M.B.M. Toda, et al. vs. Dante Samson, et al.

[SEC-SICD * CASE NO. 01-00-6518. June 27, 2000.]

M.B.M. TODA members, Represented by MANOLO A. MARIANO, Acting Coordinator, complainants, vs. DANTE SAMSON, President, JERRY PANLAQUE, Vice-President, CRISTINA GABRIEL, Secretary, ANDY CASTELO, Treasurer, SONNY PARIAN, Auditor, Meycauayan Bayan Market Tricycle Operators and Drivers Association (M.B.M. TODA), respondents.

Corporation Code; election of officers. — This Commission finds that there is a need to call for an election of officers and trustees of the subject corporation, it appears on record that the regular election of MBM TODA was not held on December 1999, and the respondents are holding office in a hold-over capacity pending the election and qualification of the officers to be elected in the association's regular meeting.

Same; powers of members; removal of officers and trustees. — The ultimate power to remove officers and trustees of the association rests with the general membership of the corporation and that there exists adequate intra-corporate remedies available to the members, such as the removal of the corporate officers and trustees in accordance with Section 28 of the Corporation Code.

Same; same; power to...

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