Educational corporations

Section 106. Incorporation. - Educational corporations shall be governed by special laws and by the general provisions of this Code.

Section 107. Pre-requisites to incorporation. - Except upon favorable recommendation of the Ministry of Education and Culture (not the Department of Education or DepEd), the Securities and Exchange Commission shall not accept or approve the articles of incorporation and by-laws of any educational institution.

Section 108. Board of trustees. - Trustees of educational institutions organized as non-stock corporations shall not be less than five (5) nor more than fifteen (15): Provided, however, That the number of trustees shall be in multiples of five (5).

Unless otherwise provided in the articles of incorporation on the by-laws, the board of trustees of incorporated schools, colleges, or other institutions of learning shall, as soon as organized, so classify themselves that the term of office of one-fifth (1/5) of their number shall expire every year. Trustees thereafter elected to fill vacancies, occurring before the expiration of a particular term, shall hold office only for the unexpired period. Trustees elected thereafter to fill vacancies caused by expiration of term shall hold office for five (5) years. A majority of the trustees shall constitute a quorum for the transaction of business. The powers and authority of trustees shall be defined in the by-laws.

For institutions organized as stock corporations, the number and term of directors shall be governed by the provisions on stock corporations. (Special Corporations under the Corporation Code of the Philippines)