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      <title>Bookmarks by Suits</title>
      <link>https://padlet.com/alingiska15/Bookmarks</link>
      <description>Made with a wish on a star</description>
      <language>en-us</language>
      <pubDate>2022-06-16 06:20:56 UTC</pubDate>
      <lastBuildDate>2022-06-29 09:30:17 UTC</lastBuildDate>
      <webMaster>hello@padlet.com</webMaster>
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         <title>Question 1</title>
         <author>alingiska15</author>
         <link>https://padlet.com/alingiska15/Bookmarks/wish/2222991075</link>
         <description><![CDATA[<div>&nbsp;<br><br></div><div>Yes, AB Memorial Foundation can use the funds donated to it by its members for purchase of food and medicine for distribution to the victims of the Pinatubo eruption if the amount is reasonable by virtue of <mark>(the) </mark>express power<mark>(s)</mark> granted under the Revised Corporation Code.&nbsp;<br><br></div><div>The Revised Corporation Code <del>provides</del> <del>allows Corporations to make reasonable donations for those public welfare or charitable purposes.</del> <mark>(expressly provides that Corporations are allowed to make reasonable donations, including those for the public welfare or for charitable, or similar purposes.)</mark><br><br></div><div>The attendant facts show that AB Memorial will be using a reasonable amount of donation to distribute food and medicine for the victims of Pinatubo which is a public welfare or charitable purpose.<br><br></div><div>Hence, AB Memorial can donate the funds to the victims of Mount Pinatubo Eruption.<br><br></div>]]></description>
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         <pubDate>2022-06-16 11:53:53 UTC</pubDate>
         <guid>https://padlet.com/alingiska15/Bookmarks/wish/2222991075</guid>
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         <title>Question 2</title>
         <author>alingiska15</author>
         <link>https://padlet.com/alingiska15/Bookmarks/wish/2222991291</link>
         <description><![CDATA[<div>Yes, the case filed by Mr. Y against Z Company is considered an intra-corporate dispute <mark>(because it)</mark>&nbsp; <del>having </del>passed the relationship test and nature of the controversy test in determining what constitutes an intra-corporate controversy. &nbsp;<br><br></div><div>To determine an intra-corporate controversy, two test<mark>(s) </mark>must concur <del>which are</del>: (1) the relationship test, and (2) the nature of the controversy test. In the relationship test, the controversy must arise <del>from</del> <del>the </del>between the corporation and its stockholder. In the nature of the controversy test, the controversy must be rooted in the existence of an intra-corporate relationship and must pertain to the enforcement of the parties’ correlative rights and obligations under the Revised Corporation Code.<br><br></div><div>Applying the foregoing tests, the relationship test is present <del>when</del> <mark>(since)</mark> there is a relationship between Mr. Y as <mark>(a) </mark>stockholder <del>against</del> <mark>(and)</mark> Z company as a corporation. Likewise, the nature of controversy test is also present from the fact that <mark>(Mr. Y's subscribed share)</mark> <del>the</del> <del>same subscribed share of Mr. Y </del>&nbsp;was <del>&nbsp;likewise </del>&nbsp;<del>corporation’s other stockholde</del>r <mark>(offered to another stockholder from the corporation, which)</mark> is an issue <del>which</del> <mark>(that) </mark>pertains to Mr. Y correlative right as shareholder of the corporation.<br><br></div><div>Having passed the relationship test and nature of controversy test, Mr. Y’s case filed against Z Company is an intra-corporate controversy.<br><br></div>]]></description>
         <enclosure url="" />
         <pubDate>2022-06-16 11:54:10 UTC</pubDate>
         <guid>https://padlet.com/alingiska15/Bookmarks/wish/2222991291</guid>
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      <item>
         <title>Question 1 RCC</title>
         <author></author>
         <link>https://padlet.com/alingiska15/Bookmarks/wish/2223000341</link>
         <description><![CDATA[<div>Answer:<br><br>Yes, there is legal presumption that Cecilio is habitually engaged in commerce even if the grocery store is yet to be established.&nbsp;<br><br>The Revised Corporation Code provides that legal presumption of habitually engaging in commerce shall exist from the moment the person who intends to engage therein announces through circulars, newspapers, handbills, posters exhibited to the public, or in any other manner whatsoever an establishment which has for its object some commercial operation. Text messages may qualify to be equivalent to electronic documents.<br><br>Cecilio instructed his family members to contact the residents of their subdivision through text messages, and they did as instructed and successfully reached out to the residents. There is legal presumption that Cecilio intended to engage in trade and commerce.</div>]]></description>
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         <pubDate>2022-06-16 12:08:17 UTC</pubDate>
         <guid>https://padlet.com/alingiska15/Bookmarks/wish/2223000341</guid>
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         <title>Question 2 FRIA</title>
         <author></author>
         <link>https://padlet.com/alingiska15/Bookmarks/wish/2223092669</link>
         <description><![CDATA[<div>A. W Medical Inc. cannot be considered <del>as</del> insolvent because <mark><del>its(avoid pronouns as much as possible)</del></mark>assets are greater than its liabilities.<br><br>Under the Financial Rehabilitation and Insolvency Act, insolvency refers to the financial condition of a debtor<mark>, </mark>that is generally unable to pay its or his liabilities as they fall due in the ordinary course of business or has liabilities<mark>, </mark>that are greater than its or his assets.<br><br>W Medical Inc's assets are greater than its liabilities and <mark><del>it(avoid using pronouns)</del></mark> is able to turn a monthly profit. Moreover, nothing in the facts state<mark>,</mark>that it foresees <mark><del>its (avoid using pronouns) </del></mark>inability to pay its obligations for more than one year.<br><br>Therefore, W Medical Inc. cannot be considered insolvent.<br><br>B. No, considering that W Medical Inc. is insolvent, it cannot file a petition for suspension of payments under the Financial Rehabilitation and Insolvency Act.<br><br>The petition may only be filed by an individual debtor who has sufficient properties to cover all its debts but foresees the impossibility of meeting his debts when they are respectively due.<br><br>Granting that W Medical Inc. is insolvent, it has no sufficient properties to cover all its debts because its liabilities are greater than its assets.<br><br>Hence, W Medical Inc. cannot file a petition for suspension of payments.<br><br>C. Granting that W Medical Inc. is insolvent, it may choose to avail in court supervised voluntary proceedings or pre-negotiated rehabilitation.<br><br>Supervised voluntary proceedings or pre-negotiated rehabilitation are legally recognized modes of rehabilitation under The Financial Rehabilitation and Insolvency Act.<br><br>W Medical Inc. may avail of supervised voluntary proceedings should it foresee the impossibility of meeting debts when they respectively fall due. It may likewise file a verified petition with the court for approval of the pre-negotiated Rehabilitation Plan, which has been endorsed or approved by creditors holding at least 2/3 of the total liabilities of the debtor, including secured creditors holding more than 50% if the total secured claims of the debtor and the unsecured creditors holding more than 50% of the total unsecured claims of the debtor.&nbsp;<br><br>Supervised voluntary proceedings or pre-negotiated rehabilitation are legally recognized modes of rehabilitation that W Medical Inc. may avail, should it suffer from Insolvency.<br><br>D. Yes, it is possible for W Medical Inc. to convert rehabilitation proceedings into liquidation proceedings under the Financial Rehabilitation and Insolvency Act.<br><br>The Financial Rehabilitation and Insolvency Act provides that in the event a debtor is insolvent, with no substantial likelihood for a successful rehabilitation and with a failed rehabilitation, the court may convert the proceedings to liquidation proceedings.<br><br>Should W Medical Inc file a petition for rehabilitation before the court, it is possible for the rehabilitation proceedings to be converted into one for liquidation because the option to convert is expressly provided by law.<br><br><br></div>]]></description>
         <enclosure url="" />
         <pubDate>2022-06-16 13:55:41 UTC</pubDate>
         <guid>https://padlet.com/alingiska15/Bookmarks/wish/2223092669</guid>
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