Mr. Eleuterio R. Yukoya

September 19, 1995 Mr. Eleuterio R. Yukoya of Southern Capital Colleges Oroquieta City 7207 S i r : This refers to your letter of August 28, 1995, requesting opinion on the following queries: LibLex 1. What is the status of a president of a school corporation who was elected by the members of the Board of Trustees even if he was not present during the election. 2. Can the President collect his monthly allowance even if he has not assumed his office. Relative to the first query, the Corporation Code does not require that the candidates for election must be physically present at the time of election. Accordingly, for as long as the president referred to in your query meets the basic qualification prescribed for the president under Section 25 of the Corporation Code, that he must be a member of the Board of Directors as well as the qualifications prescribed under the corporate by-laws, if there is any, his election may be considered as valid. Anent the second query, we find no reason why the president should be given an allowance if he did not actually render services to the corporation. Please be advised accordingly. (SGD.) FE ELOISA C. GLORIA Associate Commissioner