ROBERTO A. ABAD
Associate Justice
Footnotes
1 Fortich v. Corona, G.R. No. 131457, April 24, 1998, 289 SCRA 624, 645.
2 Springfield Development Corporation, Inc. v. Presiding Judge, RTC, Misamis Oriental, Br. 40, Cagayan de Oro City, G.R. No. 142628, February 6, 2007, 514 SCRA 326, 342-343; Fortich v. Corona, id.
3 Decision, p. 10.
4 G.R. No. 143855, September 21, 2010.
5 Bernas, Joaquin G., Foreign Relations in Constitutional Law, 1995 Ed., p. 87 citing Smith, Bell and Co. v. Natividad, 40 Phil 136, 148 (1919); Luzon Stevedoring Corporation v. Anti-Dummy Board, 46 SCRA 474, 490 (1972); De Leon, Hector S., Philippine Constitutional Law (Principles and Cases), 2004 Ed., Vol. 2, p. 940.
6 De Leon, Hector S., Philippine Constitutional Law (Principles and Cases), 2004 Ed., Vol. 2, p. 946.
7 Manila Prince Hotel v. Government Service Insurance System, G.R. No. 122156, February 3, 1997, 267 SCRA 408, 430.
8 Id. at 431.
9 Agpalo, Ruben E., Comments on the Corporation Code of the Philippines, 2001 Ed., p. 50.
10 Id. at 51.
11 Section 137. The Corporation Code.
12 Sec. 3. Definitions. - As used in this Act:
a. The term "Philippine national" shall mean a citizen of the Philippines; of a domestic partnership or association wholly owned by citizens of the Philippines; or a corporation organized under the laws of the Philippines of which at least sixty percent (60%) of the capital stock outstanding and entitled to vote is owned and held by citizens of the Philippines; or a corporation organized abroad and registered as doing business in the Philippines under the Corporation Code of which one hundred percent (100%) of the capital stock outstanding and entitled to vote is wholly owned by Filipinos or a trustee of funds for pension or other employee retirement or separation benefits, where the trustee is a Philippine national and at least sixty percent (60%) of the fund will accrue to the benefit of Philippine nationals: Provided, That where a corporation and its non-Filipino stockholders own stocks in a Securities and Exchange Commission (SEC) registered enterprise, at least sixty percent (60%) of the capital stock outstanding and entitled to vote of each of both corporations must be owned and held by citizens of the Philippines and at least sixty percent (60%) of the members of the Board of Directors of each of both corporations must be citizens of the Philippines, in order that the corporation, shall be considered a "Philippine national." (As amended by Republic Act 8179)
13 Decision, pp. 25-26.
14 Id. at 17.
15 Section 21, Article II.
16 Section 22, Article II.
17 Section 25, Article II.
18 Section 27, Article II.
19 Section 16, Article III.
20 Section 2, Article V.
21 Section 5, Article VI.
22 Section 3, Article XIII.
23 Id.
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