Issues: 1. Is There Fraud So As To Warrant Piercing The Veil of Corporate Fiction? NO
Issues: 1. Is There Fraud So As To Warrant Piercing The Veil of Corporate Fiction? NO
Issues: 1. Is There Fraud So As To Warrant Piercing The Veil of Corporate Fiction? NO
GR 126200
Explanation:
Facts:
Marinduque Mining-Industrial Co. (MMIC) obtained various loans from Philippine National Bank
(PNB) and DBPsecured by Real Estate Mortgages (REM) and Chattel Mortgages (CM) over
all their properties in Surigao del Norte,Negros Occidental and Rizal as well as any assets it may
subsequently acquire.PNB and DBP instituted extrajudicial foreclosure against MMIC for failure
to settle it obligations where PNB andDBP emerged and was declared the highest bidder.To
ensure the continued operation of the refinery, PNB and DBP transferred and assigned all their
right andinterest to Nonoc Mining and Industrial Co. (NMIC) and Miralcum Mining Co.
(MMC).PNB and DBP later transferred those given to NMIC and MMC to the Government thru
the Asset Privatization Trust(APT) pursuant to a proclamation.Meanwhile, MMIC purchased and
caused the delivery of construction materials from RISC. This remained unpaid,however, which
prompted Remington to file a complaint for sum of money against MMIC. RISC later filed
multiple amendments to implead PNB, DBP, NMIC, MMC, Island Cement Co. (ICC), and APT
asserting that they must all be considered as one entity by piercing the veil of corporate fiction,
alleging:
1. That NMIC, MMC, ICC are wholly owned and managed by the officers of PNB and DBP;
2. that the transfer of propertieswas made in fraud of creditors; that the use of the same
premises and hiring of the same employees and officersare badged of bad faith.
Issues: