Beruflich Dokumente
Kultur Dokumente
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FIRST DIVISION.
470
470
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471
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472
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473
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474
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475
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________________
1
Supra, note 2.
476
476
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477
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to the same court where the judge, to her astonishment and shock,
rendered a decision, translated to her in English, sentencing her to
five months imprisonment and to 286 lashes. Only then did she
realize that the Saudi court had tried her, together with Thamer
and Allah, for what happened in Jakarta. The court found plaintiff
guilty of (1) adultery; (2) going to a disco, dancing and listening to
the music in violation of Islamic laws; and (3) socializing with the
10
male crew, in contravention of Islamic tradition.
11
12
478
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Dated November 19, 1993, and docketed as Civil Case No. Q-93-
15
16
17
18
Rollo, p. 65.
19
Supra, note 6.
20
21
479
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23
24
Supra, note 7.
25
Ibid.
480
480
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Writ of Preliminary
Injunction and/or Temporary
26
Restraining Order with the Court of Appeals.
Respondent Court of Appeals promulgated
a Resolution
27
with Temporary Restraining Order dated February 23,
1995, prohibiting the respondent Judge from further
conducting any proceeding, unless otherwise directed, in
the interim.
28
In another Resolution promulgated on September 27,
1995, now assailed, the appellate court denied SAUDIAs
Petition for the Issuance of a Writ of Preliminary
Injunction dated February 18, 1995, to wit:
The Petition for the Issuance of a Writ of Preliminary Injunction is
hereby DENIED, after considering the Answer, with Prayer to Deny
Writ of Preliminary Injunction (Rollo, p. 135) the Reply and
Rejoinder, it appearing that herein petitioner is not clearly entitled
thereto (Unciano Paramedical College, et al. v. Court of Appeals, et
al., G.R. No. 100335, April 7, 1993, Second Division).
SO ORDERED.
27
Supra, note 7.
28
Records, p. 180.
29
30
Supra, note 2.
481
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481
32
Memorandum for Petitioner dated October 9, 1996, rollo, pp. 149-180; and
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Memorandum for Private Respondent, October 30, 1996, rollo, pp. 182-210.
482
482
34
35
Art. 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
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Art. 21. Any person who wilfully causes loss or injury to another in
483
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38
484
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485
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41
Ibid.
43
486
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46
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487
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488
Supra, note 37, p. 58, citing Gulf Oil Corporation v. Gilbert, 350
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489
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52
490
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Ibid.
55
of Laws, p. 50.
56
57
Ibid.
Supra, note 37 at p. 136; cf. Mussbaum, Principle of Private
491
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Ibid.
60
492
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tradition.
There is likewise logical basis on record for the claim
that the handing over or turning over of the person of
private respondent to Jeddah officials, petitioner may have
acted beyond its duties as employer. Petitioners purported
act contributed to and amplified or even proximately
caused additional humiliation, misery and suffering of
private respondent. Petitioner thereby allegedly facilitated
the arrest, detention and prosecution of private respondent
under the guise of petitioners authority as employer,
taking advantage of the trust, confidence and faith she
reposed upon it. As purportedly found by the Prince of
Makkah, the alleged conviction and imprisonment of
private respondent was wrongful. But these capped the
injury or harm allegedly inflicted upon her person and
reputation, for which petitioner could be liable as claimed,
to provide compensation or redress for the wrongs done,
once duly proven.
Considering that the complaint in the court a quo is one
involving torts, the connecting factor or point of contact
could be the place or places where the tortious conduct or
lex loci actus occurred. And applying the torts principle in a
conflicts case, we find that the Philippines could be said as
a situs of the tort (the place where the alleged tortious
conduct took place). This is because it is in the Philippines
where petitioner allegedly deceived private respondent, a
Filipina residing and working here. According to her, she
had honestly believed that petitioner would, in the exercise
of its rights and in the performance of its duties, act with
justice, give her her due and observe honesty and good
faith. Instead, petitioner failed to protect her, she claimed.
That certain acts or parts of the injury allegedly occurred
in another country is of no moment. For in our view what is
important here is the place where the
493
493
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494
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63
Supra, note 59, p. 79, citing Ruben v. Irving Trust Co., 305 N.Y. 288,
65
66
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495
495
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o0o
496
496
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SECOND DIVISION.
497
497
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lading to recover from the carrier or shipper for loss of, or damage
to goods being transported under said bill, although that document
may have beenas in practice it oftentimes isdrawn up only by the
consignor and the carrier without the intervention of the consignee. x
x x.
Same; Same; Same; When the consignee formally claims
reimbursement for the missing goods from the common carrier and
subsequently files a case against the latter based on the very same
bill of lading, it accepts the provisions of the contract and thereby
makes itself a party thereto.When private respondent formally
claimed reimbursement for the missing goods from petitioner and
subsequently filed a case against the latter based on the very same
bill of lading, it (private respondent) accepted the provisions of the
contract and thereby made itself a party thereto, or at least has
come to court to enforce it. Thus, private respondent cannot now
reject or disregard the carriers limited liability stipulation in the
bill of lading. In
498
498
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499
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500
500
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transport.
In the case at bar, the Court is of the view that the
requirements of said article have not been met. The fact that those
conditions are printed at the back of the bill of lading in letters so
small that they are hard to read would not warrant the
presumption that the plaintiff or its supplier was aware of these
conditions such that he had fairly and freely agreed to these
conditions. It can not be said that the plaintiff had actually entered
into a contract with the defendant, embodying the conditions as
printed at the back of the bill of lading that was issued by the
defendant to plaintiff.
501
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but is based on Article 1735 of the New Civil Code, there being no
evidence to prove satisfactorily that the appellant has overcome the
presumption of negligence provided for in the law.
St. Paul Fire and Marine Insurance Co. vs. Macondray & Co., 70
SCRA 122 [1976]; Sea Land Services, Inc. vs. Intermediate Appellate
Court, 153 SCRA 552 [1987]; Pan American World Airways, Inc. vs.
Intermediate Appellate Court, 164 SCRA 268 [1988]; Phil. Airlines, Inc.
vs. Court of Appeals, 255 SCRA 63 [1996].
502
502
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503
503
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________________
5
504
While it may be true that petitioner had not signed the plane ticket
x x, he is nevertheless bound by the provisions thereof. Such
provisions have been held to be a part of the contract of carriage,
and valid and binding upon the passenger regardless of the latters
lack of knowledge or assent to the regulation. It is what is known
as a contract of adhesion, in regards which it has been said that
contracts of adhesion wherein one party imposes a ready-made form
of contract on the other, as the plane ticket in the case at bar, are
contracts not entirely prohibited. The one who adheres to the
contract is in reality free to reject it entirely; if he adheres, he gives
his consent. x x x, a contract limiting liability upon an agreed
valuation does not offend against the policy of the law forbidding
one from contracting against his own negligence. (Emphasis
supplied)
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No. 126699, August 7, 1998. See also Qua Chee Gan vs. Law Union and
Rock Insurance Co., Ltd., 98 Phil. 95 [1955].
505
505
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506
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See Mendoza vs. Philippine Air Lines, Inc., 90 Phil. 836, 845-846.
10
Rollo, p. 116.
11
Rollo, p. 13.
507
507
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