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Chemphil Export & Import Corp.

vs CA and Jaime Gonzales, assignee of BPI, RCBC


LBP, PCIB and PISO

 the petitioner Chemphil has over P1.7M shares of stocks or "disputed shares".
 the respondents Gonzales as assignee of BPI, RCBC, LBP, PCIB and PISO or
the consortium are all seeking for the recovery of their shares from the disputed
shares in Chemphil.
 the consortium's writ of attachment over the disputed shares of Chemphil was
served to the secretary of the President of Chemphil.
 CEIC argues that such writ of attachment is null and void because the notice of
garnishment was not validly served on the designated officer.

Issue:

WON the President's secretary of a corporation is considered as an agent?

Held:

YES.

We cannot subscribe to such a narrow view of the rule on proper service of writs of
attachment.

A secretary's major function is to assist his or her superior. He/she is in effect an


extension of the latter. Obviously, as such, one of her duties is to receive letters and
notices for and in behalf of her superior, as in the case at bench. The notice of
garnishment was addressed to and was actually received by Chemphil's president
through his secretary who formally received it for him. Thus, in one case, we ruled that
the secretary of the president may be considered an "agent" of the corporation and held
that service of summons on him is binding on the corporation

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