Gamboa v. Teves, October
9, 2012
PLDT violated Section 11,
Article XII of the
Constitution. Section 11
states that no franchise,
certificate, or any other
form of authorization for
the operation of a public
utility shall be granted
except to citizens of the
Philippines or to
corporations or
associations organized
under the laws of the
Philippines, at least sixty
per centum of whose
capital is owned by such
citizens; nor shall such
franchise, certificate, or
authorization be exclusive
in character or for a longer
period than fifty years.
Neither shall any such
franchise or right be
granted except under the
condition that it shall be
subject to amendment,
alteration, or repeal by the
Congress when the
common good so requires.
The State shall encourage
equity participation in
public utilities by the
general public. The
participation of foreign
investors in the governing
body of any public utility
enterprise shall be limited
to their proportionate
share in its capital, and all
the executive and
managing officers of such
corporation or association
must be citizens of the
Philippines.
Thus, due to the lack of
control of Filipino owners,
the case was dismissed
with finality.
MR Holdings v. Bajar, Tuna Processing, Inc. v. La Chemise Lacoste v.
April 11, 2002 Philippine Kingford, Inc., Fernandez, May 2, 1994
February 29, 2012
The petitioner has the The Philippine Supreme The petitioner has the right
capacity to sue under Court allowed Tuna to maintain the present
section 1 of Republic Act Processing, Inc. (TPI), to bring suit before our courts for
No. 5455 which provides suit to enforce an arbitral unfair competition or
that the phrase 'doing award rendered by the infringement of trademarks
business' shall include International Centre for of a foreign corporation. As
soliciting orders, Dispute Resolution in early as 1927, this Court
purchases, service California, the United States was, and it still is, of the
contracts, opening offices, against Philippine Kingford, view that a foreign
whether called 'liaison' Inc., a domestic corporation. corporation not doing
offices or branches; business in the Philippines
appointing The Alternative Dispute needs no license to sue
Resolution Act of 2004 shall
representatives or before Philippine courts for
distributors who are apply in this case. A foreign infringement of trademark
arbitral award should be
domiciled in the and unfair competition.
Philippines or who in any respected not because it is
favored over domestic laws
calendar year stay in the
Philippines for a period or and procedures, but because
Republic Act No. 9285 has
periods totaling one
hundred eighty days or certainly erased any conflict
of law question.
more; participating in the
management, supervision
or control of any domestic
business firm, entity or
corporation in the
Philippines; and any other
act or acts that imply a
continuity of commercial
dealings or arrangements,
and contemplate to that
extent the performance of
acts or works, or the
exercise of some of the
functions normally
incident to, and in
progressive prosecution
of, commercial gain or of
the purpose and object of
the business organization.