Title
Maria Carla Pirovano vs. De La Rama Steamship Co.
Case
G.R. No. L-5377
Decision Date
Dec 29, 1954
Dispute over a corporate donation to late executive's children; court ruled donation valid but conditional on settling company debt.

Case Digest (G.R. No. L-5377)
Expanded Legal Reasoning Model

Facts:

  • Parties and corporate context
    • Plaintiffs are the four minor children of the late Enrico Pirovano, represented by their mother and judicial guardian, Estefania R. Pirovano.
    • Defendant is The De la Rama Steamship Co., Inc., a Philippine corporation with capital stock originally P500,000, later increased, controlled chiefly by the De la Rama family and with representation of the National Development Company.
  • Insurance policies and corporate resolutions
    • In early 1941 the company insured Pirovano’s life for ₱1,000,000. Policies with Filipino insurers lapsed during the war; American policies remained in force.
    • July 10, 1946: Board of Directors and stockholders unanimously resolved to set aside ₱400,000 (4,000 shares at par) from proceeds for Pirovano’s four minor children.
    • Late 1946: Family members, upon realizing the shares’ market value, sought to retract their pre-emptive waivers; BoD in turn adopted new form of benefit.
    • January 6, 1947: BoD renounced all rights as beneficiary over insurance proceeds in favor of the children, to be retained by the company as a loan bearing 5% interest, payable only after settling its then bonded indebtedness (~₱5 million). National Development Company concurred.
    • June 24, 1947: BoD amended that interest may be paid “whenever the company is in a position to meet said obligation.”
    • February 26, 1948: Guardian formally accepted the donation; BoD took “official notice.”
    • July 25 & September 5, 1949: BoD and guardian executed sale of a New Rochelle, New York house (cost US$75,000) to the children out of trust funds; court approved.
    • September 13, 1949: Stockholders ratified the donation, clarifying (a) no payment until liquidation or redemption of outstanding preferred shares (~₱3.26 million) issued to National Development Company, and (b) deduction of taxes and expenses from proceeds.
    • June 20, 1950: Securities & Exchange Commission opined the donation ultra vires; BoD considered alternatives but took no action.
    • March 8, 1951: Majority stockholders passed a resolution revoking ratification of the January 6, 1947 donation resolution.
    • Plaintiffs demanded payment (₱564,980.89 as of December 31, 1951) with interest; defendant refused, prompting this suit in the Court of First Instance of Rizal.

Issues:

  • Nature of the grant
    • Whether the corporate grant of insurance proceeds to the Pirovano children is a remunerative donation.
  • Perfection and irrevocability
    • Whether the donation was validly perfected and thus cannot be rescinded by defendant.
  • Corporate power and ultra vires
    • Whether the corporation had legal or charter authority to make such a donation, or whether it was ultra vires.
  • Condition precedent
    • Whether defendant’s subsequent conduct frustrated the condition precedent to payment, rendering the donation immediately demandable.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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