Professional Documents
Culture Documents
BACHE&CO v RUIZ
Facts: Respondent Commissioner of Internal Revenue, wrote a
letter to respondent Judge Ruiz requesting the issuance of a search
warrant against petitioner for violation of NIRC. Petitioner, on the
other hand, filed a petition to quash the search warrant.
Respondent Judge however, dismissed the said petition of the
petitioner.
Facts:In this case the petitioner contends that its right against selfincrimination had been violated by the Order issued by the
respondent PCGG requiring it to produce corporate records under
pain of contempt if it failed to do so.
Ruling: The SC ruled that while an individual may lawfully refuse to
answer incriminating questions, it does not follow that a
corporation being a juridical person may refuse to show its hand
when charged with an abuse of privileges granted to it by the state.
FACTS: Petitioners are among the more than five hundred (500)
water districts existing throughout the country formed pursuant to
the provisions of Presidential Decree No. 198, as amended by
Presidential Decrees Nos. 768 and 1479, otherwise known as the
"Provincial Water Utilities Act of 1973."
PEOPLE V. QUASHA
Facts: William H. Quasha is a lawyer representing Pacific Airways
Corporation, a corporation organized for the purpose of engaging in
business as a common carrier. Quasha was charged with the crime
of falsification of a public and commercial document for having
been entrusted with the preparation and registration of the article
of incorporation which he caused to appear in said article of
incorporation that one Arsenio Baylon, a Filipino citizen, had
The court stated that such revelation was not essential, and
the Corporation Law does not require it. Defendant was, therefore,
under no obligation to make it. In the absence of such obligation
and of the allege wrongful intent, defendant cannot be legally
convicted of the crime with which he is charged.
For a corporation to be entitled to operate a public utility it
is not necessary that it be organized with 60 per cent of its capital
owned by Filipinos from the start. A corporation formed with capital
that is entirely alien may subsequently change the nationality of its
capital through transfer of shares to Filipino citizens. conversely, a
corporation originally formed with Filipino capital may subsequently
change the national status of said capital through transfer of shares
to foreigners.
The moment for determining whether a corporation is
entitled to operate as a public utility is when it applies for a
franchise, certificate, or any other form of authorization for that
purpose. And that can be done after the corporation has already
come into being and not while it is still being formed. And at that
moment, the corporation must show that it has complied not only
with the requirement of the Constitution as to the nationality of its
capital, but also with the requirements of the Civil Aviation Law if it
is a common carrier by air, the Revised Administrative Code if it is a
ISSUE: W/N the fire policy became null and void upon the
declaration of war between US and Germany (Dec. 10, 1941).
Both the Corporation Law and the Canon Law are explicit in their
provisions that a corporation sole or ordinary is not the owner of
the properties that he may acquire but merely the administrator
thereof and holds the same in trust for the church to which the
corporation is an organized and constituents part. Being mere
administrator the constitutional provision of 60% Filipino ownership
is not applicable.
Facts: This case involves the prohibition in section 11, Article XIV
of the Constitution that "no private corporation or association may
hold alienable lands of the public domain except by lease not to
exceed one thousand hectares in area".
Lots Nos. 568 and 569, located at Barrio Dampol, Plaridel, Bulacan,
with an area of 313 square meters and an assessed value of P1,350
were acquired by the Iglesia Ni Cristo on January 9, 1953 from
Andres Perez in exchange for a lot with an area of 247 square
meters owned by the said church (Exh. D).
The said lots were already possessed by Perez in 1933. They are
not included in any military reservation. They are inside an area
which was certified as alienable or disposable by the Bureau of
Forestry in 1927. The lots are planted to santol and mango trees
and banana plants. A chapel exists on the said land. The land had
been declared for realty tax purposes. Realty taxes had been paid
therefor (Exh. N).
private appropriation and that the applicant and its predecessorsin-interest have not been in the open, continuous, exclusive and
notorious possession of the land since June 12, 1945.
In 1951. as a result of a capital surplus, arising from the revaluation of its real properties, the value or price of which
increased, the Club declared stock dividends; but no actual cash
dividends were distributed to the stockholders.
Held: After hearing, the trial court ordered the registration of the
two lots, as described in Plan Ap-04-001344 (Exh. E), in the name
of the Iglesia Ni Cristo, a corporation sole, represented by Executive
Minister Erao G. Manalo, with office at the corner of Central and
Don Mariano Marcos Avenues, Quezon City, From that decision, the
Republic of the Philippines appealed to this Court under Republic
Act No. 5440. The appeal should be sustained.
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