Case Summary (G.R. No. 211108)
Procedural History
Roque filed a Petition for Review on Certiorari under Rule 45, contesting the Decision dated August 31, 2012, and the Resolution dated January 22, 2014, of the Court of Appeals (CA). The CA reversed an earlier Order dated November 12, 2008, from the Regional Trial Court (RTC) of Bulacan, which had granted Roque and Singson a motion to file a demurrer to evidence, dismissing the case on the basis that BMTODA had not been proven to exist as a corporation.
Facts of the Case
In August 2003, Ongjoco discovered the misappropriation of funds within BMTODA and requested from Roque and Singson the necessary association records under Section 74 of the Corporation Code. His requests were denied. Following the refusal, Ongjoco lodged a complaint against Roque and Singson for infringing upon his rights as a member to examine corporate records. The Office of the City Prosecutor found probable cause, ultimately leading to the Information filed against both Roque and Singson for failing to maintain records and allowing member access post-request.
The RTC’s Ruling
The RTC dismissed the case after granting a demurrer to evidence which asserted that Ongjoco failed to demonstrate BMTODA's legal existence. The RTC concluded that the lack of verified existence meant that the Corporation Code’s provisions could not be enforced against Roque and Singson.
The CA's Reversal
On appeal, the CA found sufficient evidence of BMTODA’s registration and existence at the time of Ongjoco's requests. The CA reasoned that documentary evidence indicating a valid corporate entity was present, thus providing grounds for the prosecution to proceed. The reversal mandated that the case return to the RTC for further defense presentation.
Key Legal Issues
Central to Roque’s petition was the claim of insufficient evidence to establish BMTODA's existence as a corporation, arguing it could not be penalized under provisions of the Corporation Code. However, the provisions of Sections 74 and 144 of the Corporation Code stipulate liabilities and penalties for officers refusing access to corporate records when a valid request is made by a member.
Evidence of Demand
The case established that Ongjoco had indeed made a formal written request for records, as required by law, and Roque and Singson’s failure to furnish those records represented a violation of their ob
...continue readingCase Syllabus (G.R. No. 211108)
Case Overview
- The case involves a Petition for Review on Certiorari filed by Alejandro Roque, challenging the Court of Appeals' Decision dated August 31, 2012, and Resolution dated January 22, 2014.
- The central issue is the validity of the Regional Trial Court's (RTC) Order dated November 12, 2008, which granted Roque and his co-accused, Rosalyn Singson, leave to file a demurrer to evidence in a criminal case for violation of the Corporation Code.
Background of the Case
- Barangay Mulawin Tricycle Operators and Drivers Association, Inc. (BMTODA), was registered as a corporation with the Securities and Exchange Commission (SEC) on November 17, 1993.
- In August 2003, Ongjoco, a member of BMTODA, discovered that the association's funds were missing and sought copies of the association's documents.
- Ongjoco's requests to Roque and Singson for BMTODA's records were denied, prompting him to file an Affidavit-Complaint against them for violating Section 74 in relation to Section 144 of the Corporation Code.
Proceedings in the Regional Trial Court
- The Office of the City Prosecutor found probable cause against Roque and Singson, leading to the filing of Information in the RTC.
- After the prosecution rested its case, Roque and Singson filed a Motion for Leave of Court to File Demurrer to Evidence.
- The RTC granted this motion, ruling that the association had failed to prove its existence as a corporation, which led to the dismissal of the case.