Well it's a little bit irresponsible, that I can assure you. I mean you know, to have come up with such a decision like that. I mean you know, close down 23 firms with just a quick snap of a finger?, I mean was there even a study conducted to base this decision? Well I guess there is. But.. I mean you know.. DENR closing it outright? Not even one or two or three conditions for compliance before closing them down? Have you seen stock exchange in mining plunging down lately? And have you seen the faces of those Filipino-Chinese owners of these mining firms? They're all at a lost, sheepishly looking at each other, couldn't even brake a glass my goodness hahahaha! Horrible faces.
But I dunno, I think we have more than a hundred active mining companies in the country. Less than half of these operating mining firms are metallic miners who dig not merely for gold or silver or what, (di naman literally mga gold digger tong mga to eh) most of them search for nickel and chromite, the primary material for making our coins and also alloys like that in the automotive industry and stuff.
And more than half of these 100 mining firms go for non-metallic commodities like limestone and sand and gravel which are basic materials for building and construction. In other words the mining industry is an integral part of economic development and national industry.
There you go..
But come to think of it, if you sum it all up, the 23 mining firms the DENR is closing down do not even comprise 1/4 of all these firms.
Just imagine if these watersheds and dividing lines between adjacent river system corrodes through irresponsible mining then you're basically reforming and deforming our natural geographical set up.
E baka di na tayo mag mukang archipelago nyan.. puro tubig na tayo LOL.
I mean don't they even realize that unlike Illegal Logging these stones cannot be regrown like the trees we cut?
Well I guess there has to be regulation somewhere.
And of course the President may overturn her decision anytime but.. let's see what happens.
E baka di na tayo mag mukang archipelago nyan.. puro tubig na tayo LOL.
I mean don't they even realize that unlike Illegal Logging these stones cannot be regrown like the trees we cut?
Well I guess there has to be regulation somewhere.
And of course the President may overturn her decision anytime but.. let's see what happens.
Let's get to the case.
This is a case that is actually attached to another case, the "USIPHIL INC. vs. Del Rosario and Sons Logging Enterprises Inc." case.
Sibagat Timber Corporation petitioner in this case of course is a logging firm. Now whether that company is a corporate fiction displaying a veil that needed to be pierced remains a mystery which we'll find out later.
Just mark the Petitioner in this case (Sibagat) in relation to the Respondent in the other case (Del Rosario).
The respondent herein however is a Court Sheriff entrusted with the implementation of a Writ of Execution to conduct a sale by public auction. Now what is this guy selling as instructed by the court? This are machinery and mining equipment which are personal property subject of controversy in the previous case. Because in the case entitled "USIPHIL INC. vs. Del Rosario and Sons Logging Enterprises Inc." these personal properties which was owned by Del Rosario & Sons were levied and so respondent Sheriff Garcia was entrusted its implementation. Pag hindi pa klaro yun.. nako.
Sibagat Timber Corporation petitioner in this case of course is a logging firm. Now whether that company is a corporate fiction displaying a veil that needed to be pierced remains a mystery which we'll find out later.
Just mark the Petitioner in this case (Sibagat) in relation to the Respondent in the other case (Del Rosario).
The respondent herein however is a Court Sheriff entrusted with the implementation of a Writ of Execution to conduct a sale by public auction. Now what is this guy selling as instructed by the court? This are machinery and mining equipment which are personal property subject of controversy in the previous case. Because in the case entitled "USIPHIL INC. vs. Del Rosario and Sons Logging Enterprises Inc." these personal properties which was owned by Del Rosario & Sons were levied and so respondent Sheriff Garcia was entrusted its implementation. Pag hindi pa klaro yun.. nako.
In other words Del Rosario here is the judgment debtor.. ngayon mejo siguro ayaw pakawalan ni Del Rosario yung mga gamit nya e di gumawa sya ng isa pang kumpanya para palabasen na actually hindi ako may-ari nyan eh.. si Sibagat... or maybe he has bought Sibagat to answer a need in the future such as this.
Now here comes Sibagat.. on the day of the scheduled levy, Sibagat Timber, represented by Mariano Rana, filed a 3rd Party complaint stating that it is the lawful owner of the properties levied by virtue of I dunno I think a deed of Sale or something. (kalokohan). So yun nga parang naghahabol pa din si Del Rosario.
Also a TRO was obtained by Sibagat. (Weh!! as in ha.. desperado) However, the public auction proceeded and USIPHIL INC. acquired the certificate of sale for the properties auctioned. So diretso pa din si Sheriff Garcia. Good job!
And USIPHIL INC. filed a motion to dismiss against Sibagat's application for preliminary injunction and the same was granted.
The CA likewise dismissed Sibagat's appeal, hence this petition for review. (O malinaw yan ah)
ISSUE:
(Question) Did the CA erred in piercing the veil of corporate fiction and holding that Sibagat is one and the same as the judgment debtor?
RULING:
NO. Because the circumstances in this case prove that Sibagat Timber Corp. is a mere instrumentality, adjunct, or conduit of Del Rosario & Sons Logging Enterprise.
As a rule, the veil of corporate fiction will be pierced when used as a shield to perpetrate fraud and/or confuse legitimate issues. There would be basis for piercing when the officers and directors of the two corporations are practically the same and both corporations hold office in the same room.
In this case, the circumstances that:
1) petitioners (Sibagat Timber) and Del Rosario & Sons Logging hold office in the same building
2) the officers and directors of both corporations are practically the same; and
3) the Del Rosarios assumed management and control of Sibagat and have been acting for and managing its business, bolster the conclusion that petitioner in an alter-ego of the Fel Rosario & Sons Logging Enterprise Inc.
Word of advice... if you're a dishonest businessman and you're gonna make a dummy company to do the dirty work for you... my goodness wag naman yung halatang-halata... holding office in the same building?.. officers and directors.. the same? Mali.. LOL
So the veil was pierced. Sibagat therefore of course loses this case.
