A.C. No. 4428 – 678 Phil. 195 – 662 SCRA 1 – Legal Ethics – Pardon Does Not Bar Sanction Against an Erring Lawyer – Moral Depravity – Grossly Immoral Conduct Atty. George Florendo was the lawyer of spouses Elpidio and Ma. Elena Tiong. Elpidio, a US citizen, is often […]
Case Digest
G.R. No. 125986 – 361 Phil. 989 – 302 SCRA 315 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction (upside down piercing) Aida Posadas was the owner of a 1.6 hectare land in Sucat, Muntinlupa. In 1989, she entered into an agreement with Jaime Bravo […]
G.R. No. 100812 – 368 Phil. 374 – 309 SCRA 72 – Mercantile Law Corporation Law – Piercing the Veil of Corporate Fiction (Upside Down) In 1985, Francisco Motors Corporation (FMC) sued Atty. Gregorio Manuel to recover from a him a sum of money in the amount of P23,000.00+. Said […]
G.R. No. 93397 – 336 Phil. 15 – 269 SCRA 15 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction Filriters Guaranty Assurance Corporation (FGAC) is the owner of several Central Bank Certificates of Indebtedness (CBCI). These certificates are actually proof that FGAC has the required […]
G.R. No. 89561 – 267 Phil. 578 – 189 SCRA 529 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction Mauricia Castillo was the administratrix in charge over a parcel of land left by Felipe Castillo. Said land was mortgaged to the Development Bank of the […]
G.R. No. 124715 – 380 Phil. 60 – 323 SCRA 102 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction In 1994, Pastor Lim died. His wife, Rufina Lim, petitioned with the probate court for the inclusion of 5 corporations into the inventory of the estate […]
G.R. No. L-14441 – 125 Phil. 5 – 18 SCRA 924 – Mercantile Law – Corporation Law – Parity Rights – Corporate Nationality – Nationalized Areas of Activity In 1956, San Jose Petroleum, Inc. (SJP), a mining corporation organized under the laws of Panama, was allowed by the Securities and […]
G.R. No. 126554 – 388 Phil. 220 – 332 SCRA 427 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction In 1993, ARB Construction Co., Inc. (ARB) entered into a contract with TBS Security and Investigation Agency (TBS) for the latter to provide security guards to […]
G.R. No. 141617 – 415 Phil. 153 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction – Fraud Test vs Alter Ego Test Adalia Francisco was the Treasurer of Cardale Financing and Realty Corporation (Cardale). Cardale, through Francisco, contracted with Andrea Gutierrez for the latter to […]
G.R. No. 114222 – 313 Phil. 296 – 243 SCRA 436 – Mercantile Law – Corporation Law – Corporate Nationality – Public Utility – Nationality Requirement in Nationalized Areas of Activity In 1989, the government planned to build a railway transit line along EDSA. No bidding was made but certain […]
G.R. No. 124062 – 361 Phil. 383 – 301 SCRA 459 – Mercantile Law – Corporation Law – Instance Where a Corporation is a Real Party in Interest Reynaldo Cometa is the president of State Investment Trust, Inc. (SITI), a lending firm. Reynaldo Guevara is the president of Honeycomb Builders, […]
G.R. No. 88404 – 268 Phil. 784 – 190 SCRA 717 – Mercantile Law – Corporation Law – Corporate Fiction – Franchise – Right of Succession In 1958, Felix Alberto & Co., Inc (FACI) was granted by Congress a franchise to build radio stations (later construed as to include telephony). […]
G.R. No. L-2971 – 88 Phil. 494 – Political Law – Law on Public Officers – “Public Officer” and “Public Employee” the same for Purposes of the Penal Code Criminal Law – Book II – Crimes Committed By Public Officers – Direct Bribery – “Public Officer” and “Public Employee” the […]
G.R. No. 87193 – 255 Phil. 934 – 174 SCRA 245 – Political Law – Law on Public Officers – Citizenship of a Public Officer In 1988, Juan Frivaldo won as governor of Sorsogon. Salvador Estuye, President of the League of Municipalities of Sorsogon, filed with the COMELEC a petition […]
G.R. No. L-9699 – 100 Phil. 1025 – Political Law – Law on Public Officers – Civil Service Eligibility – Temporary Appointment Does Not Ripen Into Permanent Appointment In 1947, Liberato Jimenez was appointed as a temporary legal investigator in the Philippine Veterans Board (PVB). In 1949, he was promoted […]
G.R. No. L-55151 – 191 Phil. 10 – 103 SCRA 380 – Political Law – Law on Public Officers – No Vested Right to a Public Office – Continuing Eligibility Dominador Borje was an elected member of the Board of Directors of the Misamis Occidental Electric Cooperative, Inc. (MOELC). While […]