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Cham
JoinedAugust 6, 2020
Articles55
Transfer of Shares of Stock
Legal Sheets

On Stock and Transfer Book and the Remedy of Mandamus

Until and unless the transfer of the shares of stock is duly recorded in the stock and transfer book of the corporation, it is not binding upon the corporation.
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Light Amidst Darkness
Random Notes

Deep into the Dark Lies a Ray of Light

We may find ourselves lost in the darkest caves and valleys. Yet, even deep into the dark, there lies a ray of light...
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Independent Directors
Legal Sheets

On Independent Directors

Both the Securities Regulation Code and the Revised Corporation Code require the election of independent directors in specified instances...
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Stay Order
Legal Sheets

Effect of Stay Order on Right of Creditors to Sue a Corporation Under Rehabilitation

The collection case instituted by creditor against the principal debtor and its surety may proceed despite a stay order...
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Piercing the veil of corporate fiction
Legal Sheets

On Piercing the Veil of Corporate Fiction – Arco Pulp and Paper versus Cupertino Realty

The separate personality of a corporation is merely a fiction of law created for convenience which may be pierced or disregarded to promote the ends of justice...
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Debt and Liability
Legal Sheets

Liability of Transferee for the Debts of Transferor When a Corporation Sells All of Its Assets to Another

Generally where one corporation sells or otherwise transfers all of its assets to another corporation, the latter is not liable for the debts and liabilities of the transferor...
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Nell Doctrine
Legal Sheets

The Nell Doctrine

The Nell Doctrine states the general rule that the transfer of all the assets of a corporation to another shall not render the latter liable to the liabilities of the transferor...
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Irrevocability Rule
Legal SheetsTax Journals

Applicability of Irrevocability Rule Under Section 76 of the Tax Code to Refund or Tax Credit Option

UPSI-MI constructively chose the option of carry-over, for which reason, the irrevocability rule forbade it to revert to its initial choice...
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Quarterly Income Tax
Legal SheetsTax Journals

Quarterly Payments of Basic Corporate Income Tax

The quarterly tax payments are advance payments of the tax due on the entire taxable income of that particular taxable year. Thus, these quarterly tax payments are deducted from the total tax due for the entire year as indicated in the final adjustment return...
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Right to Inspect Corporate Books
Legal Sheets

On the Right of a Stockholder to Inspect Corporate Books and Records

if the right is to be denied, the burden of proof is upon the corporation to show that the purpose of the shareholder is improper, by way of defense...
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Curse of Awakening
Random Notes

The Curse of Awakening

Dreams are only worth the chase while the reason for dreaming subsists. When the reason is gone, so the dreams must go...
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Derivative Suits
Legal Sheets

On Derivative Suit and Its Requisites

An individual stockholder may be permitted to institute a derivative suit in behalf of the corporation in order to protect or vindicate corporate rights whenever the officials of the corporation refuse to sue...
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Just Compensation
Legal Sheets

Just Compensation in Inverse Condemnation Proceedings When Entry into the Property was Concealed from Owner

As a measure of simple justice and ordinary fairness to them, therefore, reckoning just compensation on the value at the time the owners commenced these inverse condemnation proceedings is entirely warranted...
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Nell Doctrine Exceptions
Legal Sheets

Exceptions to the Nell Doctrine

The Supreme Court laid down the exceptions to the Nell Doctrine, in which instances, the transferee shall assume the liabilities of the transferor corporation...
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Phantom Dreams
Random Notes

Phantom Dreams

Just as I began thinking that my make-believe world was real, my phantom dreams vanished like ghosts fleeing in fear of a breaking dawn...
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Irrevocability Rule Section 76 NIRC
Legal SheetsTax Journals

Irrevocability Rule Under Section 76 of the Tax Code and Its Applicability to Refund and Tax Credit Options

Its marking of the box "To be refunded" in its 2005 annual ITR constituted its exercise of the option, and from then onwards Rhombus became precluded from carrying-over the excess creditable withholding tax...
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Atenean for Life
Random Notes

Atenean for Life

Continually learning and imparting the Ateneo brand of education while called to teach and serve, I am honored and privileged to be an Atenean...
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Community Quarantine
Legal Sheets

Mandatory Grace Period For Loans With Principal or Interest Falling Due Within Enhanced Quarantine (ECQ) Period

All Covered Institutions are required to implement a 30-day grace period for all loans with principal and/or interest falling due within the Enhanced Community Quarantine Period (ECQ Period) without incurring interest on interest, penalties, fees and other charges...
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This Blog is a platform of free speech, unhampered by censorship and constrained only by the parameters of good manners and right conduct. The Content reflects the personal thoughts and views of the authors. Nothing is intended, and everything should not be taken, as a form of professional advice or opinion.

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