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.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…

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Philippine Supreme Court Jurisprudence > Year 2013 > June 2013 Decisions > G.R. NO. 201675, June 19, 2013 -
JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. SPOUSES
ROBERTO AND RACHEL ANG, Respondents. :

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G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING
(BACOLOD), INC., Petitioner, v. SPOUSES ROBERTO AND RACHEL ANG, Respondents.

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SECOND DIVISION

G.R. NO. 201675, June 19, 2013

JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC.,*Petitioner, v.

SPOUSES ROBERTO AND RACHEL ANG, Respondents.

DECISION

CARPIO, J.:

The Case

This petition for review1 assails the Decision2 of the Court of Appeals Cebu (CA-Cebu) dated 20
September 2011 in CA-G.R. SP No. 05546. The CA-Cebu reversed and set aside the Order3 of the
Regional Trial Court, Branch 53, Bacolod City (RTC Bacolod) dated 27 September 2010 in Commercial
Court Case No. OQ-070 entitled Sunrise Marketing (Bacolod), Inc., represented by Juanito Ang v.
Spouses Roberto and Rachel Ang. cralaw lawlibrary

The Facts

Sunrise Marketing (Bacolod), Inc. (SMBI) is a duly registered corporation owned by the Ang family.4 Its
current stockholders and their respective stockholdings are as follows:5
DebtKollect Company, Inc.
chanroblesvirtuallawlibrary

Stockholder Number of Shares

Juanito Ang 8,750
Anecita Ang 1,250
Jeannevie Ang 2,500
Roberto Ang 8,750
Rachel Ang 3,750
Total 25,000

Juanito Ang (Juanito) and Roberto Ang (Roberto) are siblings. Anecita Limoco-Ang (Anecita) is Juanito’s
wife and Jeannevie is their daughter. Roberto was elected President of SMBI, while Juanito was elected as
its Vice President. Rachel Lu-Ang (Rachel) and Anecita are SMBI’s Corporate Secretary and Treasurer,
respectively.

On 31 July 1995, Nancy Ang (Nancy), the sister of Juanito and Roberto, and her husband, Theodore Ang
(Theodore), agreed to extend a loan to settle the obligations of SMBI and other corporations owned by
the Ang family, specifically Bayshore Aqua Culture Corporation, Oceanside Marine Resources and JR Aqua
Venture.6 Nancy and Theodore issued a check in the amount of $1,000,000.00 payable to “Juanito Ang
and/or Anecita Ang and/or Roberto Ang and/or Rachel Ang.” Nancy was a former stockholder of SMBI,
ChanRobles Intellectual Property
but she no longer appears in SMBI’s General Information Sheets as early as 1996.7 Nancy and Theodore
Division are now currently residing in the United States. There was no written loan agreement, in view of the

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4/14/2018 G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…
June-2013 Jurisprudence
A.C. No. 7944, June 03, 2013 - REX POLINAR
DAGOHOY, Complainant, v. ATTY. ARTEMIO V. SAN
JUAN, Respondents.
A.C. No. 4191, June 10, 2013 - ANITA C. PENA,
Complainant, v. ATTY. CHRISTINA C. PATERNO,
Respondent.
G.R. NO. 157020, June 19, 2013 - REINIER PACIFIC
INTERNATIONAL SHIPPING, INC. AND NEPTUNE SHIP
MANAGEMENT SVCS., PTE., LTD., Petitioners, v.
CAPTAIN FRANCISCO B. GUEVARRA, SUBSTITUTED BY
HIS HEIRS, Respondents.
A.C. No. 9537 [Formerly CBD Case No. 09-2489],
June 10, 2013 - DR. TERESITA LEE, Complainant, v.
ATTY. AMADOR L. SIMANDO, Respondent.
G.R. NO. 169214, June 19, 2013 - SPOUSES
MANUEL SY AND VICTORIA SY, Petitioners, v.
GENALYN D. YOUNG, Respondent.
G.R. NO. 173829, June 10, 2013 - VALBUECO, INC.,
Petitioner, v. PROVINCE OF BATAAN, REPRESENTED
BY ITS PROVINCIAL GOVERNOR ANTONIO ROMAN;1
EMMANUEL M. AQUINO,2 IN HIS OFFICIAL CAPACITY
AS REGISTRAR OF THE REGISTER OF DEEDS OF
BALANGA, BATAAN; AND PASTOR P. VICHUACO,3 IN
HIS OFFICIAL CAPACITY AS PROVINCIAL TREASURER
OF BALANGA, BATAAN, Respondents.
G.R. No.171692, June 03, 2013 - SPOUSES DELFIN
O. TUMIBAY AND AURORA T. TUMIBAY-DECEASED;
GRACE JULIE ANN TUMIBAY MANUEL, LEGAL
REPRESENTATIVE, Petitioners, v. SPOUSES MELVIN A.
LOPEZ AND ROWENA GAY T. VISITACION LOPEZ,
Respondents.
G.R. NO. 175773, June 17, 2013 - MITSUBISHI
MOTORS PHILIPPINES SALARIED EMPLOYEES UNION
(MMPSEU), Petitioner, v. MITSUBISHI MOTORS
PHILIPPINES CORPORATION, Respondent.
G.R. NO. 177103, June 03, 2013 - ORIENTAL
SHIPMANAGEMENT CO., INC., ROSENDO C. HERRERA,
AND BENNET SHIPPING SA LIBERIA, Petitioners, v.
RAINERIO N. NAZAL, Respondent.
G.R. NO. 177812, June 19, 2013 - CONCRETE
SOLUTIONS, INC./PRIMARY STRUCTURES
CORPORATION, REPRESENTED BY ANASTACIO G.
ARDIENTE, JR., Petitioners, v. ARTHUR CABUSAS,
Respondent.
G.R. NO. 179492, June 05, 2013 - REPUBLIC OF
THE PHILIPPINES, REPRESENTED BY ABUSAMA M.
ALID, OFFICER-IN-CHARGE, DEPARTMENT OF
AGRICULTURE-REGIONAL-FIELD UNIT XII (DA-RFU
XII), Petitioner, v. ABDULWAHAB A. BAYAO, OSMEÑA
I. MONTAÑER, RAKMA B. BUISAN, HELEN M. ALVARES,
NEILA P. LIMBA, ELIZABETH B. PUSTA, ANNA MAE A..
SIDENO, UDTOG B. TABONG, JOHN S. KAMENZA,
DELIA R. SUBALDO, DAYANG W. MACMOD, FLORENCE
S. TAYUAN, IN THEIR OWN BEHALF AND IN BEHALF
OF THE OTHER OFFICIALS AND EMPLOYEES OF DA-
RFU XII, Respondents.
G.R. NO. 179643, June 03, 2013 - ERNESTO L.
NATIVIDAD, Petitioner, v. FERNANDO MARIANO,
http://www.chanrobles.com/cralaw/2013junedecisions.php?id=399
close relationship between the parties. Part of the loan was also used to purchase real properties for
SMBI, for Juanito, and for Roberto.8 chanroblesvirtuallawlibrary
On 22 December 2005, SMBI increased its authorized capital stock to P10,000,000.00. The Certificate of
Increase of Capital Stock was signed by Juanito, Anecita, Roberto, and Rachel as directors of SMBI.9
Juanito claimed, however, that the increase of SMBI’s capital stock was done in contravention of the
Corporation Code.10 According to Juanito, when he and Anecita left for Canada: chanroblesvirtualawlibrary
x x x Sps. Roberto and Rachel Ang took over the active management of [SMBI]. Through
the employment of sugar coated words[,] they were able to successfully manipulate the
stocks sharings between themselves at 50-50 under the condition that the procedures
mandated by the Corporation Code on increase of capital stock be strictly observed (valid
Board Meeting). No such meeting of the Board to increase capital stock materialized. It
was more of an accommodation to buy peace x x x.11
Juanito claimed that payments to Nancy and Theodore ceased sometime after 2006. On 24 November
2008, Nancy and Theodore, through their counsel here in the Philippines, sent a demand letter to
“Spouses Juanito L. Ang/Anecita L. Ang and Spouses Roberto L. Ang/Rachel L. Ang” for payment of the
principal amounting to $1,000,000.00 plus interest at ten percent (10%) per annum, for a total of
$2,585,577.37 within ten days from receipt of the letter.12 Roberto and Rachel then sent a letter to
Nancy and Theodore’s counsel on 5 January 2009, saying that they are not complying with the demand
letter because they have not personally contracted a loan from Nancy and Theodore.
On 8 January 2009, Juanito and Anecita executed a Deed of Acknowledgment and Settlement Agreement
(Settlement Agreement) and an Extra-Judicial Real Estate Mortgage (Mortgage). Under the foregoing
instruments, Juanito and Anecita admitted that they, together with Roberto and Rachel, obtained a loan
from Nancy and Theodore for $1,000,000.00 on 31 July 1995 and such loan shall be secured by: chanroblesvirtualawlibrary
a) Juanito and Anecita’s fifty percent share over a parcel of land registered in the name
of SMBI;
b) a parcel of land registered in the name of Juanito Ang;
c) Juanito’s fifty percent share in 7 parcels of land registered in his and Roberto’s name;
d) a parcel of land registered in the name of Roberto;
e) a parcel of land registered in the name of Rachel; and
f) Roberto and Rachel’s fifty percent share in 2 parcels of land registered in the name of
their son, Livingstone L. Ang (Livingstone), and in another lot registered in the name
of Livingstone and Alvin Limoco Ang.13
A certain Kenneth C. Locsin (Locsin) signed on behalf of Nancy and Theodore, under a Special Power of
Attorney which was not attached as part of the Settlement Agreement or the Mortgage, nor included in
the records of this case.
Thereafter, Juanito filed a “Stockholder Derivative Suit with prayer for an ex-parte Writ of
Attachment/Receivership” (Complaint) before the RTC Bacolod on 29 January 2009. He alleged that “the
intentional and malicious refusal of defendant Sps. Roberto and Rachel Ang to [settle] their 50% share x
x x [of] the total obligation x x x will definitely affect the financial viability of plaintiff SMBI.”14 Juanito
also claimed that he has been “illegally excluded from the management and participation in the business
of [SMBI through] force, violence and intimidation” and that Rachel and Roberto have seized and carted
away SMBI’s records from its office.15
chanroblesvirtuallawlibrary
The Complaint sought the following reliefs: chanroblesvirtualawlibrary
a) Issuance of an ex-parte Writ of Attachment and/or Garnishment, with a Break Open
Order covering the assets of the spouses Roberto and Rachel Ang, or any interest they
may have against third parties;
b) Placement of SMBI under Receivership pending resolution of the case;
c) Enforcement of Juanito’s right to actively participate in the management of SMBI;
d) Issuance of an Order compelling the Spouses Roberto and Rachel Ang to:
i. Render an accounting of the utilization of the loan amounting to
$2,585,577.37 or P120,229,347.26;
ii. Pay fifty percent of the aforementioned loan, amounting to P60,114,673.62;
iii. Explain why Nancy was removed as a stockholder as far as SMBI’s reportorial
requirements with the SEC are concerned;
iv. Restore Juanito’s right to actively manage the affairs of the corporation; and
v. Pay attorney’s fees amounting to P20,000.00.
On 29 January 2009, the RTC Bacolod issued an Order16 granting the application for an ex-parte writ of
attachment and break open order. Atty. Jerry Basiao, who filed an application for appointment as
Receiver of SMBI, was directed by the RTC Bacolod to furnish the required Receivership Bond.17 On the
same date, Roberto and Rachel moved to quash the writ of attachment and set aside the break open
order and appointment of receiver.18 They claimed that these were issued in violation of their right to due
process:chanroblesvirtualawlibrary
Records of this case would show that the complaint was filed before [the RTC Bacolod] at
2:50 p.m. of January 29, 2009. x x x
xxxx
[C]ounsel for the defendant-spouses went to [the RTC Bacolod] at around 3:00 p.m. on
January 29, 2009 [to inquire on] the status of the case and was informed that the last
pleading on record is his entry of appearance with the conformity of the defendant Rachel
Ang. Counsel was however informed by the clerk of court that the Honorable Judge has
already issued an order directing the issuance of the writ of preliminary attachment,
receivership and break open order but said order was not officially released yet x x x. Due
to the undersigned counsel’s insistence, however, said clerk of court of this Honorable
Court furnished him a copy of said order x x x. [T]he clerk of court and the clerk in charge
of civil cases assured [counsel] that no writ of preliminary attachment was prepared or
issued x x x. Despite [such] assurance x x x [and counsel’s advice that they shall move to
quash the order the following morning], that afternoon, the clerk of court x x x
clandestinely, hurriedly and surreptitiously, for reasons known only [to] her, x x x prepared
the writ of attachment x x x.19
In her Verified Answer Ad Cautelam which was filed on 10 February 2009, Rachel prayed that the
Complaint be dismissed as it was not a bona fide derivative suit as defined under the Interim Rules of
2/9
4/14/2018 G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…
ANDRES MARIANO AND DOROTEO GARCIA,
Respondents.
G.R. NO. 181195, June 10, 2013 - FREDERICK
JAMES C. ORAIS, Petitioner, v. DR. AMELIA C.
ALMIRANTE, Respondent.
G.R. NO. 182963, June 03, 2013 - SPOUSES DEO
AGNER AND MARICON AGNER, Petitioners, v. BPI
FAMILY SAVINGS BANK, INC., Respondent.
G.R. NO. 188716, June 10, 2013 - MELINDA L.
OCAMPO, Petitioner, v. COMMISSION ON AUDIT,
Respondent.
G.R. NO. 189297, June 03, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. GUILLERMO
LOMAQUE, Accused-Appellant.
G.R. NO. 191730, June 05, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MYLENE TORRES Y
CRUZ, Accused-Appellant.
G.R. NO. 191877, June 18, 2013 - PHILIPPINE
AMUSEMENT AND GAMING CORPORATION (PAGCOR),
Petitioner, v. ARIEL R. MARQUEZ, Respondent.; [G.R.
NO. 192287] - IRENEO M. VERDILLO, Petitioner, v.
PHILIPPINE AMUSEMENT AND GAMING
CORPORATION (PAGCOR), Respondent.
G.R. NO. 192893, June 05, 2013 - MANILA
ELECTRIC COMPANY, Petitioner, v. HEIRS OF
SPOUSES DIONISIO DELOY AND PRAXEDES
MARTONITO, REPRESENTED BY POLICARPIO DELOY,
Respondents.
G.R. NO. 193453, June 05, 2013 - SPOUSES RUBIN
AND PORTIA HOJAS, Petitioners, v. PHILIPPINE
AMANAH BANK AND RAMON KUE, Respondents.
G.R. NO. 195523, June 05, 2013 - PEOPLE OF THE
PHILIPPINES, Appellee, v. ERNESTO GANI Y TUPAS,
Appellant.
G.R. NO. 195842, June 18, 2013 - ROBERTO B.
REBLORA, Petitioner, v. ARMED FORCES OF THE
PHILIPPINES, Respondent.
G.R. NO. 197039, June 05, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appelle, v. ARIEL CALARA Y
ABALOS, Accused-Appellant.
G.R. NO. 201675, June 19, 2013 - JUANITO ANG,
FOR AND IN BEHALF OF SUNRISE MARKETING
(BACOLOD), INC., Petitioner, v. SPOUSES ROBERTO
AND RACHEL ANG, Respondents.
G.R. NO. 198755, June 05, 2013 - ALBERTO PAT-
OG, SR., Petitioner, v. CIVIL SERVICE COMMISSION,
Respondent.
G.R. NO. 202079, June 10, 2013 - FIL-ESTATE GOLF
AND DEVELOPMENT, INC. AND FIL-ESTATE LAND,
INC., Petitioners, v. VERTEX SALES AND TRADING,
INC., Respondent.
G.R. NO. 202247, June 19, 2013 - SIME DARBY
PILIPINAS, INC., Petitioner, v. JESUS B. MENDOZA,
Respondent.
G.R. NO. 202690, June 05, 2013 - HENRY L. SY,
Petitioner, v. LOCAL GOVERNMENT OF QUEZON CITY,
Respondent.
G.R. NO. 202791, June 10, 2013 - PHILIPPINE
TRANSMARINE CARRIERS, INC., Petitioner, v.
LEANDRO LEGASPI, Respondent.
A.M. NO. P-10-2741, June 04, 2013 - JUDGE
ANTONIO C. REYES, Complainant, v. EDWIN
FANGONIL, PROCESS SERVER, REGIONAL TRIAL
COURT, BRANCH 61 OF BAGUIO CITY, Respondent.
A.M. NO. P-06-2223 [Formerly A.M. NO. 06-7-226-
MTC), June 10, 2013 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. LORENZA M.
MARTINEZ, CLERK OF COURT, MUNICIPAL TRIAL
COURT, CANDELARIA, QUEZON. Respondent.
A.M. NO. P-10-2879 (Formerly A.M. OCA I.P.I. No.
09-3048-P), June 03, 2013 - AUXENCIO JOSEPH B.
CLEMENTE, CLERK OF COURT, METROPOLITAN TRIAL
COURT, BRANCH 48, PASAY CITY, Complainant, v.
ERWIN E. BAUTISTA, CLERK III, METROPOLITAN
TRIAL COURT, BRANCH 48, PASAY CITY, Respondent.
A.M. NO. P-12-3048 (formerly A.M. NO. 11-3-29-
MCTC), June 05, 2013 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. NELSON P.
MAGBANUA, PROCESS SERVER, 3RD MUNICIPAL
CIRCUIT TRIAL COURT, PATNONGON, ANTIQUE,
Respondent.
A.M. NO. P-13-3115 (Formerly A.M. NO. 13-3-41-
RTC], June 04, 2013 - RE: DROPPING FROM THE
ROLLS OF JOYLYN R. DUPAYA, Court Stenographer
III, Regional Trial Court, Branch 10, Aparri, Cagayan.
G.R. No. L-44, September 13, 1945 - LILY
RAQUIZA, ET AL. v. J. BRADFORD, ET AL. - 075 Phil 50
http://www.chanrobles.com/cralaw/2013junedecisions.php?id=399
Procedure for Intra-Corporate Controversies20 (Interim Rules). According to Rachel, the Complaint,
although labelled as a derivative suit, is actually a collection suit since the real party in interest is not
SMBI, but Nancy and Theodore:
chanroblesvirtualawlibrary
[T]he cause of action does not devolve on the corporation as the alleged harm or wrong
pertains to the right of the Sps. Theodore and Nancy Ang, as creditors, to collect the
amount allegedly owed to them. x x x
xxxx
That the instant suit is for the benefit of a non-stockholder and not the corporation is
obvious when the primary relief prayed for in the Complaint which is for the defendants “to
pay the amount of Php 60,114,673.62 plus interest which is 50% of the loan obligations of
plaintff [SMBI] to its creditor Sps. Theodore and Nancy Ang.” Otherwise stated, the instant
suit is nothing but a complaint for sum of money shamelessly masked as a derivative
suit.21
Rachel also argued that the Complaint failed to allege that Juanito “exerted all reasonable efforts to
exhaust all intra-corporate remedies available under the articles of incorporation, by-laws, laws or rules
governing the corporation to obtain the relief he desires,” as required by the Interim Rules.
During cross-examination, Juanito admitted that there was no prior demand for accounting or liquidation
nor any written objection to SMBI’s increase of capital stock. He also conceded that the loan was
extended by persons who are not stockholders of SMBI. Thus, Rachel filed a Motion for Preliminary
Hearing on Affirmative Defenses on 27 November 2009, arguing that in view of Juanito’s admissions, the
Complaint should be dismissed pursuant to Section 1 of the Interim Rules. Juanito filed his Opposition
thereto on 8 January 2010,22 arguing that applying this Court’s ruling in Hi-Yield Realty, Inc. v. Court of
Appeals,23 the requirement for exhaustion of intra-corporate remedies is no longer needed when the
corporation itself is “under the complete control of the persons against whom the suit is filed.” Juanito
also alleged that he and Anecita were deceived into signing checks to pay off bogus loans purportedly
extended by Rachel’s relatives in favor of SMBI. Some of the checks were payable to cash, and were
allegedly deposited in Rachel’s personal account.24 He also claimed that Rachel’s Motion is disallowed
under the Interim Rules.
On 9 February 2009, Juanito moved that Rachel and her daughter, Em Ang (Em), as well as their counsel,
Atty. Filomeno Tan, Jr. (Atty. Tan) be held in contempt. Juanito claimed that on the date the writ of
attachment and break open order were issued, Atty. Tan, accompanied by Rachel and Em, “arrogantly
demanded from the Clerk in charge of Civil Cases that he be furnished a copy of the [said orders] x x x
otherwise he will tear the records of the subject commercial case.” Juanito also accused Atty. Tan of
surreptitiously photocopying the said orders prior to service of the summons, Complaint, Writ of
Attachment and Attachment Bond. According to Juanito, the purpose of obtaning a copy of the orders
was to thwart its implementation. Thus, when the authorities proceeded to the SMBI premises to enforce
the orders, they found that the place was padlocked, and that all corporate documents and records were
missing. On 14 December 2010, the Sheriff and other RTC Bacolod employees then filed a Verified
Complaint against Atty. Tan before this Court, which also contained the foregoing allegations.25 chanroblesvirtuallawlibrary
Rachel then filed a Reply on 27 January 2010, claiming that Juanito’s reliance on the Hi-Yield case is
misplaced: chanroblesvirtualawlibrary
The facts x x x of this case are strikingly different from that in Hi-Yield Realty. In that case,
the Supreme Court noted that the complaining stockholder was a minority stockholder.
However, in the case at bar, Juanito Ang is one of the biggest stockholders of [SMBI]. x x x
[H]e is a member of [SMBI’s] Board of Directors and is even the vice-president thereof.
Furthermore, in Hi-Yield Realty, the Supreme Court noted that the complaining stockholder
was excluded from the affairs of the corporation. However, the evidence thus far
presented, particularly Juanito Ang’s admission, show that he and his wife, Anecita,
participate in the disbursement of [SMBI’s] funds x x x.26
Juanito filed his Rejoinder on 2 March 2010. cralaw lawlibrary
The Ruling of the RTC Bacolod
On 27 September 2010, the RTC Bacolod issued an Order which stated that: chanroblesvirtualawlibrary
WHEREFORE, premises considered[,] the court hereby rules that the present action is a
DERIVATIVE SUIT and [the] Motion to Dismiss based on Affirmative Defenses raised by
defendants is DENIED for lack of merit.27
The RTC Bacolod found that the issuance of the checks to settle the purported obligations to Rachel’s
relatives, as well as the removal of Nancy as a stockholder in SMBI’s records as filed with the SEC, shows
that Rachel and Roberto committed fraud. The Order likewise stated that the requirement of exhaustion
of intra-corporate remedies is no longer necessary since Rachel and Roberto exercised complete control
over SMBI.
Aggrieved, Rachel filed a Petition for Certiorari with the CA-Cebu. cralaw lawlibrary
The Ruling of the CA-Cebu
On 20 September 2011, the CA-Cebu promulgated its Decision which reversed and set aside the Order of
the RTC Bacolod dated 27 September 2010. According to the CA-Cebu, the Complaint filed by Juanito
should be dismissed because it is a harassment suit, and not a valid derivative suit as defined under the
Interim Rules. The CA-Cebu also found that Juanito failed to exhaust intra-corporate remedies and that
the loan extended by Nancy and Theodore was not SMBI’s corporate obligation. There is nothing on
record to show that non-payment of the loan will result in any damage or prejudice to SMBI.
Juanito then filed a Motion for Reconsideration with Prayer for Voluntary Inhibition on 28 October 2011.
In his Motion, Juanito pointed out that Rachel filed her Petition for Certiorari without previously filing a
Motion for Reconsideration, warranting the dismissal of the said Petition. The CA-Cebu denied the Motion.
Hence, this petition.
cralaw lawlibrary
The Issues
The issues raised in the instant petition are: chanroblesvirtualawlibrary
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4/14/2018 G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…
G.R. No. 156759, June 05, 2013 - ALLEN A.
MACASAET, NICOLAS V. QUIJANO, JR., ISAIAS
ALBANO, LILY REYES, JANET BAY, JESUS R. GALANG,
AND RANDY HAGOS, Petitioners, v. FRANCISCO R. CO,
JR., Respondent.
G.R. No. 159691, June 13, 2013 - HEIRS OF
MARCELO SOTTO, REPRESENTED BY: LOLIBETH
SOTTO NOBLE, DANILO C. SOTTO, CRISTINA C.
SOTTO, EMMANUEL C. SOTTO AND FILEMON C. SOTTO;
AND SALVACION BARCELONA, AS HEIR OF DECEASED
MIGUEL BARCELONA, Petitioners, v. MATILDE S.
PALICTE, Respondent.
G.R. No. 160786, June 17, 2013 - SIMPLICIA O.
ABRIGO AND DEMETRIO ABRIGO, Petitioners, v.
JIMMY F. FLORES, EDNA F. FLORES, DANILO FLORES,
BELINDA FLORES, HECTOR FLORES, MARITES FLORES,
HEIRS OF MARIA F. FLORES, JACINTO FAYLONA,
ELISA FAYLONA MAGPANTAY, MARIETTA FAYLONA
CARTACIANO, AND HEIRS OF TOMASA BANZUELA
VDA. DE FAYLONA, Respondents.
G.R. No. 160982, June 26, 2013 - MANILA JOCKEY
CLUB, INC., Petitioner,v. AIMEE O. TRAJANO,
Respondent.
G.R. No. 161878, June 05, 2013 - PHILWORTH
ASIAS, INC., SPOUSES LUISITO AND ELIZABETH
MACTAL, AND SPOUSES LUIS AND ELOISA REYES,
Petitioners, v. PHILIPPINE COMMERCIAL
INTERNATIONAL BANK, Respondent.
G. R. No. 163061, June 26, 2013 - ALFONSO L.
FIANZA, Petitioner, v. NATIONAL LABOR RELATIONS
COMMISSION (SECOND DIVISION), BINGA
HYDROELECTRIC PLANT, INC., ANTHONY C. ESCOLAR,
ROLAND M. LAUTCHANG, Respondents.
G.R. No. 172334, June 05, 2013 - DR. ZENAIDA P.
PIA, Petitioner, v. HON. MARGARITO P. GERVACIO,
JR., OVERALL DEPUTY OMBUDSMAN, FORMERLY
ACTING OMBUDSMAN, OFFICE OF THE OMBUDSMAN,
DR. OFELIA M. CARAGUE, FORMERLY PUP PRESIDENT,
DR. ROMAN R. DANNUG, FORMERLY DEAN, COLLEGE
OF ECONOMICS, FINANCE AND POLITICS (CEFP),
NOW ASSOCIATE PROFESSOR, CEFP POLYTECHNIC
UNIVERSITY OF THE PHILIPPINES (PUP), STA. MESA,
MANILA, Respondents.
G.R. No. 172892, June 13, 2013 - PHILIPPINE
DEPOSIT INSURANCE CORPORATION, Petitioner, v.
BUREAU OF INTERNAL REVENUE, Respondent.
G.R. No. 173330, June 17, 2013 - LUCILLE
DOMINGO, Petitioner, v. MERLINDA COLINA,
Respondent.
G.R. No. 173946, June 19, 2013 - BOSTON EQUITY
RESOURCES, INC., Petitioner, v. COURT OF APPEALS
AND LOLITA G. TOLEDO, Respondents.
G.R. No. 174908, June 17, 2013 - DARMA MASLAG,
Petitioner, v. AND ELIZABETH MONZON, WILLIAM
GESTON, REGISTRY OF DEEDS OF BENGUET,
Respondents.
G.R. Nos. 175279-80, June 05, 2013 - SUSAN LIM-
LUA, Petitioner, v. DANILO Y. LUA, Respondent.
G.R. No. 175542 and 183205, June 05, 2013 -
GREEN ACRES HOLDINGS, INC., Petitioner, v.
VICTORIA P. CABRAL, SPS. ENRIQUE T. MORAGA and
VICTORIA SORIANO, FILCON READY MIXED, INC.,
DEPARTMENT OF AGRARIAN REFORM ADJUDICATION
BOARD (DARAB), and REGISTRY OF DEEDS OF
BULACAN, MEYCAUAYAN BRANCH, Respondents.;
VICTORIA P. CABRAL, Petitioner, v. PROVINCIAL
ADJUDICATOR, JOSEPH NOEL C. LONGBOAN / OFFICE
OF THE AGRARIAN REFORM ADJUDICATOR, GREEN
ACRES HOLDINGS, INC., SPOUSES ENRIQUE T.
MORAGA and VICTORIA SORIANO and FILCON READY
MIXED, INC., Respondents.
G.R. No. 175900, June 10, 2013 - KAPISANANG
PANGKAUNLARAN NG KABABAIHANG POTRERO, INC.
AND MILAGROS H. REYES, Petitioners, v. REMEDIOS
BARRENO, LILIBETH AMETIN, DRANREV F. NONAY,
FREDERICK D. DIONISIO AND MARITES CASIO,
Respondents.
G.R. No. 176425, June 05, 2013 - HEIRS OF
MANUEL UY EK LIONG, REPRESENTED BY BELEN LIM
VDA. DE UY, Petitioners, v. MAURICIA MEER
CASTILLO, HEIRS OF BUENAFLOR C. UMALI,
REPRESENTED BY NANCY UMALI, VICTORIA H.
CASTILLO, BERTILLA C. RADA, MARIETTA C.
CAVANEZ, LEOVINA C. JALBUENA AND PHILIP M.
CASTILLO, Respondents.
G.R. No. 176838, June 13, 2013 - DEPARTMENT OF
AGRARIAN REFORM, AS REPRESENTED BY FRITZI C.
PANTOJA, IN HER CAPACITY AS THE PROVINCIAL
AGRARIAN REFORM OFFICER, DAR-LAGUNA,
Petitioner, v. PARAMOUNT HOLDINGS EQUITIES,
INC., JIMMY CHUA, ROJAS CHUA, BENJAMIN SIM,
SANTOS C. TAN, WILLIAM C. LEE AND STEWART C.
LIM, Respondents.
G.R. No. 178947, June 26, 2013 - VIRGINIA DE LOS
SANTOSDIO, AS AUTHORIZED REPRESENTATIVE OF
http://www.chanrobles.com/cralaw/2013junedecisions.php?id=399
I. Whether based on the allegations of the complaint, the nature of the case is one of a
derivative suit or not.
Corollary to the above, whether the Honorable Court of Appeals erred x x x in ordering the
dismissal of the Complaint on the ground that the case is not a derivative suit.
II. Whether the Honorable Court of Appeals x x x seriously erred in considering evidence
aliunde, that is, other than the four corners of the complaint, in determining the nature of
the complaint, in utter violation of the doctrine that the jurisdiction is determined by law
and allegations of the complaint alone.
III. Granting arguendo, but without necessarily admitting that the complaint is not one of a
derivative suit, but only an ordinary civil action, whether the Honorable Court of Appeals x
x x gravely erred in dismissing the petition entirely, when the Regional Trial Court a quo
has jurisdiction also over the case as an ordinary civil action, and can just proceed to hear
the same as such.28
The Ruling of this Court
The petition has no merit.
We uphold the CA-Cebu’s finding that the Complaint is not a derivative suit. A derivative suit is an action
brought by a stockholder on behalf of the corporation to enforce corporate rights against the
corporation’s directors, officers or other insiders.29 Under Sections 2330 and 3631of the Corporation
Code, the directors or officers, as provided under the by-laws,32 have the right to decide whether or not
a corporation should sue. Since these directors or officers will never be willing to sue themselves, or
impugn their wrongful or fraudulent decisions, stockholders are permitted by law to bring an action in the
name of the corporation to hold these directors and officers accountable.33 In derivative suits, the real
party in interest is the corporation, while the stockholder is a mere nominal party.
This Court, in Yu v. Yukayguan,34 explained:
chanroblesvirtualawlibrary
The Court has recognized that a stockholder’s right to institute a derivative suit is not
based on any express provision of the Corporation Code, or even the Securities Regulation
Code, but is impliedly recognized when the said laws make corporate directors or officers
liable for damages suffered by the corporation and its stockholders for violation of their
fiduciary duties. Hence, a stockholder may sue for mismanagement, waste or dissipation of
corporate assets because of a special injury to him for which he is otherwise without
redress. In effect, the suit is an action for specific performance of an obligation owed by
the corporation to the stockholders to assist its rights of action when the corporation has
been put in default by the wrongful refusal of the directors or management to make
suitable measures for its protection. The basis of a stockholder’s suit is always one in
equity. However, it cannot prosper without first complying with the legal requisites for its
institution. (Emphasis in the original)
Section 1, Rule 8 of the Interim Rules imposes the following requirements for derivative suits:
chanroblesvirtualawlibrary
(1) [The person filing the suit must be] a stockholder or member at the time the acts or
transactions subject of the action occurred and the time the action was filed; nadcralavvonlinelawlibrary
(2) [He must have] exerted all reasonable efforts, and alleges the same with particularity
in the complaint, to exhaust all remedies available under the articles of incorporation, by-
laws, laws or rules governing the corporation or partnership to obtain the relief he
desires;nadcralavvonlinelawlibrary
(3) No appraisal rights are available for the act or acts complained of; and
(4) The suit is not a nuisance or harassment suit.
Applying the foregoing, we find that the Complaint is not a derivative suit. The Complaint failed to show
how the acts of Rachel and Roberto resulted in any detriment to SMBI. The CA-Cebu correctly concluded
that the loan was not a corporate obligation, but a personal debt of the Ang brothers and their spouses.
The check was issued to “Juanito Ang and/or Anecita Ang and/or Roberto Ang and/or Rachel Ang” and
not SMBI. The proceeds of the loan were used for payment of the obligations of the other corporations
owned by the Angs as well as the purchase of real properties for the Ang brothers. SMBI was never a
party to the Settlement Agreement or the Mortgage. It was never named as a co-debtor or guarantor of
the loan. Both instruments were executed by Juanito and Anecita in their personal capacity, and not in
their capacity as directors or officers of SMBI. Thus, SMBI is under no legal obligation to satisfy the
obligation.
The fact that Juanito and Anecita attempted to constitute a mortgage over “their” share in a corporate
asset cannot affect SMBI. The Civil Code provides that in order for a mortgage to be valid, the mortgagor
must be the “absolute owner of the thing x x x mortgaged.”35 Corporate assets may be mortgaged by
authorized directors or officers on behalf of the corporation as owner, “as the transaction of the lawful
business of the corporation may reasonably and necessarily require.”36 However, the wording of the
Mortgage reveals that it was signed by Juanito and Anecita in their personal capacity as the “owners” of a
pro-indiviso share in SMBI’s land and not on behalf of SMBI: chanroblesvirtualawlibrary
This [Mortgage] is made and executed by and between: chanroblesvirtualawlibrary
Spouses JUANITO and ANECITA ANG, of legal age, Filipino citizens, resident[s] of Sunrise
Marketing Building at Hilado Street, Capitol Shopping Center, Bacolod City, hereinafter
referred to as the MORTGAGOR[S];
nadcralavvonlinelawlibrary
Spouses THEODORE and NANCY ANG, x x x hereinafter referred to as the MORTGAGEE[S]
represented in this instance through their attorney-in-fact, Mr. Kenneth Locsin; nadcralavvonlinelawlibrary
xxxx
In order to ensure payment x x x the MORTGAGORS hereby CONVEY unto the
MORTGAGEES by way of EXTRA-JUDICIAL REAL ESTATE MORTGAGE their 50% rights and
interests over the following real properties to wit: chanroblesvirtualawlibrary
a. Those registered in the name of SUNRISE MARKETING (BACOLOD), INC. x x x
x x x x37 (Emphasis supplied)
Juanito and Anecita, as stockholders of SMBI, are not co-owners of SMBI assets. They do not own pro-
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4/14/2018 G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…
H.S. EQUITIES, LTD., AND WESTDALE ASSETS, LTD.,
Petitioner, v. THE HONORABLE COURT OF APPEALS,
JUDGE RAMON S. CAGUIOA, IN HIS CAPACITY AS
PRESIDING JUDGE OF BRANCH 74, REGIONAL. TRIAL
COURT, OLONGAPO CITY, AND TIMOTHY J. DESMOND,
Respondents. - R E S O L U T I O N; G.R. No. 179079 -
June 26, 2013 - PEOPLE OF PHILIPPINES, The
Petitioner, v. TIMOTHY J. DESMOND, Respondent.
G.R. No. 179448, June 26, 2013 - CARLOS L.
TANENGGEE, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 179685, June 19, 2013 - CONRADA O.
ALMAGRO, Petitioner, v. SPS. MANUEL AMAYA, SR.
AND LUCILA MERCADO, JESUS MERCADO, SR., AND
RICARDO MERCADO, Respondents.
G.R. No. 179736, June 26, 2013 - SPOUSES BILL
AND VICTORIA HING, Petitioners, v. ALEXANDER
CHOACHUY, SR. AND ALLAN CHOACHUY,
Respondents.
G.R. No. 179267, June 25, 2013 - JESUS C. GARCIA,
Petitioner, v. THE HONORABLE RAY ALAN T. DRILON,
PRESIDING JUDGE, REGIONAL TRIAL COURT-BRANCH
41, BACOLOD CITY, AND ROSALIE JAYPE-GARCIA,
FOR HERSELF IN BEHALF OF MINOR CHILDREN,
NAMELY: JO-ANN, JOSEPH AND EDUARD, JESSE
ANTHONE, ALL SURNAMED GARCIA, Respondents.
G.R. No. 180476, June 26, 2013 - RAYMUNDO
CODERIAS, AS REPRESENTED BY HIS ATTORNEY-IN-
FACT, MARLON M. CODERIAS, Petitioner, v. ESTATE
OF JUAN CHIOCO, REPRESENTED BY ITS
ADMINISTRATOR, DR. RAUL R. CARAG, Respondent.
G.R. No. 182072, June 28, 2013 - UNIVAC
DEVELOPMENT, INC., Petitioner, v. WILLIAM M.
SORIANO, Respondent.
G.R. No. 182130, June 19, 2013 - IRIS KRISTINE
BALOIS ALBERTO AND BENJAMIN D. BALOIS,
Petitioners, v. THE HON. COURT OF APPEALS, ATTY.
RODRIGO A. I REYNA, ARTURO S. CALIANGA, GIL
ANTHONY M. CALIANGA, JESSEBEL CALIANGA, AND
GRACE. EVANGELISTA, Respondents. - G.R. NO.
182132, June 19, 2013 - THE SECRETARY OF JUSTICE,
THE CITY PROSECUTOR OF MUNTINLUPA, THE
PRESIDING JUDGE OF THE REGIONAL TRIAL COURT
OF MUNTINLUPA CITY, BENJAMIN D. BALOIS, AND
IRIS KRISTINE BALOIS, ALBERTO, Petitioners, v.
ATTY. RODRIGO A. REYNA, ARTURO S. CALIANGA, GIL
ANTHONY M. CALIANGA, JESSEBEL CALIANGA, AND
GRACE EVANGELISTA, Respondents.
G.R. No. 182295, June 26, 2013 - 7K
CORPORATION, Petitioner, v. EDDIE ALBARICO,
Respondent.
G.R. No. 182855, June 05, 2013 - MR. ALEXANDER
“LEX” ADONIS, REPRESENTED BY THE CENTER FOR
MEDIA FREEDOM AND RESPONSIBILITY (CMFR),
THROUGH ITS EXECUTIVE DIRECTOR, MRS. MELINDA
QUINTOS-DE JESUS; AND THE NATIONAL UNION OF
JOURNALISTS OF THE PHILIPPINES (NUJP),
THROUGH ITS CHAIRPERSON, MR. JOSE TORRES, JR.,
Petitioners, v. SUPERINTENDENT VENANCIO TESORO,
DIRECTOR, DAVAO PRISONS AND PENAL FARM,
PANABO CITY, DIGOS, DAVAO DEL NORTE,
Respondent.
G.R. No. 182957, June 13, 2013 - ST. JOSEPH
ACADEMY OF VALENZUELA FACULTY ASSOCIATION
(SJAVFA)-FUR CHAPTER-TUCP, Petitioner, v. ST.
JOSEPH ACADEMY OF VALENZUELA AND DAMASO D.
LOPEZ, Respondents.
G.R. No. 183091, June 19, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. BERNESTO DE LA
CRUZ @ BERNING, Accused-Appellant.
G.R. No. 184116, June 19, 2013 - CENTURY IRON
WORKS, INC. AND BENITO CHUA, Petitioners, v.
ELETO B. BAÑAS, Respondent.
G.R. No. 184589, June 13, 2013 - DEOGENES O.
RODRIGUEZ, Petitioner, v. HON. COURT OF APPEALS
AND PHILIPPINE CHINESE CHARITABLE
ASSOCIATION, INC., Respondents.
G.R. No. 185129, June 17, 2013 - ABELARDO
JANDUSAY, Petitioner, v. PEOPLE OF THE
PHILIPPINES, Respondent.
G.R. No. 185604, June 13, 2013 - REPUBLIC OF THE
PHILIPPINES, Petitioner, v. EDWARD M. CAMACHO,
Respondent.
G.R. No. 185719, June 17, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MARCELINO
COLLADO Y CUNANAN, MYRA COLLADO Y SENICA,
MARK CIPRIANO Y ROCERO, SAMUEL SHERWIN
LATARIO Y ENRIQUE,* AND REYNALDO RANADA Y
ALAS,** Accused-Appellants.
G.R. Nos. 185729-32, June 26, 2013 - PEOPLE OF
THE PHILIPPINES, Petitioner, v. THE HONORABLE
SANDIGANBAYAN (FOURTH DIVISION), ANTONIO P.
BELICENA, ULDARICO P. ANDUTAN, JR., RAUL C. DE
http://www.chanrobles.com/cralaw/2013junedecisions.php?id=399
indiviso shares, and therefore, cannot mortgage the same except in their capacity as directors or officers
of SMBI.
We also find that there is insufficient evidence to suggest that Roberto and Rachel fraudulently and
wrongfully removed Nancy as a stockholder in SMBI’s reportorial requirements. As early as 2005, when
SMBI increased its capital stock, Juanito and Anecita already knew that Nancy was not listed as a
stockholder of SMBI. However, they attempted to rectify the error only in 2009, when the Complaint was
filed. That it took four years for them to make any attempt to question Nancy’s exclusion as stockholder
negates their allegation of fraud.
Since damage to the corporation was not sufficiently proven by Juanito, the Complaint cannot be
considered a bona fide derivative suit. A derivative suit is one that seeks redress for injury to the
corporation, and not the stockholder. No such injury was proven in this case.
The Complaint also failed to allege that all available corporate remedies under the articles of
incorporation, by-laws, laws or rules governing the corporation were exhausted, as required under the
Interim Rules. The CA-Cebu, applying our ruling in the Yu case, pointed out:
chanroblesvirtualawlibrary
x x x No written demand was ever made for the board of directors to address private
respondent Juanito Ang’s concerns.
The fact that [SMBI] is a family corporation does not exempt private respondent Juanito
Ang from complying with the [Interim] Rules. In the x x x Yu case, the Supreme Court held
that a family corporation is not exempt from complying with the clear requirements and
formalities of the rules for filing a derivative suit. There is nothing in the pertinent laws or
rules [which state that there is a] distinction between x x x family corporations x x x [and]
other types of corporations in the institution [by] a stockholder of a derivative suit.38
Furthermore, there was no allegation that there was an attempt to remove Rachel or Roberto as director
or officer of SMBI, as permitted under the Corporation Code and the by-laws of the corporation. Thus, the
Complaint failed to satisfy the requirements for a derivative suit under the Interim Rules.
The CA-Cebu correctly ruled that the Complaint should be dismissed since it is a nuisance or harassment
suit under Section 1(b) of the Interim Rules. Section 1(b) thereof provides: chanroblesvirtualawlibrary
b) Prohibition against nuisance and harassment suits. - Nuisance and harassment suits are
prohibited. In determining whether a suit is a nuisance or harassment suit, the court shall
consider, among others, the following: chanroblesvirtualawlibrary
(1) The extent of the shareholding or interest of the initiating stockholder or
member;
nadcralavvonlinelawlibrary
(2) Subject matter of the suit;
nadcralavvonlinelawlibrary
(3) Legal and factual basis of the complaint;
nadcralavvonlinelawlibrary
(4) Availability of appraisal rights for the act or acts complained of; and
(5) Prejudice or damage to the corporation, partnership, or association in relation
to the relief sought.
In case of nuisance or harassment suits, the court may, motu proprio or upon motion,
forthwith dismiss the case.
Records show that Juanito, apart from being Vice President, owns the highest number of shares, equal to
those owned by Roberto. Also, as explained earlier, there appears to be no damage to SMBI if the loan
extended by Nancy and Theodore remains unpaid. The CA-Cebu correctly concluded that “a plain reading
of the allegations in the Complaint would readily show that the case x x x was mainly filed [to collect] a
debt allegedly extended by the spouses Theodore and Nancy Ang to [SMBI]. Thus, the aggrieved party is
not SMBI x x x but the spouses Theodore and Nancy Ang, who are not even x x x stockholders."39 chanroblesvirtuallawlibrary
WHEREFORE, we DENY the petition. We AFFIRM the 20 September 2011 Decision of the Court of
Appeals-Cebu in CA-G.R. SP No. 05546.
SO ORDERED.
Brion, Del Castillo, Perez, and Perlas-Bernabe, JJ., concur.
Endnotes:
* In the lower courts and in some pleadings tiled with this Court, petitioner named itself as
''Sunrise Marketing (Bacolod). Inc.. represented by Juanito Ang."
1 Under Rule 45 of the 1997 Rules of Civil Procedure.
2Rollo,
pp. 581-592. Penned by Acting Executive Justice Pampio A. Abarintos, with Justices
Eduardo B. Peralta, Jr. and Gabriel T. Ingles, concurring.
3
Id. at 170-179. Penned by Judge Pepito B. Gellada.
4 Id.at 70.
5 Id. at 239.
6 TSN, 12 May 2009, p. 28. 7 Securities and Exchange Commission Website,
http://www.sec.gov.ph (visited on 13 March 2013).
8Rollo, p. 19.
9 Id. at 107.
10
Id. at 20.
11 Id. at 54-55.
12 Id. at 86.
13
Id. at 93-103.
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4/14/2018 G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…
VERA, ROSANNA P. DIALA AND JOSEPH A. CABOTAJE, 14 Id. at 57.
Respondents.
15 Id. at 60.
G.R. No. 185830, June 05, 2013 - ECOLE DE
CUISINE MANILLE (CORDON BLEU OF THE
16 Id. at 119-120. Penned by Judge Pepito B. Gellada.
PHILIPPINES), INC., Petitioner, v. RENAUIL
COINTREAU & CIE AND LE CORDON BLEU INT'L., B.V.,
Respondents. 17 Id. at 121-122.
G.R. No. 185821, June 13, 2013 - LAND BANK OF 18
THE PHILIPPINES, Petitioner, v. ATTY. RICARDO D.
Id. at 244-262.
GONZALEZ, Respondent.
19 Id. at 256-258.
G.R. No. 186014, June 26, 2013 - ALI AKANG,
Petitioner, v. MUNICIPALITY OF ISULAN, SULTAN 20 Took effect on 1 April 2001.
KUDARAT PROVINCE, REPRESENTED BY ITS
MUNICIPAL MAYOR AND MUNICIPAL VICE MAYOR 21Rollo,
AND MUNICIPAL COUNCILORS/KAGAWADS,
pp. 211-212.
Respondent.
22 Id. at 469.
G.R. No. 185891, June 26, 2013 - CATHAY PACIFIC
AIRWAYS, Petitioner, v. JUANITA REYES, WILFI EDO 23 G.R. NO. 168863, 23 June 2009, 590 SCRA 548.
REYES, MICHAEL ROY REYES, SIXTA LAPUZ, AND
SAMPAGUITA TRAVEL CORP., Respondents. 24Rollo, p. 484.
G.R. No. 186475, June 26, 2013 - POSEIDON
25 Id. at 663.
INTERNATIONAL MARITIME SERVICES, INC.,
Petitioner, v. TITO R. TAMALA, FELIPE S. SAURIN, JR.,
ARTEMIO A. BO-OC AND JOEL S. FERNANDEZ, 26 Id. at 492.
Respondents.
27 Id. at 179.
G.R. No. 186137, June 26, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. DATU NOT ABDUL,
28 Id. at 23-24.
Defendant-Appellant.

G. R. No. 186732, June 13, 2013 - ALPS 29Jose Campos, Jr. and Ma. Clara L. Campos, THE CORPORATION CODE, COMMENTS
TRANSPORTATION AND/OR ALFREDO E. PEREZ, NOTES AND CASES 819-820 (1990).
Petitioners, v. ELPIDIO M. RODRIGUEZ, Respondent.
30 Sec. 23. The board of directors or trustees. - Unless otherwise provided in this Code,
G. R. No. 187587, June 05, 2013 - NAGKAKAISANG
MARALITA NG SITIO MASIGASIG, INC., Petitioner, v. the corporate powers of all corporations formed under this Code shall be exercised, all
MILITARY SHRINE SERVICES – PHILIPPINE business conducted and all property of such corporations controlled and held by the board
VETERANS AFFAIRS OFFICE, DEPARTMENT OF of directors or trustees to be elected from among the holders of stocks, or where there is
NATIONAL DEFENSE, Respondent.; G. R. NO. 187654, no stock, from among the members of the corporation, who shall hold office for one (1)
June 05, 2013 - WESTERN BICUTAN LOT OWNERS year until their successors are elected and qualified.
ASSOCIATION, INC., REPRESENTED BY ITS BOARD OF
DIRECTORS, Petitioner, v. MILITARY SHRINE 31Sec. 36. Corporate powers and capacity. - Every corporation incorporated under this
SERVICES – PHILIPPINE VETERANS AFFAIRS OFFICE,
Code has the power and capacity: 1. To sue and be sued in its corporate name; x x x
DEPARTMENT OF NATIONAL DEFENSE, Respondent.
32 Section 25, Corporation Code.
G.R. No.187722, June 10, 2013 - SURIGAO DEL
NORTE ELECTRIC COOPERATIVE, INC. AND/OR
DANNY Z. ESCALANTE, Petitioners, v. TEOFILO 33Yu v. Yukayguan, G.R. NO. 177549, 18 June 2009, 589 SCRA 588.
GONZAGA, Respondent.
34 Id. at 618, citing Bitong v. Court of Appeals, 354 Phil. 516 (1998).
G.R. Nos. 187896-97, June 10, 2013 - AMANDO P.
CORTES, Petitioner, v. OFFICE OF THE OMBUDSMAN
35 Article 2085.
(VISAYAS), VICTORY M. FERNANDEZ, JULIO E.
SUCGANG AND NILO IGTANLOC, Respondents.
36 Section 36, Corporation Code.
G.R. No. 188024, June 05, 2013 - RODRIGO
RONTOS Y DELA TORRE, Petitioner, v. PEOPLE OF THE 37Rollo, p. 98.
PHILIPPINES, Respondent.
38 Id. at 588.
G.R. No. 188310, June 13, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. MERCIDITA T.
RESURRECCION, Accused-Appellant. 39 Id. at 590.

G.R. No. 189836, June 05, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. ROMEO
BUSTAMANTE Y ALIGANGA, Accused-Appellant.

G.R. No. 189846, June 26, 2013 - PEOPLE OF THE Back to Home | Back to Main
PHILIPPINES, Plaintiff-Appellee, v. RAMIL MORES,
Accused-Appellant.

G.R. No. 190818, June 05, 2013 - METRO MANILA QUICK SEARCH
SHOPPING MECCA CORP., SHOEMART, INC., SM
PRIME HOLDINGS, INC., STAR APPLIANCES CENTER,
SUPER VALUE, INC., ACE HARDWARE PHILIPPINES,
INC., HEALTH AND BEAUTY, INC., JOLLIMART PHILS.
CORP., and SURPLUS MARKETING CORPORATION, 1901 1902 1903 1904 1905 1906 1907 1908
Petitioners, v. MS. LIBERTY M. TOLEDO, in her official
1909 1910 1911 1912 1913 1914 1915 1916
capacity as the City Treasurer of Manila, and THE CITY
OF MANILA, Respondents. 1917 1918 1919 1920 1921 1922 1923 1924
1925 1926 1927 1928 1929 1930 1931 1932
G. R. No. 190957, June 05, 2013 - PHILIPPINE
NATIONAL CONSTRUCTION CORPORATION, 1933 1934 1935 1936 1937 1938 1939 1940
Petitioner, v. APAC MARKETING CORPORATION,
1941 1942 1943 1944 1945 1946 1947 1948
REPRESENTED BY CESAR M. ONG, JR., Respondents.
1949 1950 1951 1952 1953 1954 1955 1956
G.R. No. 191267, June 26, 2013 - PEOPLE OF THE
1957 1958 1959 1960 1961 1962 1963 1964
PHILIPPINES, Plaintiff-Appellee, v. MONICA
MENDOZA Y TRINIDAD, Accused-Appellant. 1965 1966 1967 1968 1969 1970 1971 1972
1973 1974 1975 1976 1977 1978 1979 1980
G.R. No. 191391, June 19, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. BENEDICT 1981 1982 1983 1984 1985 1986 1987 1988
HOMAKY LUCIO, Accused-Appellant.
1989 1990 1991 1992 1993 1994 1995 1996
G.R. No. 191752, June 10, 2013 - PEOPLE OF THE 1997 1998 1999 2000 2001 2002 2003 2004
PHILIPPINES, Appellee, v. JOSE ARMANDO
2005 2006 2007 2008 2009 2010 2011 2012
CERVANTES CACHUELA AND BENJAMIN JULIAN CRUZ
IBAÑEZ, Accused. BENJAMIN JULIAN CRUZ IBAÑEZ, 2013 2014 2015 2016
Accused-Appellant.

G.R. No. 191903, June 19, 2013 - MAGSAYSAY

MARITIME CORPORATION AND/OR WESTFAL-LARSEN
AND CO., A/S, Petitioners, v. NATIONAL LABOR
RELATIONS COMMISSION, FIRST DIVISION, AND
WILSON G. CAPOY, Respondents. Main Indices of the Library ---> Go!

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4/14/2018 G.R. NO. 201675, June 19, 2013 - JUANITO ANG, FOR AND IN BEHALF OF SUNRISE MARKETING (BACOLOD), INC., Petitioner, v. S…
G.R. No. 192239, June 05, 2013 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, v. RICARDO
PAMINTUAN Y SAHAGUN, Accused-Appellant.

G.R. No. 192601, June 03, 2013 - PHILIPPINE

JOURNALISTS, INC., Petitioner, v. JOURNAL
EMPLOYEES UNION (JEU), FOR ITS UNION MEMBER,
MICHAEL ALFANTE, Respondents.

G.R. No. 192890, June 17, 2013 - LAND BANK OF

THE PHILIPPINES, Petitioner, v. VIRGINIA
PALMARES, LERMA P. AVELINO, MELILIA P. VILLA,
NINIAN P. CATEQUISTA, LUIS PALMARES, JR., SALVE
P. VALENZUELA, GEORGE P. PALMARES, AND DENCEL
P. PALMARES HEREIN REPRESENTED BY THEIR
ATTORNEY-IN-FACT, LERMA P. AVELINO,
Respondents.

G.R. No. 193314, June 25, 2013 - SVETLANA P.

JALOSJOS, Petitioner, v. COMMISSION ON
ELECTIONS, EDWIN ELIM TUPAG AND RODOLFO Y.
ESTRELLADA, Respondents.

G.R. No. 192913, June 13, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. JOEL REBOTAZO Y
ALEJANDRIA, Accused-Appellant.

G.R. No. 193453, June 05, 2013 - SPOUSES RUBIN

AND PORTIA HOJAS, Petitioners, v. PHILIPPINE
AMANAH BANK AND RAMON KUE, Respondents.

G.R. No. 193747, June 05, 2013 - JOSELITO C.

BORROMEO, Petitioner, v. JUAN T. MINA, Respondent.

G.R. No. 194062, June 17, 2013 - REPUBLIC GAS

CORPORATION, ARNEL U. TY, MARI ANTONETTE N.
TY, ORLANDO REYES, FERRER SUAZO AND ALVIN U.
TY, Petitioners, v. PETRON CORPORATION, PILIPINAS
SHELL PETROLEUM CORPORATION, AND SHELL
INTERNATIONAL PETROLEUM COMPANY LIMITED,
Respondents.

G.R. No. 194247, June 19, 2013 - BASES

CONVERSION DEVELOPMENT AUTHORITY, Petitioner,
v. ROSA REYES, CENANDO, REYES AND CARLOS
REYES, Respondents.

G.R. No. 194362, June 26, 2013 - PHILIPPINE

HAMMONIA SHIP AGENCY, INC. (NOW KNOWN AS
BSM CREW SERVICE CENTRE PHILIPPINES, INC.) AND
DORCHESTER MARINE LTD., Petitioners, v. EULOGIO
V. DUMADAG, Respondent.

G.R. No. 194382, June 10, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. GLORIA
CALUMBRES Y AUDITOR, Accused-Appellant.

G. R. No. 194384, June 13, 2013 - JOSELITO

RAMOS, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.

G.R. No. 194846, June 28, 2013 - HOSPICIO D.

ROSAROSO, ANTONIO D. ROSAROSO, MANUEL D.
ROSAROSO, ALGERICA D. ROSAROSO, AND CLEOFE R.
LABINDAO, Petitioners, v. LUCILA LABORTE SORIA,
SPOUSES HAM SOLUTAN AND **LAILA SOLUTAN, AND
MERIDIAN REALTY CORPORATION, Respondents.

G.R. No. 195777, June 19, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. FERDINAND
CASTRO Y LAPENA, Accused-Appellant.

G.R. No. 196049, June 26, 2013 - MINORU FUJIKI,

Petitioner, v. MARIA PAZ GALELA MARINAY,
SHINICHI MAEKARA, LOCAL CIVIL REGISTRAR OF
QUEZON CITY, AND THE ADMINISTRATOR AND CIVIL
REGISTRAR GENERAL OF THE NATIONAL STATISTICS
OFFICE, Respondents.

G.R. No. 197363, June 26, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. ROMAN ZAFRA Y
SERRANO, Accused-Appellant.

G.R. No. 197861, June 05, 2013 - SPOUSES

FLORENTINO T. MALLARI AND AUREA V. MALLARI,
Petitioners, v. PRUDENTIAL BANK (NOW BANK OF
THE PHILIPPINE ISLANDS), Respondent.

G.R. No. 197049, June 10, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. MARIA JENNY REA
Y GUEVARRA AND ESTRELLITA TENDENILLA, Accused-
Appellants.

G.R. No. 198732, June 10, 2013 - CHRISTIAN

CABALLO, Petitioner, v. PEOPLE OF THE PHILIPPINES,
Respondent.

G.R. No. 198789, June 03, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. REGGIE
BERNARDO, Accused-Appellant.

G.R. No. 199354, June 26, 2013 - WILSON T. GO,

Petitioner, v. BPI FINANCE CORPORATION,
Respondent.

G.R. No. 199650, June 26, 2013 - J PLUS ASIA

DEVELOPMENT CORPORATION, Petitioner, v. UTILITY
ASSURANCE CORPORATION, Respondent.

G.R. No. 200094, June 10, 2013 - BENIGNO M.

VIGILLA, ALFONSO M. BONGOT, ROBERTO CALLESA,

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LINDA C. CALLO, NILO B. CAMARA, ADELIA T.
CAMARA, ADOLFO G. PINON, JOHN A. FERNANDEZ,
FEDERICO A. CALLO, MAXIMA P. ARELLANO, JULITO
B. COSTALES, SAMSON F. BACHAR, EDWIN P. DAMO,
RENATO E. FERNANDEZ, GENARO F. CALLO, JIMMY C.
ALETA, AND EUGENIO SALINAS, Petitioners, v.
PHILIPPINE COLLEGE OF CRIMINOLOGY INC.
AND/OR GREGORY ALAN F. BAUTISTA, Respondents.

G.R. No. 200329, June 05, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. RICARDO
PIOSANG, Accused-Appellant.

G.R. No. 200402, June 13, 2013 - PRIVATIZATION

AND MANAGEMENT OFFICE, Petitioner, v. STRATEGIC
ALLIANCE DEVELOPMENT CORPORATION AND/OR
PHILIPPINE ESTATE CORPORATION, Respondent.

G.R. No. 200507, June 26, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. PETER LINDA Y
GEROLAGA, Accused-Appellant.

G.R. No. 200837, June 05, 2013 - MAERSK

FILIPINAS CREWING INC./MAERSK SERVICES LTD.,
AND/OR MR. JEROME DELOS ANGELES, Petitioners, v.
NELSON E. MESINA, Respondent.

G.R. No. 200882, June 13, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. ABEL DIAZ,
Accused-Appellant.

G.R. No. 201251, June 26, 2013 - INTER-ORIENT

MARITIME, INCORPORATED AND/OR TANKOIL
CARRIERS, LIMITED, Petitioners, v. CRISTINA
CANDAVA, Respondent.

G.R. No. 201701, June 03, 2013 - UNILEVER

PHILIPPINES, INC., Petitioner, v. MARIA RUBY M.
RIVERA, Respondent.

G.R. No. 201723, June 13, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. PERCIVAL DELA
ROSA Y BAYER, Accused-Appellant.

G.R. No. 203041, June 05, 2013 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. MOISES CAOILE,
Accused-Appellant.

G.R. No. 205033, June 18, 2013 - ROMEO G.

JALOSJOS, Petitioner, v. THE COMMISSION ON
ELECTIONS, MARIA ISABELLE G. CLIMACO-SALAZAR,
ROEL B. NATIVIDAD, ARTURO N. ONRUBIA, AHMAD
NARZAD K. SAMPANG, JOSE L. LOBREGAT, ADELANTE
ZAMBOANGA PARTY, AND ELBERT C. ATILANO,
Respondents.

G.R. No. 207264, June 25, 2013 - REGINA

ONGSIAKO REYES, Petitioner, v. COMMISSION ON
ELECTIONS AND JOSEPH SOCORRO B. TAN,
Respondents.

A.M. No. MTJ-11-1778 (Formerly OCA IPI No. 08-

1966- MTJ), June 05, 2013 - MARICOR L. GARADO,
Complainant, v. REYES, JJ. JUDGE LIZABETH
GUTIERREZ-TORRES, Respondent.

A.M. No. P-01-1448 (FORMERLY OCA IPI NO. 99-

664-P), June 23, 2013 - RODOLFO C. SABIDONG,
Complainant, v. NICOLASITO S. SOLAS (CLERK OF
COURT IV), Respondent.

A.M. No. P-08-2439 (Formerly OCA IPI No. 08-

2733-P), June 25, 2013 - JUDGE MA. MONINA S.
MISAJON, MUNICIPAL TRIAL COURT (MTC), SAN
JOSE, ANTIQUE, Complainant, v. JERENCE P.
HIPONIA, CLERK II, ELIZABETH B. ESCANILLAS,
STENOGRAPHER I, WILLIAM M. YGLESIAS, PROCESS
SERVER, AND CONRADO A. RAFOLS, JR., UTILITY
AIDE, ALL OF THE SAME COURT, Respondents.

A.M. No. P-11-2980 (Formerly OCA I.P.I. No. 08-

3016-P), June 10, 2013 - LETICIA A. ARIENDA,
Complainant, v. EVELYN A. MONILLA, COURT
STENOGRAPHEIL III, REGIONAL TRIAL COURT,
BRANCH 4, LEGAZPI CITY, Respondent.

A.M. No. RTJ-09-2181 [Formerly A.M. No. 09-4-

174-RTJ], June 25, 2013 - OFFICE OF THE COURT
ADMINISTRATOR, Complainant, v. RETIRED JUDGE
GUILLERMO R. ANDAYA, Respondent.

A.M. NO. SCC-08-11-P, June 18, 2013 - CIVIL

SERVICE COMMISSION, Complainant, v. ISMAEL A.
HADJI ALI, COURT STENOGRAPHER I, SHARI'A
CIRCUIT COURT, TUBOD, LANAO DEL NORTE
[FORMERLY A.M. NO. 04-9-03-SCC] (RE: FORMAL
CHARGE BY THE CIVIL SERVICE COMMISSION VS.
ISMAEL A. HADJI ALI, COURT STENOGRAPHER I,
SHARI'A CIRCUIT COURT, TUBOD, LANAO DEL
NORTE), Respondent.

A.M. SB -13-20-P [Formerly A.M. No. 12-29-SB-P],

June 26, 2013 - RIA PAMELA B. ABULENCIA AND
BLESSIE M. BURGONIO, COMPLAINANTS, v. REGINO
R. HERMOSISIMA, SECURITY GUARD II, SHERIFF AND
SECURITY DIVISION, SANDIGANBAYAN, Respondent.

Adm. Case No. 7332, June 18, 2013 - EDUARDO A.

ABELLA, Complainant, v. RICARDO G. BARRIOS, JR.,
Respondent.

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