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King vs. Sycip (1954)

King sued Francisco Sycip in the Court of First Instance (CFI) in Manila to recover sales commissions from Sycip's sale of 1000 metric tons of coconut oil to Jas. Maxwell Fassett. Sycip contested the CFI's jurisdiction, arguing the agreement took place in New York. The court ruled the CFI had jurisdiction because King, a non-resident, was suing Sycip, a resident of the Philippines, and Sycip's property was subject to execution in the Philippines in the event of an adverse judgment. The case involved a personal action to collect a sum of money, which falls under the CFI's jurisdiction.

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88 views1 page

King vs. Sycip (1954)

King sued Francisco Sycip in the Court of First Instance (CFI) in Manila to recover sales commissions from Sycip's sale of 1000 metric tons of coconut oil to Jas. Maxwell Fassett. Sycip contested the CFI's jurisdiction, arguing the agreement took place in New York. The court ruled the CFI had jurisdiction because King, a non-resident, was suing Sycip, a resident of the Philippines, and Sycip's property was subject to execution in the Philippines in the event of an adverse judgment. The case involved a personal action to collect a sum of money, which falls under the CFI's jurisdiction.

Uploaded by

Joseph Kim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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KING vs.

SYCIP

G.R. No. L-5897


April 23, 1954
94 Phil. 784

FACTS
Francisco Sycip, through his agent King Mau Wu, sold 1000 metric tons of coconut oil emulsion to
Jas. Maxwell Fassett (JMF), which later was assigned to Fortrade. The agreement was done through a
letter sent to King Mau while the same was in New York. Some correspendonce between Sycip and
King Mau, as well as between King Mau and Fortrade, took place during the sale of the coconut oil.

King filed an action to recover his sales commissions at the CFI Manila. Sycip contested the suit on
th eground that the CFI lacked jurisdiction, as the alleged agreement took place in New York.

ISSUE
Whether the CFI has jurisdiction over the action.

RULING
Yes. The contention of Sycip is without merit, because a non-resident may sue a resident in the courts
of this country where the defendant may be summoned and his property leviable upon execution in
the case of a favorable, final and executory judgment.

It is a personal action for the collection of a sum of money which the Courts of First Instance have
jurisdiction to try and decide. There is no conflict of laws involved in the case, because it is only
a question of enforcing an obligation created by or arising from contract; and unless the
enforcement of the contract be against public policy of the forum, it must be enforced.

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