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    Y Transit Co. Inc. v. NLRC 229 SCRA 508 PLDT V NTC GR 88404 Oct. 18 1990

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    Bob Law
    1) Yujuico Transit Co. mortgaged buses to secure a loan but later transferred ownership of the buses to the company president without BOT approval. 2) The labor union filed a complaint against Yujuico Transit for unpaid allowances. The buses were levied to satisfy the judgment. 3) Y Transit, which purchased the buses from the president, claimed third party ownership. But the transfer lacked BOT approval required by law. The Supreme Court ruled the transfer was invalid as to third parties without BOT approval. Y Transit could not prevent the levy as the registered owner remained liable.

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    Y Transit Co. Inc. v. NLRC 229 SCRA 508 PLDT V NTC GR 88404 Oct. 18 1990

    Uploaded by

    Bob Law
    77 views9 pages
    1) Yujuico Transit Co. mortgaged buses to secure a loan but later transferred ownership of the buses to the company president without BOT approval. 2) The labor union filed a complaint against Yujuico Transit for unpaid allowances. The buses were levied to satisfy the judgment. 3) Y Transit, which purchased the buses from the president, claimed third party ownership. But the transfer lacked BOT approval required by law. The Supreme Court ruled the transfer was invalid as to third parties without BOT approval. Y Transit could not prevent the levy as the registered owner remained liable.

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    Transportation Case

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    6. Y Transit Co. Inc. v. NLRC 229 SCRA 508 PLDT v NTC GR 88404 Oct. 18 1990

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    1) Yujuico Transit Co. mortgaged buses to secure a loan but later transferred ownership of the buses to the company president without BOT approval. 2) The labor union filed a complaint against Yujuico Transit for unpaid allowances. The buses were levied to satisfy the judgment. 3) Y Transit, which purchased the buses from the president, claimed third party ownership. But the transfer lacked BOT approval required by law. The Supreme Court ruled the transfer was invalid as to third parties without BOT approval. Y Transit could not prevent the levy as the registered owner remained liable.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    77 views9 pages

    Y Transit Co. Inc. v. NLRC 229 SCRA 508 PLDT V NTC GR 88404 Oct. 18 1990

    Uploaded by

    Bob Law
    1) Yujuico Transit Co. mortgaged buses to secure a loan but later transferred ownership of the buses to the company president without BOT approval. 2) The labor union filed a complaint against Yujuico Transit for unpaid allowances. The buses were levied to satisfy the judgment. 3) Y Transit, which purchased the buses from the president, claimed third party ownership. But the transfer lacked BOT approval required by law. The Supreme Court ruled the transfer was invalid as to third parties without BOT approval. Y Transit could not prevent the levy as the registered owner remained liable.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    Y TRANSIT Co., Inc. v.

    NLRC,
    229 SCRA 508, January 27, 1994

     Topic: Approval of Sale and Mortgages of Public Utility Assets or Equity


    GORGONIA, Sheila
    FACTS OF THE CASE
    o Yujuico Transit Co., Inc. mortgaged ten of its buses to
    Development Bank of the Philippines to secure a loan of
    P 2.7 M
    o The Board of Directors of Yujuico Transit Co., Inc.,
    passed a resolution authorizing its president, Jesus
    Yujuico to enter into a dacion en pago arrangement with
    the DBP, whereby Jesus Yujuico would transfer to the
    DBP the Saint Martin Technical Institute in
    consideration of the full settlement of the obligations of
    three companies, one of which was Yujuico Transit Co,
    Inc.,
    FACTS OF THE CASE
    o Consequently, the company transferred the ownership
    of its mortgaged properties, including the buses, to
    Jesus Yujuico.
    o The Yujuico Transit Employees Union (Associated
    Labor Union) filed two consolidated complaints
    against Yujuico Transit Co., Inc. for unfair labor
    practice and non-payment of living allowance.
    o Jesus Yujuico sold the subject buses to herein
    petitioner Y Transit Co., Inc for P 3.4M
    FACTS OF THE CASE
    o Labor Arbiter dismissed the complaint for unfair
    labor practice but holding Yujuico Transit Co., Inc.
    liable for non-payment of living allowances in the
    amount of P 142, 790.49.
    o The 10 buses were levied, hence, Y Transit filed
    affidavits for Third Party Claim.
    o Private respondents opposed the third party claim on
    the ground that the transfer was void because of lack
    of approval of the BOT as required by the Public
    Service Act.
    FACTS OF THE CASE
    o Accordingly, the third party claim was granted by the
    LA and the release of all the buses levied for
    execution was ordered.
    o However, the NLRC reversed the LA’s decision on
    the ground that the transfer of the buses lacked the
    BOT approval and ordered the reinstatement of the
    levy and the auction of the properties.
    ISSUE(S)

     WON the transfer of the buses, without the BOT approval, was valid insofar as the private respondents are
    concerned
    ISSUE:
    WON the transfer of the buses, without the BOT approval,
    was valid insofar as the private respondents are concerned
    RULING

     No. Where the registered owner is liable for


    obligations to third parties and vehicles registered
    under his name are levied upon to satisfy his
    Public Service Act, Section 20 (g) obligations, the transferee of such vehicles cannot
    The approval herein required shall be given, after notice to the public and prevent the levy by asserting his ownership
    after hearing the persons interested at a public hearing, if it be shown that because as far as the law is concerned, the one in
    there are just and reasonable grounds for making the mortgage or whose name the vehicle is registered remains to be
    encumbrance, for liabilities of more than one year maturity, or the sale,
    alienation, lease, merger, or consolidation to be approved, and that the
    the owner and the transferee merely holds the
    same are not detrimental to the public interest, and in case of a sale, that vehicles for the registered owner.
    date on which the same is to be consummated shall be fixed in the order of
    approval:
    ISSUE:
    WON the transfer of the buses, without the BOT approval,
    was valid insofar as the private respondents are concerned
    RULING

     Thus, Y Transit Co. Inc., cannot now argue that the


    buses could not be levied upon to satisfy the money
    judgment in favor of herein private respondents.
     There being no prior BOT approval in the transfer
    Public Service Act, Section 20 (g) of property from Yujuico Transit Co., Inc. to Jesus
    xxx Provided, however, that nothing herein contained shall be construed to Yujuico, it only follows that as far as the BOT and
    prevent the transaction from being negotiated or completed before its third parties are concerned, Yujuico Transit Co.,
    approval or to prevent the sale, alienation, or lease by any public service of Inc., still owned the properties and Yujuico, and
    any of its property in the ordinary course of its business. xxx
    later “Y” transit Co., Inc. only held the same as
    agents of the former.
    END OF CASE

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