(Chicago, IL)
On Friday, August 19, 2022, following a five-day bench trial occurring in May, the Circuit Court of Cook County, Hon. Clare Quish, ruled in favor of the Plaintiff, “FACGC, by its chairman of the board of directors, Jerry Clarito, (Clarito Faction)” restoring it as the “true and legitimate” Board of Trustees for the Filipino American Council of Greater Chicago (FACGC). Specifically, Judge Quish ruled that the Defendants in Case No. 2017 CH 6725, the “FACGC, by its chairman of the board of directors, Alexander Gonzales (Gonzales Faction), and Elaine Lehman,” wrongfully assumed control over the Board in January 2017 after failing to adhere to the organization’s constitution and by-laws and that all actions taken by the Defendants over the last five years were invalid.
Judge Quish further ruled that Ms. Elaine C. Lehman invalidly self-appointed herself as claimed Executive Director, and had no authority ever residing in the Rizal Heritage Center, as she has for the past five years. Judge Quish’s ruling enjoined Ms. Lehman both from representing the organization in any fashion or accessing organizational funds and ordered her to vacate residence from the Rizal Heritage Center on or before September 12, 2022, as well as pay the organization $105,980 in damages.
Board of Directors Chairman, Jerry Clarito, stated: “We are very pleased with Judge Quish’s ruling, finding what we all knew all along – that Elaine Lehman never had any authority to act on behalf of the FACGC. With this ruling, the rightful board is very excited to continue on with the mission of this proud, distinguished, and now nearly 70-year-old organization — serving as a uniting force for the greater Chicago Filipino American community.”
The FACGC, by its chairman of the board of directors, Jerry Clarito, was represented by Alexander D. Marks of Burke, Warren, MacKay & Serritella, P.C.
A copy of Judge Quish’s ruling may be accessed at this link: Memorandum Order and Opinion
Eleanor Serrano says
Celebrating with you the ruling finally restoring the administration of this organization to the legally constituted Board. Justice is served! More power to FACGC.
Yoly Tubalinal says
Thank you, Eleanor. My fellow advocates and I are happy and optimistic about the future of FACGC and the Rizal Center. The huge task of community rebuilding is upon all of us.
Yoly Tubalinal says
Thank you, KS. We appreciate your good wishes.
Josie Disterhoft says
I can only marvel at your courage, and tenacity: the leaders and community who fought to restore justice.
No doubt you will brief us about what will need to be done.
Is FACGC (you) now a not for profit able to receive tax deductible individual contributions and foundation (?) support. Is there build community monies from the state?
Interestingly, the Philantrophy Club’s (Forefront, formerly Donor’s Forum) September 13th Forum
(9 – 10:30 a.m.) is on Trust-based Philantrophy and Community-Centric Fundraising.
Is the building in need of physical repair?
Keep us informed. Thanks
Yoly Tubalinal says
Thank you, Josie, for your continued support of and interest in our advocacy. It’s because of people like you that we came out victorious. Your faith in us gave us the courage and inspiration to persevere.
The Board under the leadership of Jerry C. will work hard to restore and improve order and democratic practice in FACGC. It has a tax-deductible (501 C3) status but right now, we are not sure if i’s still current.
We will definitely let you know of the Board’s next steps and plans. This Board promises transparency and you can count on it. MegaScene will continue to carry news and press releases about FACGC and Rizal Center.
I believe a victory party to celebrate the triumph of truth and justice with our community leaders and members is very likely to take place in Rizal Center as soon as it is fit to open its doors to the public.
Yoly Tubalinal says
Josie, you and friends/supporters like you, who helped us financially and stood by us in spirit and prayers kept us hopeful and inspired. To answer your questions: 1.) Yes, FACGC has had a 501c3 Tax Exempt status but with 5 years of Elaine’s control of the organization and the building, Jerry Clarito and his Board and the community, in general, had been kept in the dark. 2.) No, there isn’t any aid coming from the state for the center. 3.) Rizal Center is in dire need of repairs even then but I’m sure, more so now. Winning this fight marks only the beginning of a long and arduous task of rebuilding.
Edna Montemayor says
Thank you Jerry, Yoly and others for your courage, perseverance and the work you have done, in restoring the legitimate Board of Directors to the Rizal Center. Filipinos living in the Greater Chicago Area as well as those in the suburbs, need a Community Center, wherein we could gather and renew our connections with the Philippines:; celebrate Philippine Holidays, interact socially, with one another without having to deal with personal and partisan conflicts,…that create a lingering, antagonistic and unhealthy atmosphere at the Rizal Center.
The Court has handed down, the verdict. Let us ALL, move on!
Yoly Tubalinal says
Thank you for your comments, Edna. It was a long and hard-fought victory, and we thank you all, our families, friends and supporters, who supported us in this fight.
Indeed, it’s time to move on.
Levi Aliposa of Circa-Pintig & Malaya Chicago says
Thank you for making this renewed hope a reality to the greater Filipino American community in Chicago. This is a great story to tell to the next generation of how we can fight for justice and believe that unity works!
Yoly Tubalinal says
You’re welcome, Levi. And it’s true that this will serve as a lesson to us all, especially those who sat only on the sidelines and watched the fight that such injustice has no place in a vigilant community. The FACGC Board members, advocates and supporters who fought to win this case in court had invested time, money and hard work to see it through victory.
Juanita Burris says
Since Elaine Lehman and it seems also Ari Lehman (I assume her spouse) lived in Rizal Center on Irving Park Road, Chicago for five years – – they personally benefited from their
“Rent Free” stay.
Can they be held personally accountable for unpaid rent for five years?
Do the damages go to Rizal Center board so the facility can be improved and made more accessible to its member organizations with a wide ranging program of activities beneficial to the Filipino community of Chicago?
Yoly Tubalinal says
Elaine Lehman was ordered by the court to pay for her stay at the Rizal Center. As to when FACGC will see that money, better yet, if it could ever see that money remains to be seen. Board Chairman, Jerry Clarito is taking steps in compliance with the court order, foremost of which is the restoration of the Board members elected or appointed according to the 2017 Constitution and by-laws. Let’s give them some time to regroup and find their bearings.
Ptr. Bert C. Villaluz says
Truth really matters. Thanks Jerry, Yoly, and everyone who stood together for what is right and persevered until justice was served.
Right now, more than ever, let us forge ahead in giving ourselves to a selfless service from our hearts.
Together we can build back a better Rizal Center that will bless the greater Filipino community in the Chicagoland area.
With the help of our Lord & Savior Jesus, our dreams & desires will be fulfilled.
Blessings to everyone!!!!
Yoly Tubalinal says
Thank you for your comment, Pastor Bert. Praise be to God! And yes, we need everyone’s support and involvement in the community.