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Showing posts with the label PROCESSUAL PRESUMPTION

PHILIPPINE EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION vs. V.P. EUSEBIO CONSTRUCTION, INC. | G.R. No. 140047 | July 13, 2004

PHILIPPINE EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION vs. V.P. EUSEBIO CONSTRUCTION, INC. G.R. No. 140047, July 13, 2004     Facts   On November 8, 1980, State Organization of Buildings, Ministry of Housing, and Construction, Baghdad, Iraq, awarded the construction of the Institute of Physical Therapy–Medical Rehabilitation Center, Phase II, in Baghdad, Iraq, to Ajyal Trading and Contracting Company, a firm duly licensed with the Kuwait Chamber of Commerce.    On March 7, 1981, in behalf of Spouses Eduardo and Iluminada Santos, 3-Plex International, Inc a local contractor engaged in construction business, entered into a joint venture agreement with Ajyal. However since it was not accredited under the Philippine Overseas Construction Board, it had to assign and transfer all its right to VPECI and entered into an agreement that the execution of the project will be under their joint management. To comply with the requirements of performance bond, 3-Plex and VPEC...

LAUREANO vs. COURT OF APPEALS | G.R. No. 114776 | February 2, 2000

LAUREANO vs. COURT OF APPEALS G.R. No. 114776, February 2, 2000    Facts Menandro Laureano was employed with the Singapore Airlines Limited on 1979. However because of the recession that hit the Airline Industry sometime in 1982, Defendant Company initiated cost-cutting measures such as terminating its A-300 pilots including the plaintiff. Subsequently, plaintiff filed a case of illegal dismissal against defendant. Laureano then cited Singapore Laws to his case since he was employed in the Singapore Airlines Ltd.    Issue a) Whether or not Singaporean Laws shall be applied in this case.  b) Whether or not there was illegal dismissal on the part of Singapore Airlines Ltd.    Ruling The Supreme Court held that foreign laws must be proved as fact in order to employ them. The plaintiff was not able to prove the applicability of the laws of Singapore that he cited to his case. Under the principle of processual presumption, if foreign laws are not proved as ...

YAO KEE vs. AIDA SY-GONZALES | G.R. No. L-55960 | November 24, 1988

YAO KEE vs. AIDA SY-GONZALES G.R. No. L-55960, November 24, 1988    Facts Sy Kiat, a Chinese National died on January 17, 1977, leaving behind real and personal properties here in the Philippines worth more or less Php 300,000. Thereafter, Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe, and Rodolfo Sy filed a petition alleging that they are the children of the deceased with Asuncion Gillego. However, Yao Kee testified that she was married to Sy Kiat on Jan. 19, 1981 through a Chinese marriage with Sze Sook Wah, Sze Lai Cho, and Chun Yen as their children. Petitioners provided that fact of marriage through evidences like Yao Kee‘s and Gan Ching‘s testimony, Sy Kiat‘s Master Card of Registration stating his marriage with Yao Kee, and the certificate by the Embassy of the People‘s Republic of China affirming the fact of the marriage.     Issue Whether or not the marriage of Sy Kiat and Yao Kee was valid.    Ruling Under Article 71 of the Civil Code to e...