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[2/2] Ruben Martinez,et al vs CA and BPI Int'l Finance

[2/2] RUBEN MARTINEZ,* substituted by his heirs, MENA CONSTANTINO MARTINEZ, WILFRIDO C. MARTINEZ, EMMA M. NAVA, and EDNA M. SAKHRANI, Petitioners, versus COURT OF APPEALS and BPI INTERNATIONAL FINANCE, Respondents.

G.R. No. 131673 | 2004-09-10

The test in determining the application of the instrumentality or alter ego doctrine is as follows:

1. Control, not mere majority or complete stock control, but complete domination, not only of finances but of policy and business practice in respect to the transaction attacked so that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own;

2. Such control must have been used by the defendant to commit fraud or wrong, to perpetuate the violation of a statutory or other positive legal duty, or dishonest and unjust act in contravention of plaintiff's legal rights; and

3. The aforesaid...