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The case of Roque vs PNB revolves around the employment status of Roque, who was dismissed after PNB International Finance Ltd transferred operations to its HK branch. The court ruled that PNB HK is an alter ego of PNB, affirming that Roque's employment was not severed despite the restructuring and that PNB Global served merely as an instrumentality of PNB. The ruling emphasized the intertwined corporate structures and the use of PNB's letterhead in communications with Roque, supporting the alter ego theory.

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Rod Albert Canete
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62 views1 page

Untitled Document

The case of Roque vs PNB revolves around the employment status of Roque, who was dismissed after PNB International Finance Ltd transferred operations to its HK branch. The court ruled that PNB HK is an alter ego of PNB, affirming that Roque's employment was not severed despite the restructuring and that PNB Global served merely as an instrumentality of PNB. The ruling emphasized the intertwined corporate structures and the use of PNB's letterhead in communications with Roque, supporting the alter ego theory.

Uploaded by

Rod Albert Canete
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Piercing the veil -alter ego theory

Roque vs PNB GR 246270

Facts:

PNB International Finance Ltd is a subsidiary of PNB hired Roque as a general clerk.
It transferred its operations to PNB HK Branch which resulted in the assignment of Roque in
HK Branch as supervisor. After a series of acquisitions and merging between the PNB. It
ended with the termination of Roque'e employment.
With a belief that the dismissal was illegal against PNB with the NLRC Regional Arbitration.
PNB then moved to dismiss the complaint alleging that NLRC has no jurisdiction and that
Roque was not an employee of PNB but of PNB Global. Roque countered that PNB Global
is a mere instrumentality of PNB.

Consequently, the Labor Arbiter ruled in favor of Roque and affirm her claim that she
was illegally dismissed and entitled for remuneration. Aggrieved by the decision, PNB then
sought an appeal. This time the decision was revesed and Roques' complaint was dismissed
which resulted in seeking relief in the Court of Appeals whose decision affirmed the findings
of NLRC ruling that PNB Global is Roque's sole employer and her assignment to PNB HK is
merely for training. This led to the elevation to the highest court.

Issue: Whether or Not PNB HK is a mere alter ego of PNB

Ruling:
Yes, PNB HK is a mere alter ego of PNB. The corporate structures of PNB Hong
Kong Group's entities were so intertwined to the point that streamlining and reorganization
was done as one unit.. A corporation is merely a farce or business conduit of the
corporation. The indisputable facts were established that during the tenure of her service,
the several transfers between the PNBs subsidiaries did not sever her employment. Further,
the memoranda sent to Roque after the restructuring used the PNB's letterhead. These
circumstances warrant an intertwined connection between PNB and PB Global sustaining
the alter ego theory.

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