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Compliance With Motion Sample

This document is a compliance filing from a plaintiff in response to a court order dated December 10, 2019. It details that the plaintiff received an order on January 22, 2019 to proceed with a hearing on a motion. The plaintiff argues that while two corporations filed for voluntary rehabilitation, based on a recent Supreme Court case, those corporations should be treated as separate legal entities from other named defendants. As such, the plaintiff requests the court to proceed with a hearing on an application for preliminary attachment against all defendants.

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Ellis Emmanuel Mogol Guerrero
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214 views

Compliance With Motion Sample

This document is a compliance filing from a plaintiff in response to a court order dated December 10, 2019. It details that the plaintiff received an order on January 22, 2019 to proceed with a hearing on a motion. The plaintiff argues that while two corporations filed for voluntary rehabilitation, based on a recent Supreme Court case, those corporations should be treated as separate legal entities from other named defendants. As such, the plaintiff requests the court to proceed with a hearing on an application for preliminary attachment against all defendants.

Uploaded by

Ellis Emmanuel Mogol Guerrero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMPLIANCE

(With Motion to Proceed Hearing)

PLAINTIFF, through the undersigned counsel, and unto the Honorable Court,
most respectfully submits its Compliance to the Order dated December 10, 2019
containing the following:

1. On January 22, 2019, Plaintiff received an Order dated December 10, 2019
which states:

(pls quote order)

2. On ____________ Plaintiff received a Commencement Order, dated


________, from the Regional Trial Court of Malabon City Branch ___ that
________________ and ______________ filed a Petition for Voluntary
Rehabilitation. The said Petitioners were represented by ______________ and
______________.

3. On January 10, 2019, the first hearing on the aforesaid case was held. The
undersigned counsel inquired upon the court orally whether or not the case only
involves the two corporations namely: ______________ . and ______________ . to
which the Honorable Court in Malabon answered in the affirmative.

4. Due to recent developments, however, Plaintiff prudently argues that the


above entitled case should proceed against the other defendants namely:
______________ and ______________ being separate and distinct legal
personalities from ______________ .

5. The Supreme Court held in the case of INTERNATIONAL ACADEMY OF


MANAGEMENT AND ECONOMICS V. LITTON AND COMPANY INC. (G.R. No. 191525,
December 13, 2017.):

“In general, corporations, whether stock or non-stock, are treated as


separate and distinct legal entities from the natural persons composing
them. The privilege of being considered a distinct and separate entity is
confined to legitimate uses, and is subject to equitable limitations to
prevent its being exercised for fraudulent, unfair or illegal purposes”
6. Plaintiff alleges in its Complaint dated _________ that ______________ and
______________ are sureties of the main debtor ______________ . While the
Surety Agreement executed by them is only accessory to the Promissory Note
executed by ______________ , their liability to the Plaintiff is direct, primary and
absolute. Moreover, the surety is bound to take notice on the principal’s default to
perform the obligation.

PRAYER

Wherefore, premises considered, it is respectfully prayed that the Honorable


Court proceed with the hearing on the Application for Preliminary Attachment.

Other just and equitable reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED.

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