Ang Mga Kaanib Sa Iglesia NG Dios Kay Kristo Hesus, H.S.K. Sa Bansang Pilipinas, Inc. vs. Iglesia NG Dios Kay Cristo Jesus
Ang Mga Kaanib Sa Iglesia NG Dios Kay Kristo Hesus, H.S.K. Sa Bansang Pilipinas, Inc. vs. Iglesia NG Dios Kay Cristo Jesus
_______________
* FIRST DIVISION.
172
173
Algarra & Miranda Law Office and Fernandez, Adaza Law Firm
for petitioner.
Benedicto M. Acosta, Jr. for private respondent.
YNARES-SANTIAGO, J.:
This 1is a petition for review assailing the Decision 2dated October 7,
1997 and the Resolution dated February 16, 1999 of the Court of
Appeals in CA-G.R. SP No. 40933, which affirmed the Decision of
the Securities
3
and Exchange Commission (SEC) in SEC-AC No.
539.
Respondent Iglesia ng Dios Kay Cristo Jesus, Haligi at Suhay ng
Katotohanan4
(Church of God in Christ Jesus, the Pillar and Ground
of Truth), is a non-stock religious society or corporation registered
in 1936. Sometime in 1976, one Eliseo Soriano and several other
members of respondent corporation disassociated themselves from
the latter and succeeded in registering on March 30, 1977 a new
non-stock religious society or corporation, named Iglesia ng Dios
Kay Kristo Hesus, Haligi at Saligan ng Katotohanan.
On July 16, 1979, respondent corporation filed with the SEC a
petition to compel the Iglesia ng Dios Kay Kristo Hesus, Haligi at
Saligan ng Katotohanan to change its corporate name, which
petition was docketed as SEC Case No. 1774. On May 4, 1988, the
SEC rendered judgment in favor of respondent, ordering the Iglesia
ng Dios Kay Kristo Hesus, Haligi at Saligan ng Katotohanan to
change its corporate name to another name that is not similar or
identical to any name already used by a corporation,
5
partnership or
association registered with the Commission. No appeal was taken
from said decision.
_______________
1 Rollo, pp. 57-68; penned Mr. Justice Cancio C. Garcia and concurred in by
Mesdames Justices Delilah Vidallion-Magtolis and Marina L. Buzon.
2 Ibid., pp. 54-55.
3 Ibid., pp. 70-73.
4 Official English translation; see Rollo, p. 252.
5 Rollo, pp. 419-424.
174
It appears that during the pendency of SEC Case No. 1774, Soriano,
et al., caused the registration on April 25, 1980 of petitioner
corporation, Ang Mga Kaanib sa Iglesia ng Dios Kay Kristo Hesus,
H.S.K., sa Bansang Pilipinas. The 6
acronym “H.S.K.” stands for
Haligi at Saligan ng Katotohanan.
On March 2, 1994, respondent corporation filed before the SEC a
petition, docketed as SEC Case No. 03-94-4704, praying that
petitioner be compelled to change its corporate name and be barred
from using the same or similar name on the ground that the same
causes confusion among their members as well as the public.
Petitioner filed a motion to dismiss on the ground of lack of
cause of action. The motion to dismiss was denied. Thereafter, for
failure to file an answer, petitioner was declared in default and
respondent was allowed to present its evidence ex parte.
On November 20, 1995, the SEC rendered a decision ordering
petitioner to change its corporate name. The dispositive portion
thereof reads:
6 Ibid., p. 430.
7 Ibid., pp. 78-79.
175
II
III
IV
_______________
176
_______________
177
(d) If the proposed name contains a word similar to a word already used as
part of the firm name or style of a registered company, the proposed name
must contain two other words different from the name of the company
already registered;
_______________
15 Salonga, et al. v. Court of Appeals, et al., 269 SCRA 534, 546 [1997].
16 Aldovino, et al. v. Alunan III, et al., 230 SCRA 825, 833 [1994].
17 R.E. Agpalo, Comments on the Corporation Code of the Philippines, 74, (Fifth
Edition, 1993), citing Universal Mills Corporation v. Universal Textile Mills, Inc., 78
SCRA 62 (1977).
178
_______________
18 Philips Export B.V. v. Court of Appeals, et al., 206 SCRA 457, 467 [1992];
citing American Gold Stars Mothers, Inc. v. National Gold Star Mothers, Inc., 89 App
DC 269, 191 F 2d 488, 27 ALR 2d 948.
19 Rollo, p. 292.
20 Ibid., p. 430.
21 Rollo, pp. 487-491.
179
_______________
22 Supra.
23 Philips Export B.V. v. Court of Appeals, et al., supra.
180
180 SUPREME COURT REPORTS ANNOTATED
Public Estates Authority vs. Uy
SO ORDERED.
——o0o——