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SALVADOR O. BOOC v. MALAYO B. BANTUAS

This case has been cited 2 times or more.

2011-06-08
PEREZ, J.
In three (3) separate Informations [3] all dated 12 December 2001 filed with the Regional Trial Court and docketed as Criminal Case Nos. 730-T to 732-T, appellant was accused of the crime of RAPE allegedly committed as follows: That on or about the month of April[,] 2001, in the municipality of  xxx, province of xxx, and within the jurisdiction of this Honorable Court, [Ito Pinic], did then and there wilfully, unlawfully, and feloniously [had] carnal knowledge of one [AAA], a seven (7) year old girl, by means of force and against the latter's will and consent. [4]
2010-11-17
PERALTA, J.
A sheriff has no authority to levy on execution upon the property of any person other than that of the judgment debtor.  If he does so, the writ of execution affords him no justification, for such act is not in obedience to the mandate of the writ.[9]  A sheriff oversteps his authority when he disregards the distinct and separate personality of the corporation from that of an officer and stockholder of the corporation by levying on the property of the former in an action against the latter only.  A corporation is clothed with a personality separate and distinct from that of its stockholders, and that it may not be held liable for the personal indebtedness of its stockholders.[10]