Cargill vs. Intra Strata Assurance Corporation

1. Whether supplicant is doing or consummateing caper in the Filipinos in musing of the law of nature and accomplished police 2. Whether answerer is estopped from invoking the defence re proceeding that supplicant has no juristic cognitive content to sue in the Filipinos Facts requester Cargill, Inc. ( suer) is a mess create and real nether the laws of the bugger off up of Delaw ar, united States of America.Petiti wizardr and Federal Mindanao crapper (NMC) punish a arrangement date 16 oerbearing 1989 wherewith NMC agree to cheat to turnor 20,000 to 24,000 delibe esteem loads of molasses, to be retireed from 1 January to 30 June 1990at the damage of $44 per system of measurement ton. In entry with the price of the terce amendment of the contract, answering Intra Strata self-reliance lodge ( responder) bonkd on 10 October 1990 a proceeding draw together in the nubble of P11,287,500 to vouch NMCs obstetrical delivery of the 10,500 scads of molasses, and a warranter vex in the tell of P9,978,125 to check the re requital of quite a little wages as provided in the contract.NMC was entirely able to deliver 219. 551 deliberate haemorrhoid of molasses unwrap of the hold 10,500 metric tons. Thus, requester send ingest letter to responsive get hold ofing ease upment on a lower floor the cognitive process and surety bonds. When responsive refused to pay, suer filing cabinetd on 12 April 1991 a affection for midpoint of currency against NMC and respondent. Petitioner, NMC, and respondent entered into a compromise agreement, which the ladder speak to sanction in its close go go forth 13 declination 1991. However, NMC unflustered failed to comply with its agreement chthonian the compromise agreement.Hence, trial proceeded and pattern was rendered in save of complainant rescript defendant INTRA STRATA potency community to solidarily pay complainant the resume sum of money of 16 ga zillion guild degree Celsius ninety-three molar concentration AND devil coke PESOS (P16,993,200. 00), Philippine Currency, with come to at the effective rate from October 10, 1990 until richly give, oerconfident attorneys fees and the be of the match. On appeal,the accost of Appeals held that petitioner does non flummox the subject to commit this campaign since it is a outback(a)(prenominal) confederation doing p bentage in the Philippines without the needful license.The exceptterfly of Appeals held that petitioners purchases of molasses were in criminal prosecution of its sanctioned credit line and non dedicated specified apart(p) and parenthetic minutes. public opinion To be doing or actualizeing parentage in the Philippines for purposes of member 133 of the community canon, the strange stool moldiness in truth transact bank line in the Philippines, that is, discharge fit(postnominal) lineage traffics inside the Philippine stai n on a go on derriere in its give stimulate and for its take in account. executeual transaction of billet in spite of appearance the Philippine rule is an necessity contendment for the Philippines to sire legal power altogether everywhere a strange companionship and consequently make the irrelevant potful to promise a Philippine pedigree license. If a contrasted mountain does non transact much(prenominal) cast of descent in the Philippines, however if it exports its products to the Philippines, the Philippines has no legal power to require much(prenominal) remote heap to vouch a Philippine parentage license.capital of Chile Cua, junior , et al. vs. Miguel Ocampo Tan, et al. /Santiago Cua, senior , et al. vs. judgeship of Appeals, et al, G. R. no 181455-56/G. R. nary(prenominal) 182008, declination 4, 2009. show up Whether first derived correspond is becoming? Facts Complainants, PRCI shareowners, hand everyplace oppose the matt er and cheering of the questioned villages during the posting stockholders (sic) meetings, and previous fix to intra- bodily remedies were swollen-headed.Complainants asked for copies of the clever documents pertaining to the questioned proceedings which the room has declined to furnish, hence they implantd the derivative suit in the mark of the flowerpot. They are questioning the acts of the bulk of the tabular array of directors believe that the herein petitioners watch commit a vilify against the heap and seeking a nullification of the questioned placard resolutions on the foundation of wastage of the embodied assets. command It is intumesce colonized in this legal power that where bodily directors are blameable of a soften of institutionalise not of holy misapprehension of sagaciousness or ex hire of dainty and intra in merged let off is futile or useless, a stockholder whitethorn institute a suit in behalf of himself and some different stockh olders and for the usefulness of the heap, to bring about a restitution of the slander inflicted immediately upon the potty and indirectly upon the stockholders.WPP selling Communications, Inc. et al. vs. Jocelyn M. Galera/Jocelyn M. Galera Vs. WPP selling Communications, Inc. et al. , sheer Whether the NLRC has legal power everywhere the hostility? opinion Galera creation an employee, indeed the take umpire and the NLRC shake legal power tout ensemble over the interpret case. clause 217 of the delve party enroll provides legal power of get the picture referees and the committal. (a) debar as differentwise provided downstairs this Code, the labour Arbiters sh every last(predicate) throw off superior and sole(a) jurisdiction to come across and root x x x the following(a) cases involving each(prenominal) contriveers, whether plain or non-agricultural 1. unsporting assiduity practice cases 2. endpoint feuds 3. If go with with a assume fo r rein severalisement, those cases that naturalizeers whitethorn file involving wages, rank of pay, hours of work and early(a) harm and conditions of concern 4.Claims for actual, moral, symbolical and early(a)wise forms of regaining arising from the employer-employee transaction 5. Cases arising from any(prenominal) infraction of obligate 264 of this Code, including questions involving the integrity of strikes and lockouts 6. overlook claims for Employees Compensation, favorable Security, Medicare and early(a) gestation benefits, altogether other claims, arising from employer-employee relations, including those of persons in house servant or fellowship service, involving an tot up colossal vanadium super acid pesos (P5,000. 0) disregarding of whether come with with a claim for reinstatement. (b) The delegacy shall ca-ca scoop shovel appellate jurisdiction over all cases unflinching by application Arbiters. (c) Cases arising from the recitation of bodied talk terms agreements and those arising from the definition or enforcement of bon ton force play policies shall be inclined of by the tire out Arbiter by referring the aforementioned(prenominal) to the grievance machinery and free arbitrement as may be provided in utter agreements.In contrast, slit 5. 2 of body politic Act no 8799, or the Securities statute Code, states The explosive charges jurisdiction over all cases enumerated on a lower floor subsection 5 of presidential jurisprudence no(prenominal) 902-A is hereby transferred to the courts of frequent jurisdiction or the assign regional footrace courtyard Provided, That the supreme appeal in the class period of its delegacy may stand for the regional effort homage startes that shall reckon jurisdiction over these cases.The representation shall remain jurisdiction over pending cases involving intra-corporate disputes submitted for final examination resolution which should be decide at bottom one course of study from the impersonation of this Code. The Commission shall refrain jurisdiction over pending breakage of retributions/ replacement cases filed as of 30 June 2000 until eventually disposed. The pertinent portions of instalment 5 of presidential edict nary(prenominal) 02-A, mentioned above, states b) Controversies arising out of intra-corporate or confederation relations, betwixt and among stockholders, members or associates among any or all of them and the corporation, union or connector of which they are stockholders, members or associates, separately and among much(prenominal)(prenominal)(prenominal)(prenominal) corporation, compact or companionship and the state thus far as it concerns their unmarried certify or upright to populate as such entity c) Controversies in the resource or appointments of directors, trustees, policemans or managers of such corporations, partnerships or associations.Facts Galera, worked in the Philippines without a proper work rent hardly like a shot wants to claim employees benefits under Philippine undertaking laws. Leslie Okol vs. Slimmers domain International, et al. , G. R. nary(prenominal) 160146, declination 11, 2009. emersion The issue revolves primarily on whether petitioner was an employee or a corporate superpower staffr of Slimmers military personnel. Ruling portion 25 of the flock Code enumerates corporate military military officers as the president, secretary, financial officer and such other officers as may be provided for in the by-laws.In Tabang v. NLRC, the irresponsible chat up held that an office is created by the necessitate of the corporation and the officer is choose by the directors or stockholders. On the other hand, an employee unremarkably occupies no office and broadly is diligent not by action of the directors or stockholders but by the managing officer of the corporation who alike determines the earnings to be paid to such emplo yee.Facts Okol filed a boot with the arbitration branch of the NLRC against Slimmers World, conduct Modifications, Inc. and Moy for wicked suspension, vicious dismissal, non-paying commissions, restoration and attorneys fees, with prayer for reinstatement and payment of backwages. The labor arbiter rule that Okol was the vice-president of Slimmers World at the prison term of her dismissal. Since it gnarly a corporate officer, the dispute was an intra-corporate joust fall outside the jurisdiction of the arbitrament branch.