Buluang, Baao, Camarines Sur.” This resolution was submitted to Land
Bank, Pili, Branch. Copy of which attached as annex “B”

That, the same date February 26, 2022., was substantiated on their Resolution No.
12 s of 2022 dated August 28, 2022. And approved September 05, 2022. To quote
“Whereas, the General Membership Election was already conducted honestly, orderly,
and peacefully on February 26, 2022 at brgy. Buluang, Baao, Camarines Sur. Said
General Membership Election was facilitated by the appointed competent government
official from different LGU’s of Baao wherein the result of which are the elected officers
of the association who already registered at Securities and Exchange Commission,
Legaspi City. So, therefore it is official, legal, and executory.” Copy attached as annex “C”

That, on the General Information Sheet they submitted to Security and Exchange
Commission, by Mr. Hermilo R. Badiola’s group averred that the actual date of meeting
was April 26, 2022, likewise, on the certification issued by SEC it affirmed the same date
which is conflicting from what they admitted from their resolution that according to
them they were elected February 26, 2022. However, on the GIS and SEC Certification
which they recognized the April 26, 2022 as the annual membership meeting that
favored them to be the Board of Trustees and Officers. Though the SEC certification
clearly states that “this certification SHALL NOT be interpreted as recognition by the
commission of the legitimacy of the election and/or appointment of the foregoing
Trustee and Officers.” General Information Sheet (GIS) and SEC Certification, attached
herewith as annex “D” and “E” respectively.

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That, the communication address to Engr. LUIS C. BRAGAIS, acting Manager
CSIMO, Sta Lucia Magarao, of National Irrigation Administration (NIA). Dated January 10,
2022. pleading to be recognized, so that they can transact business with the NIA and
other government offices. Attached as annex “F.” and the letter to THE REGIONAL
DIRECTOR, Department of Agriculture (DA), at San Agustin, Pili, Camarines Sur.
Requesting to assist them in recovering all machineries and equipment of Barlin IA, Inc.
attached as annex “G”

On the contrary, the incumbent President of Barlin Irrigators Association, Inc. Mr.
Estepany P. Breboneria and Board of Trustees, and Officers initiated the General
Assembly on April 8, 2022. At Basketball court of zone – 2, San Isidro, Baao, Camarines
Sur, near the residence of Mrs. Savacion Bitao, incumbent Treasurer of Barlin IA. During
the assembly that started at 9:30 a.m. Participated by some local leaders, barangay
officials, LGU and representative from the Municipal mayor’s office.

On the same day April 08, 2022. Upon the convention of the Board of Trustees,
officers, and president decided to conduct the election of new set of administrators of
the association. these were all supplemented by the roles promulgated in the by-laws.
Proof of Notice, Attendance sheet, and Programs of General Assembly these documents
are attached as annex “H”, “I”, and “J” respectively.

On April 25, 2022. Induction ceremony of Elected President in the person of Mr.
Estepany P. Breboneria, Board of Trustees, and Officers officiated by Hon. Daisy Peyra
Trinidad as the chairperson of Agriculture Committee of the Sangguniang Bayan. This is
also supplemented by the Attendance sheet. Attached as annex “K”.

That on May 12, 2022. The Elected Association Secretary Ms. Alma B. Bascuña,
executed a notarized General Information Sheet (GIS) in order to establish the validity
and legitimacy of the Election of Board of Trustees and Officers of Barlin Irrigators
Association, Inc. attached as annex “L”

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With the above cited circumstances and the controversial claims of Mr. Hermilo R.
Badiola’s group as the new administrator of Barlin Irrigators Association, Inc. must not be
given merit by all concerned offices and government agencies. Thus, because without
the supplemental requisite required by the Association by-laws and the conflicting date
of Members General Assembly which tantamount to violation of the constitution and by-
laws of the Association if not a deception and fraudulent intent.

Wherefore, it is most respectfully adjured that the foregoing account be admitted


for which they were offered and required them to submit all necessary document
pertaining to their claims to prevent the controversy arising from their action.
Otherwise, we will be compelled to file legal action. And we pray for the immediate
action on the matter.

Prepared by: Approved by:

MS. ALMA BAUDIN BASCUÑA MR. ESTEPANY P. BREBONERIA


Secretary, Barlin IA, Inc. President, Barlin IA, Inc.

Noted by:

MR. REGINO P. BUITA MRS. SALVACION B. BITAO


Vice Pres. Barlin IA, Inc. Treasurer, BIA,

MR. ROGELIO B. SINFUEGO MR. ROMEO D. BELMONTE


Water Master, BIA, Inc. Auditor

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