Dampfschieffs Rhederei Union v La Campañia Transatlantica 8 Phil 766 1907 Loss

Dampfschieffs rhederei union v la campañia

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( Dampfschieffs Rhederei Union v. La Campañia Transatlantica, 8 Phil. 766 [1907]) Loss of goods bound for Hongkong but erroneously discharged in Manila. ( The Swedish East Asia Co., Ltd. v. Manila Port Service, 25 SCRA 633 [1968]) Recovery of damages sustained by cargo shipped to the Philippines. ( Bulakhidas v. Navarro, 142 SCRA [1986]) Appointment of local lawyer by foreign movie companies who have registered intellectual property rights over their movies in the Philippines, to protect such rights for piracy ( Columbia Pictures Inc. v. Court of Appeals, 261 SCRA 144 [1996]) ISOLATED TRANSACTIONS EXAMPLES
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Even a series of transactions which are occasional, incidental and casual—not of a character to indicate a purpose to engage in business—do not constitute the doing or engaging in business as contemplated by law. A foreign corporation needs no license to sue before Philippine courts on an isolated transaction. ( Lorenzo Shipping v. Chubb and Sons, Inc., 431 SCRA 266 [2004]) A foreign corporation not licensed to do business in the Philippines is not absolutely incapacitated from filing a suit in local court. ( Aboitiz Shipping Corp. v. Insurance Company of North America, 561 SCRA 262 [2008]) DOCTRINE ON ISOLATED TRANSACTIONS
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A resident agent may be either an individual residing in the Philippines or a domestic corporation lawfully transacting business in the Philippines: Provided, That in the case of an individual, he must be of good moral character and of sound financial standing. A complaint filed by a foreign corporation is fatally defective for failing to allege its duly authorized representative or resident agent in Philippine jurisdiction. ( New York Marine Managers, Inc. v. Court of Appeals, 249 SCRA 416 [1995]) When a corporation has designated a person to receive service of summon pursuant to the Corporation Code, the designation is exclusive and service of summons on any other person is inefficacious. ( H.B. Zachry Company Int’l v. Court of Appeals, 232 SCRA 329 [1994]) THE RESIDENT AGENT SEC. 127 & 128, BP BLG. 68
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Any foreign corporation lawfully doing business in the Philippines shall be bound by all laws, rules and regulations applicable to domestic corporations of the same class , except such only as provide for the creation, formation, organization or dissolution of corporations or those which fix the relations, liabilities, responsibilities, or duties of stockholders, members, or officers of corporations to each other or to the corporation. LAWS APPLICABLE TO FOREIGN CORP SEC. 129, BP BLG. 68
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Whenever the articles of incorporation or by-laws of a foreign corporation authorized to transact business in the Philippines are amended, such foreign corporation shall , within sixty (60) days after the amendment becomes effective, file with the Securities and Exchange Commission, and in the proper cases with the appropriate government agency , a duly authenticated copy of the articles of incorporation or by-laws, as amended , indicating clearly in capital letters or by underscoring the change or changes made, duly certified by the authorized official or officials of the country or state of incorporation.
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  • Fall '19
  • Gilbert R. Huafana

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