Case Digest (G.R. No. L-19118)
Facts:
Mariano A. Albert v. University Publishing Co., Inc., G.R. No. L-19118, January 30, 1965, the Supreme Court En Banc, Bengzon, J., writing for the Court. The suit arises from a contract dated July 19, 1948; plaintiff alleged that University Publishing Co., Inc., through Jose M. Aruego as its president, agreed to pay P30,000 for publication rights and installments were not paid.On September 24, 1949 Mariano A. Albert sued University Publishing Co., Inc. in the Court of First Instance (CFI) of Manila for breach of that contract. Defendant admitted the contract but blamed plaintiff for non-delivery and filed a counterclaim. Plaintiff died before trial; Justo R. Albert, administrator of his estate, was substituted. The CFI rendered judgment on April 26, 1954 in favor of plaintiff for P23,000 and costs; the counterclaim was dismissed.
This Court reviewed the case twice before. In G.R. No. L-9300 (April 18, 1958) the Court found plaintiff entitled to damages but reduced the award from P23,000 to P15,000. In G.R. No. L-15275 (October 24, 1960) the Court clarified that the P15,000 judgment had become final and should be executed in full. On July 22, 1961, the CFI ordered issuance of a writ of execution against University Publishing Co., Inc.
On August 10, 1961 the plaintiff (also representing the Sheriff of Manila) petitioned the CFI for issuance of the writ of execution against Jose M. Aruego as the “real defendant,” annexing a Securities and Exchange Commission (SEC) certification dated July 31, 1961 stating that the SEC records “do not show the registration of UNIVERSITY PUBLISHING CO., INC., either as a corporation or partnership.” The CFI denied the petition by order of September 9, 1961. The plaintiff appealed to this Court from the denial.
In a decision promulgated January 30, 1965, the Supreme Court set aside the lower court’s order and remanded for supplementary proceedings to carry the judgment into effect against University Publishing Co., Inc. and/or Jose M. Aruego. Thereafter, University Publishing Co., In...(Subscriber-Only)
Issues:
- May the judgment against University Publishing Co., Inc. be executed against Jose M. Aruego as the “real defendant” given the SEC certification that the corporation was not registered?
- May the University Publishing Co., Inc. be allowed, after adverse decision, to file original corporate papers not in the lower-court record to prove its corporate existence and negat...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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