ANSWER (see G.R. No.

170783): Since it is the corporation that is the real party-ininterest in a derivative suit, then the reliefs prayed for must be for the benefit or
interest of the corporation. When the reliefs prayed for do not pertain to the
corporation, then it is an improper derivative suit.
The requisites for a derivative suit are as follows:
a) the party bringing suit should be a shareholder as of the time of the act or
transaction complained of, the number of his shares not being material;
b) he has tried to exhaust intra-corporate remedies, i.e., has made a demand on the
board of directors for the appropriate relief but the latter has failed or refused to
heed his plea; and
c) the cause of action actually devolves on the corporation, the wrongdoing or harm
having been, or being caused to the corporation and not to the particular
stockholder bringing the suit.

DECIDE!? NO ANSWER

LECHE!