1) The Islamic Directorate of the Philippines (IDP) purchased land to build an Islamic center but political turmoil led the original board members to flee the country. 2) Two groups, the Carpizo Group and Abbas Group, claimed to be the legitimate board of trustees. The SEC ruled both elections were null and void. 3) Without a valid election, the Carpizo Group unauthorizedly sold two parcels of IDP land to another group. The original 1971 IDP board filed a petition to nullify the land sale.
1) The Islamic Directorate of the Philippines (IDP) purchased land to build an Islamic center but political turmoil led the original board members to flee the country. 2) Two groups, the Carpizo Group and Abbas Group, claimed to be the legitimate board of trustees. The SEC ruled both elections were null and void. 3) Without a valid election, the Carpizo Group unauthorizedly sold two parcels of IDP land to another group. The original 1971 IDP board filed a petition to nullify the land sale.
1) The Islamic Directorate of the Philippines (IDP) purchased land to build an Islamic center but political turmoil led the original board members to flee the country. 2) Two groups, the Carpizo Group and Abbas Group, claimed to be the legitimate board of trustees. The SEC ruled both elections were null and void. 3) Without a valid election, the Carpizo Group unauthorizedly sold two parcels of IDP land to another group. The original 1971 IDP board filed a petition to nullify the land sale.
Petitioner IDP-Tamano Group was an incorporated to which its primary purpose is to establish an Islamic center in Quezon City for the establishment of mosque, school, and other religious infrastractures. IDP purchased a land at Q.C to be the land wherein the envisioned Center for the Islamic populace would be established. The land was covered with 2 titles both registered in the of IDP. The Libyan government purchased the land in the name of IDP, President Marcos declared martial law. In result, most members of the 1971 board of trustees escaped to the middle east so as to avoid political persecution. Some time, 2 groups claimed that they were part of the IDP Board of trustees: the Carpizo Group, headed by Engineer Carpizo, and the Abbas group which was led by Mrs. Zorayda Tamano. In a suit between the 2, SEC decided that the election of both groups was null and void. The sec advised that the members of the petitioning corporation are authorized to prepare and adopt their by-laws to be submitted to the Commission. Once approved, an election of the members of the Board of Trustees may be held immediately. However, neither of the group made a move to comply with the prescribed condition by the SEC. Without any formal election, no elected new members of the board of trustees of the IDP, the Carpizio Group authorized the sale of 2 parcels of land to the private respondent to INC. Some time, the petitioner 1971 IDP Board of trustees headed by Senator Tamano filed a petition before the SEC. seeking to nullify or declare null and void the deed of absolute sale signed by the Carpizo Group.
ISSUE OF THE CASE:
Whether the sale between INC and the Carpizo Group is valid.
RULING OF THE CASE: YES
Because the Carpizo group isn’t a valid member of the Board of Trustees, thus, the sale of land between the Carpizo group and INC is void. It should be noted that the IDP never consented with the sale via legitimate Board of Trustees. More over, the Carpizo group’s failure to comply with Section 40 of the corporation code which emphasized the need of of the majority votes of the legitimate Board of Trustees constituting atleast 2/3 rd of the genuine members of the corporation.