This case has been cited 4 times or more.
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2009-07-30 |
NACHURA, J. |
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| The applicable law, therefore, confers jurisdiction on the RTC or the MTCs over probate proceedings depending on the gross value of the estate,[16] which value must be alleged in the complaint or petition to be filed. Significantly, in this case, the original petition docketed before the trial court contains only the following averments:x x x x | |||||
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2005-11-25 |
AZCUNA, J. |
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| We, however, agree with petitioners that there was no basis to pierce CLC's separate corporate personality. To disregard the corporate existence, the plaintiff must prove: (1) Control by the individual owners, not mere majority or complete stock ownership, resulting in complete domination not only of finances but of policy and business practice in respect to a transaction so that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own; (2) such control must have been used by the defendant to commit fraud or wrong, to perpetuate the violation of a statutory or other positive legal duty, or a dishonest and unjust act in contravention of the plaintiff's legal right; and (3) the control and breach of duty must proximately cause the injury or unjust loss complained of. The absence of these elements prevents piercing the corporate veil.[13] The evidence on record fails to show that these elements are present, especially given the fact that plaintiffs' complaint had pleaded that CLC is a corporation duly organized and existing under the laws of the Philippines. | |||||
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2004-01-16 |
QUISUMBING, J. |
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| However, none of the four (4) affiants was presented during the formal hearings conducted by the CSC-CAR. Hence, their sworn affidavits must yield to the sworn declaration of the prosecution witnesses who testified on the veracity of the statements in their affidavits and stood firm despite cross-examination by petitioner's counsel. We have long held that affidavits are deemed hearsay evidence because the adverse party is deprived of the opportunity to cross-examine the affiants. Hence, affidavits are generally deemed inadmissible or rejected outright unless the affiants themselves are placed on the witness stand to testify thereon.[31] | |||||
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2000-10-13 |
PARDO, J. |
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| The tests in determining whether the corporate veil may be pierced are: First, the defendant must have control or complete domination of the other corporation's finances, policy and business practices with regard to the transaction attacked. There must be proof that the other corporation had no separate mind, will or existence with respect the act complained of. Second, control must be used by the defendant to commit fraud or wrong. Third, the aforesaid control or breach of duty must be the proximate cause of the injury or loss complained of. The absence of any of the elements prevents the piercing of the corporate veil.[43] | |||||