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Facts:
● Petitioner Linden Suites Inc. discovered that the concrete retaining wall of the adjacent building, One Magnificent Mile (OMM), owned by respondent Meridien Far East Properties, Inc., had encroached on its property line. ● Respondent’s workers were unable to finish i t and a substantial part still needed to be removed. Petitioner completed the demolition, and demanded payment of the cost of the additional works to the respondent. ● Respondent refused to pay, which l ed to the filing of the complaint ● RTC adjudged respondent l iable the cost of the demolition. CA affirmed the ruling of the RTC. ● Thereafter, petitioner filed a motion for i ssuance of a writ of execution before the RTC. ● On April 5 and 14, 2010, Sheriff Boco attempted to serve the writ on respondent i n i ts office address i n Makati City but failed. Petitioner then advised the sheriff to serve the writ to respondent at 2/F, Soho Central Condominium l ocated i n Mandaluyong City. ● Sheriff Boco proceeded to the said condominium to serve the writ. However, Atty. Baculi, Legal Officer of Meridien East Realty and Development Corp. (MERDC), i nformed him that i t was Meridien Development Group, Inc. (MDGI), not respondent, which owned the office in the said address. ● Sheriff Boco returned the writ unserved as per Sheriffs Return ● Petitioner observed that the 2006 GIS of respondent and 2009 GIS of MERDC stated the same officers, and the officers l ikewise shareholders of both corporations and had similar residential addresses. ● Petitioner filed an Urgent Motion to Examine Judgment Obligor ● Respondent claimed that their examination i s a violation of the doctrine of separate corporate personality. Respondent further asserted that the officers cannot be required to appear before the RTC Pasig City as they reside i n Makati City, where respondent’s office sits. Issue: Whether or not the doctrine of separate j uridical personality i s applicable in the case at bench. (NO) Ruling: ● The well-settled doctrine of separate j uridical personality i s inapplicable in this case. ● Petitioner wanted the officers to be examined not for the purpose unto them the l iability of respondent as i ts j udgment obligor. ● It never averred i n the motion any i ntention to make the officers l iable for respondeznt’s obligation due to the l atter’s purported attempts to evade the execution of the final j udgment. ● The sole objective of the examination of the officers was to ascertain the properties and i ncome of the respondent which can be subjected for execution i n order to satisfy the final judgment and nothing else.
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