New York State Supreme Court Justice Jane S. Solomon set a preliminary conference on Oct. 31 at 2 p.m. to determine whether the election of the Philippine Independence Day Council, Inc. held last week was conducted in accordance with the bylaws of the organization.

Justice Solomon scheduled the conference after allowing the PIDCI election on Oct. 1 to proceed on the condition that the results be held in abeyance until after the application papers of members of voters were checked and verified to be in order.

Ludivina de Asis Hughes, a candidate for 2006 PIDCI president, filed a complaint seeking a preliminary injunction and temporary restraining order to defer the election on the grounds of alleged irregularities in admitting new members.

“This event (election) can go ahead, and the ballots, which hopefully would be on paper, could be preserved and the result, a count done under supervision,” said Justice Solomon in her oral ruling on Sept. 30.

Under the terms of the provisions of her order, a copy of which has been obtained by the Filipino Reporter, all records and accounting for the charter members, the special members and regular members should be made available.

“The one thing I would hope,” she said in passing, “ is that there would be no need for the New York City’s Finest or any other non-member or wannabe member’s interference and that the rest of you have a good time, since part of this is to celebrate Philippine-American heritage, right, and civic participation.”

There was no untoward incident in the election which began way past the 3 p.m. schedule.

At the same time, she directed the defendant PIDCI to reply to the complaint.

Reuben S. Seguritan, the first PIDCI president who is serving as PIDCI general counsel, said a reply will be made before Oct. 19.

PIDCI was represented by Tristan C. Loanzon and Michael Templo. Appearing for the plaintiffs were Emad Iskaros and Benjamin B. Choi.

In her affidavit, Hughes alleged that Dr. Paz Miranda, president of the Philippine American Medical Society of New Jersey, denied applying for membership or paying through money order, and asked that her organization be removed from the roster.

Dr. Miranda restated her written denial in a video statement at her Mays Landing, N.J. residence on Sept. 30.

In the hearing, Loanzon told the court that the application was not accepted, “so that the application was never submitted at all and did not become [sic] on the roster.”

The court transcript on this point says:

“The court: I don’t think you appreciate that it’s not her application. Is there such a thing as Philippine American Medical Society of New Jersey.

“Loanzon: Yes.

“The court: And is it or is it not a member of PIDC?

“Loanzon: Your Honor, this application is a new membership application. This was not accepted.

“The court: The organization was not accepted as a member?

“Loanzon: Correct, your honor.

“The court: Why? Do you know?

“Loanzon: I think there was an issue whether she actually assented to the application being submitted.

“The court: Well, her assent is not the issue. The question is whether it was authorized by the association, period.”

On paying through money order in sequential number for new members as alleged in the complaint, Justice Solomon remarked, “One would expect an organization to have a bank account and cut its own checks to send along with an application, and not go by a money order.”

Justice Solomon also ordered that the present board and PIDCI president Nimia Lacebal remain until the election is certified.

The PIDCI was directed to secure all the ballots and election result deferred until “there is an opportunity for the plaintiffs to inspect and challenge membership applications and/or ballots.”