Practice question
A derivative complaint merely says 'all remedies were exhausted' and identifies no particular efforts or available corporate remedies. Under Tan v. Suntay 2025, is that enough?
- Yes, the phrase alone is conclusive.
- Yes, every complaint is exempt from the rule.
- Yes, if the plaintiff dislikes management.
- Yes, if a newspaper calls it derivative.
- No; particularized allegations of the required efforts are necessary.
Legal references
- Tan v. Suntay, GR260170, May19 2025, main resolution, Rule8 Section1 IRPIC: https://lawphil.net/judjuris/juri2025/may2025/gr_260170_2025.html
- Metropolitan Bank v. Salazar Realty, GR218738, March9 2022, main decision: https://lawphil.net/judjuris/juri2022/mar2022/gr_218738_2022.html
Answer this question in flashcards to review your response and continue practicing.