Far Eastern University

Institute of Tourism and Hotel Management

Sustainable Hospitality – HOM 1105
1st Semester AY 2021-2022

‘’FINAL REQUIREMENT’’

•Constitutional Law
BRUCE WAYNE DEVRIES v. STATE OF ARKANSAS

FACTS OF THE CASE The victim in this case is Bruce Wayne De Vries, an adopted teenage
daughter of AD and PD. When adopted by Devries, the AD was 13 and the
PD was 12. During the trial, AD, then 16 years old, testified that Devries
generally made her uncomfortable and always made sexual comments. In
particular, she saw him taking a shower through the bathroom window,
found a baby monitor in the corner of the bathroom and in her bedroom,
and found a hole in the wall between him and her. She said he repeatedly
sent her a text message asking for nudity.
ISSUE/S Can Devries be prosecuted for video voyeurism?
RULING A person "uses a camera, videotape, opto-optical, photoelectric, or other
imaging device to secretly observe, display, photograph, film, or videotape"
a person staying in a place of residence. By doing so, you commit the crime
of video voyeurism. ". If the person is in a private area outside public view,
reasonably expects privacy and does not agree to observation, the business,
school, or other structure or room within that structure or Of a special
place.
The court finds his argument unpersuasive. The victims in this case were in
private areas of their home, and the jury was presented with evidence that
they had not consented to Devries' actions.

ROLANDO CAHILOG v. ATTY. ANDREI A. ANDRESAN and ATTY. YUL BERNIE

L.CURADA

FACTS OF THE CASE A sex video with AAA, a minor of Rolando Cahilog, has been uploaded to the
internet It has begun to spread throughout the state. AAA has issued a
Judicial Affidavit (JA) claiming that:
(1) She met Cahilog at the Christmas disco. (2) They exchanged phone
numbers and sent text messages. (3) They always met each other because
she always got money and sometimes got up to 4 kg. (Four) Cahilog
threatened to stop giving presents without sexual intercourse. (Five) They
had sexual intercourse. When (6) She was shocked, frightened, and
humiliated when she learned that videos of sexual intercourse with the
petitioner were available on the Internet. However, AAA later issued an
 affidavit stating "yes." Will be canceled
ISSUE/S Can Cahilog still be convicted despite of AAA’s Sworn Statement?
RULING Revocation or affidavits are usually seen with suspicion and reservation.
Without exception, jurisprudence has determined that such affidavits are
very unreliable, as they are usually readily available from poor and ignorant
witnesses, usually intimidation or money. Revocation is, at best,
retrospective thinking and should not be given evidence value.

Courts are familiar with plans to sell sexual favors from the poor in
exchange for or in return for financial or other necessary gains. Therefore,
AAA is very likely to withdraw the complaint as it loses the continued
benefits of Cahilog. Witnesses are prejudiced if the problem or relationship
with the party has the motive to exaggerate or misrepresent his testimony,
suppress or distort the truth, or say something is wrong. Is considered.

Gaanan v IAC

FACTS OF THE CASE Applicant Atty on the morning of October 22, 1975. Tito Pintor and his
customer Manuel Montebon were in the living room The petitioner's place
of residence regarding the conditions for withdrawing the personal injury
complaint submitted, Cebu City Tax Office for Leonardo Laconico. After
determining the proposed terms, the petitioner was called Laconico. That
same morning, Laconico called the applicant, a lawyer, to come to his office
and advise him on resolving the assault case directly through his regular
lawyer, Ati. Leon Gonzaga was on a business trip. Upon request, the
petitioner went to Laconico's office, where he was informed of the problem.
When the petitioner called, Laconico asked the petitioner to secretly listen
to the telephone conversation over the extension to find the proposed
terms of the settlement personally.
ISSUE/S The WON extension is one of the devices prohibited by Article 1 of the Act,
so using it to eavesdrop on personal conversations can lead to improper
eavesdropping on communication between two parties over a telephone
line. Become.
RULING Due to the delicate nature of electronic equipment and the technical
problems caused by the particularly high loads that telephone cables need
to carry in certain areas, telephone users often come across what are called
"crossroads". If a careless citizen happens to pick up a cell phone and hear
the details of the crime, law 4200 lawmakers are accused of secretly
personally communicating with the criminal using their cell phone. If you
know there is a possibility, you may hesitate to notify law enforcement
agencies. Indeed, the law was not intended for such mischievous
consequences.
However, the main issue in resolving this petition revolves around the
meaning of the phrase "other device or deployment." Is the expansion of
the phone unit a device or arrangement that releases the user with a 6-
month to 6-year imprisonment with the additional penalty of unlimited
absolute disqualification of civil servants?
 Ramirez v. CA

FACTS OF THE CASE Plaintiff Socorro D. Ramirez has filed a civil suit in the Quezon City District
Court seeking damages. Personal contact Ester S. Garcia is said to have
irritated insulted and humiliated her during a dispute in her office. "Morally
aggressive, good" in a way that is "hostile and angry" and offensive to the
dignity and personality of the supplicant. In support of her allegations, the
petitioner provided a verbatim copy of the case. The records underlying the
civil proceedings were taken from a tape recording of the petitioner's
dispute. As a result of the claimant's record of the case and the allegations
that the above act of secretly recording the conflict is illegal. A private
defendant told the RTC that he had violated Republic Act 4200. To punish
eavesdropping and other related private communications and violations of
other purposes.
ISSUE/S Does RA 4200 apply to recording private conversations by one of the
interlocutors?
RULING Yes First of all, the legislature is mainly determined by the wording of the
law. If the wording of the law is clear and clear, the law shall be applied in
accordance with its explicit provisions. Interpretation is literally impossible,
absurd, or R.A. Injustice Section 1 4200 Offer: o It is illegal for anyone who is
not authorized or spoken to for private communication by all parties
Listening, intercepting, or secretly using words, tapping wires or cables, or
using other devices or arrangements Record such communication or spoken
language, or use a device commonly known as a dictation machine or
dictation machine. Detectaphone, Walkie talkie, tape recorder, or other
description.

NAVARRO vs CA, August 26, 1999

FACTS OF THE CASE Stanley Jalbuena and Enrique "Ike" Lingan, around 8:40 pm on February 4,
1990, Lucena's radio station DWTI reported that he went to Entertainment
City with Mario Iragan. Shows a naked dancer. After the three sat at the
table and ordered beer, a lightly dressed dancer appeared on stage. The
strip act has started running. When she took off her bra, Jalbuena took out
his camera and took a picture. At this point, floor manager Dante Liquin and
security guard Alex Sioco approached and requested Jalbuena. I know why
he took the picture. Jarbuena replied, "Warakampaki Aram, because that's
my job." Jarbuena saw Shioko trying to pull a weapon and ran out of his
joints, followed by his companions. Jarbuena and his associates went to the
police to report the problem. Three police officers on duty, including the
petitioner Navarro, drank outside the police station and asked Jarbuena and
his associates to join them. Jalbuena refused and went to report the
incident to Sgt. Añonuevo. After a while, Rikin and Shioko arrived on their
bikes.
ISSUE/S Whether or not the tape is allowed from the perspective of R.A. No.4200.
RULING Yes first. The petitioner Navarro casts doubt on the credibility of Jarbuena's
testimony because he was a biased witness. He has a grudge against him.
Witness testimony interested in the accused's conviction does not support
this I can't trust it just for a reason. Court court with the opportunity to
observe witnesses' facial expressions, gestures and voices He is empowered
to testify and decide if his testimony should be believed. In this case, the
petitioner Navarro does not indicate that the court did not accept the
testimony. Jarbuena. In fact, Jalbuena's testimony is confirmed by audio
recordings made. You may be asked if the tape is designed for R.A. It is
acceptable. No.4200 that prohibits wire cutting. The answer is in positive.

Chavez vs. Gonzales, G.R. No. 168338, February 15, 2008

FACTS OF THE CASE The case dates back to a year after the 2004 national and local elections. On
June 5, 2005, spokesman Bunye told reporters that the opposition was
planning to pass the government. Audio tape released from a mobile phone
conversation with Philippine President Gloria Macapagal Arroyo (GMA) and
Senior Election Commissioner (COMELEC). The conversation is allegedly
recorded by wiretapping
ISSUE/S Whether the behavior of respondents violates freedom of expression and
freedom of the press.
RULING Yes. Government measures to limit freedom of expression and press based
on content will be carefully scrutinized The government is responsible for
overcoming the alleged unconstitutionality through a clear and present
danger. This rule applies equally to all types of media, including broadcast
media.
Based on law firm files, respondents responsible for demonstrating that
these actions do not limit freedom of expression and press have failed a
clear and current risk assessment. The big evil that the government is trying
to prevent is Eavesdropping protection law.

Capuchino vs. Apolonio, A.M.No. P-04-1771, September 5, 2011

Petitioner Atty. Cappuccino was the defendant's lawyer in the injured

FACTS OF THE CASE criminal case (People v Marirose Valencia) Br 2 of BP Blg 22 submitted to
MTCC in Santiago, Isabela o Defendant Marirose Valencia (Valencia) was
found guilty of a crime and sentenced to private payment Claimant
Reynaldo Valmonte (Valmonte) 120,000 pesos and 12% annual interest It is
calculated from the date of filing the criminal proceedings. Atty. Cappuccino
has filed a conviction for an MR in Valencia. He tried to make the case with
Valmonte friendly until the MR disbanded. enclose
ISSUE/S Whether the accused employee violated the norms and standards of judicial
services.
RULING Yes. Their collaborative act-by: Leading Atty. A lawsuit involving Cappuccino
and Valencia in the trial, having them participate in a conversation about
the money deposited in Duque, recording the conversation without
 knowledge of Cappuccino and Valencia, and later filing the recorded
conversation against Duque. Use as a basis for-configures cheating.
Santiago's claim that he forgot who rented the tape recorder and for what
purpose is unreliable. The court found that there was hostility between the
judge and the officials of the court. When the case was asked by Judge Plata
to investigate, he hesitated because of the defendant. He filed a complaint
against him and he also began criminal proceedings against all of them. The
complaint against Duque was from Taguba. Start Originally signed only by
Tagba, other respondents were told by then-Judge Hilario G. Davide Jr.
(later A.M. No. P051958).

A.C. No. 10760

FACTS OF THE CASE Two other complaints, CBD case number 123369 and CBD case number
123458, were filed by Atty. Darangin. In CBD case number 123369, Atty.
Dalangin has requested the release of Atty. Torres and Athi. Andres for
serious illegal activity, Violation of attorney's oath and violations of Rules
1.01 and 1.02, CPR Canon 1. He claimed that both lawyers were colluding
with the client when filing CBD case number 113215, despite violating the
Republic. Act (R.A.) No. 4200, also known as the wiretapping prevention
law. An affidavit was submitted by Nonilo Alejo (Alejo) to support CBD Case
# 113215. This included a copy of what was recorded. Telephone
conversation between Alejo and Wilma Pineda. The recording was made
without the prior knowledge and consent of Pineda.
ISSUE/S I won Atty. Torres and Athi. Andres violates the wiretapping prevention law
RULING The court upheld the IBP's decision to dismiss the administrative complaint
filed by Atty. Dalangin vs Atty. Torres And atty. Andre. At AC No. 10760,
Atty. Dalangin sought to support his complaint, citing allegations of Atty's
involvement. Torres And atty. Andres violates the wiretapping prevention
law. He claimed that the act also violated the lawyer's oath and CPR Canon
1, Rules 1.01 and 1.02. CANON 1 A LA WYER is provided to maintain the
Constitution, comply with national law and promote respect for the law.
Legal procedure. Rule 1.01 Attorneys must not behave illegally,
fraudulently, immorally, or fraudulently. Rule 1.02 Attorneys may not advise
or support activities aimed at ignoring the law or reducing confidence in the
legal system.

•Civil Law (Transportation Law, Torts and Damages, Partnership)

JAPAN AIRLINES vs. SIMANGAN

FACTS OF THE CASE The interviewee had to go to the United States to donate kidneys for the
sick cousin. Respondents purchased a round-trip trip after obtaining a U.S.
emergency visa The petitioner's ticket JAL. He was scheduled to fly to LA via
Japan upon. On the day of his escape the interviewees underwent strict
 immigration and security controls. Routine before boarding a JAL aircraft.
On the plane, the respondent was asked to show his journey document.
After that, he was ordered by the crew to disembark. Respondents carry
forged travel documents. The defendant defended, He was ignored and
forced to get off the plane. The plane took off, Respondents were late.
ISSUE/S WON JAL is guilty of violating the contract of carriage. WON Simangan is
entitled to moral and punitive damages.
RULING JAL is guilty of violating the contract of carriage and will be liable for
damages. JAL's petition has been rejected. The CA decision was confirmed
in the amendment. 500K ED, 100K ED, 200K AF.

Trans-Asia Shipping Lines vs. CA (GR 118126, 4 March 1996)

FACTS OF THE CASE Atty. Prosecutor Renato Arroyo purchased a ticket from Trans-Asia Shipping
Lines. M / V Asia An island shipping company for the voyage of ships to
Thailand The city of Cagayan de Oro from the city of Cebu on November 12,
1991. On the second day, Arroyo boarded an M / V Asian Thai vessel. In
doing so, Arroyo noticed a few things. The ship's engine has been repaired.
The ship fell Around 11:00 pm, only one engine is running. After an hour of
slow travel, the ship We stopped near Kawit Island and anchored there.
After 30 minutes of silence, some Passengers were unable to return to Cebu
City and asked for permission We will be more than happy to continue our
trip to the city of Cagayan de Oro. Captain participated [sic] At her request,
the ship returned to Cebu City. Together in Cebu City, Arroyo With other
passengers who wanted to be returned to Cebu City Get out. Then the ship
went to the city of Cagayan de Oro. Arroyo, the next day, I boarded M / V
Asia Japan for a voyage to the city of Cagayan de Oro. TransAsia
ISSUE/S The cause of the delay or interruption was Trans-Asia’s failure to observe
extraordinary diligence.
RULING According to Article 2208 of the Civil Code, attorney's fees are Actual
damage, not moral damage or legal costs. Therefore, it is worth such an
award I agreed that I need to prove the amount. Moreover, such things
must be clearly prayed. It should not be seen as part of a general prayer for
"with such other salvation." Remedies that the court considers fair and
impartial. Statement that "plaintiff was extorted" To file a proceeding so
that he can claim moral and punitive damages for his suffering. Does not
meet the required standards of "factual, legal and fair justification" that
have arisen As a basis for awarding attorney fees. In summary, the awards
for de facto and lack of legal basis Attorney fees will be removed.

Air France v. Carrascoso

FACTS OF THE CASE Civil engineer Carascoso was an Air France first-class passenger on his way
to Rome for a pilgrimage. He traveled from Manila to Bangkok in "first
class", but the Air France manager forced him to vacate his seat in favor of a
"white man" with "better seat rights". Carascoso has filed for non-monetary
 damages and has filed a complaint depending on the contract of carriage
between Air France and himself. Air France argues that there must be
fraudulent or malicious allegations in order for non-financial damage to be
accepted, and Carascoso's complaints are silent.
ISSUE/S Whether Carrascoso is eligible to judge moral harm
RULING The above content basically states as follows. First, there was a contract to
provide plaintiffs with first-class walkways, including the Bangkok-Tehran
route. Second, the above contract was broken when the petitioner was
unable to provide first-class transportation in Bangkok. Third, the
petitioner's clerk had Carascoso leave the first class berth "after seating" to
sit in the tourist class, causing inconvenience, embarrassment, and
humiliation, which caused emotional distress and serious fear. Was
dishonest. It hurts emotions, causes social humiliation, and causes moral
harm. It is true that the term dishonesty is not explicitly mentioned in
complaints. But the malicious conclusion is there. You can infer from the
facts and circumstances described there. The contract was made to
establish a relationship between the parties. But the focus of action is on
illegal expulsion.

Lara vs. Valencia (GR L-9907, 30 June 1958)

FACTS OF THE CASE Demetrio Lara went to Brigitte R. Valencia's logging rights in Paran.
Cotabato talks about instructions from his boss to classify defendant's
protocol After that, it was ready to be exported and loaded on a ship
moored at Paran Port. It took Lara took six days to work with malaria fever,
which is why he showed his desire to return to Davao soon. At that time,
there were no buses available He was able to bring it back to Davao, so he
asked Valencia if he could bring it back on his own. Collection. Valencia
agreed and took other passengers with Lara, most of them They were civil
servants. Valencia just adopted them, not Charge them for the service. It
was their understanding when they arrived in Barrio Samoai, passengers
get off and change to a regular bus Davao, but unfortunately nothing was
available at the time, so the same passengers I asked Valencia, including
Lara, to take her back to Davao. Valencia again When they were contained
and reached 96 km, Lara accidentally fell and was fatally injured.
ISSUE/S The federal court withheld the disputed decision without specifying the
cost.
RULING The incident may be due to a lack of care on the part of the deceased. The
pickup was open and crouched. In fact, the law stipulates that: Passengers
must take care of good family members so as not to hurt themselves.
(Article 1761, New Civil Code), which means if a passenger is injured The
carrier cannot be held liable if it is directly caused by its own negligence.

Diaz vs. CA, GR 149749

FACTS OF THE CASE The petitioner, Agapita Diaz, operated the Tammaraw FX Taxi, a joint
 transportation company that operates routes from the city of Cagayan de
Oro to any point in Region 10. On July 20, 1996, the petitioner's taxi driven
by Armand Letes crashed behind a Hino truck owned by private interviewee
Theodoro Lantoria and driven by private interviewee Rogerio Francisco. At
that time, I was driving at overspeed. As a result, nine taxi passengers,
including Sherry Moneno, were killed.
ISSUE/S WON's Court of Appeals has significant power in upholding the Court of
First Instance's decision to deny the petitioner's request for permission to
present evidence in support of her defense and the actions of a third party.
I have committed abuse. , WON confirmed that the petitioner was liable for
a breach of the contract, committing a serious abuse of power when the
court of first instance ruled.
RULING The petition is complete. First, Section 3 of the Justice, Rule 18, states that
pre-procedural notices must be submitted to a lawyer or a party without a
lawyer. The notified attorney is obliged to notify the party he represents.

RCL of Singapore, et. Al vs. The Netherlands Insurance Co., GR 168151

FACTS OF THE CASE On October 20, 1995, 405 boxes of epoxy molded compounds were posted
for shipping. From Singapore to Manila for Temic Telefunken
Microelectronics Philippines (Temic). U cargo Singapore PTE Ltd. (UFreight
Singapore) is a Singapore-based freight forwarding company Service
provided by Pacific Eagle Lines PTE. Co., Ltd. (Pacific Eagle) Transports the
cargo in question. Cargo Packed, stored and sealed in a freezer container by
Pacific Eagle. How was the price The interior of the container had to be kept
at a temperature of 0 ° C, as it is perishable. After that, Pacific Eagle loaded
the freezer container on its own ship, M / V Piya Bhum. From RCL where
Pacific Eagle has signed a slot charter contract. RCL officially has its own
invoice. Release Charging using Pacific Eagle. Netherlands to prevent lost or
damaged cargo The insurance company issues an open marine policy in
favor of Temikku,
ISSUE/S CA legitimately acknowledges that RCL and EDSA Shipping are responsible
as a joint shipping company. Negligence theory estimation.
RULING This case is based on the following provisions of the Civil Code. art. 1733.
Shipping company due to the nature of the business and general reasons
The policy is obliged to monitor the goods, The safety of the passengers
they are transporting, depending on all circumstances of the individual case.
Such special consideration in the supervision of goods is also shown in
Article 1734. 1735 and 1745, No. 5, 6, 7, Passengers are also stipulated in
Articles 1755 and 1756. art. 1734. Common carriers Unless these are turned
on, you will be responsible for lost, destroyed or deteriorated items. Only
the following causes.

MRR vs. Ballesteros, 16 SCRA 641

FACTS OF THE CASE The private defendant here, the plaintiff below, was the petitioner's bus
 passenger and driver. It was Jose Anastasia. At Bayombong in Nueva
Vizcaya, Anastasia stopped the bus and got off. Replace the defective spark
plug. During this occupation, Dionisio Abello was an auditor He was
assigned to the defendant company by the Central Audit Office and took
control, The driver is sitting elsewhere. Buses kept going from time to time
while Avero was driving Time to stop to pick up passengers. Anastacio tried
to regain the handle twice, but Abello You can't do without it. Then, in the
district court's words, "while the bus is negotiating." km. Truck between
posts 328 and 329 (Isabella). .. .. Driven by Marshall No Cam. .. .. I went to
Manila and negotiated at the same place. When these two vehicles were
about to close Meet Marcial Nocum at the corner of the road to avoid some
holes in the right lane. Where his truck went, his truck was rushing towards
the middle of the road, etc. The left front fender and the left side of the
truck broke the left side of the bus This caused enormous damage to the
body of the bus and injured 17 people on the bus. Passenger. The plaintiff is
included here.
ISSUE/S Whether Dionisio Abello acted negligently while driving the complainant's
bus At the time of the accident; whether the petitioner may be held liable
for such negligence He was not his employee.
RULING The requested complaint will be rejected at the expense of the petitioner.
These are unjustified questions justifying the issuance of an injunction.
Prayed for. The first is the fact that the defendant court agrees. We cannot
verify. And the second is definitely one Of the above provisions of the Civil
Code and the Automobile Law. There will be It doesn't make sense to
answer the phone before long.

Bacarro vs, Castano, 118 SCRA 187

FACTS OF THE CASE Defendant Castano boarded a jeep driven by Plaintiff Monte Falcon, after
which Monte Falcon I drove it at about 40 km / h. When approaching the
Sumasap Bridge at the specified speed, The truck comes from behind and
uses its horn to signal that it is about to overtake the jeep. Jeep turned right
without changing speed, leaving both vehicles I ran a distance of about 20
meters side by side. Then when the jeep was left behind The driver couldn't
get it back into the old lane and instead drove at an angle or at an angle The
terrain was sloping to the right until it fell into a ditch that nailed and
crushed Castanos. So right foot. Castano has filed a proceeding against
Rossita Bacarro, William Sevilla and Felario for damages. Monte Falke.
Defendants alleged that the jeepney was wiped sideways by an overtaking
truck. After the trial, the CFI ordered Misamis Oriental Bakaro and others.
Pay Castano jointly and individually. This was confirmed by the CA regarding
the appeal.
ISSUE/S Whether the jeepney driver is partially responsible.
RULING Yes, In fact, supplicant driver Monte Falcon didn't slow down, but instead
Even when overtaking, Jeep continued to drive at about 40 kilometers per
hour. The trucks drove about 20 meters side by side and were walking at
that time. He was called by a truck driver. Therefore, if the Monte Falcon
 was slowing down the jeep when overtaking, Instead of walking alongside
the truck, there was no contact, accident. He would have foreseen that the
vehicle would get faster and faster at the speed he was driving. The truck
was too close to the jeep as it approached the bridge and the road
narrowed and finally wipe it sideways. In other words, he should have let go
of his jeep Two vehicles couldn't cross the street, so he turned right to give
way to the truck. Bridge at the same time.

•Corporation Law

Feliciano vs. Commission on Audit

[GR 147402, 14 January 2004]

FACTS OF THE CASE The dedicated audit team of Regional Office No. VIII of the Audit Committee
(COA) was audited. Leyte Metropolitan Water District (LMWD) account.
After that, LMWD A letter from the COA dated July 19, 1999 requesting
payment of the exam fee. As general manager From LMWD, Ing. RanulfoC.
Feliciano sent a reply dated October 12, 1999 to notify the COA. Regional
director who could not pay the inspection fee for the water district.
Feliciano quoted as the basis For his proceedings, PD198 §§6 and 20, and
RA6758 §18. The director introduced Feliciano's response to the COA Chair
on October 18, 1999. October 19th In 1999, Feliciano created a COA
through the Regional Director and requested a refund of all exam fees.
LMWD previously paid to COA. On March 16, 2000, Feliciano received a
January 3, 2000 resolution from COA President Serso D. Gangan, who
refused to apply for termination of the COA. To stop billing inspection
services and inspection fees to LMWD.
ISSUE/S Whether the local water supply district (“LWD”) is state-owned or managed
group.
RULING The Constitution allows two classes of business. Initially related to private A
company established under the general law. The second is state-owned or
under control A society established by a special charter. The constitution is
Private enterprises, except by general law applicable to all citizens. Its
purpose The provisions of the Constitution are a ban on private enterprises
established by special law. In the past, certain individuals, families, or
groups have been given special privileges denied by other citizens. In short,
Congress cannot legislate to establish a private company with special
legislation. Like that The law would be unconstitutional. Partnerships can
only exist under general law. When A legal entity is private and must exist in
accordance with general law. To put it another way A legal entity
established under common law can be considered a legal entity. Current A
law that the general law is a company law, except that the co-operative law
is a company law. Establishment of co-operatives.
 Magsaysay-Labrador, et. al. vs. Court of Appeals
[GR 58168, 19 December 1989]
Third Division, Fernan CJ

FACTS OF THE CASE On February 9, 1979, Adelaida was a widow and The property of the late
Senator Genaro Magsaysay was brought to the First Court at the time. The
case of Olongapo has filed a proceeding against Artemio Panganiban of
Subic Land Corporation (SUBIC). Registration of certificates of Filipino
manufacturer's bank (FILMANBANK) and Zambales Cancellation of the
transfer agreement signed by the deceased Senator in support of Subic
( (Because TCT 3258 was deleted and TCT 22431 was issued under the name
SUBIC) Cancellation of SUBIC's mortgage contract in favor of FILMAN BANK
(from 28) 2,700,000.00 pesos for the amount of April 1977) and removal of
TCT22431 by registration Certificates, and this is to issue new titles in their
favor. March 7, 1979, Conception MagsaysayLabrador, Soledad
MagsaysayCabrera, Luisa MagsaysayCorpuz, Felicidad The late Senators'
sisters Magsaysay and Mercedes Magsaysay Diaz have moved. Intervention
because her brother gave them half of him on June 20, 1978 Participation
in SUBIC or a total of 416,566.6 shares, and as a transferee The total
number of issued shares of these SUBIC shares is The subject of the dispute
and the legal benefit to the success of the proceedings Regarding Subic.
ISSUE/S Magsaysay's sister, who is considered to be a shareholder of Subic When
the ownership of a company is disputed.
RULING In the light of Section 2, Rule 12 of the Amended Judicial Regulations, this is
Magsaysay. Sisters have no legal stake in the subject of the dispute for them
to intervene In the process. To intervene in a proceeding litigation, the
parties must have a legal or interest in the dispute or success of one party.
Both, or it must be in a position affected by distribution or other disposal Of
property taking care of the court or one of its servants. If you are interested
here All Magsaysay sisters are indirect, accidental, distant, presumptive,
consequential, safety. At least their interest is purely inadequate or
Company management and its profits and participation in property The
company's debt and its assets at the time of dissolution after payment of
the debt.

Sulo ng Bayan vs. Araneta

[GR L-31061, 17 August 1976]
Second Division, Antonio

FACTS OF THE CASE April 26, 1966, Sulo ng Bayan, Inc. Filed a proceeding in court. First instance
of Bulacan, 5th Jurisdiction, Valenzuela, Bulacan against Gregorio Araneta
Inc. (GAI), Paradise Farms Inc., National Water and Wastewater Agency
(NAWASA), Hacienda Caretas Inc. And Bracan Certificate Registration and
Property Recovery Owns a large land in San Jose del Monte, Bulacan,
27,982,250 m², more or less registered under Torrens Title under the name
GAI et al. al. The interests of its predecessor (being a member of society).
 September 2, 1966, GAI (1) Requested to dismiss the corrected complaint
because there was no complaint Counts; (2) Counts, if any, are statutory
and banned. Paradise Farms, Inc. And Hacienda Caretas, Inc.
ISSUE/S Whether companies (excluding stocks) can file proceedings on their behalf
Above all, members to regain certain assets that belong to those members
other.
RULING This is an established doctrine that applies to both corporate doctrine and
equity law. Is an independent legal entity that is considered separate from
individual shareholders or a member who writes it and is not affected by
personal rights, obligations, obligations. Transactions of that shareholder or
member. The property of society is that property They have shares in them,
but not those of shareholders as owners. Registered property In the name
of society it belongs to it as a separate and separate entity member.
Conversely, businesses are usually not interested in their individual assets.
Shareholders are "even if they are a single company" unless they are
transferred to the company. The mere fact that a person is the president of
society does not create the property he owns. Or as an individual president,
owning social property, Companies are different similarities.

Luxuria Homes vs. Court of Appeals

[GR 125986, 28 January 1999]
First Division, Martinez

FACTS OF THE CASE Aida M. Posadas and her two minor children owned 1.6 hectares Sucat,
Muntinlupa occupied by squatter. Posadas entered into negotiations with
Jaime T. Bravo regarding the development of the real estate in a housing
complex. Upon on May 3, 1989, she allowed Bravo to negotiate with a tort
and escape from her property. With written approval, Bravo went to work
and Tort occupants. Meanwhile, about seven months later, on December
11, 1989, Posadas and his children Luxuria Homes, Inc. in the above real
estate. By transfer deed allegedly transferred to For organizational and tax
avoidance purposes. Bravo signed as one of the witnesses of Luxuria
Homes, Inc. Transfer agreement and conclusion of articles of incorporation.
Then, sometime in 1992, a harmonious and friendly relationship between
Posadas and Bravo. Angry when the former was told they couldn't accept
the development management contract 1.6 hectares of assets to residential
parcels suggested by the latter.
ISSUE/S Luxuria Homes, Inc. Was Posadas involved in the completed transaction? It
can be held jointly with Bravo and James Builder Construction, so it can be
held individually. Posadas.
RULING If so, the possibility of a merger and transfer of Luxuria Homes cannot be
said. The property he owned was fraudulently committed by Bravo and
James Builder Construction itself It was carried out with complete
knowledge of Bravo himself, which December 11, 1989 and Luxuria Homes,
Inc. The Articles of Incorporation dated January 26,
, signed by Bravo as a witness.
 Concept Builders Inc. vs. National Labor Relations Commission
(NLRC, First Division)
[GR 108734, 29 May 1996]
First Division, Hermosisima Jr.

FACTS OF THE CASE Concept Builders, Inc. (CBI), a local company headquartered in 355 Maysan.
Road, Valenzuela, Metro Manila are in the construction business and
Norberto is marabé; Rodolfo Raquel, Cristobal Riego, Manuel Giglio,
Falcronio Guidukos, Pedro Avoigar, Norberto Comendador, Rogelio Salute,
Emilio Garcia Jr., Mariano Rio, Paulina Basea, Alfredo Alvera, Paquito Salute,
Domingo Guarino, Romeo Galve, Dominador Sabina, Felipe Radiana, Gabino
Sualivio, Moreno Escares, Ferdinand Torres, Felipe Basilan, Ruben Robalos
Hired by the above company as a handyman, carpenter and rig. November
1981, Marabe, etc al. Individual written CBI termination notices have been
delivered and are in effect. November 30, 1981
ISSUE/S Did the NLRC claim and claim the hacking order correctly HPPI Property
located on the premises of CBI amd/or HPPI at 355 Maysan Road,
Valenzuela, Metro” Manila.
RULING A basic principle of corporate law is that a corporation is a separate legal
entity. It is different from shareholders and other companies that may be
involved. But this The individual and distinct character of a corporation is
nothing more than a fiction created by law. Promote convenience and
equity. Therefore, when there is the concept of a separate legal personality
used to interfere with the public convenience, excuse wrongdoing, defend
against fraud, or defend against crime; Devices that violate labor laws, these
individual enterprises can be ignored. Or pierced the veil of corporate
fiction.

Villa Rey Transit vs. Ferrer

[GR L-23893, 29 October 1968]
En Banc, Angeles

FACTS OF THE CASE Until 1959, José M. Villiarama was a bus driver. Transport under the Villa
Rey Transit brand name per state certificate accommodations provided to
him by the Public Service Commission (PSC) in Case 44213; and The 104651
allowed him to use a total of 32 units on various routes or routes from
Pangasinan to Manila and vice versa. On January 8, 1959, he sold two
government certificates. Amenities for Pangasinan Transport Company, Inc.
(Pantranco) 350,000 pesos. However, the seller (Villiaram) Apply for the
same or competing TPUservice as the buyer from the applicable sale date.
ISSUE/S The condition "must be invalid for 10 years from the date. Sign up for all
TPU services in this sale. BUYER "binding the company in the contract
between Villarama and Pantranco (Villa Rey Transit, Inc.).
RULING Villarama paid the following company's organizational expenses and assets:
trucks and equipment; The original subscriber did not actually pay the
amount. 95,000 pesos and 100,000 pesos Villarama shown on the books
 were used. I have placed it in my work and personal accounts. And the
company paid. Personal account. Villarama himself admitted to mixing his
own with company fundsmoney. This situation is what Villarama It is
difficult to completely deny his claim that he is too deeply involved in the
affairs of the company. It's just a part-time general manager. They show
irrefutable that the company is his assistant ego.

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