Recent Posts
Socorro Clemente v. Republic of the Philippines – On the Right of an Heir to Institute an…
There is no need for the settlement of the estate before one of the heirs can institute an action on behalf of the other co-heirs…
Cram-Down Power of Rehabilitation Court (Marilyn Victorio-Aquino v. Pacific Plans, Inc.)
Also known as the “cram-down” clause, this provision, which is currently incorporated in the FRIA, is necessary to curb the majority creditors’ natural tendency to dictate their own terms and conditions to the rehabilitation, absent due…
Spouses Ong v. BPI Family Savings Bank – Liability of Surviving Corporation for Acts Committed…
The surviving or consolidated corporation shall be responsible and liable for all the liabilities and obligations of each of the constituent corporations in the same manner as if such surviving or consolidated corporation had itself…
Philippine Geothermal, Inc. Employees Union v. Unocal Philippines – Effect of Merger on…
The acquisition of all assets, interests, and liabilities of the absorbed corporation necessarily includes the rights and obligations of the absorbed corporation under its employment contracts…
Commissioner of Internal Revenue v. Fitness by Design – Basis for Allegations of Fraud must be…
To avail of the extraordinary period of assessment in Section 222(a) of the National Internal Revenue Code, the Commissioner of Internal Revenue should show that the facts upon which the fraud is based is communicated to the taxpayer…
Municipality of Cainta v. Spouses Braña – On Real Property Tax and Boundary Dispute between…
The local government unit where the property is situated has the right to collect taxes therefrom. Thus, to determine who has the right to collect taxes from Sps. Braña, it is necessary to determine the location of the property…
Steelcase, Inc., Petitioner, v. Design International Selections, Inc., Respondent; G.R. No. 171995
The appointment of a distributor in the Philippines is not sufficient to constitute “doing business” unless it is under the full control of the foreign corporation…
Andaya vs. Rural Bank of Cabadbaran – Mandamus to Compel Corporation to Record Transfer of…
A bona fide transferee may resort to the remedy of mandamus to compel corporations that wrongfully or unjustifiably refuse to record the transfer or to issue new certificates of stock…
Lao vs. Lim – Period to Serve Notice of Stockholders’ Meeting
By its express terms, the Corporation Code allows the shortening or lengthening of the period within which to send the notice to call a special or regular meeting…
Villamor vs. Umale – On Appointment of a Receiver or Management Committee
A corporation may be placed under receivership, or management committees may be created to preserve properties involved in a suit and to protect the rights of the parties under the control and supervision of the court…