Title
Top-Weld Manufacturing, Inc. vs. ECED, S.A.
Case
G.R. No. L-44944
Decision Date
Aug 9, 1985
Top-Weld, a Philippine manufacturer, sued foreign entities IRTI and ECED for contract termination, alleging violations. Courts ruled IRTI/ECED were doing business in PH without BOI certification, making termination valid. Both parties in pari delicto; case moot as contracts expired.

Case Summary (G.R. No. 172238)

Petitioner and Respondents

Top-weld Manufacturing, Inc. is engaged in manufacturing and selling welding supplies. The respondents, IRTI and ECED, entered into licensing and distribution agreements with Top-weld but later sought to terminate these agreements. The legal battle ensued after Top-weld filed for a preliminary injunction to stop the termination.

Case Background and Legal Proceedings

Top-weld filed Civil Case No. 21409 on June 16, 1975, seeking a writ of preliminary injunction to prevent the termination of its contracts. The trial court initially granted a restraining order but later modified its position, leading to an appeal by the respondents to the Court of Appeals. The Court of Appeals annulled the trial court's orders and questioned Top-weld's invocation of Republic Act No. 5455 regarding the rights of foreign corporations conducting business in the Philippines.

Applicable Law

The case revolves around the provisions of Republic Act No. 5455, which regulates foreign corporations doing business in the Philippines. Specifically, Section 4(9) of this Act prohibits foreign firms from terminating franchises or licensing agreements without just cause and appropriate compensation to the resident licensee.

Legal Issue: Doing Business in the Philippines

The primary legal dispute hinges on whether the foreign corporations were "doing business" in the Philippines. The Court clarified that engaging in substantial business activities, rather than mere isolated transactions, qualifies as doing business under Philippine law. The Court confirmed that both IRTI and ECED were indeed operating in the Philippines by virtue of their contracts with Top-weld.

Foreign Corporations' Compliance

It was determined that IRTI and ECED had not secured the required certificate from the Board of Investments as mandated under R.A. No. 5455, thereby failing to comply with the law governing their operations in the Philippines. The Court held that this lack of compliance nullifies claims made by these corporations regarding their ability to terminate the contracts freely.

Equitable Remedies and "Clean Hands" Doctrine

The Court noted that Top-weld, by entering into contracts with foreign corporations without ensuring their compliance with local business laws, could not claim the equitable remedy of injunction. The doctrine of "clean hands" prevented Top-weld from seeking relief due to its complicity in an illegal arrangement, thereby deeming its request for injunction invalid.

Just Cause for Termination

The case also involved allegations of contractual violations by Top-weld, which the respondents presented through affidavits. The Court affirmed tha

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