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Philippine Bar review · Question

Practice question: Election, Removal, and Filling of Vacancies

Multiple Choice Medium

Practice question

A director’s term expires on June 30. Officials plan the replacement election for August solely because the ordinary forty-five-day vacancy rule is said to cover expiration identically. No other controlling circumstance exists. Which is correct?
  1. Every vacancy has the identical forty-five-day timetable
  2. For term expiration, Section 28 requires election no later than the expiration day at a meeting called for that purpose.
  3. Expiration may always be ignored indefinitely
  4. Only the former director chooses the date
  5. The SEC must privately appoint the successor

Legal references

  • Revised Corporation Code, RA 11232, Sections 23 and 28: https://lawphil.net/statutes/repacts/ra2019/ra_11232_2019.html

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