WHO MAY EXERCISE THE POWERS OF THE CORPORATION?
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The board of directors or trustees shall exercise the corporate powers, conduct all business, and control all properties of the corporation.
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No corporation shall possess or exercise corporate powers other than those conferred by this Code or by its articles of incorporation and except as necessary or incidental to the exercise of the powers conferred.
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Corporate powers may be directly conferred upon corporate officers or agents by statute, the articles of incorporation, the by-laws or by resolution or other act of the board of directors.
WHAT IS THE FIRST TIME JOBSEEKERS ASSISTANCE ACT?
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The policy of the First Time Jobseekers Assistance Act is to promote full employment and equality of access to gainful work and opportunities.
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The First Time Jobseekers Assistance Act aims to expand accessibility of government services.
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All concerned government agencies and instrumentalities including government-owned and controlled corporations (GOCCs), local government units (LGUs), and government hospitals shall not collect fees or charges from a first-time jobseeker, provided this fee or charge is in connection with the application for and the granting of licenses, proofs of identification, clearances, certificates, or other documents required for employment.
WHAT IS THE BINDING EFFECT OF BYLAWS OF A CORPORATION?
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Bylaws are the relatively permanent and continuing rules of action adopted by the corporation for its own government and that of the individuals composing it and having the direction, management and control of its affairs, in whole or in part, in the management and control of its affairs and activities.
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The purpose of a by-law is to regulate the conduct and define the duties of the members towards the corporation and among themselves.
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The provisions of the Bylaws are binding not only upon the corporation but also on its stockholders, members and those having direction, management and control of its affairs.
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Since the Bylaws operate merely as internal rules among stockholders, directors and officers, they cannot affect or prejudice third person who dealt with the corporation.
IN CASE OF DISQUALIFICATION OF THE PRESIDENT, WHO SHALL TAKE OVER HIS OFFICE?
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In case of death, permanent disability, removal from office, or resignation of the President, the Vice-President shall become the President to serve the unexpired term. (Section 8, Art. VII, 1987 Constitution)
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Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. (Section 6 of Republic Act No. 6646 or the Electoral Reforms Law of 1987)
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When a person who is not qualified is voted for and eventually garners the highest number of votes, even the will of the electorate expressed through the ballot cannot cure the defect in the qualifications of the candidate. (Casan Macode Maquiling v. COMELEC, et.al., G.R. No. 195649, April 16, 2013)
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