Moreover, it would allege that there was a failure to observe certain requirements of its by-laws before new stock certificates could be issued. At least, the objectives of the development were now being achieved We start with the undeniable premise that, "a corporation is an artificial being created by operation of law There is a great difference between actions against the Administrator which must be filed strictly in accordance with the conditions that are imposed by the Veterans' Act, including the exclusive review by United States courtsand those actions where the Veterans' Administrator seeks a remedy from our courts and submits to their jurisdiction by filing actions therein.
What carries weight and conviction is the result arrived at, the just solution obtained, grounded in the soundest of legal doctrines and distinguished by its correspondence with what a sense of realism requires.
In the first place, there is no such occasion to apply such by-law. The powerful opponents of reform were silenced and the organized opposition was also quilted.
It is to argue that it may, when so minded, overrule the state, the source of its very existence; it is to contend that what any of its governmental organs may lawfully require could be ignored at will. In seeking a reconsideration of such order, the Administrator relied on an American federal statute making his decisions "final and conclusive on all questions of law or fact" precluding any other American official to examine the matter anew, "except a judge or judges of the United States court.
The domiciliary administrator did not comply with the order, and on February 11,the ancillary administrator petitioned the court to "issue an order declaring the certificate or certificates of stocks covering the 33, shares issued in the name of Idonah Slade Perkins by Benguet Consolidated, Inc.
When a person dies intestate owning property in the country of his domicile as well as in a foreign country, administration is had in both countries. The challenged order constitutes an emphatic affirmation of judicial authority sought to be emasculated by the wilful conduct of the domiciliary administrator in refusing to accord obedience to a court decree.
These associates of Marcos then used these as fronts to launder proceeds from institutionalized graft and corruption in the different national governmental agencies as " crony capitalism " for personal benefit. That is not decisive.
In the first place, there is no such occasion to apply such by-law. It is easier perhaps and more comfortable to look back to the solace of a familiar and mediocre past.
Collector of Internal Revenue8 finds application. As is true of many problems confronting the judiciary, such a response was called for by the realities of the situation.
As Berle so aptly stated: As set forth in the brief of appellant Benguet Consolidated, Inc. Any other view would result in the compliance to a valid judicial order being made to depend on the uncontrolled discretion of the party or entity, in this case domiciled abroad, which thus far has shown the utmost persistence in refusing to yield obedience.
Nor could it successfully do so even if it were so minded. It is understandable, as Cardozo pointed out, that the Constitution overrides a statute, to which, however, the judiciary must yield deference, when appropriately invoked and deemed applicable.
Bush praised Marcos for his "adherence to democratic principles and to the democratic processes". Ambassador to the U. Graft and corruption via bribery, racketeeringand embezzlement became more prevalent during this era. If ever an occasion did call for the employment of a legal fiction to put an end to the anomalous situation of a valid judicial order being disregarded with apparent impunity, this is it.
That is not decisive. Its obedience to a lawful court order certainly constitutes a valid defense, assuming that such apprehension of a possible court action against it could possibly materialize. Code, invoked by the appellant, make the decisions of the U.
Benguet Consolidated is a corporation who owes its existence to Philippine laws. The fear of appellant of a contingent liability with which it could be saddled unless the appealed order be set aside for its inconsistency with one of its by-laws does not impress us. More than that, it cannot legitimately refuse to yield obedience to acts of its state organs, certainly not excluding the judiciary, whenever called upon to do so.
Assuming that a contrariety exists between the above by-law and the command of a court decree, the latter is to be followed. Now it was possible to have the needed changes undertaken through presidential decree.
It is always easy to conjure extreme and even oppressive possibilities. Marcos and his allies claimed that Benigno Aquino Jr. It is worth noting that CTC-NY did not appeal the order of the court — it simply refused to turn over the stock certificates hence ownership can be said to have been settled in favor of estate of Perkins here.
How, then, can this order be stigmatized as illegal. To the force of the above undeniable proposition, not even appellant is insensible. In MarchIdonah Perkins died in New York. She left behind properties here and abroad.
One property she left behind were two stock certificates covering 33, shares of stocks of the Benguet Consolidated, Inc (BCI). Tayag v. Benguet, Corporation Law in the Philippines. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L November 29, TESTATE ESTATE OF IDONAH SLADE PERKINS, deceased.
RENATO D. TAYAG, ancillary administrator-appellee, vs. BENGUET CONSOLIDATED, INC., oppositor-appellant. TAYAG VS. BENGUET CONSOLIDATION G.R.
No. L November 29, Lessons Applicable: Theory of Concession (Corporate Law) FACTS: + March 27, Idonah Slade Perkins died in New York City + August 12, Prospero Sanidad instituted ancillary administration proceedings appointing ancillary administrator Lazaro A.
Marquez later on substituted by Renato D. Tayag + On January 27. Tayag vs. Benguet consolidated INC 26 SCRA Facts: Idonah Slade Perkins died in New York on Marchthe domestic administrator in New York refused to give the Stock Certificates owned by Perkins in the Benguet Consolidated Inc.
to the Ancillary administrator here in the Philippines for the purpose of satisfying the legitimate claims of local creditors.5/5(1). Philippine Jurisprudence - TESTATE ESTATE OF IDONAH SLADE PERKINS. RENATO D. TAYAG vs. BENGUET CONSOLIDATED, INC.Tayag vs benguet