Mr. Pacual C. Dimagiba
SEC Opinion • Securities and Exchange Commission • Opinions • Dec 17, 1982
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December 17, 1982 Mr. Pacual C. Dimagiba Executive Director ARBA Nueva Ecija Chapter Ministry of Agrarian Reform District Office Mabini Ext.,Cabanatuan City Sir : This has reference to your letter dated November 15, 1982 asking whether the Nueva Ecija Chapter of the Agrarian Reform Beneficiaries Association Inc. has a legal personality of its own. The Agrarian Reform Beneficiaries Association Inc. acquired legal personality when its articles of incorporation were approved by the Securities and Exchange Commission on November 14, 1979. Although Article VIII of its articles of incorporation specifically provides for the formation of national, regional, provincial, municipal and barangay chapters, it does not and can not confer to said chapters juridical personality separate and distinct from the corporation. Chapters merely form the organizational units of non-stock corporations whose functions and powers are stated in detail in the by-laws. To acquire legal personality, your chapter should incorporate in accordance with the pertinent provisions of Batas Pambansa Blg. 68, otherwise known as the Corporation Code of the Philippines, under its own corporate name. In this case, your association must file its corresponding articles of incorporation and by-laws with this Commission. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman
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