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  • Macasaet v. Francisco

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    Ivee Ong
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    This case involved a libel suit filed against a newspaper publication called Abante Tonite and its petitioners. The respondent alleged that an article published by the petitioners damaged him. The respondent argued that Abante Tonite could not be sued as it was not incorporated as a legal entity. However, the court ruled that Abante Tonite could be considered a "corporation by estoppel" since it presented itself as a corporation to the public, even though it was not formally incorporated. As a corporation by estoppel, Abante Tonite had attributes of a legal person and could be sued for damages caused to others.

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    Case Digest of Macasaet v. Francisco

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    This case involved a libel suit filed against a newspaper publication called Abante Tonite and its petitioners. The respondent alleged that an article published by the petitioners damaged him. The respondent argued that Abante Tonite could not be sued as it was not incorporated as a legal entity. However, the court ruled that Abante Tonite could be considered a "corporation by estoppel" since it presented itself as a corporation to the public, even though it was not formally incorporated. As a corporation by estoppel, Abante Tonite had attributes of a legal person and could be sued for damages caused to others.

    Copyright:

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

    Macasaet v. Francisco

    Uploaded by

    Ivee Ong
    This case involved a libel suit filed against a newspaper publication called Abante Tonite and its petitioners. The respondent alleged that an article published by the petitioners damaged him. The respondent argued that Abante Tonite could not be sued as it was not incorporated as a legal entity. However, the court ruled that Abante Tonite could be considered a "corporation by estoppel" since it presented itself as a corporation to the public, even though it was not formally incorporated. As a corporation by estoppel, Abante Tonite had attributes of a legal person and could be sued for damages caused to others.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Macasaet

    v.
    Francisco
    G.R. No. 156759
    June 5, 2013

    Facts:
    Respondent in this case sought for damages against the petitioner for an allegedly
    libelous article published by the petitioners.Respondents moved to drop the Abante Tonite
    since it cannot be impleaded in a civil suit being neither a natural nor a juridical person.

    Issue: Whether or not Abante Tonite can be sued?

    Ruling: Yes.

    Corporation by estoppel results when a corporation represented itself to thepublic as


    such despite its not being incorporated. A corporation by estoppelmay be impleaded as a party
    defendant considering that it possessesattributes of a juridical person, otherwise, it cannot be
    held liable for damagesand injuries it may inflict to other persons.

    In this case, Abante Tonite is considered as a corporation by estoppel as theresult of its


    having represented to the reading public as a corporation despiteit not being incorporated. It’s
    non-incorporation with the SEC is of noconsequence, for otherwise, whoever of the public who
    would suffer anydamage from the publication of the articles in the pages of its tabloids
    wouldbe left without recourse.

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