Philippine Medical Association
SEC Opinion • Securities and Exchange Commission • Opinions • Jan 30, 1985
Full text
January 30, 1985 Philippine Medical Association P. O. Box 4039, Manila Gentlemen: This relates to your letter dated December 17, 1984 requesting the opinion of this Commission on the query posed therein. cdll It appears that the Philippine Medical Association (PMA) has three (3) classes of members, namely: regular members, emeritus members and honorary members. Your by-laws defines the emeritus members as those regular members who reached the age of 65, have been members of the Association for at least 15 years and have rendered meritorious services to their component societies and to the Philippine Medical Association (Section 2B, Article II). Emeritus and honorary members are not entitled to vote and be voted upon. (Section 3, Article III). Hence, your query is: May an emeritus member who renounces his status as such and pays his membership dues as a regular member, qualify to run for the office of Governor? Anent thereto, Section 5, Article II of your by-laws provides in part: "Termination of Membership. . . . Any member may voluntarily withdraw from membership in the Association provided that if he is subsequently reinstated, he shall be considered a new member ." (emphasis supplied) Furthermore, Section 3, Article VII of your by-laws provides for the following qualifications of the members of the Board of Governors, to wit: "Qualifications: 3.1 He shall be a member in good standing for at least five consecutive years immediately preceding his election to the Board. 3.2 He shall be a member in good standing of a component society within the district he shall represent for at least three consecutive years immediately preceding his election to the Board." Emeritus membership is conferred by indorsement of the component society with the conformity of the member and approval of the Board of Governors (Sec. 26, Art. III, By-laws). It can be implied from your approved amended by-laws that should an emeritus member voluntarily terminates his membership as such from the Association, and applies for a reinstatement as a regular member, he shall be considered a new member. (Sec. 2, Art II). Consequently, as a new member, he would not possess the qualifications for governor set forth in the earlier quoted Section 3, Article VII of your amended by-laws. In view of the foregoing, our answer to your query is in the negative. Please be advised accordingly. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman
Ask what this means for your situation
The assistant quotes the passage it relies on and links the source, so you can check every figure it gives you.