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G.R. No. 188146, February 01, 2017 Pilipinas Shell Petroleum Corporation, Petitioner, V. Royal Ferry Services, INC., Respondent. (LEONEN)

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This document summarizes a Supreme Court case regarding the proper venue for a petition for voluntary insolvency. The Court ruled that while a corporation is typically considered a resident of the place stated in its articles of incorporation, if it is undisputed that the corporation abandoned its old principal office, it is considered a resident of where its actual current principal office is located. In this case, while the corporation was originally based in Makati City, it had been operating out of Manila for over six months, so the petition was correctly filed in Manila.

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G.R. No. 188146, February 01, 2017 Pilipinas Shell Petroleum Corporation, Petitioner, V. Royal Ferry Services, INC., Respondent. (LEONEN)

Uploaded by

Georgina
127 views1 page
This document summarizes a Supreme Court case regarding the proper venue for a petition for voluntary insolvency. The Court ruled that while a corporation is typically considered a resident of the place stated in its articles of incorporation, if it is undisputed that the corporation abandoned its old principal office, it is considered a resident of where its actual current principal office is located. In this case, while the corporation was originally based in Makati City, it had been operating out of Manila for over six months, so the petition was correctly filed in Manila.

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This document summarizes a Supreme Court case regarding the proper venue for a petition for voluntary insolvency. The Court ruled that while a corporation is typically considered a resident of the place stated in its articles of incorporation, if it is undisputed that the corporation abandoned its old principal office, it is considered a resident of where its actual current principal office is located. In this case, while the corporation was originally based in Makati City, it had been operating out of Manila for over six months, so the petition was correctly filed in Manila.

Copyright:

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

G.R. No. 188146, February 01, 2017 Pilipinas Shell Petroleum Corporation, Petitioner, V. Royal Ferry Services, INC., Respondent. (LEONEN)

Uploaded by

Georgina
This document summarizes a Supreme Court case regarding the proper venue for a petition for voluntary insolvency. The Court ruled that while a corporation is typically considered a resident of the place stated in its articles of incorporation, if it is undisputed that the corporation abandoned its old principal office, it is considered a resident of where its actual current principal office is located. In this case, while the corporation was originally based in Makati City, it had been operating out of Manila for over six months, so the petition was correctly filed in Manila.

Copyright:

© All Rights Reserved
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G.R. No.

188146, February 01, 2017

PILIPINAS SHELL PETROLEUM CORPORATION, Petitioner, v. ROYAL FERRY SERVICES,


INC., Respondent. (LEONEN)

The venue for a petition for voluntary insolvency proceeding under the Insolvency Law is the Court of
First Instance of the province or city where the insolvent debtor resides. A corporation is considered a
resident of the place where its principal office is located as stated in its Articles of Incorporation. However,
when it is uncontroverted that the insolvent corporation abandoned the old principal office, the corporation
is considered a resident of the city where its actual principal office is currently found.

Facts:

Royal Ferry Services was incorporated on 1996 and the Articles of Incorporation provided that the
principal address of the business is at Makati City. At present, it was conducting its business and holds
office in Manila. In 2005, it filed a verified Petition for Voluntary Insolvency before the RTC of Manila.

RTC: Granted the petition and directed the sheriff to take possession of the properties of Royal Ferry
Services. It likewise ordered that all claims should be directed to the RTC.

Petitioner filed a Formal Notice of Claim and a Motion to Dismiss based on improper venue. It avers that
the Petition for Voluntary Insolvency should have been filed in Makati being the principal business
address of the respondent.

RTC reversed its decision.

CA: It reversed the RTC decision holding that the Manila RTC had jurisdiction over the case. The motion
for reconsideration filed by the petitioner was also denied despite its averment that Makati City and
Manila City belong to the same Region.

SC: The Petition for Insolvency was properly filed before the Regional Trial Court of Manila.

Insolvency proceedings are defined as the statutory procedures by which a debtor obtains financial relief
and undergoes judicially supervised reorganization or liquidation of its assets for the benefit of its
creditors.

Jurisdiction is acquired based on the allegations in the complaint. The relevant portion of respondent's
Petition for Voluntary Insolvency reads

Petitioner was incorporated on 18 October 1996 with principal place of business in 2521 A.
Bonifacio Street, Bangkal, Makati City. At present and during the past six months, [Royal Ferry] has held
office in Rm. 203 BF Condo Building, Andres Soriano cor. Solana St., Intramuros, Manila, within the
jurisdiction of the Honorable Court, where its books of accounts and most of its remaining assets are
kept.

Section 14 of the Insolvency Law specifies that the proper venue for a petition for voluntary insolvency is
the Regional Trial Court of the province or city where the insolvent debtor has resided in for six (6)
months before the filing of the petition.85 In this case, the issue of which court is the proper venue for
respondent's Petition for Voluntary Insolvency comes from the confusion on an insolvent corporation's
residence.

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