Mr. Dan C. Millendez

June 15, 1998 Mr. Dan C. Millendez 4th East Extension Rosario Heights 9200 Iligan City S i r : This refers to your letter dated June 2, 1998 requesting information on the queries posed therein relative to the effects of registration/non-registration of a religious group with the SEC. A religious denomination, sect or church, society or organization, which is not desirous of acquiring a juridical personality distinct and separate from its members, need not be registered with the Commission. The Corporation Code does not require any religious group to be registered as a corporation, but it may do so in order to acquire a " legal personality " for the administration of its temporalities or properties. It is only through incorporation/registration under the Corporation Code that it can acquire a juridical personality to enable it to exercise corporate powers, rights and privileges expressly granted under the law to registered corporations. However, even if not registered ,the members of a religious organization, " by agreement ",may perform acts not contrary to law, morals, good customs, public order or public policy. But since the status of an unregistered religious group is only that of an " ordinary organization " which has no legal personality, the members themselves, not the organization, may be sued and be held "personally" responsible and liable for their acts, and those who act or purport to act as the organization's representatives or agents do so at their own risks. Any religious group that desires to have a distinct and separate legal personality from that of its members should incorporate by complying with the registration requirements under the Corporation Code and SEC rules and regulations. A religious group may be registered either as a " corporation sole " under Sec. 110 of the Corporation Code; " corporation aggregate/religious society " under Section 116 of the same Code; or " ordinary religious non-stock corporation " under Sec. 88 of the same Code. Once registered with the SEC, the same shall become subject to regulation by the Commission. The SEC, however always adheres to a hands-off policy in the internal management and affairs thereof, unless there is a formal complaint filed by an aggrieved party against the organization, its officers, directors or members for violation of the Corporation Code, SEC Rules and Regulations, its Articles of Incorporation or corporate by-laws. Regarding your request for a list of registered religious corporations throughout the world, please be advised that the Commission can only furnish you a list of those registered with the Philippine SEC. In this connection, please be informed that we have referred your request to Mrs. Aida Gaetos, Chief of the Records Division of this Commission for appropriate action. You should be hearing from her soon. Very truly yours, (SGD.) PERFECTO R. YASAY Chairman