Practice question
Is a complaint’s derivative-suit label alone conclusive of its actual intra-corporate character?
- No; the material allegations and true relief must be examined
- Yes; labels create every missing element
- Yes; the defendant cannot contest the characterization
- Yes; any accounting request is derivative
- Yes; inheritance becomes corporate merely by naming shares
Legal references
- Reyes v RTC Makati GR165744 August11,2008 MAIN relationship and controversy tests: https://lawphil.net/judjuris/juri2008/aug2008/gr_165744_2008.html
- Gonzales v GJH Land GR202664 November10,2015 MAIN designation guidelines: https://lawphil.net/judjuris/juri2015/nov2015/gr_202664_2015.html
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