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Cases For Online Class

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Sealtiel Villareal
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12 views

Cases For Online Class

Uploaded by

Sealtiel Villareal
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Facts:

Marcelo Santos, overseas contract worker in Oman. Manila Hotel Corporation (MHC)- is an
“incorporator” of MHICL, owning 50% of its capital stock. Manila Hotel International Company, Limited

In May 1988, Marcelo Santos was recruited by Palace Hotel in Beijing, China. Due to higher pay and
benefits, Santos agreed to the hotel’s job offer and so he started working there in November 1988. The
employment contract between him and Palace Hotel was however without the intervention of the
Philippine Overseas Employment Administration (POEA). In August 1989, Palace Hotel notified Santos
that he will be laid off due to business reverses. In September 1989, he was officially terminated.

In February 1990, Santos filed a complaint for illegal dismissal against Manila Hotel Corporation (MHC)
and Manila Hotel International, Ltd. (MHIL). The Palace Hotel was impleaded but no summons were
served upon it. MHC is a government owned and controlled corporation. It owns 50% of MHIL, a foreign
corporation (Hong Kong). MHIL manages the affair of the Palace Hotel. The labor arbiter who handled
the case ruled in favor of Santos. The National Labor Relations Commission (NLRC) affirmed the labor
arbiter.

ISSUE: Whether or not the NLRC has jurisdiction over the case.
HELD: No. The NLRC is a very inconvenient forum for the following reasons:
1. The only link that the Philippines has in this case is the fact that Santos is a Filipino;
2. However, the Palace Hotel and MHIL are foreign corporations – MHC cannot be held liable
because it merely owns 50% of MHIL, it has no direct business in the affairs of the Palace
Hotel. The veil of corporate fiction can’t be pierced because it was not shown that MHC is
directly managing the affairs of MHIL. Hence, they are separate entities.
3. Santos’ contract with the Palace Hotel was not entered into in the Philippines;
4. Santos’ contract was entered into without the intervention of the POEA (had POEA
intervened, NLRC still does not have jurisdiction because it will be the POEA which will hear
the case);
5. MHIL and the Palace Hotel are not doing business in the Philippines; their agents/officers
are not residents of the Philippines;
Due to the foregoing, the NLRC cannot possibly determine all the relevant facts pertaining
to the case. It is not competent to determine the facts because the acts complained of
happened outside our jurisdiction. It cannot determine which law is applicable. And in case
a judgment is rendered, it cannot be enforced against the Palace Hotel (in the first place, it
was not served any summons).
The Supreme Court emphasized that under the rule of forum non conveniens, a Philippine
court or agency may assume jurisdiction over the case if it chooses to do so provided:
(1) that the Philippine court is one to which the parties may conveniently resort to;
(2) that the Philippine court is in a position to make an intelligent decision as to the law and
the facts; and
(3) that the Philippine court has or is likely to have power to enforce its decision.
None of the above conditions are apparent in the case at bar.

FACTS:

Mary Grace Natividad S. Poe-Llamanzares is a foundling adopted when she was five years

old by celebrities famously known as Fernando Poe Jr. and Susan Roces. When she was 18 years

old, she registered for voting in Greenhills, San Juan, Metro Manila. Grace Poe eventually migrated

to the United States and got a Bachelor of Arts degree in Political Studies from Boston College in

Chestnuts Hill, Massachusetts. She then married Teodoro Misael Daniel V. Llamanzares, a person

with dual-citizenship to the Philippines and the United States of America. For this, the couple flew

to the United States to reside. There, they had their first child. October of 2001, Poe became an

American Citizen.

Three years later, she came back to the Philippines to support her father on his presidential

candidacy and flew back. Not long later, she went back to the Philippines upon learning of her

father's medical condition, fell into coma then later expired. Because of this, she and her husband

decided to live in the Philippines for Poe's mother, Susan Roces. They began to settle transactions

pertaining to their forthcoming residence in the country such as the enrolment of their siblings,

relocating their house goods from the U.S. to the Philippines as well as bringing their pet dog. She

briefly stayed at her mother's place before purchasing a condominium located in San Juan City. Her

husband, staying at the United States, officially declared their abandonment of U.S. address and

sold their house thereafter.

Poe later took her Oath of Allegiance and reacquired her Philippine citizenship, registered as a voter

again, got her passport renewed, renunciated her allegiance and citizenship to the US. and worked

as a chairperson for MTRCB and a Philippine Senator in 2006

ISSUES:

(1) Whether or not Grace Poe- Llamanzares is a natural- born Filipino citizen
(2) Whether or not Poe satisfies the 10-year residency requirement.

HELD:

YES. GRACE POE is considerably a natural-born Filipino Citizen. For that, she
satisfied the constitutional reqt that only natural-born Filipinos may run for
Presidency.

(1) there is high probability that Poe’s parents are Filipinos, as being shown
in her physical features which are typical of Filipinos, aside from the fact that
she was found as an infant in Jaro, Iloilo, a municipality wherein there is 99%
probability that residents there are Filipinos, consequently providing 99%
chance that Poe’s bilogical parents are Filipinos. Said probability and
circumstancial evidence are admissible under Rule 128, Sec 4 of the Rules
on Evidence.

(2) The SC pronounced that FOUNDLINGS are as a class, natural born-


citizens as based on the deliberations of the 1935 Constitutional Convention,
wherein though its enumeration is silent as to foundlings, there is no
restrictive language either to definitely exclude the foundlings to be natural
born citizens.

(3) That Foundlings are automatically conferred with the natural-born


citizenship as to the country where they are being found, as covered and
supported by the UN Convention Law.

As to the residency issue, Grace Poe satisfied the 10-year residency


because she satisfied the requirements of ANIMUS MANENDI (intent to
remain permanently) coupled with ANIMUS NON REVERTENDI (intent of
not returning to US) in acquiring a new domicile in the Philippines. Starting
May 24,2005, upon returning to the Philippines, Grace Poe presented
overwhelming evidence of her actual stay and intent to abandon
permanently her domicile in the US, coupled with her eventual application to
reacquire Filipino Citizenship under RA 9225. Hence, her candidacy for
Presidency was granted by the SC.

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