Beruflich Dokumente
Kultur Dokumente
KITAMURA
Facts:
Nippon Engineering Consultants a Japanese firm, was contracted by the
DPWH to supervise the construction of the Southern Tagalog Access
Road.
Nippon entered into an independent contractor agreement (ICA) with
Minoru Kitamura for project. The contract was effective for a period of 1
year.
But in February 2000, Kazuhiro Hasegawa, the general manager of
Nippon informed Kitamura that they are pre-terminating his contract.
Kitamura sought to reconsider but Nippon refused to negotiate.
Kitamura then filed a complaint for specific performance and damages in
the RTC of Lipa.
Hasegawa filed a motion to dismiss on the ground that the contract was
entered in Japan hence, applying the principle of lex loci celebracionis,
should be cognizable only by Japanese courts.
The trial court denied the motion. Nippon filed a petition for certiorari with
the Supreme Court.
Issue:
Whether or not the complaint against Nippon should be dismissed.
RULING:
HELD: No. In the first place, the case filed by Kitamura is a complaint
for specific performance and damages. Such case is incapable of
pecuniary estimation; such cases are within the jurisdiction of the regional
trial court.
Hasegawa filed his motion to dismiss on the ground of forum non
conveniens contending that the case should be tried in Japan in Lex Loci
Celebrationis. However, such ground is not one of those provided for by
the Rules as a ground for dismissing a civil case.
The Supreme Court also emphasized that the contention that Japanese
laws should apply is premature.
In conflicts cases, there are three phases and each next phase
commences when one is settled, to wit: