Mr. Manuel C. Divinagracia
SEC Opinion • Securities and Exchange Commission • Opinions • Mar 25, 1993
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March 25, 1993 Mr. Manuel C. Divinagracia Pleasant Village Homeowners Association Pleasant Village, Barangay Alabang Muntinlupa, Metro Manila S i r : This refers to your letter of March 17, 1993 requesting opinion on the following queries: 1. Whether or not a church and school can be integrated into one entity. 2. Whether or not a church can be admitted as member of a school. While under Section 76 of the Corporation Code, merger or consolidation of corporations is allowable, we believe that the integration of a church and school is not feasible considering that they have different purposes alien to each other. However, a church may operate an educational institution by way of ownership or membership in the latter, subject to the Rules and Regulations of the Department of Education, Culture and Sports. As regard to your second query, please be informed that membership in a non-stock corporation is acquired by complying with the particular manner or mode of acquiring membership therein as provided in its by-laws. (SEC Opinion, dated September 3, 1984, citing 12 Fletcher, 583-584) Our answer, therefore, to your second query depends on the provisions of the by-laws of the school. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman
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