sic itur ad astra

Sec. 2. Corporation defined. Q: What is the Doctrine of Piercing the Veil of Corporate Fiction? A: The Doctrine of Piercing the Veil of Corporate Fiction allows the court to disregard the separate legal personality of a corporation when it is abused or used to justify wrong, protect fraud, or evade legal obligations. This doctrine treats the corporation and its principal as one legal entity in such cases. Q: Under what circumstances can the Doctrine of Piercing the Veil of Corporate Fiction be applied? A: The doctrine can be applied when corporate identity is used to defeat public convenience, justify wrong, protect fraud, or defend crime. It can also be invoked when a corporation is a mere alter ego or business conduit of a natural person or another corporation. Q: What is the difference between Traditional Veil-Piercing and Reverse Piercing? A: Traditional Veil-Piercing occurs when a court disregards the corporate entity to hold corporate insiders liable for corporate obligations. Re...

CRIMES AGAINST PUBLIC INTEREST Art. 171 — Falsification by public officer, employee or notary or ecclesiastic minister . 1. Elements. (2008 BAR)      1. Offender is a public officer, employee, or notary public;      2. He takes advantage of his Official position;      3. He Falsifies a document by committing any of the following acts:           a. Counterfeiting or imitating any handwriting, signature or rubric;            b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;            c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;            d. Making untruthful statements in a narration of facts;            e. Altering true date...

CRIMES AGAINST PUBLIC ORDER Chapter 5:  PUBLIC DISORDER Art. 153  — Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance. 1. When is the disturbance of public order d eemed to be tumultuous? (2012 BAR) The disturbance shall be deemed tumultuous  if caused by more than three persons who are armed or provided with means of violence . 2. Ladislao Bacolod fired a submachine gun  during the town fiesta which wounded one  Consorcia Pasinio. The Information was filed  charging him of the crime of serious physical  injuries thru reckless imprudence with the  CFI of Cebu to which the defendant pleaded  guilty.   On the same date, he was arraigned in another  case for having caused a public disturbance  upon the same facts which constitute the  same basis of the indictment for serious  physical injuries. Counsel for defendant  moved to quash the s...

CRIMES AGAINST PUBLIC ORDER Chapter 2:   CRIMES AGAINST POPULAR REPRESENTATION  Art. 144  —  Disturbance of Proceedings Suppose the meeting disturbed is one  attended by municipal officials called by the  mayor, is the offender liable under Art. 144? NO . Art. 144 presupposes that the meeting  disturbed is that of a legislative body or of  provincial, city, or municipal council or board.  Here, the offender may be liable of unjust  vexation under Art. 287. ( People v. Calera, et al., C.A. 45 O.G. 2576 ) Art. 145  — Violation of Parliamentary Immunity What is the criminal liability, if any, of a  police officer who, while Congress was in  session, arrested a member thereof for  committing a crime punishable by a penalty  higher than prision mayor? (2012 BAR) The police officer incurs no criminal liability because the member of Congress has committed a crime punishable by a penalty higher than prision ma...