FOREIGN
CORPORATION NOT DOING BUSINESS IN THE PHILIPPINES – MAY BE SUED
·
Facilities Managemetn Corp. v. Dela
Olsa, G.R. No. L-38649, March 26, 1979
A foreign
corporation, not engaged in the business in the Philippines, is not barred from
seeking redress from the courts in the Philippines, a fortiori, that some
corporation cannot claim exemption from being sued in the Philippine courts for
acts done against a person in the Philippines.
·
G.R. No. 77369 August 3l, 1988
HYOPSUNG MARITIME CO., LTD., petitioner,
vs.
THE HONORABLE COURT OF APPEALS and PIONEER INSURANCE & SURETY
CORPORATION, respondents.
The present case must be distinguished from Facilities Management Corp. vs. de
la Osa 9 which involved the
non-payment by Facilities Management Corp. (FMC in short), a non-resident
foreign corporation, of overtime compensation, as wen as swing shift and
graveyard shift premiums to Leonardo de la Osa a Filipino, successively
employed as painter, houseboy, and cashier. Notably, de la Osa was hired in
Manila by the Filipino agent of FMC and the contract of employment between him
and FMC was originally executed and subsequently renewed in Manila. Therein, we
ruled:
Indeed, if a foreign corporation, not engaged in business in the
Philippines is not barred from seeking redress from courts in the Philippines,
a fortiori that same corporation cannot claim exemption from being sued in
Philippine courts for acts done against a person
or persons in the Philippines. 10
·
G.R. No. 72147 December 1, 1987
WANG LABORATORIES, INC., petitioner,
vs.
THE HONORABLE RAFAEL T. MENDOZA, then Presiding Judge, Regional Trial Court,
Branch CXXXIV, Makati, Metro Manila, THE HONORABLE BERNARDO ABESAMIS, incumbent
Presiding Judge, Regional Trial Court, Branch CXX-XIV, Makati, Metro Manila,
Public Respondents and ANGARA CONCEPCION REGALA & CRUZ LAW OFFICES Private
Respondents, respondents.
Be
that as it may, the issue on the suability of foreign corporation whether or
not doing business in the Philippines has already been laid to rest. The Court
has categorically stated that although a foreign corporation is not doing
business in the Philippines, it may be sued for acts done against persons in
the Philippines. The Court has ruled as follows:
Indeed if a foreign corporation, not engaged
in business in the Philippines, is not barred from seeking redress from courts
in the Philippines, a fortiori,
that same corporation cannot claim exemption from being sued in Philippine
courts for acts done against a person or persons in the Philippines (Facilities
Management Corporation v. De la Osa, 89 SCRA 131 [1979]).