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    14 views17 pages

    Nicolas, Ariel Joseph - Assignment2 Case Digest

    Uploaded by

    Ariel Joseph Nicolas

    Copyright:

    © All Rights Reserved
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    of 17
    Chung Fu Industries and Roblecor Philippines #' Constvuction Agreement whereby the latter commited te construct and finish Chung Fu's industrial Complex jn Tanta, Covite for and in consideration of P42, 000, 000. In the event of disputes arising from the performance of Gubject contract, it was shpviated that the Issues shall be submified -@r eselvhon befire a single arbitrator chosen by beth parties | However, Roblecor failed to compkete the work despite fre optension of fime allowed by Cheng fu. Subsequently, the latter has te takeover the work when it was oudent that Robleor was pot ina posfor fe fulfil its obligation, Claiming an unsatisfied amount and uppaid pregress fillings, Roblecor filed o pehbion fr votor-tery commpulsory Mbitration before the Regional Trial Cour, pesvant te fhe arbitration clause in the Convact, Chung Fu moved fo dismiss the pethon Gubseqy ent negotiation $ led fo she for mulation ef an arbltyation agreement. One of tre provisions therein ig that they would abide by the decision of due albitrater and that there would be no further judicial recourse if erther party disagrees with the arbitrator's award, The court approved the arbitration agreement. The appointed arbitrator ordered cheng Fu fo Pa Roblecor, Chung Fo moved remand the case Ley ring and asked for revonsideration of — pe covey ied Chong Fos motion , phe ocd / : No, Yre oltbilvahon award js not beyond the onee of tne covrd's power of yrdicl Yeview. Under Arhcle 2044 ef the Cuil Code, the final py of pre arbityaters award is not absolvte and w/e excephong Resort fo arbilvahen proces is not intended te completehy deprive te courts of wasdietion Ina distibytership agreement, Del Monte Corp. USA apprinted Montebveno Marketing, Inc. (MMI) os the Sell distributer of it, products for a period of five years. The agieement provides fr an arbitration clause which Provides that olt dispujes hall be reselved by acbitvation i® fhe City of Son Fravcist, Califerma veder the Rul of the Ameritan Arbitration Associaton In 1%, private respondents MM and Sabrota Foods, the marketing arm of MM\ filed an achon against DMC- USA and Dewey Lid. before the RIC of Malabon, predicated on Pts. 10,21 and 23 of the Cwil Code. According {2 them, PMC“VSA products conned fe be brevght info the lovnty by paralle| inpevters despite fhe subject dishrieutertp agrament They further alleged that card products were cwaterfeits. As a result, they caused fhe pvblicahon of a Warning ye the Wade pad adverhcemente However, 9MC-USA was vpsel with the sad publivaton. Furthermore, private respon dents alleged that the bad faith, fraudulent acts and willful Hregligence of DMC-USA is motiakd by DMC-USALY squeeze tem ort of the agrtemend and cavstd tnem logsec. ————Pethones filed a Imohon to suspend preceedin, the arbitration clase. The trial court and later en denitd, On appeal, the ¢ the tral coat. Hence, pebt i Govt held that arbitration is Jerisdichion, i} was ruled tha’ A DMc-YSA and My ig a Contact The provision " fo arhtvation any dispute arising therefrom and the reba ship of the parhes ig port of that contract and is steel a tenWact. Ay a rule contracts are the law bef. the n= fraching packes and predue 9s effect peween them, their assigns and heirs. \ in our Daly DMC-VSA ond MMi art bound by the agreement. The ofner partes te tris case are net partes tv the cage, ang cannet be comsidered 5 assigns and hei. Hence, fey cannet be bound by the agreement and 45 arbitrahon clave. Insular Savings Bank v, Far tast Bank and Trust Co. 491 SeRA IAS (200) Facts: Far East Bank ond Tost Go. fied a complainst against Home Bonkers Trust and Gmpany w/ the Phil, Charing Hise Corporation's Arbitrohon Committee, The former sought 42 Verover from ye pehponera sum of money represenrbingy Hhere oreOKS — dvawa and debited againg ike leaning acuount. The latter Send these checks for clearing by opevahten of fre HOHE clearing cystewn;bA was dishonored fF Lnsefhienny of finds and rebined fo the lattev, Powever, the latter refed fo accept them since the check, were refufned feipondent afiey the vegiimentary regional clearing period Before the termination of the arbitaten preceeding he reipentemt filed a cemmplaint before te RIC in Makati Gily fr som of monty and Mavnages, against HBTC anj phe pyresidend and depositers of BTC. Aware of the arbitration proceedings, RIC saptmded fhe proceedings jn Fhe case agains} al) defendants, However, RTC amended ity order reinstating the proceedings against the individal defendants but net againgt WRTC. The Arbvaton commitee fendeved it¢ Decigion in er of dent. pethoner filed a mohon for Dnsiderahon bu} was denied. tence, petitioner fre RTC *f Makati. te md of ced Hae Pepe remedy The Supreme Court hel) that the proper either file a metion Jo vacate the arbitval award w/ the RIC, @ Pehtion fr Review with the CA under Rule 43, or a ption fr certiorari under Rule bS. gq. Corp v. Capitol \ndurd Groups Inc. G.R. No. 141933 Facts: Retihoney’ and respondent entered inte a " . aayreement " involving eledvical werk at dhe Third Port Hf Yamboanga . Allegedly, pebtioner had failed fe Finish the work because of its inability fo procure waren Upon completing its task vader fhe onfract, pe toner billed the respondent, However, the latter vefused yo gay tentesting the accuracy of the ameunt advances and billable accomplishments Usted by the getihioner. Hence, pebtioner filed with the RIC complaint fe the aillection of Ane alleged balance due. Respondent fled a motion dims on the groved Hat ete iq no priog recourse fo arbivation. RTC denied the Meienicon the ground that the Case does not involve the interpretation of contact hence net covered By Ane arbitra tien clause. AIG Ly whether the disprte i¢ arbitrable. Boones. sige ig acbivabk. theld tibelly conte orb hatin das. davse ik svieephione °f an intepetahe that covery dhe OSherted d5p te an order te arbitrate chevld by in faver Of ath tation. Ang dwt shld be resolved Teawwaligies Co, YB ¥. lodge GR. No. 143581, Jan. 4, 200! Facts: feline? and private respondent favifie General Steel Manvfactring Cor P- (P 6SMC) entered inte contract whereby it would get vp and install an LPG Cylinder Manvfactorin Plant in Cavite, PGSMC enteyed inte a lease Contract w) Worth Propertis Inc. fo house the LPL lanfactring plant. Sioseqently, all te mrachinevies for the manvfactre of LEG eglinders were installed in the Carmona lant, Hower the ! intial operation cold not be condetted as PGSMC encounters Financia! dificdies affecting the svPPlY of materials. thus, the parkes wold agree trat KOGIES weuld be deemed fo have completely Gomplicd w/the tums and Conditions of the embact . when Rhitoner deposited the checks, these were dis- ponwred fF tHe reason “PAYMENT STOPPED, Pebtvoner sent Homand kfier te PUSMC threatening criminal action for violation of BP. 22 in case of mpayment. PGSMC informed pebtiover that they were caveeling the contact pecavse the latter altered the quantity i lowered the qualty of the machineries and th d complaint fr Estafa. the place where the Contvact ig made or laws ought fo govem. Achile 2044 of the Civil sanctions fhe validity ef metally agreed aybitval davse the finality and binding effet of an arbitral qward. qhe arbitration clase was mufvally and volenfavily ageced upon by AR pares. It has nef been shown te be umtvary fo any law, oF agains) morals, good customs public order, of puelic polity. The arbitration clause should a and complied wilh both parties. Maria Luisa fork Ago. v. Almendas G9 SCRA 663 Facts : Respondents Alwendas purchased frown MRO Development torporation a wesidential let located in Haria Luisa fark, Cobo City: Mier some Hint, sespondents filed with pehhionte an application fp construct a residential house which was approved WS, retpondents tommenced the Construction of fheir hovse. Consequently petitioner Sent a letter informing the respondents that they violated the prohibition against multi-duelling stated in Deed of Reslriction and that trey rectify the struche, Respondents denied violating the Deed of Recfrictiong Furthermore, they led w/ the RTC for Injunction 2, Annclment of Provigi®S of Artides and By-Laws feitoner med for digmisgal on fhe gromd of lack of Joris diction and faile fo comply w/the arberohon clavse provided in the By -laws Tcgue* whether the e¢change of corvespondence satisfy the reqyitoment of arbitration os, the exchange f Lorvespondence does b of ac ifr . P at ar 4 Fee, in accodancee w/ the arbitvahio clause pi for in the by laws. g v. R ble PCI Bawkin 544GcRA. 856 (2408) Facts’ Fetione> and respondent, as byer, eevted a Share Purchase Agfeement for the purchase of fehtionerg interests in Bankard, Inc. After 3 years from fhe eecvtion of the deed f sale, ReBC sve petitioners of ovevpywent of wer PLIGM for purchase price of the shares, ROBC claim Frat pebhone’s violated their warranty as sellers, Following tre nsvuessful attempts for settlement, RCBC | fied a regret for Arbitration with the lnternahional Chamber | of (ommerle = International Court of Arbitration. In (ts answer, Detsoness aimed tat tee period for filing the daim hag aleady lapsed, vas guilty ef lackes and vag not ene fo rescission having lad ample oppor ty and reasonable me fo Fle oO claim against pehtioner, The Mbitval Trilomal fendered a factial Award holding frat RCAC dai is wet time-barred a5 jt was filed w/in Te Bypar erin. It alse exonerated CBC from inches dy sk tong; dered inmpractible the rescission of the Ag’eementy pene fea wy PE RIC a motion te Confirm Partial Award, ceescr tountered theovgh a motion fo vacate the awed. are ordered confirming the Partial Award Thus, Pebhener fled a petition fr review under Role AS. for review en terforari ther mort, af a rule, fhe To tag. Get aside for rere! erie a agen Fhe |qw of a5 fo the facts. : THs pettion originated from complaint for ‘ seen of meomes real prop. filed by pehhower before the gue i vf Filipino descent but became a naturalized American keer and a permanent resident therein. Pehihoner claimed That fre residential lof w/e she purchased was clandestinely Fronsferred by her parents , Spoves Micarez, in fovor fF her youngest preter, Tt was merely feqistered in the ames of spoves Hivarer under an implied Wut due tthe ditfvel ty of Registering tne Prop. in Wer name After the pattith had fled their regechve petra Lorie, the vert ordered the referral of the cafe the Philippine Mediation Center. Respondents failed te appear Therein. Hence, RIC allowed Yee pebbioney fo prevent hey eidene et parte, However, it was later found that it was advally the pebtioney whe failed 4o apper. Henge, tre cord ordered qhe dismifcal of te Cases Issue® a yeiler. fhe non- appearance of foe petitioner in the yredistion pfeceedings warrant the dimiscal of the achon - Ruling” n No. te tert Held at mediation ag pa of pt cepa ave encovrmgd te persorally atten gs. The personal non-appavance ma. Benguet Grp. v. DENR-Mines Adjudzation Boovd S45 ScRA ING Facts: Petitioner and 3.6. Real}y entered into @ Royalty Aareement w/ option to purchase, wherein “the latter was acknowledge as Hae owner of ie wining dai" in CamariveS Norte, The tehtioney issued a letter informing JG, Realty of its intention to dwelop the mining claims. Hewever, fre Her feplied that (4 was terminahing their agreement on the ground of failwe te comply wl the obliga bons. Thereafter, J.6. Real filed a petition for declaration, of wullit} of fre RAWOP with the Legaspi City MAB Panel of Aebibradory POR decided in favor of J. G. Really On appeal, MAB affirmed the decision of POA, Hence, Ahig petition Toque: i. whether the lonlveversy chovld have been firgt leg peeve svbmitted for arbitvation. Ruling: j 7 The cage should have firs} bem Wrought fo velontany arbitration befre the POA. tn RA MBS) the longress reiteraded the efficacy arbivatio as alternative mode of dispute nr ue A contradval skpvlation that requires ius vesort fo voluntary arbitration” yefore the partes can go directly fo curt if not illegal and in fact promoted the ik i Dev. lorp. Su SCRA 336. (2004) Fach. The case originated fem an action for sum of ™ by _Resgrndens AOR Pehtioner fr ne ae vane claims after fomplction of three projects. | Upen Uniwide’S motion 1 dimiss /syiperd proueedings d | Titan's open cow} manifestation agreeing fo the suspension , The case WAS Suyended fr it to vadergo arbiqation. Thus, the Complaint was refiled with te Construction Industry Arbitvation Board, which rendered a decision abcolving Vniwide for Project | and Project 2 Wi rot for Project 3. On appeal, the CA vied in faver ef Titan, Hence, tris pebtion, Iggue * 5 . whether findings of fact of construction arbitrators are final and Conclusive and camot be reviewed bi ie guprent Covtt when affirmed dy the lowet of hope, q findings of fact of onstruction arbitrator, Ruling: Ry ack i r 4 wonclyive- Trwever, if adwits of are final an | creagiions, whi 2 a ote aaneh ws prewred vy coreuption , fav), 16 00d goeee OA euideod portal or cerrvption of

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