SUMMARY OF CASES (Assigned Cases for Digest).docx

Nonetheless a corporation formed in one state may for

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Nonetheless, a corporation formed in one-state may, for certain purposes, be regarded a resident in another state in which it has offices and transacts business. This is the rule in our jurisdiction.
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In as much as SHARP was admittedly doing business in Japan through its four duly registered branches at the time the collection suit against it was filed, then in the light of the processual presumption, SHARP may be deemed a resident of Japan, and, as such, was amenable to the jurisdiction of the courts therein and may be deemed to have assented to the said courts' lawful methods of serving process. Accordingly, the extraterritorial service of summons on it by the Japanese Court was valid not only under the processual presumption but also because of the presumption of regularity of performance of official duty.
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Motion to dismiss HOME SAVINGS BANK & TRUST CO. v. CA The complaint sought the issuance of a writ of preliminary injunction. Before trial on the merits could commence, the complaint, on motion of two of the defendants, was ordered to be dismissed by the RTC. CA set aside the order of dismissal, since defendants hypothetically admitted the facts alleged in the complaint, and the complaint shows that indeed, the complaint did state a cause of action against the defendants, it has no other recourse, therefore, but to grant the relief prayed for in the complaint. The motion for reconsideration filed by Home Savings Bank having been denied, petitioner went SC. ISSUE: WON the dismissal by RTC was proper RULING: YES. While we agree with the appellate court that the court a quo has erred in the precipitate dismissal of the complaint, Petitioner , however, cannot be thereby denied its day in court. In the resolution of a motion to dismiss, the truth of the facts alleged in the complaint are, it is true, theoretically admitted, but this admission, it must be emphasized, is merely hypothetical and only for the purpose of resolving the motion. In case of denial, the movant is not to be deprived of the right to submit its own case and to present evidence to contrapose the allegations recited in the complaint. Neither will the grant of the motion to dismiss by a court a quo and the ultimate reversal thereof by an appellate court have the effect of foreclosing such a right. This rule must not be confused with a demurrer to evidence under Section 1, Rule 35, of the Rules of Court 6 which, if granted by the trial court, will have the effect of disentitling the movant to submit further evidence and of allowing the appellate court, on appeal, to decide the case on its merits on the basis of the evidence theretofore adduced.
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Motion to Dismiss DABUCO vs. CA P laintiff [herein private respondent GABI Multi-Purpose Cooperative], a registered non-stock, non-profit cooperative filed a civil complaint against defendants [herein petitioners] who were found residing and/or tilling the subject properties.
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