Unformatted text preview: ipal if those claims are proven and undisputed, and if the claim is
disputed or is disapproved by the principal. The agent does not assume any peraonal liability.
2. Absence of solidary liability paragraph.
art. 1207 of the Civil Code provides that "there is solidary liability only when the obligation expressly so
states, or when
the law or nature of the obligation requires solidarity". Solidary obligatiin cannot lightly be inferred.
The Insurance Code is quite clear as to the purpose and role of a resident agent. Such agent, as a
representative of he foreign insurance company, is tasked only to receive legal processes on behalf of its
principal and not to answer
personally for any insurance claims.
3. Not Real PartyInInterest
Being a mere agent representative, petitioner is not the real partyin interest in this case.
Benguet v. BCI Employees, 23 SCRA 465 MORA
G.R. No. L24711; April 30, 1968
The contending parties in this case —Benguet Consolidated, Inc., ("BENGUET") on the one hand, and on 38 the other, BCI Employees & Workers Union ("UNION") and the Philippine Association of Free Labor Unions
the BenguetBalatoc Workers Union ("BBWU"), for and in behalf of all BENGUET employees in its mines
and milling establishment located at Balatoc, Antamok and Acupan, Municipality of Itogon, Mt. Province,
entered into a Collective Bargaining Contract ("CONTRACT") with BENGUET. Pursuant to its very terms,
said CONTRACT became effective for a period of four and a half (4½) years. It likewise embodied a
NoStrike, NoLockout clause.
About three years later, a certification election was conducted by the Department of Labor among all the
rank and file employees of BENGUET in the same collective bargaining units. UNION obtained more than
50% of the total number of votes, defeating BBWU, and accordingly, the Court of Industrial Relations, on
August 18, 1962, certified UNION as the sole and exclusive collective bargaining agent of all BENGUET
employees as regards rates of pay, wages, hours of work and such other terms and conditions of
employment allowed them by...
View Full Document
This document was uploaded on 03/11/2014.
- Fall '14