Father Sqopquz Holy Catholic Church, Inc. vs. Supreme Spiritual Minister

[SEC-AC NO. 303. January 7, 1991.] FATHER SQOPQUZ HOLY CATHOLIC CHURCH, INC. , petitioner-appellant , vs . SUPREME SPIRITUAL MINISTER OF FATHER SQOPQUZ HOLY CATHOLIC CHURCH, INC., ETC. , respondents-appellees . O R D E R Before the Commission en banc is an appeal filed by petitioner from the Prosecution and Enforcement Department Order of May 18, 1990 dismissing his petition for cancellation of respondent's registration certificate for lack of merit. Petitioner is a corporation sole duly registered with this Commission on December 15, 1976, and is represented by Rev. Eriberto M. Sapallo Sr., Secretary General and Treasurer of said corporation. Respondent is likewise a corporation sole duly registered with the Commission on October 17, 1988 and is represented by Rev. Eriberto Tabing, allegedly appointed as Supreme Spiritual Minister of Father SQOPQUZ (the name of the Holy Spirit in his second coming). Petitioner alleged that respondent Rev. Eriberto Tabing was an ardent and faithful worshipper of petitioner and was recommended to the Bureau of National Library to become a minister in his home place at Sabang, Dasmarias, Cavite; that sometime in 1986 respondent Rev. Tabing began to change, alter and modify petitioner's teachings, gospels and rituals without consent and authority for the latter in violation of the teachings, rituals, rules and canons of petitioner corporation; that as a consequence thereof he was dismissed as minister of petitioner and his authority to solemnize marriage and other ceremonies was likewise cancelled; that respondent Rev. Tabing with gross and evident bad faith and with full knowledge that petitioner has been registered, fully active and existing as a Corporation Sole with His Supreme Spiritual Elder still living and active, registered his articles of incorporation and plagiarized petitioner's name; and that the issuance of certificate of registration has worked injustice to petitioner and has been causing demoralization and confusion among petitioner's believers and worshippers. Respondent in his answer alleged that the religious organization "Supreme Spiritual Minister of Father SQOPQUZ Holy Catholic Church, Inc." was registered with this Commission and approved according to existing process of registration of corporate name. While it might be true that this authority as Solemnizing Officer was cancelled, however he was able to secure another after the religious organization was incorporated. The issue resolved by the Prosecution and Enforcement Department (PED) was whether or not there is a similarity or confusing similarity between petitioner's and respondent's corporate names to the point that the public will be confused by mistaking one for the other. PED's findings was that there was no confusing similarity between the two names, thereby dismissing the instant petition for lack of merit. Petitioner filed a motion for reconsideration of the dismissal which was denied because said motion is prohibited under Sec. 5 (c) of the Prosecution and Enforcement Department's Rules of Practice and Procedure. Thus, petitioner filed a manifestation with the Commission en banc to treat the motion for reconsideration as a Notice of Appeal and/or Memorandum on Appeal. Said manifestation was granted. Thus, this instant appeal. The following are the grounds relied upon by petitioner: 1. The corporate name Father SQOPQUZ Holy Catholic Church, Inc. was registered in favor of petitioner since 1976; thus, petitioner is entitled to the exclusive use and SEC protection against the use of deceptively identical or confusingly similar name by any party like respondent. 2. Respondent Rev. Tabing had long been divested as reverend or priest of petitioner, hence, under Sec. 111 of the Corporation Code, he is prohibited from registering himself as corporation sole of petitioner Father SQOPQUZ Holy Catholic Church, Inc. 3. Respondent Rev. Tabing however is not enjoined from registering as a corporation sole nor as Supreme Spiritual Minister, provided, he does not refer to or associate himself with herein petitioner. 4. The name which respondent insists on using is confusingly similar with that of the petitioner. 5. The duly registered Canon of petitioner expressly prohibits the unauthorized use of its corporate name without the permission of the Supreme Spiritual Elder. The Commission en banc finds that there is a confusing similarity between petitioner's and respondent's corporate names to the point that the public will be confused by mistaking one for the other. It has been the policy of this Commission to allow the use of a word or words already used as part of the firm name or style of a registered company, provided, the proposed name must contain two words different from the name of the company already registered. A comparison of the two corporate names would reveal that there is a three-word difference between petitioner's and respondent's corporate name. However, the addition of these three words to respondent's corporate name did not differentiate it from petitioner's name; rather, the addition of the three words connects respondent to the petitioner. The records of this case also show that respondent Rev. Tabing is no longer connected with petitioner as he has long been divested as reverend or priest of the latter and the latter's Canons does not have such title of "Supreme Spiritual Minister". The continued use of the corporate name "Supreme Spiritual Minister of Father Scopquz Holy Catholic Church, Inc." by Rev. Tabing would surely cause confusion to the worshippers and believers of both religious organizations. To remedy a situation like this, incorporators or partners are required to submit a written undertaking to change their corporate or partnership name in case there is another person, firm or entity with a prior right to the use of the said name or one similar to it. The Commission likewise reserves the right to require a corporation or partnership to change its name, in case there will later on appear a person or company with a prior right to the use of the said name or identical name. We agree with petitioner that the corporate name Father SQOPQUZ Holy Catholic Church, Inc. was registered in favor of petitioner since 1976, therefore, petitioner is entitled to SEC protection against the use of deceptively identical or confusingly similar name by any party like respondent. prcd WHEREFORE, premises considered, the Commission en banc finds the corporate names of petitioner and respondent to be confusingly similar so as to confuse the public by mistaking one for the other. However, confusing similarity in names is not a ground for cancellation of registration certificate under the Corporation Code and P.D. 902-A. Therefore, respondent is hereby ordered to change its corporate name within thirty (30) days from receipt of this Order. SO ORDERED. (SGD.) ROSARIO N. LOPEZ Chairman (SGD.) GONZALO T. SANTOS, JR. (SGD.) RODOLFO L. SAMARISTA Associate Commissioner Associate Commissioner (SGD.) ARMANDO Z. GONZALEZ (SGD.) MERLE O. MANUEL Associate Commissioner Associate Commissioner