Corporation Law, Mercantile Law

LANUZA v. BF CORPORATION G.R. No. 174938 October 1, 2014 Piercing the Veil of Corporate Fiction

FACTS: BF Corporation entered into agreements with Shangri-La wherein it undertook to construct for Shangri-La a mall and a multilevel parking structure along EDSA. When Shangri-La started defaulting in payment, Shangri-La induced BF Corporation to continue with the construction of the buildings using its own funds and credit. According to BF Corporation, ShangriLa misrepresented that… Read More LANUZA v. BF CORPORATION G.R. No. 174938 October 1, 2014 Piercing the Veil of Corporate Fiction

Corporation Law, Mercantile Law

Legaspi Towers vs. Muer G.R. No. 170783 Derivative Suits

FACTS: Pursuant to the by-laws of Legaspi Towers 300, Inc., petitioners, incumbent Board of Directors, set the annual meeting of the members of the condominium corporation and the election of the new Board of Directors. However, petitioners adjourned the meeting for lack of quorum. The group of respondents challenged the adjournment of the meeting and… Read More Legaspi Towers vs. Muer G.R. No. 170783 Derivative Suits

Corporation Law, Mercantile Law

BELO MEDICAL GROUP v. JOSE SANTOS GR No. 185894, Aug 30, 2017 Intra-Corporate Controversy, “Relationship Test”, “Nature of Controversy Test”

FACTS: Belo Medical Group received a request from Jose Santos for the inspection of corporate records. Belo objected to this request and wrote Belo Medical Group to repudiate Santos co-ownership of her shares and his interest in the corporation, claiming that the 25 shares in his name were merely in trust for her, as she,… Read More BELO MEDICAL GROUP v. JOSE SANTOS GR No. 185894, Aug 30, 2017 Intra-Corporate Controversy, “Relationship Test”, “Nature of Controversy Test”

Corporation Law, Mercantile Law

HEIRS OF FE TAN UY v. INTERNATIONAL EXCHANGE BANK, G.R. No. 166282, February 13, 2013 Piercing the Veil of Corporate Fiction, Alter Ego Doctrine

FACTS: Respondent iBank, granted loans to Hammer Garments Corp., for the total amount of P24,938,898.08. The loans were secured by a P 9 Million-Peso Real Estate Mortgage executed by Goldkey over several of its properties and a P 25 Million-Peso Surety Agreement signed by Chua, President and General Manager of Hammer and his wife, Fe… Read More HEIRS OF FE TAN UY v. INTERNATIONAL EXCHANGE BANK, G.R. No. 166282, February 13, 2013 Piercing the Veil of Corporate Fiction, Alter Ego Doctrine

Corporation Law, Mercantile Law

SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

FACTS: San Jose was elected Corporate Secretary and as a member of the Board of Directors of Philcomsat Holdings Corporation (PHC) since 1996 until he resigned and ceased to be connected with PHC in 2007. He was then replaced Angcao as the Corporage Secretary. Angcao received a letter from Ozamiz, a stockholder of PHC requesting… Read More SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

Corporation Law, Mercantile Law

BANK OF COMMERCE vs. RADIO PHILIPPINES  G.R. No. 195615 April 21, 2014 Merger and De Facto Merger, Corporation Code

FACTS: Traders Royal Bank (TRB) proposed to sell to petitioner Bank of Commerce (Bancommerce) for its banking business consisting of specified assets and liabilities. Bancommerce agreed subject to prior BSP’s approval of their Purchase and Assumption (P & A) Agreement. The BSP approved that agreement subject to the condition that Bancommerce and TRB would set… Read More BANK OF COMMERCE vs. RADIO PHILIPPINES  G.R. No. 195615 April 21, 2014 Merger and De Facto Merger, Corporation Code

Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law

Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

What does doing business in the Philippines under the Foreign Investment Act of 1991 mean? (5%) SUGGESTED ANSWER The phrase “doing business in the Philippines“ under the Foreign Investments Act of 1991 include soliciting orders; service contracts; opening offices, whether called liaison offices or branches; appointing representatives or distributors domiciled in the Philippines or who… Read More Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law

2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex

  I. (A) Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook and the finder was able to forge her signature and encash the forged check. Will Nadine be able to recover the amount debited from her checking account from Fair & Square Bank? Justify your answer. (3%)… Read More 2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex

Bar Q & A, Corporation Law, Mercantile Law

Bar Exam 2010 Questions and Suggested Answers in MERCANTILE LAW by the UP Law Center

MERCANTILE LAW Briefly describe the following types of banks: (2% each) universal bank SUGGESTED ANSWER: A universal bank is a commercial bank with two additional powers, namely: (1) the power of an investment house and (2) the power to invest in non-allied enterprises (Section 23, Rep. Act No. 8791, “The General Banking Law of 2000”).… Read More Bar Exam 2010 Questions and Suggested Answers in MERCANTILE LAW by the UP Law Center

Corporation Law

CONCEPT BUILDERS, INC. v. NLRC G.R. No. 108734. May 29, 1996 Doctrine of Piercing the Veil of Corporate Fiction

FACTS: Petitioner Concept Builders, Inc., a domestic corporation, is engaged in the construction business. Private respondents were employed by said company as laborers, carpenters and riggers. Private respondents were served individual written notices of termination of employment by petitioner, stating that their contracts of employment had expired and the project in which they were hired… Read More CONCEPT BUILDERS, INC. v. NLRC G.R. No. 108734. May 29, 1996 Doctrine of Piercing the Veil of Corporate Fiction