This case has been cited 2 times or more.
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2012-07-30 |
BRION, J. |
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| Under Section 3(6) of the COGSA, the carrier is discharged from liability for loss or damage to the cargo "unless the suit is brought within one year after delivery of the goods or the date when the goods should have been delivered."[29] Jurisprudence, however, recognized the validity of an agreement between the carrier and the shipper/consignee extending the one-year period to file a claim.[30] | |||||
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2008-08-06 |
REYES, R.T., J. |
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| A foreign corporation not licensed to do business in the Philippines is not absolutely incapacitated from filing a suit in local courts. Only when that foreign corporation is "transacting" or "doing business" in the country will a license be necessary before it can institute suits.[24] It may, however, bring suits on isolated business transactions, which is not prohibited under Philippine law.[25] Thus, this Court has held that a foreign insurance company may sue in Philippine courts upon the marine insurance policies issued by it abroad to cover international-bound cargoes shipped by a Philippine carrier, even if it has no license to do business in this country. It is the act of engaging in business without the prescribed license, and not the lack of license per se, which bars a foreign corporation from access to our courts.[26] | |||||