Professional Documents
Culture Documents
December 14 2015
December 14 2015
LAW
NATIONALITY OF
CORPORATIONS
Nationality serves as the legal basis for
subjecting the enterprise or its activities
to the laws, the economic and fiscal
powers, and the various social and
financial policies of the state to which it is
supposed to belong
TESTS TO DETERMINE
NATIONALITY
- a corporation is a national of a
country under whose laws it has been
organized and registered.
CONTROL TEST
- investment houses
GRANDFATHER RULE THREE
LEVEL RELATIONSHIP TEST
TARGET COMPANY- grandson
1)FRAUD CASES
2)ALTER EGO CASES
3)DEFEAT PUBLIC CONVENIENCE
CASES
4)EQUITY CASES
ENTITLEMENT TO
CONSTITUTIONAL RIGHTS
1) Due Process
2) Equal Protection of the Law
3) Against Unreasonable
Searches and Seizures
4) Against Self-Incrimination
ENTITLEMENT TO
MORAL DAMAGES
1) ABS-CBN Broadcasting Corp. vs Court
of Appeals (1999) not entitled to moral
damages
2) Filipinas Broadcasting Network vs. Ago
Medical and Educational Center (2005)
may claim moral damages arising
from libel
3) Crystal vs. BPI, 572 SCRA 697 (2008)
while the Court may allow the grant of
damages, it is not automatically granted
LIABILITY FOR TORTS
Philippine laws: