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    Ty vs. Jamil GR No. 182147, DECEMBER 15, 2010 Facts:: Corporate Officers

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    Andrea Nicole Parce
    The National Bureau of Investigation (NBI) conducted surveillance on Omni Gas Corporation for suspected illegal petroleum trading and underfilling of LPG cylinders. An NBI test purchase found underfilled cylinders without proper seals. A search warrant was obtained and several items were seized from Omni's premises. The Secretary of Justice initially reversed the finding of probable cause but later reinstated it. The Court held that only Arnel Ty, as Omni's President, could be held liable as the other petitioners were members of the Board of Directors, which is primarily responsible for policy not daily operations.

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    Ty vs. Jamil GR No. 182147, DECEMBER 15, 2010 Facts:: Corporate Officers

    Uploaded by

    Andrea Nicole Parce
    36 views1 page
    The National Bureau of Investigation (NBI) conducted surveillance on Omni Gas Corporation for suspected illegal petroleum trading and underfilling of LPG cylinders. An NBI test purchase found underfilled cylinders without proper seals. A search warrant was obtained and several items were seized from Omni's premises. The Secretary of Justice initially reversed the finding of probable cause but later reinstated it. The Court held that only Arnel Ty, as Omni's President, could be held liable as the other petitioners were members of the Board of Directors, which is primarily responsible for policy not daily operations.

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    The National Bureau of Investigation (NBI) conducted surveillance on Omni Gas Corporation for suspected illegal petroleum trading and underfilling of LPG cylinders. An NBI test purchase found underfilled cylinders without proper seals. A search warrant was obtained and several items were seized from Omni's premises. The Secretary of Justice initially reversed the finding of probable cause but later reinstated it. The Court held that only Arnel Ty, as Omni's President, could be held liable as the other petitioners were members of the Board of Directors, which is primarily responsible for policy not daily operations.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views1 page

    Ty vs. Jamil GR No. 182147, DECEMBER 15, 2010 Facts:: Corporate Officers

    Uploaded by

    Andrea Nicole Parce
    The National Bureau of Investigation (NBI) conducted surveillance on Omni Gas Corporation for suspected illegal petroleum trading and underfilling of LPG cylinders. An NBI test purchase found underfilled cylinders without proper seals. A search warrant was obtained and several items were seized from Omni's premises. The Secretary of Justice initially reversed the finding of probable cause but later reinstated it. The Court held that only Arnel Ty, as Omni's President, could be held liable as the other petitioners were members of the Board of Directors, which is primarily responsible for policy not daily operations.

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    CORPORATE OFFICERS

    TY vs. JAMIL
    GR No. 182147, DECEMBER 15, 2010

    FACTS:
    Petitioners are stockholders of Omni Gas Corporation ("Omni"). They are being suspected of engaging in illegal
    trading of petroleum products and underfilling of branded LPG cylinders in violation of B.P. 33, as amended by
    P.D. 1865. NBI Agents Marvin De Jemil and Edgardo Kawada conducted surveillance operations on Omni. On
    15 April 2004, the NBI Agents carried out a test-buy. Using eight branded LPG cylinders from Shell, Petron and
    Total, they went to Omni for refilling. Omni refilled the cylinders. The NBI agents paid more than P1500. LPG
    Inspector Noel Navio found that the LPG cylinders were without LPG valve seals and one of the cylinders was
    actually underfilled.

    On 28 April 2004, Agent De Jemil obtained a search warrant from Pasig RTC branch 167. The NBI seized several
    items from Omni's premises. Subsequently, Agent De Jemil filed his Complaint-Affidavit before the DOJ. The
    Assistant City Prosecutor of Pasig found probable cause for violation of BP 33. This was later approved by Chief
    State Prosecutor Jovencito Zuno.

    Petitioners appealed the decision to the Secretary of Justice, who later reversed the decision of the Office of
    the Chief State Prosecutor. NBI Agent De Jemil moved for reconsideration. However, it was denied. He thus
    filed a petition for certiorari under Rule 65 with the Court of Appeals.

    The Court of Appeals affirmed the decision of Secretary of Justice. It later reversed itself and reinstated the
    Resolution of the Chief State Prosecutor.

    ISSUE:
    W/N petitioners can be held liable therefor.

    HELD:
    NO. Only Arnel Ty, as President of Omni, is liable. The other petitioners, who are members of Omni's Board of
    Directors, are not liable. Sec. 4 of BP 33 enumerates the persons who may be held liable, viz: (1) the president,
    (2) general manager, (3) managing partner, (4) such other officer charged with the management of the
    business affairs of the corporation or juridical entity, or (5) the employee responsible for such violation. The
    Board of Directors is primarily a policy-making body of the Corporation who doesn't concern itself with day-to-
    day operations.

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