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Mr. Rogelio dela Peña

SEC Opinion • Securities and Exchange Commission • Opinions • Jan 26, 1989

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January 26, 1989 Mr. Rogelio dela Pea Airport Village, Bgy. Moonwalk, Paraaque, Metro Manila Sir : This refers to your letter dated January 18, 1989, questioning the action of the Corporate and Legal Department of this Commission, denying the registration of Communism Church Jesus Christ, Inc. because of the use of the word "Communism" as part of its Corporate Name. Republic Act No. 1700, otherwise known as the "Anti-Subversion Law" provides in part, to wit: "SECTION 2. The Congress hereby declares the Communist Party of the Philippines to be an organized conspiracy to overthrow the Government of the Republic of the Philippines for the purpose of establishing in the Philippines a totalitarian regime and place the Government under the control and domination of an alien power. The said party and any other organization having the same purpose and their successors are hereby declared illegal and outlawed ." (Emphasis supplied). Under the aforecited provision "Communism" is outlawed in the Philippines. The use of the word "Communism" as part of your corporate name would therefore violate Section 18 of the Corporation Code which provides, thus: SECTION 18. Corporate Name . No corporate name may be allowed by the Securities and Exchange Commission if the proposed name is identical or deceptively or confusingly similar to that of any existing corporation or to any other name already protected by law or patently deceptive, confusing or contrary to existing laws ...(Emphasis supplied) In view thereof, the Commission cannot allow the use of the word "Communism" as part of your corporate name of the proposed corporation. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman

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