BASECO vs. PCGG Digest

Facts

BASECO (Bataan Shipyard and Engineering Co. Inc.) challenged the PCGG sequestration orders issued in accordance with EOs 1 and 2 of President Cory Aquino. PCGG was directed to (1) sequester the BASECO and 8 other companies with minimum disruption, (2) produce certain documents, (3) terminate services to BASECO executives. BASECO contends, among others, that such sequestration is a violation against its right against self-incrimination and unreasonable searches and seizures.

Ruling

No.

Right against self-incrimination has no application to juridical persons.

Corporations cannot refuse incriminating questions because it is vested with special privileges and franchises by the government, and they must show their hand when charged.
Moreover, no search was undertaken by the PCGG, so BASECO cannot invoke its right against self-incrimination.

Corporations are a creation of the State, for public benefit

Its rights are only preserved to it so long as it obeys the laws of its creation.
It would be a strange anomaly to hold that a state could not inquire whether its franchises/privileges granted were abused, and cannot demand the production of the corporate books and papers for that purpose.

ABS-CBN vs. Hilario

April 11, 2022

July 10, 2019 Facts Mr. Edmund Ty incorporated CCI to engage in the business of making props for TV programs et al. Honorato and Banting were hired as employees. In June 2003,

The Asylum Case (Colombia v. Peru) Digest

January 28, 2023

ICJ Judgment of 20 November 1950 Facts A military rebellion broke out in Peru. Haya was denounced as responsible and his arrest was ordered. In January 1949, Haya sought diplomatic asylum in

Jurisdiction and its Types

April 21, 2022

Means “the power to hear and decide cases” (Herrera vs. Barreto) and execute judgment thereon (Echegaray vs. Sec. of Justice) “The authority to resolve cases, and determine the rights and obligations of

Republic vs. Heirs of Sin Digest

January 27, 2022

Facts Maxima Sin was the owner of 5.8 ha land in Tambac, New Washington, Aklan. After she died, respondents claim that they are lawful heirs of the late Maxima Sin. In 1991,

EPZA vs. CHR

May 24, 2022

Export Processing Zone Authority vs. CHRG.R. No. 101476, 14 April 1992 Facts Certain parcels of land in Cavite were designated as Export Processing Zones by PD 1980. It was later sold to

Bailor

October 9, 2022

is the person who delivers a non-consumable thing for the use of a bailee in a certain period of time without compensation for its use. (Art. 1935 of New Civil Code) The

Lex Rex Ph