Question: Answer the questions below. Cite the applicable provision in your explanation. (Section 86-94 of the Corporation Code of the Philippines) 1. Adventist University of the

Answer the questions below. Cite the applicable provision in your explanation.

(Section 86-94 of the Corporation Code of the Philippines)

1.Adventist University of the Philippines (AUP) is a non-stock, non-profit educational institution. Petonillo Barayuga was appointed by the AUP's Board of Trustees as its President in 2001. AUP subsequently amended its By-Laws to state that members of the Board of Trustees were to serve a term of office of only two years; and the officers, who included the President, were to be elected from among the members of the Board of Trustees during their organizational meeting, which was held during the election of the Board of Trustees every two years.In 2003, the Board voted to remove Barayuga as president. This prompted Barayuga to file a petition for injunction with damages against AUP, contending among others, that the Board relieved him of the presidency without valid grounds despite his five-year term. The RTC ruled in favor of Barayuga. The CA, on the other hand, ruled in favor of AUP. Can an officer-elect of a non-stock educational corporation occupying a hold-over capacity be removed without cause upon the appointment of his or her successor?

2.If a non-stock corporation earns profit, can it be considered as a profit-making corporation?

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