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Tayag Vs Benguet

Tayag is the ancillary administrator of the estate of a deceased foreign national, Idonah Slade Perkins, who owned shares of stock in a Philippine corporation. The court ordered the domestic administrator to deliver the stock certificates to Tayag to pay local creditors, but the administrator refused. The court then ordered the corporation to issue new stock certificates, but the corporation refused, claiming it would violate its bylaws. The summary examines whether the corporation's refusal was valid, given that ancillary administration is required when a foreign national owns local assets, and corporations must obey court orders as creations of law.

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130 views1 page

Tayag Vs Benguet

Tayag is the ancillary administrator of the estate of a deceased foreign national, Idonah Slade Perkins, who owned shares of stock in a Philippine corporation. The court ordered the domestic administrator to deliver the stock certificates to Tayag to pay local creditors, but the administrator refused. The court then ordered the corporation to issue new stock certificates, but the corporation refused, claiming it would violate its bylaws. The summary examines whether the corporation's refusal was valid, given that ancillary administration is required when a foreign national owns local assets, and corporations must obey court orders as creations of law.

Uploaded by

john ryan anatan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TAYAG VS BENGUET CONSOLIDATED

Tayag is the ancillary administrator of the late IDONAH SLADE PERKINS. The
latter has also a domiciliary administrator in America. The deceased left a
property here in the Philippines in the form of shares of stocks in the RC. The
court ordered the DA to deliver the stocks certificates to Tayag to satisfy the
legitimate claims of local creditors. The DA refused or didnt act on the order
of the court which precipitated the latter to issue an order directing the RC to
consider the SC lost and to furnish another SC and deliver it to the court. PC
didnt adhere to the order claiming that to follow the order would violate
their by laws and the SC are not lost but in the possession of the DA.
Whether or not the contention of PC is tenable
The ancillary administration is proper, whenever a person dies, leaving in a
country other than that of his last domicile, property to be administered in
the nature of assets of the deceased liable for his individual debts or to be
distributed among his heirs (Johannes v. Harvey, 43 Phil. 175). Ancillary
administration is necessary or the reason for such administration is because
a grant of administration does not ex proprio vigore have any effect beyond
the limits of the country in which it is granted. Hence, an administrator
appointed in a foreign state has no authority in the Philippines.
A corporation is an artificial being created by operation of law (Sec. 2, Act
No. 1459). A corporation as known to Philippine jurisprudence is a creature
without any existence until it has received the imprimatur of the state acting
according to law. It is logically inconceivable therefore that it will have rights
and privileges of a higher priority than that of its creator. More than that, it
cannot legitimately refuse to yield obedience to acts of its state organs,
certainly not excluding the judiciary, whenever called upon to do so. A
corporation is not in fact and in reality a person, but the law treats it as
though it were a person by process of fiction, or by regarding it as an
artificial person distinct and separate from its individual stockholders

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