Mr. Saklulu Enrado

June 3, 1986 Mr. Saklulu Enrado 2708 Cabrera Street Pasay City Sir : This has reference to your letter, dated May 23, 1986, requesting for the opinion of this Commission on the query posed therein. It appears therein that Bishop Mauricio Dumlao was re-elected Supreme Bishop of the Independent Church of Filipino Christians on May 8, 1982 for a three-year term until May 8, 1985. On May 8, 1985, a regular election for Supreme Bishop was scheduled but the General Assembly of the Society failed to meet and no election was held. Considering the same, Bishop Dumlao was asked and he consented to continue as Supreme Bishop in a holdover capacity starting May 8, 1985. On May 20, 1986, the Board of Trustees convened the General Assembly for the purpose, among others, of electing a regular Supreme Bishop to serve as such for the remaining period of the current term up to May 8, 1988. However, the election did not take place because the holdover Supreme Bishop who should be the presiding officer of the meeting, refused to proceed with the election. The Board of Trustees plans to convene the General Assembly for another meeting on May 31, 1986, to finally elect a regular Supreme Bishop. Under the circumstances you now require the opinion of this Commission on the following: "May the holdover Supreme Bishop of the Church, Bishop Dumlao, legally prevent the election of a Regular Supreme Bishop on the ground on which he is apparently relying, that the three (3)-year term (1985 to 1988) which he was asked to continue meantime serving in a holdover capacity has not yet expired and will not expire until May, 1988?" The pertinent portion of your Section 2 of Article III, Part II, page 8 of your Amended By-Laws on file with this Commission provides, and we quote: "SECTION 2. The Obispo Maximo shall hold office for a term of three (3)-years and may be re-elected. From the year 1976 and for each three years succeeding election of Opisbo Maximo shall take place in the month of May, preferably on May 8th, the birthday anniversary of Archbishop Aglipay. The elected Obispo Maximo shall assume office immediately upon his election." From the aforequoted provision, it is clear that the term of office your Obispo Maximo is three (3)-years. Your Amended By-laws, however, is silent regarding cases of holdover of Supreme Bishops. Considering the same, we would have to resort to the following precedents: "If the tenure of office is fixed as until the next annual election, but no election is held at the time for the annual election, the officer who holds over holds merely at the pleasure of the board of directors and is not entitled to hold until the next annual election." (O'Neal vs. F.A. Neider Co. 118 Ky. 62, 80 S.W. 451, Fletcher's Vol. 2, 1969 Rev. Vol., pp. 140-141) "Where the term of office is for two years and until a successor is elected, failure to hold a meeting to elect a successor at the regular time does not entitle a holdover officer to another two-year term." (Barker v. National Life Assn., 183 Tower 966, 166 N.W. 597) Applying the foregoing rulings in the instant case, there is no question, therefore, that your holdover Supreme Bishop cannot prevent the election of a regular Supreme Bishop considering that he holds office merely at the pleasure of the Board of Trustees or the corresponding elective body. Please be advised accordingly. Very truly yours, (SGD.) JULIO A. SULIT, JR. Chairman