- Title
- Orient Protective Assurance Association vs. Ramos
- Case
- G.R. No. 46510
- Decision Date
- Apr 5, 1939
- The case of Orient Protective Assurance Association v. Ramos involves the revocation of a license of a mutual benefit association in the Philippines due to violations and irregularities, including misleading the public with its name and being in a state of insolvency.
67 Phil. 176
[ G.R. No. 45210. April 05, 1939 ] ORIENT PROTECTIVE ASSURANCE ASSOCIATION, INC., PLAINTIFF AND APPELLANT VS. ANTONIO RAMOS, ACTING INSULAR TREASURER, DEFENDANT AND APPELLEE.
D E C I S I O N
D E C I S I O N
LAUREL, J.:
This is an appeal from the decision of the Court of First Instance of Manila dismissing the complaint of the plaintiff corporation and upholding the order of revocation of plaintiff's license by the defendant Insular Treasurer.
On July 21, 1934, the plaintiff, a mutual benefit association, was incorporated under the Corporation Law under the name "Orient Protective Association". Subsequent to its incorporation, plaintiff filed an application with the defendant-appellee for a license to operate as a mutual benefit, relief and benevolent association in the Philippines, adding the word "assurance" to the name of the corporation. On September 14, 1934, the Insular Treasurer, after an examination of plaintiff's articles of incorporation and by-laws, granted it a license conditioned upon the elimination of the word "assurance" and reserving the right to revoke the same for cause. Notwithstanding, the board of directors of the plaintiff, on September 27,1934, amended its articles of incorporation, changing its name to "Orient Protective Assurance Association", and on the same date registered the amended articles of incorporation in the mercantile registry of the Bureau of Commerce. Upon being informed of this amendment, the Insular Treasurer, on October 19, 1934, addressed a letter to the president of the plaintiff corporation requiring him to explain within forty-eight hours from receipt thereof why the license of the association should not be revoked for having, through amendment of its articles of incorporation, inserted in its name the word "assurance". In reply, the president of the plaintiff corporation addressed a communication to the Insular Treasurer on October 31, 1934, stating that the use of the word "assurance" was authorized by law. On November 5, 1934, the Insular Treasurer ordered an examination of the plaintiff's affairs and financial conditions, and in this examination, which covered the transactions made by the plaintiff from September 14, 1934, the date on which the association was licensed to operate, to November 5, 1934, the examiner of the Bureau of the Treasury found:
(1) | That not all the amounts received by the plaintiff had been receipted for, thus making it impossible to accurately determine its cash accountability, in violation of rule IV of Circular No. 27 of the Bureau of the Treasury.; |
(2) | That the amount of |
(3) | That the plaintiff had failed to keep its cash books up to date, in that only disbursements and no receipts had been entered therein, in violation of rule III of Circular No. 27 of the Bureau of the Treasury; |
(4) | That no record of the cash bonds of two district managers had been kept, and only one of the plaintiff's agents appeared bonded; |
(5) | That the cash of the association had not been handled by the treasurer of the plaintiff, who was bonded in the sum of |
(6) | That the plaintiff had amended section 5 of article II of its articles of incorporation and by-laws on October 1, 1934 , but failed to furnish the Insular Treasurer with a copy of the amendment within the period prescribed in rule II of Circular No. 27 of the Bureau of the Treasury; |
(7) | That plaintiff had made unauthorized advances of money to several persons; |
(8 | That plaintiff had failed to keep record of the cash bond in the sum of |
(9) | |
(10) | That the plaintiff was in an unsound financial condition, in that as of November 5, 1934, it had incurred liabilities 'in the amount of |
"In view of the foregoing, the court believes, and so holds, that the order of revocation issued by the defendant is perfectly valid and authorized by law, and for this reason orders the dismissal of the complaint, with costs to the plaintiff."
A motion for new trial was denied. Plaintiff excepted and filed a notice of intention to appeal. Five errors are assigned but all of them hinge on the authority of the Insular Treasurer to order the revocation of appellant's license.The laws governing the licensing of mutual benefit, relief and benevolent societies or associations to operate and transact business in the Philippines, and the revocation of such licenses, are found in sections 1628-B. 1628-C, and 1633 of the Administrative Code, as amended by Act No. 3612. These legal provisions are supplemented by circular No. 27 (Exhibit 5) issued by the Bureau of the Treasury, with the approval of the Secretary of Finance, under the provision of the last paragraph of section 1628-C of the Administrative Code. Mutual benefit, relief and benevolent associations organized in the Philippines, whether incorporated or not, are subject to the supervision and examination of the Insular Treasurer and this official may for valid and justifiable reasons revoke the license issued to such associations. Not only was the use of the word "assurance" found to have misled the public in that the association was represented and taken as an insurance company, but the Insular Treasurer had found, after due investigation, that the plaintiff was in a state of insolvency. Under these circumstances, the Insular Treasurer acted within his legal power in revoking the license of the plaintiff.
The decision appealed from is affirmed in all respects, with costs against the appellant. So ordered.
Avancena, C. J., Villa-Real, Imperial, Diaz, Concepcion, and Moran, JJ., concur.