JurisAtlas

HomeBar Review2018Remedial LawQuestion II

Question II

2018 Bar · Remedial Law · 1 sub-question

II. Dendenees Inc. and David, both stockholders owning collectively 25% of Darwinkle Inc., filed an action before the RTC of Makati to compel its Board of Directors (BOD) to hold the annual stockholders' meeting (ASM) on June 21, 2017, as required by Darwinkle Inc. 's By-Laws, with prayer for preliminary mandatory injunction to use as record date April 30, 2017. The complaint alleged, among others, that the refusal to call the ASM on June 21, 2017 was rooted in the plan of the BOD to allow Databank Inc. (which would have owned 50% of Darwinkle Inc. after July 15, 2017) to participate in the ASM to effectively dilute the complainants' shareholdings and ease them out of the BOD. Dendenees Inc. and David paid the amount of PhP 7 ,565 as filing fees based on the assessment of the Clerk of Court. The BOD filed a motion to dismiss on the ground of lack of jurisdiction. They averred that the filing fees should have been based on the actual value of the shares of Dendenees Inc. and David, which were collectively worth PhP 450 million. If you were the Judge, will you grant the motion to dismiss? (5%)

Model answer · ALAC

Answer — Legal basis — Application — Conclusion.

AI-drafted in ALAC form and AI-verified against landmark authorities — refined with every round of verification.

Sign in free to read Question I of every Remedial Law year — subscribe to unlock all model answers & authorities.

Sign in or register — it's freeHave an access code? Redeem it →