Professional Documents
Culture Documents
I.
Government
Owned
Controlled Corporation
and
Facts:
1. Since 1980, petitioner was
employed with the PNRC, and until
his early "retirement" on December
15, 1995, he was administrator of the
Surigao del Norte Chapter, Philippine
National Red Cross.
2. In July, 1995, a field auditor of the
PNRC conducted an audit of the
books of account of the Surigao del
Norte Chapter headed by petitioner
and found him short in the total sum
of P109,000.00.[3]
3. On November 21, 1995, Dr. Celso
Samson, Secretary General of the
PNRC wrote petitioner requiring him
to restitute within seventy two (72)
hours from notice, the total sum of
P135,927.78
representing
cash
shortage, technical shortage and
unremitted collections.[4]
4. On December 15, 1995, petitioner
applied for early retirement from the
service, and later wrote Dr. Samson
requesting for a re-audit by an
February 9,
FRANCISCA
S.
BALUYOT,
petitioner, vs. PAUL E. HOLGANZA
and the OFFICE OF THE OMBUDSMAN
DE LEON, JR., J.:
A special civil action for certiorari,
seeking the reversal of the Orders
dated August 21, 1998 and October
28, 1998 issued by the Office of the
Ombudsman,
which
denied
The
(3) it is not audited by the
Ombudsman and his Deputies, as
Commission on Audit.
protectors of the people, shall act
promptly on complaints filed in any
August 12,
denied
the
Ruling:
I. Improper Venue
Petitioner assails the filing of this
case in the RTC of Pasay and points to
a provision in private respondents
invoice which contains the following:
3. If court litigation becomes
necessary to enforce collection, an
additional equivalent (sic) to 25% of
the principal amount will be charged.
The agreed venue for such action is
Makati, Metro Manila, Philippines.
IV.
Control Test
COMPAIA
May 25,
DE
V.
Corporate
Personality
[G.R. No. 160039.
2004]
Juridical
June 29,
2.
The sum of P20,000.00 for the repair
of the motorcycle;
3.
The sum of P100,000.00 for the loss of
earning capacity;
4.
The sum of P500,000.00 as moral
damages;
5.
The sum of P50,000.00 as exemplary
damages;
6. The sum of P50,000.00 as attorneys fees
plus cost of suit.
SOLIDARILY
LIABLE
WITH
PETITIONERS DASSAD AND SECOSA
Employers shall be liable for the damages
IN VIOLATION OF THE CORPORATION
caused by their employees and household
LAW AND RELATED JURISPRUDENCE
helpers acting within the scope of their
ON THE MATTER.
assigned tasks, even though the former are
not engaged in any business or industry.
Ruling:
of
the
Civil
Code
July 31,