Mr. Angel Lazaro, Jr.
SEC Opinion • Securities and Exchange Commission • Opinions • Mar 16, 1981
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March 16, 1981 Mr. Angel Lazaro, Jr. United Architects of the Phil. EDSA cor. Panay Avenue Quezon City Sir : This refers to your letter dated 26 July 1980 requesting clarification on the definition of "immediate past President" based on your hypothetical case which we quote hereunder: "Juan is President of a civic club. He succeeded Pedro and therefore Pedro is unchallenged as the Immediate Past President. At the expiration of the first term of Juan as president, Juan was re-elected president for a second term". Question: Who should be the Immediate Past President during the second term of Juan? Is it Juan also or is it still Pedro?" The Corporation Code of the Philippines and the draft of its implementing rules and regulations do not define an "Immediate Past President." However, judging from the abovementioned case, it would be safe to conclude that the immediate past President is still Pedro. Considering that Juan's two terms of office constitute one continuous and uninterrupted tenure, the immediate past President "is the immediate predecessor of Juan, which is Pedro. Moreover, Juan can not be considered as a "Past President" already since he still holds the position of President by virtue of his reelection. The phrase "immediate past President" refers to the person who serves as President and is used to differentiate two persons who hold the position one after the other. LibLex It is hoped that you are enlightened on this matter. Very truly yours, (SGD.) ROSARIO N. LOPEZ Director Corporate and Legal Department
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