This case has been cited 2 times or more.
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2014-02-05 |
REYES, J. |
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| Applying the foregoing to the present case, the LA had the original jurisdiction over the complaint for illegal dismissal because Cosare, although an officer of Broadcom for being its AVP for Sales, was not a "corporate officer" as the term is defined by law. We emphasized in Real v. Sangu Philippines, Inc.[32] the definition of corporate officers for the purpose of identifying an intra-corporate controversy. Citing Garcia v. Eastern Telecommunications Philippines, Inc.,[33] we held:" 'Corporate officers' in the context of Presidential Decree No. 902-A are those officers of the corporation who are given that character by the Corporation Code or by the corporation's by-laws. There are three specific officers whom a corporation must have under Section 25 of the Corporation Code. These are the president, secretary and the treasurer. The number of officers is not limited to these three. A corporation may have such other officers as may be provided for by its by-laws like, but not limited to, the vice-president, cashier, auditor or general manager. The number of corporate officers is thus limited by law and by the corporation's by-laws."[34] (Emphasis ours) | |||||
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2011-01-19 |
DEL CASTILLO, J. |
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| "`Corporate officers' in the context of Presidential Decree No. 902-A are those officers of the corporation who are given that character by the Corporation Code or by the corporation's by-laws. There are three specific officers whom a corporation must have under Section 25 of the Corporation Code. These are the president, secretary and the treasurer. The number of officers is not limited to these three. A corporation may have such other officers as may be provided for by its by-laws like, but not limited to, the vice-president, cashier, auditor or general manager. The number of corporate officers is thus limited by law and by the corporation's by-laws."[22] | |||||