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uant to Article 212(e) of the Labor Code, which reads: Employer includes any per
son acting in the interest of an employer, directly or indirectly. The term shal
l not include any labor organization or any of its officers or agents except whe
n acting as employer.
However, Article 212(e) of the Labor Code, by itself, does not make a corporate
officer personally liable for the debts of the corporation because Section 31 of
the Corporation Code is still the governing law on personal liability of office
rs for the debts of the corporation.
Case 9:
********Case Digest**********
Facts:
The Gonzales family owned two corporations, namely, the PNEI and Macris Realty C
orporation (Macris). PNEI provided transportation services to the public, and ha
d its bus terminal at the corner of Quezon and Roosevelt Avenues in Quezon City.
The terminal stood on four valuable pieces of real estate (known as Pantranco p
roperties) registered under the name of Macris. 9[9] The Gonzales family later i
ncurred huge financial losses despite attempts of rehabilitation and loan infusi
on. In March 1975, their creditors took over the management of PNEI and Macris.
By 1978, full ownership was transferred to one of their creditors, the National
Investment Development Corporation (NIDC), a subsidiary of the PNB.
LA.... It being a corporation with a distinct and separate personality, its asse
ts could not answer for the liabilities of PNEI. Considering, however, that PNBMadecor executed a promissory note in favor of PNEI for P7,884,000.00, the writ
of execution to the extent of the said amount was concerned was considered valid
. The LA granted the Third Party Claim of PNB Madecor, owners of the PNEI proper
ties subject of the Labor dispute.
NLRC affirmed the decision of the LA.
CA affirmed the NLRC resolutions.
Issue/s: (1) Whether they can attach the properties (specifically the Pantranco
properties) of PNB, PNB-Madecor and Mega Prime to satisfy their unpaid labor cl
aims against PNEI.
Held: (1) Negative. The subject property is not owned by the judgment debtor, th
at is, PNEI. Nowhere in the records was it shown that PNEI owned the Pantranco p
roperties. Petitioners, in fact, never alleged in any of their pleadings the fac
t of such ownership.
The power of the court in executing judgments extends only to properties unquest
ionably belonging to the judgment debtor alone. To be sure, one mans goods shall
not be sold for another mans debts. A sheriff is not authorized to attach or le
vy on property not belonging to the judgment debtor, and even incurs liability i
f he wrongfully levies upon the property of a third person.
Corporation.
Case 10:
********Case Digest**********
Facts: Petitioner Gloria V. Gomez used to work as Manager of the Legal Departmen
t of Petron Corporation, then a government-owned corporation. With Petrons priva
tization, she availed of the companys early retirement program and left that org
anization on April 30, 1994. On the following day, May 1, 1994, however, Filoil
Refinery Corporation (Filoil), also a government-owned corporation, appointed he
r its corporate secretary and legal counsel, with the same managerial rank, comp
ensation, and benefits that she used to enjoy at Petron.
Issue/s: Whether Petitioner GOMEZ is an ordinary employee or a corporate officer
. WON the NLRC has jurisdiction over the case.
Held:Gomez is an ORDINARY EMPLOYEE, therefore NLRC has jurisdiction over the com
Case 11:
********Case Digest**********