Legal Updats

Below are the latest updates on the cases filed against Nomad Sports Club and its Board of Directors by Edward Du and Multi-sphere Corporation.

Other cases are pending before the Court of Appeals and Supreme Court. These cases are related with each other and originated from the case filed in Manila .

 

Case : Involuntary Dissolution
Venue : Securities and Exchange Commission
Complainant : Edward Du
NSC Law Firm : CVC, The Firm

Some Good news. The SEC found no grounds for the Involuntary Dissolution of Nomad Sports Club.

Some bad news. The SEC imposed a fine of P440,000 for the admission of 22 new members in 2009 (despite these members not being charged a joining fee).

This fine is being appealed on several grounds including the fact that we were never accused of breaches of section 8, so had no opportunity to defend this charge.

 

Case : LAND CASE (Cancellation of TCTs)
Court : Paranaque Trial Court
Complainant : Multisphere
NSC Law Firm : Atty. Hermenigildo M. Ramos

This case involved the cancellation of Nomads' TCTs issued by Registry of Deeds of Paranaque based on the complaint filed by Multi-sphere owned by the family of Kishore Hemlani.

This is now with the Court of Appeals. Nomad Sports Club has a valid, notarized deed of sale; has paid the seller (Nersan Corporation) in full and has paid all the taxes.

 

Case : Violation of Sections 8 & 12 of RA 8799 of the Securities Regulations Code
Court : Paranaque Regional Trial Court
Complainant : Securities and Exchange Commission
NSC Law Firm : CVC, The Firm for Sinclair, Yates, Warne, Whitwell, Khan Atty. Hermenigildo Ramos for Thorp, Freeston & Cervero

This case is against the Nomads 2008 Board Members which stemmed from the complaint filed by Edward Du and Atty. Roland Beltran with the SEC.

Atty. Roland Beltran subsequently withdrew and Edward Du signed an affidavit of desistance but the SEC and Edward Du are continuing the case anyway.

The board members were arraigned in October. Pre-trial hearing is on Dec 11.

 

Case : Petition for Certiorari
Court : Supreme Court
Petitioner : Nomads Sports Club
NSC Law Firm : Atty. Hermenigildo M. Ramos

Very much a "Yes" or " No " situation.

This is a Petition for Certiorari asking the Supreme Court to reverse and set aside the decisions/resolutions of Court of Appeals affirming the decision of the Regional Trial Court.

The Supreme Court must decide: whether or not membership card issued by Nomads to its members in exchange for a joining fee a registerable security despite the fact it is non-transferrable?

 

Cases : Various cases to nullify acts of the 2009 Board
Court : Manila Regional Trial Court
Complainant : Edward Du
NSC Law Firm : ACCRA

A series of cases here, which are on hold until the Supreme Court decides on the va lidity of the Status Quo Order.

Our argument here is that the Status Quo Order issued by the judge was not valid because he had already denied a Temporary Restraining Order.

Subsequent related cases for Injunction and for Indirect Contempt are on hold until a decision is made by the Supreme Court.

 

Case : Libel
Court : Paranaque Prosecutor's Office
Complainant : Edward Du
NSC Law Firm : Uy & Associate Law Firm

Libel case filed against Nomads President, Jena Fetalino based on the Nomads letter of membership suspension to him.

The complaint is now submitted for resolution before the prosecutor's Office after Nomads President filed her counter-affidavit.

 

If you have more questions please e-mail nomads@nomadsportsclub.com