Dennis subscribed to 10,000 shares of XYZ Corporation with a par value of
P100 per share. However, he paid only 25% of the subscription or P250,000.00. No call has been made on the unpaid subscription. How many shares is Dennis entitled to vote at the annual meeting of the stockholders of XYZ? (A) 10,000 shares (B) 2,500 shares (C) 100 shares (D) 0 shares (E) None of the above. (2013 BAR) ANSWER: (A) 10,000 shares. Section 70 of the Revised Corporation Code of the Philippines (RCCP) provides that no delinquent stock shall be voted for, be entitled to vote, or be represented at any stockholder’s meeting. And that Section 66 of RCCP further states that only if no payment is made within thirty (30) days from the date specified in the contract of subscription or in the call shall the stocks covered by the subscription shall thereupon become delinquent. In the case at hand, neither a date was specified nor call was made by the board of directors. Thus, all shares not being delinquent shall be entitled to vote and be voted for.
DEVELOPMENT BANK OF THE PHILIPPINES , petitioner, vs. COURT OF APPEALS and the ESTATE OF THE LATE JUAN B. DANS, represented by CANDIDA G. DANS, and the DBP MORTGAGE REDEMPTION INSURANCE POOL, respondents..docx