SUPREME COURT DECISIONS

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Endnotes:


1 Rollo , pp. 55-67.

2 Id., at 74-75.

3 Id., at 67.

4 Id., at 44.

5 Id., at 178-181.

6 Id., at 167-176.

7 Id., at 182.

8 Id., at 183.

9 Id., at 42-52.

10 Id., at 54.

11 Id., at 12.

12 Section 1. Action by Government against individuals. - An action for the usurpation of office or franchise may be brought in the name of the Republic of the Philippines against:

(a) A person who usurps, intrudes into, or unlawfully holds or exercises a public office, or a franchise, or an office in a corporation created by authority of law;

(b) a public officer, who does or suffers an act which by the provisions of law, works a forfeiture of his office;

(c) An association of persons who act as a corporation within the Philippines without being legally incorporated or without lawful authority to act.

Sec. 2. Like actions against corporations. - A like action may be brought against a corporation:

(a) When it has offended against a provision of an Act for its creation or renewal;

(b) When it has forfeited its privileges and franchises by non-user;

(c) When it has committed or omitted an act which amounts to a surrender of its corporate rights, privileges, or franchises;

(d) When it has misused a right, privilege, or franchise conferred upon it by law, or when it has exercised a right, privilege, or franchise in contravention of law. xxx.

Sec. 6. When an individual may commence such an action. - A person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefor in his own name.

13 Sec. 21 states: Original jurisdiction in other cases. - Regional Trial Courts shall exercise original jurisdiction: (1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction which may be enforced in any part of their respective regions; and x x x.

14 Commart Phil. v. SEC, 198 SCRA 73 (1991).

15 Rollo, pp. 66-70.

16 Id., at 74-75.

17 149 SCRA 654, 669-671 (1987).

18 272 SCRA 454 (1997).

19 Aguedo F. Agbayani, Commentaries and Jurisprudence on the Commercial Laws of the Phils., Vol. III, 1990 ed., p. 637.

20 Jose C. Campos, Jr. and Maria Clara Lopez-Campos, The Corporation Code, Comments, Notes and Selected Cases, Volume II, 1990, pp. 388-389.

21 Jose Y. Feria, 1997 Rules of Civil Procedure, p. 253.

22 1. To join, coordinate, affiliate, or in whatever or in any manner cooperate with any religion, religious organization, sect or church as may be decided upon by the members;

2. To establish, erect, put up, build, or construct any structure, building, edifice, or any architectural or sculptural design in the pursuit or in the furtherance of any of the foregoing purposes;

3. To foster close and harmonious relationships, develop the art of leadership, & promote economic, social and civic consciousness among the members;

4. To take active & direct role in the formulation of local or national policies of the government;

5. To actively participate in community projects and motivate the people toward community development;

6. To conduct meetings, seminars, studies or researches in any field of interest which will promote, enhance or develop the attitude, habits, inclinations, or talents of every member or any individual;

7. To encourage self-discipline, industry, and concern for the common good and general welfare. (Rollo, p. 78.)




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