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    Module 1 Case 43

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    Onana
    This case discusses whether venue was properly laid in Cebu City for a complaint filed by Young Auto Supply Co. Inc. (YASCO) against George Roxas regarding an unpaid balance from the sale of YASCO's shares. YASCO's articles of incorporation state its principal office is located in Cebu City. However, Roxas argued venue was improper based on YASCO's address appearing on other documents being in Pasay City. The Court of Appeals agreed with Roxas and held venue was improper in Cebu City. However, the Supreme Court ruled that YASCO's registered principal address according to its articles of incorporation is Cebu City, making it the proper venue. The Court affirmed that

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    Module 1 Case 43

    Uploaded by

    Onana
    37 views1 page
    This case discusses whether venue was properly laid in Cebu City for a complaint filed by Young Auto Supply Co. Inc. (YASCO) against George Roxas regarding an unpaid balance from the sale of YASCO's shares. YASCO's articles of incorporation state its principal office is located in Cebu City. However, Roxas argued venue was improper based on YASCO's address appearing on other documents being in Pasay City. The Court of Appeals agreed with Roxas and held venue was improper in Cebu City. However, the Supreme Court ruled that YASCO's registered principal address according to its articles of incorporation is Cebu City, making it the proper venue. The Court affirmed that

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    This case discusses whether venue was properly laid in Cebu City for a complaint filed by Young Auto Supply Co. Inc. (YASCO) against George Roxas regarding an unpaid balance from the sale of YASCO's shares. YASCO's articles of incorporation state its principal office is located in Cebu City. However, Roxas argued venue was improper based on YASCO's address appearing on other documents being in Pasay City. The Court of Appeals agreed with Roxas and held venue was improper in Cebu City. However, the Supreme Court ruled that YASCO's registered principal address according to its articles of incorporation is Cebu City, making it the proper venue. The Court affirmed that

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views1 page

    Module 1 Case 43

    Uploaded by

    Onana
    This case discusses whether venue was properly laid in Cebu City for a complaint filed by Young Auto Supply Co. Inc. (YASCO) against George Roxas regarding an unpaid balance from the sale of YASCO's shares. YASCO's articles of incorporation state its principal office is located in Cebu City. However, Roxas argued venue was improper based on YASCO's address appearing on other documents being in Pasay City. The Court of Appeals agreed with Roxas and held venue was improper in Cebu City. However, the Supreme Court ruled that YASCO's registered principal address according to its articles of incorporation is Cebu City, making it the proper venue. The Court affirmed that

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Legal

    Case Title(s) and question/problem/issue Legal Provisions/Legal


    Why is this a problem? Conclusion
    Citation presented by the principle or Rule Involved
    case(s)
    YOUNG AUTO Was there a proper Young Auto Supply Co. Inc. sold all of Sec. 14 of the Corporation Yes. The Article of Incorporation of
    SUPPLY v. CA venue? their shares of stock in CMDC to George Code. All corporations YASCO states that the place where the
    Roxas for P8 000,000.00. Roxas has an organized under this code principal office of the corporation is to be
    unpaid balance of P3, 400,000.00. Thus shall file with the Securities established or located is at Cebu City,
    223 S 670 petitioners filed a complaint against him and Exchange Commission Philippines. The Court of Appeals thus erred
    in the Regional Trial Court, Branch 11, articles of incorporation in in holding that the venue was improperly
    Cebu City. Roxas filed a motion to any of the official languages laid in Cebu City.
    dismiss on the ground that the venue was duly signed and
    improperly laid. The trial court denied the acknowledged by all of the The Court ruled that to allow an action to be
    motion. On appeal, the Court of Appeals incorporators, containing instituted in any place where the corporation
    held that the venue was improperly laid in substantially the following has branch offices, would create confusion
    Cebu City. It relied on the address of matters, except as otherwise and work untold inconvenience to said
    YASCO, as appearing in the Deed of Sale, prescribed by this Code or entity. By the same token, a corporation
    which is "No. 1708 Dominga Street, by special law: cannot be allowed to file personal actions in
    Pasay City." This was the same address a place other than its principal place of
    written in YASCO's letters and several 3. The place where the business unless such a place is also the
    commercial documents in possession of principal office of the residence of a co-plaintiff or a defendant.
    Roxas. In the case of Garcia, the Court of corporation is to be located, With the finding that the residence of
    Appeals said that he gave Pasay City as which must be within the YASCO for purposes of venue is in Cebu
    his address in letters, which he sent to Philippines. City, where its principal place of business is
    Roxas' brothers and sisters. located, it becomes unnecessary to decide
    whether Garcia is also a resident of Cebu
    City and whether Roxas was in estoppel
    from questioning the choice of Cebu City as
    the venue.

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