2014 Case Digest: SEC v. Santos
SECURITIES AND EXCHANGE COMMISSION, Petitioner, v. OUDINE SANTOS, Respondent. G.R. No. 195542, March 19, 2014 PONENTE: Perez TOPIC: SRC, unregistered broker or dealer FACTS: Sometime in 2007, yet another investment scam was exposed with the disappearance of its primary perpetrator Liew, a self–styled financial guru and Chairman of the Board of […]
2014 Case Digest: Primanila Plans v. SEC
PRIMANILA PLANS, INC., herein REPRESENTED by EDUARDO S. MADRID, Petitioner, vs. SECURITIES AND EXCHANGE COMMISSION, Respondent. G.R. No. 193791 August 6, 2014 PONENTE: Reyes TOPIC: SRC, registration statement, cease and desist order FACTS: On April 9, 2008, SEC issued the subject cease and desist order after an investigation conducted by the […]
2014 Case Digest: SEC v. CA
SECURITIES AND EXCHANGE COMMISSION, Petitioner, vs. THE HONORABLE COURT OF APPEALS, OMICO CORPORATION, EMILIO S. TENG AND TOMMY KIN HING TIA, Respondents. G.R. No. 187702 October 22, 2014 PONENTE: Sereno TOPIC: SRC, proxy, jurisdiction of SEC FACTS: Omico Corporation (Omico) is a company whose shares of stock are listed and traded […]
2014 Case Digest: Aquino v. Pacific Plans
MARILYN VICTORIO-AQUINO, Petitioner, vs. PACIFIC PLANS, INC. and MAMERTO A. MARCELO, JR. (Court-Appointed Rehabilitation Receiver of Pacific Plans, Inc.), Respondents. G.R. No. 193108 December 10, 2014 PONENTE: Peralta TOPIC: FRIA, cram-down power of rehabilitation court FACTS: Respondent Pacific Plans, Inc. (now “APEC”) is engaged […]
2014 Case Digest: Philippine Bank of Communications v. Basic Polyprinters
PHILIPPINE BANK OF COMMUNICATIONS, Petitioner, vs. BASIC POLYPRINTERS AND PACKAGING CORPORATION, Respondent. G.R. No. 187581 October 20, 2014 PONENTE: Bersamin TOPIC: FRIA, insolvency, rehabilitation plan FACTS: Basic Polyprinters, along with the eight other corporations belonging to the Limtong Group of Companies filed a joint petition for suspension of payments with approval of […]
2015 Case Digest: Lexber v. Spouses Dalman
LEXBER, INC, petitioner, vs. CAESAR M. and CONCHITA B. DALMAN, respondents. G.R. No. 183587, April 20, 2015 PONENTE: Brion TOPIC: Approval of rehabilitation plan FACTS: Lexber is a domestic corporation engaged in the business of housing, construction, and real estate development. Among those who availed of Lexber’s housing projects are respondent Spouses […]
Case Digest: RYUICHI YAMAMOTO v. NISHINO LEATHER INDUSTRIES, INC. and IKUO NISHINO 551 SCRA 447 (2008)
RYUICHI YAMAMOTO v. NISHINO LEATHER INDUSTRIES, INC. and IKUO NISHINO 551 SCRA 447 (2008) To disregard the separate juridical personality of a corporation, the wrongdoing or unjust act in contravention of a plaintiff’s legal rights must be clearly and convincingly established. Also, without acceptance, a mere offer produces no obligation. Ryuichi Yamamoto and Ikuo Nishino […]
Case Digest: REPUBLIC OF THE PHILIPPINES v. INSTITUTE FOR SOCIAL CONCERN, et al . 449 SCRA 512 (2005)
REPUBLIC OF THE PHILIPPINES v. INSTITUTE FOR SOCIAL CONCERN, et al . 449 SCRA 512 (2005) The veil of corporate fiction may be disregarded only upon showing that it is used to perpetrate fraud. On September 28, 1989, the Government of the Republic of the Philippines, through the Office of the President (the Republic), and […]
Case Digest: PHILIPPINE COMMERCIAL AND INTERNATIONAL BANK (now BANCO DE ORO-EPCI, INC.) v. DENNIS CUSTODIO, et al. 545 SCRA 367 (2008)
PHILIPPINE COMMERCIAL AND INTERNATIONAL BANK (now BANCO DE ORO-EPCI, INC.) v. DENNIS CUSTODIO, et al. 545 SCRA 367 (2008) A corporation has personality separate and district from those who compose it. Rolando Francisco (Francisco) and his wife, on behalf of Traders Group Corporation (ROL-ED), entered into a Foreign Bills Purchase Line Agreement (FBPLA) with the […]
Case Digest: WESTMONT BANK v. INLAND CONSTRUCTION AND DEVELOPMENT CORP. 582 SCRA 230 (2009)
WESTMONT BANK v. INLAND CONSTRUCTION AND DEVELOPMENT CORP. 582 SCRA 230 (2009) If a corporation, however, consciously lets one of its officers, or any other agent, to act within the scope of an apparent authority, it will be estopped from denying such officer’s authority. Respondent Inland Construction and Development Corp. (Inland) obtained various loans from […]
