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Regional Trial Court

Nikki Armecin, owner and president of UHAB Corporation, files a motion to exclude herself as a respondent in the case of Iyanmark Macapagal versus UHAB Corporation and Nikki Armecin. She argues that she cannot be held personally liable because UHAB Corporation, not her individually, entered into the contract with the plaintiff and she acted in her official capacity as owner and president. Furthermore, under corporation law, a corporation has a separate legal personality from its members or shareholders. Therefore, the plaintiff should only proceed against UHAB Corporation and Nikki Armecin should be excluded as a respondent.

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Nikki Joanne Armecin Lim
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125 views2 pages

Regional Trial Court

Nikki Armecin, owner and president of UHAB Corporation, files a motion to exclude herself as a respondent in the case of Iyanmark Macapagal versus UHAB Corporation and Nikki Armecin. She argues that she cannot be held personally liable because UHAB Corporation, not her individually, entered into the contract with the plaintiff and she acted in her official capacity as owner and president. Furthermore, under corporation law, a corporation has a separate legal personality from its members or shareholders. Therefore, the plaintiff should only proceed against UHAB Corporation and Nikki Armecin should be excluded as a respondent.

Uploaded by

Nikki Joanne Armecin Lim
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

Republic of the Philippines

Regional Trial Court


Branch 8
Cebu City

Iyanmark Macapagal

Plaintiff,

--versus— CASE NO.

UHAB Corporation and

Nikki Armecin owner and president

Respondents.

x-----------------------------------x

MOTION TO EXCLUDE RESPONDENT RESPONDENT (NIKKI ARMECIN )

Respondent through counsel, to this Honorable Court, respectfully submits that:

1. Respondent Nikki Armecin is the owner and president of UHAB Corporation;


2. UHAB Corporation entered into contract with Plaintiff and not Respondent
Nikki Armecin;
3. Having said that, Respondent cannot be made liable as he acted in his
official capacity;
4. Under the Corporation code it is a well-settled doctrine in law and in equity
that a Corporation has a distinct and separate entity from that of its members
or shareholder. Thus, Plaintiff should only go against UHAB corporation and
exclude Nikki Armecin as respondents in this cas.
5. The limitation on the separate personality of the Corporation making its
members liable is not wanting in this case;
6. Hence, Nikki Armecin- President/owner of the UHAB corporation who acted in
good faith and in accordance of his official capacity and having no showing
that she should be personally liable ,then she should withdrawn as
respondent in the above-mentioned case as this is an instance of a misjoinder
of parties

PRAYER
WHEREFORE, it is respectfully prayed with this Honorable Court that Nikki
Armecin be excluded as respondent in the above-mentioned case.

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