DOJ Opinion No. 101, s. 1991

DOJ OPINION NO. 101 , s. 1991 June 25, 1991 Commissioner Zorobabel O. Zuiga Presidential Commission for the Urban Poor Malacaang, Manila M a d a m : This has reference to your query on whether or not the accreditation of an urban poor organization by the Presidential Commission for the Urban Poor ("PCUP") confers upon such organization a juridical personality. prcd We do not believe so. Under existing laws, an organized body of individuals acquires a legal personality by virtue of a direct conferment by law or upon its registration with an administrative agency, pursuant to a procedure prescribed by law. The first is typified by government corporations, the charters of which bestow a legal personality upon such corporations. The second is exemplified by private business organizations which obtain corporate personalities upon issuance in their favor of a certificate of registration by the Securities and Exchange Commission, pursuant to Section 19 of the Corporation Code (B.P. Blg. 68) which reads: "A private corporation formed or organized under this Code commences to have corporate existence and juridical personality and is deemed incorporated from the date the Securities and Exchange Commission issued a certificate of incorporation under its official seal; and thereupon the incorporators, stockholders/members and their successor shall constitute a body politic and corporate under the name stated in the articles of incorporation for the period time mentioned therein, unless said period is extended or the corporation is sooner dissolved in accordance with law." There are also other statutes which similarly provide, in explicit terms, that upon its registration with a governmental entity specified therein, an organized body of person acquires a legal personality. Thus, a cooperative begets a corporate personality after its registration with the Cooperative Development Authority (Art. 16, R.A. No. 6938), while a homeowners' association secures such character after registration with the Home Insurance and Guaranty Corporation (Sec. 2[a], E.O. No. 535). There is, however, nothing in the PCUP charter (E.O. 82) which defines a procedure for investing a legal personality upon urban poor organizations. While it is empowered "to accredit legitimate urban poor organizations for the purpose of representation in the formulation of recommendation to the President" (Sec. 2[c]), such accreditation merely means that the PCUP recognizes the accredited organization as possessing certain prescribed standards and therefore qualifying such organization to participate in the drawing up of recommendations to the President. Pertinent is the well-settled rule that an administrative agency has only such powers as are expressly granted to it by the statute which created it or such powers as are necessarily implied therefrom (Sy vs. Central Bank, 70 SCRA 570; Guerzon vs. Court of Appeals, 164 SCRA 182). prcd Thus, we believe that for an urban poor association to acquire a juridical personality, it must qualify itself for registration as a corporate body pursuant to the Corporation code and have itself registered with the Securities and Exchange Commission. Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary