THE BOARD OF DIRECTORS AND ELECTION COMMITTEE OF THE

SMB WORKERS SAVINGS AND LOAN ASSOCIATION, INC., ET AL.,

petitioners, vs. HON. BIENVENIDO A. TAN, ETC., ET AL., respondents.
(GR No. L-12282; March 31, 1959)

FACTS: A meeting electing the BOD of herein petitioner was declared null
and void by the Court in a suit filed by John Castillo, et. al.
In compliance with the order, another election was scheduled on March 28
at 5:30. On March 27, the plaintiff filed an ex-parte motion alleging that
the meeting is composed of the same people that had conducted and
supervised the previously nullified meeting; that the election to be
conducted did not comply with the 5 day notice requirement required by
the by-laws and the constitution of the association, since the notice was
posted and sent out only on March 26 and the election was to be held on
March 28.

ISSUE: WON the notice requirement is complied with?

HELD: No. Section 3, article III, of the constitution and by-laws the
association provides:

―Notice of the time and place of holding of any annual meeting, or any
special meeting, the members, shall be given either by posting the same in
a postage prepaid envelope, addressed to each member on the record at
the address left by such member with the Secretary of the Association, or
at his known post-office address or by delivering the same person at least
(5) days before the date set for such meeting. . . . In lieu of addressing or
serving personal notices to the members, notice of the members, notice of
a regular annual meeting or of a special meeting of the members may be
given by posting copies of said notice at the different departments and
plants of the San Miguel Brewery Inc., not less than five (5) days prior to
the date of the meeting. (Annex K.)‖
Notice of a special meeting of the members should be given at least five
days before the date of the meeting. Therefore, the five days previous
notice required would not be complied with.