This case has been cited 1 times or more.
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2014-03-19 |
BRION, J. |
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| Livesey questions the CA's reliance on Laperal Development Corporation v. Court of Appeals,[34] Sunio, et al. v. NLRC, et al.,[35] and Palay, Inc., et al. v. Clave, etc., et al.,[36] in support of its ruling that Elliot is not liable to him for the LA's award. He argues that in these cases, the Court upheld the separate personalities of the corporations and their officers/employees because there was no evidence that the individuals sought to be held liable were in bad faith or that there were badges of fraud in their actions against the aggrieved party or parties in said cases. He reiterates his submission to the CA that the circumstances of the present case are different from those of the cited cases. He posits that the closure of CBB and its immediate replacement by Binswanger could not have been possible without Elliot's guiding hand, such that when CBB ceased operations, Elliot (CBB's President and CEO) moved to Binswanger in the same position. More importantly, Livesey points out, as signatory for CBB in the compromise agreement between him (Livesey) and CBB, Elliot knew that it had not been and would never be fully satisfied. | |||||