Case Digest (G.R. No. L-28882)
Facts:
In Time, Inc. vs. Hon. Andres Reyes, petitioner Time, Inc., an American corporation and publisher of *Time* magazine with principal offices at Rockefeller Center, New York, sought relief by certiorari and prohibition against the Court of First Instance (CFI) of Rizal. Respondents Antonio J. Villegas, then Mayor of Manila, and Juan Ponce Enrile, then Undersecretary of Finance and Acting Commissioner of Customs, had filed Civil Case No. 10403 in the CFI of Rizal seeking damages for alleged libel arising from an essay entitled “Corruption in Asia” in the 18 August 1967 Asia edition of *Time*. The article detailed supposed loans to Mayor Villegas by government officials and businessmen and implied corruption and nepotism. The Rizal court granted plaintiffs leave to take depositions of petitioner’s representatives in Manila, issued a writ of attachment on petitioner’s property, and deferred ruling on petitioner’s motion to dismiss for lack of jurisdiction and improper venue under RepCase Digest (G.R. No. L-28882)
Facts:
- Parties and Nature of Petition
- Petitioner Time, Inc. – an American corporation, publisher of Time magazine (Asia Edition); did not allege its capacity to sue in the Philippines.
- Private respondents Antonio J. Villegas (Mayor of Manila) and Juan Ponce Enrile (Undersecretary of Finance and Acting Commissioner of Customs) – plaintiffs in Civil Case No. 10403, CFI of Rizal.
- Underlying Libel Action and Procedural History
- Publication at issue – Time (Asia Edition), 18 August 1967, essay “Corruption in Asia” alleging graft, corruption and nepotism by Mayor Villegas aided by Enrile, recounting uncollateralized loans.
- Civil Case No. 10403 (CFI Rizal) – Villegas and Enrile sued for damages; court granted leave to take depositions of Anthony Gonzales and Cesar B. Enriquez and issued writ of attachment on petitioner’s assets.
- Motion to dismiss – Time, Inc. moved (27 Dec 1967) to dismiss for lack of jurisdiction and improper venue under Republic Act No. 4363; CFI Rizal deferred action (26 Feb 1968) and reaffirmed deferment (30 Mar 1968).
- Petition for certiorari and prohibition – filed in the Supreme Court (April 1968), bond of ₱1,000 posted; writ of preliminary injunction issued (15 Apr 1968) to halt proceedings in CFI Rizal.
- Statutory Framework – Republic Act No. 4363
- Amends Art. 360, Revised Penal Code, to localize venue for libel suits: if offended party is a public officer with office in Manila, action must be filed in CFI Manila or where article was printed and first published.
- Contains provisos making venue exclusive and conditioned on the organization of a Philippine Press Council for effectivity.
Issues:
- Jurisdiction under RA 4363
- Whether CFI Rizal had jurisdiction to entertain the civil libel suit filed by two Manila public officers.
- Whether RA 4363’s venue provisions apply when the defendant is a foreign corporation or non-resident.
- Proper Remedy for Excess of Jurisdiction
- Whether a foreign corporation may challenge an erroneous assumption of jurisdiction by writ of certiorari or prohibition.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)