Uber Digests | Business Organization
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Business Organization

Rosita Peña vs Court of Appeals

193 SCRA 717 – Business Organization – Corporation Law – Board resolutions may be questioned by third persons – Board Meetings – Quorum – Sale of Corporate Properties In 1962, […]

March 5, 2013

Madrigal & Company, Inc. vs Ronaldo Zamora

151 SCRA 355 – Business Organization – Corporation Law – Cash Dividends Madrigal & Company, Inc. (MCI) manages the business of another corporation, Rizal Cement Co., Inc. (RCC). In 1973, […]

February 23, 2013

Tam Wing Tak vs Ramon Makasiar

Business Organization – Corporation Law – Ultra Vires Acts of Corporate Officers – Derivative Suit  Sometime before November 1992, Vic Ang Siong issued a check to Concord-World Properties, Inc. The […]

February 22, 2013

Safic Alcan & Cie vs Imperial Vegetable Oil Co., Inc.

Business Organization – Corporation Law – Ultra Vires Acts of Corporate Officers  In 1985, Safic Alcan & Cie (SAC), a corporation, entered into an agreement with Imperial Vegetable Oil Co., […]

February 14, 2013

First Philippine International Bank vs Court of Appeals

252 SCRA 259 – Business Organization – Corporation Law – Liability of the Corporation – Apparent Authority In 1987, the a manager of First Philippine International Bank (FPIB), Mercurio Rivera, […]

February 6, 2013

Yao Ka Sin Trading vs Court of Appeals

209 SCRA 763 – Business Organization – Corporation Law – Liability of Officers – Apparent Authority In 1973, Constancio Maglana, president of Prime White Cement Corporation, sent an offer letter […]

February 6, 2013

Trinidad Francisco vs Government Service Insurance System

7 SCRA 577 – Business Organization – Corporation Law – Corporate Liability  In 1956, Trinidad Francisco obtained a P400k loan from the Government Service Insurance System (GSIS). She secured the […]

February 5, 2013

Ignacio Vicente vs Ambrosio Geraldez

52 SCRA  210 – Business Organization – Corporation Law – Delegation of Corporate Powers – Compromise Agreement  In 1967, HI Cement Corporation was granted authority to operate mining facilities in […]

February 4, 2013

ABS-CBN Broadcasting Corporation vs Court of Appeals

301 SCRA 572 – Business Organization – Corporation Law – Delegation of Corporate Powers – Moral Damages In 1992, ABS-CBN Broadcasting Corporation, through its vice president Charo Santos-Concio, requested Viva […]

February 4, 2013

Atrium Management Corporation vs Court of Appeals

353 SCRA 23 – Business Organization –  Corporation Law – Ultra Vires Act – Liability of Corporate Officers In 1981, Hi-Cement Corporation through Lourdes De Leon (its Treasurer) and Antonio […]

February 4, 2013

John Sy vs Tyson Enterprises, Inc.

119 SCRA 367 – Business Organization – Corporation Law – Business Address In 1979, Tyson Enterprises, Inc. filed a collection suit against Universal Parts Supply Corporation and its president John […]

February 3, 2013

Alhambra Cigar & Cigarette Manufacturing Company, Inc. vs Securities and Exchange Commission

24 SCRA 269 – Business Organization – Corporation Law – Corporate Lifespan On January 15, 1912, Alhambra Cigar & Cigarette Manufacturing Company, Inc. was incorporated. Its lifespan was for 50 […]

February 3, 2013

Pison-Arceo Agricultural and Development Corporation vs National Labor Relations Commission

279 SCRA 312 – Business Organization – Corporation Law – Suit Under a Corporate Name In 1988, a labor case for illegal dismissal was filed against Jose Edmundo Pison and […]

February 3, 2013

Laureano Investment & Development Corporation vs Court of Appeals

272 SCRA 253 – Business Organization – Corporation Law – Right To Sue Under A Corporate Name In 1988, Bormaheco, Inc. (Bormaheco) filed an ex-parte petition with the Registry of […]

February 2, 2013

Universal Mills Corporation vs Universal Textile Mills, Inc.

78 SCRA 62 – Business Organization – Corporation Law – Tradenames In 1953, Universal Textile Mills, Inc. (UTMI) was organized. In 1954, Universal Hosiery Mills Corporation (UHMC) was also organized. […]

February 2, 2013

Republic Planters vs Court of Appeals

216 SCRA 738 – Mercantile Law – Business Organization – Corporation Law – Liability of Officers – Exception – Change of Corporate Name  In 1979, World Garment Manufacturing (WGM), through […]

February 2, 2013

Boman Environmental Development Corporation vs Court of Appeals

167 SCRA  540 – Business Organization – Corporation Law – Jurisdiction – Intra-Corporate Dispute Nilcar Fajilan was a stockholder and the president of Boman Environmental Development Corporation (Boman). In 1984, […]

February 2, 2013

People of the Philippines vs Carlos Garcia y Pineda

271 SCRA 621 – Business Organization – Corporation Law – Corporation By Estoppel – Ostensible Corporation  In 1993, Carlos Garcia, Patricio Botero, and Luisa Miraples were accused of illegal recruitment. […]

February 2, 2013

Reynaldo Lozano vs Eliezer De Los Santos

274 SCRA 452 – Business Organization – Corporation Law – Jurisdiction of the SEC Reynaldo Lozano was the president of KAMAJDA (Kapatirang Mabalacat-Angeles Jeepney Drivers’ Association, Inc.). Antonio Anda was […]

January 27, 2013

Manuela Vda. De Salvatierra vs Lorenzo Garlitos

103 Phil 757 – Business Organization – Corporation Law – Separate and Distinct Personality – When Not Applicable  In 1954, Manuela Vda. De Salvatierra entered into a lease contract with […]

January 27, 2013

Commissioner of Internal Revenue vs Court of Appeals and A. Soriano Corp.

301 SCRA 152 – Business Organization – Corporation Law – Trust Fund Doctrine Don Andres Soriano (American), founder of A. Soriano Corp. (ASC) had a total shareholdings of 185,154 shares. […]

January 23, 2013

PMI Colleges vs National Labor Relations Commission

277 SCRA 462 – Business Organization – Corporation Law – By-laws and Innocent Third Persons  In 1991, PMI Colleges hired the services of Alejandro Galvan for the latter to teach […]

January 14, 2013

Enrique Salafranca vs Philamlife (Pamplona) Village Homeowners Association, Inc.

300 SCRA 469 – Business Organization – Corporation Law – By-Laws Must Not Impair Existing Rights In 1981, Enrique Salafranca was hired as an administrative officer by the Philamlife Village […]

January 14, 2013

Grace Christian High School vs Court of Appeals

281 SCRA 133 – Business Organization – Corporation Law – Members of the Corporate Board Grace Christian High School (GCHS) is an educational institution in Grace Village (QC?). Grace Village […]

January 14, 2013

Loyola Grand Villas Homeowners (South) Association, Inc. vs Court of Appeals

276 SCRA 681 – Business Organization – Corporation Law – Failure to File By-Laws In 1983, the Loyola Grand Villas Association, Inc. (LGVAI) was incorporated by the homeowners of the […]

January 14, 2013

Hung Man Yoc vs Kieng Chiong Seng

6 Phil 498 – Business Organization – Partnership, Organization, Trust – Limited Partnership – Firm Name Man Yoc sued Kieng Chiong Seng, a partnership, for collection of sum of money. […]

September 26, 2012

Westmont Investment Corporation vs Amos Francia, Jr. et al

Business Organization – Partnership, Agency, Trust – Existence of Agency – Lack of Authorization  In 1999, Amos Francia was convinced by the bank manager of Westmont Bank to make an […]

September 23, 2012

Spouses Fernando Viloria and Lourdes Viloria vs Continental Airlines, Inc.

Business Organization – Partnership, Agency, Trust – Elements of Agency – Estoppel In 1997, while the spouses Viloria were in the United States, they approached Holiday Travel, a travel agency […]

September 23, 2012

Lilibeth Sunga-Chan vs Lamberto Chua

Business Organization – Partnership, Agency, Trust – Prescription – Demand for an accounting – Oral Partnership  In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the […]

August 31, 2012

Emilio Emnace vs Court of Appeals

Business Organization – Partnership, Agency, Trust – Dissolution and Winding Up – Prescription  Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, […]

August 31, 2012

Luzviminda Villareal vs Donaldo Efren Ramirez

Business Organization – Partnership, Agency, Trust – Dissolution and Winding Up – Need for Accounting Proceedings to Determine Partner’s Share In 1984, Villareal, Carmelito Jose and Jesus Jose, formed a […]

August 30, 2012

Primelink Properties and Development Corporation vs Ma. Clarita Lazatin-Magat

Business Organization – Partnership, Agency, Trust – Dissolution and Winding Up – Joint Venture Agreement – Rights of Innocent Party  In 1994, Primelink Properties and the Lazatin siblings entered into […]

August 30, 2012

Eugenia Lichauco vs Faustino Lichauco

33 Phil 350 – Business Organization – Partnership, Agency, Trust – Dissolution  In 1901, F. Lichauco Hermanos partnership was formed. It was provided, among others, in the partnership agreement that […]

August 18, 2012

Walter Jackson vs Paul Blum

1 Phil 4 – Business Organization – Partnership, Agency, Trust – Dissolution – Assignment of Assets – Partner Becomes Co-owner  A certain Evans and a certain Whaley formed a partnership […]

August 18, 2012

Behn, Meyer & Co. vs Rosatzin

5 Phil 660 – Business Organization – Partnership, Agency, Trust – Estoppel of the Firm’s Debtor  Rosatzin was the bookkeeper of the firm Behn, Meyer & Co. from 1901 to […]

August 5, 2012

Pacific Commercial Company vs Aboitiz & Martinez et al

Business Organization – Partnership, Agency, Trust – Industrial Partner – Obligations as to Losses vs as to Liabilities In 1919, Arnaldo de Silva, Guillermo Aboitiz, Vidal Aboitiz and Jose Martinez […]

July 27, 2012

Philippine National Bank vs Lo et al

Business Organization – Partnership, Agency, Trust – Firm Name In September 1916, Severo Eugenio Lo and Ling, together with Ping, Hun, Lam and Peng formed a commercial partnership under the […]

July 27, 2012

Fernando Santos vs Spouses Reyes

Business Organization – Partnership, Agency, Trust – Shares in Liquidation – Net Profit vs Gross Income In June 1986, Fernando Santos (70%), Nieves Reyes (15%), and Melton Zabat (15%) orally […]

July 19, 2012

Criado vs Gutierrez Hermanos

Business Organization – Partnership, Agency, Trust – Share of Losses by an Industrial Partner – Estoppel – Liquidation  In January 1900, Placido Gutierrez de Celis (37%), Miguel Gutierrez de Celis […]

July 19, 2012

Isabelo Moran vs Court of Appeals

Business Organization – Partnership, Agency, Trust – Profit and Loss Sharing – Speculative Damages  In February 1971, Isabelo Moran and Mariano Pecson entered into a partnership agreement where they agreed […]

July 19, 2012

United States vs Eusebio Clarin

7 Phil 504 – Business Organization – Partnership, Agency, Trust – Co-Partner’s Liability – Misappropriation  Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]

July 18, 2012

Alfredo Aguila Jr vs Court of Appeals et al

Business Organization – Partnership, Agency, Trust – Identity Separate and Distinct  In April 1991, the spouses Ruben and Felicidad Abrogar entered into a loan agreement with a lending firm called […]

July 9, 2012

La Compañia Maritama vs Francisco Muñoz et al

Business Organization – Partnership, Agency, Trust – Liability of Industrial Partners to Third Persons  In 1905, Francisco Muñoz, Emilio Muñoz, and Rafael Naval formed an ordinary general mercantile partnership in […]

July 9, 2012
 

Island Sales vs United Pioneers General Construction Company et al

Business Organization – Partnership, Agency, Trust – Liability of Partners – Pro-rata – Condonation  United Pioneers General Construction Company is a general partnership formed by Benjamin Daco, Daniel Guizona, Noel […]

July 8, 2012

Lim Tong Lim vs Philippine Fishing Gear Industries, Inc.

Business Organization – Partnership, Agency, Trust – Corporation by Estoppel It was established that Lim Tong Lim requested Peter Yao to engage in commercial fishing with him and one Antonio […]

July 8, 2012
 

Tocao and Belo vs Court of Appeals and Anay

Business Organization – Partnership, Agency, Trust – Dissolution of the Partnership William Belo introduced Nenita Anay to his girlfriend, Marjorie Tocao. The three agreed to form a joint venture for […]

July 8, 2012
 

Heirs of Tan Eng Kee vs Court of Appeals

Business Organization – Partnership, Agency, Trust – Periodic Accounting – Profit Sharing  Benguet Lumber has been around even before World War II but during the war, its stocks were confiscated […]

June 30, 2012
 

Heirs of Jose Lim vs Juliet Villa Lim

Business Organization – Partnership, Agency, Trust – Partner – Periodic Accounting – Profit Sharing  In 1980, the heirs of Jose Lim alleged that Jose Lim entered into a partnership agreement […]

June 30, 2012

Aurelio Litonjua Jr vs Eduardo Litonjua Sr. et al

Business Organization – Partnership, Agency, Trust – Partnership, how formed  Aurelio and Eduardo are brothers. In 1973, Aurelio alleged that  Eduardo entered into a contract of partnership with him. Aurelio […]

June 24, 2012

Antonia Torres vs Court of Appeals

Business Organization – Partnership, Agency, Trust – Sharing of Loss in a Partnership – Industrial Partner  In 1969, sisters Antonia Torres and Emeteria Baring entered into a joint venture agreement […]

June 24, 2012