FACILITIES MANAGEMENT CORPORATION vs DELA OSA

G.R. No. L-38649 March 26, 1979

FACTS: Leonardo dela Osa sought his reinstatement with full backwages as he was employed
as houseboy, painter and cashier by Facilities Management Corporation. FMC did not deny the
material allegations of the basic petition but interposed FMC and J. S. Dreyer are domiciled in
Wake Island which is beyond the territorial jurisdiction of the Philippine Government; that
respondent J. V. Catuira, though an employee of respondent corporation presently stationed in
Manila, is without power and authority of legal representation; and that the employment contract
between petitioner and respondent corporation carries -the approval of the Department of Labor
of the Philippines.

FMC filed a motion to dismiss on the ground that this Court has no Jurisdiction over the case.

ISSUE: whether FMC has been "doing business in the Philippines" so that the service of
summons upon its agent in the Philippines vested the Court of First Instance of Manila with
jurisdiction

RULING:

YES
FMC may be considered as "doing business in the Philippines" within the scope of Section 14
(Service upon private foreign corporations), Rule 14 of the Rules of Court which provides that "If
the defendant is a foreign corporation, or a non-resident joint stock company or association,
doing business in the Philippines, service may be made on its resident agent designated in
accordance with law for that purpose or, if there be no such agent, on the government official
designated by law to that effect, or on any of its officers or agents within the Philippines."

Indeed, FMC, in compliance with Act 2486 had to appoint Jaime V. Catuira "as agent for FMC
with authority to execute Employment Contracts and receive, in behalf of that corporation, legal
services from and be bound by processes of the Philippine Courts of Justice, for as long as he
remains an employee of FMC."