G.R. No.

198436

PIONEER INSURANCE SURETY CORPORATION, Petitioner,

vs.
MORNING STAR TRAVEL & TOURS, INC., ESTELITA CO WONG, BENNY H. WONG, ARSENIO
CHUA, SONNY CHUA, AND WONG YAN TAK, Respondents.

DECISION

LEONEN, J.:

As a general rule, a corporation has a separate and distinct personality from those who represent
it. Its officers are solidarily liable only when exceptional circumstances exist, such as cases
1

enumerated in Section 31 of the Corporation Code. The liability of the officers must be proven by
2

evidence sufficient to overcome the burden of proof borne by the plaintiff.

This case originated from a Complaint for Collection of Sum of Money and Damages filed by
3

Pioneer Insurance & Surety Corporation (Pioneer) against Morning Star Travel & Tours, Inc.
(Morning Star) for the amounts Pioneer paid the International Air Transport Association under its
credit insurance policy. The amounts of P100,479,171.59 and US$457,834.14 represent Morning
Star’s overdue remittances to the International Air Transport Association. 4

Pioneer filed this Petition for Review assailing the Court of Appeals’ February 28, 2011
5

Decision "only insofar as it absolved the individual respondents of their joint and solidary liability to
6

petitioner[,]" and August 31, 2011 Resolution denying reconsideration.

7 8