Sei sulla pagina 1di 1

Title International Express Travel & Tour DOCTRINE:

Services Inc., vs CA, Henri Khan and Phil Before a corporation may acquire juridical
Football Federation personality, State must give its consent either in
GR 119002 form of special law or general enabling act and
Date Oct 19, 2000 not just by mere passage of laws.

KEYWORDS
Airline Tickets – Travel Agency, PFF is not Corp
court´s decision hence he should not be a party in
Entity, State – Consent not just mere passage of
this case.
laws,
SC: Trial court decision affirmed. PFF did not exist
as a corporate entity under the law. The laws
CASE: concerning national sports associations (Sec 14 RA
IETTS through its managing director wrote a letter 3135 and Sec 8 PD 609) only recognize that PFF,
to Kahn (President of Phil Football Federation – may be accorded a corporate status but it does not
PFF) offering his services as a travel agency. Kahn automatically take place by mere passage of law.
was able to secure airline tickets for the trips of the
athletes and the officials of the Federation in Kuala Kahn´s showing of the constitution and by-laws of
Lumpur, Brisbane and China valued at P449,654.83. the PFF does not prove that such Federation has
been accredited by the Dept of Youth and Sports
The Federation was able to pay P31,603.00 plus Devt.
Kahn also issued a personal check worth P50,000.
Thereafter, no partial payments were made. Any person acting on behalf of a corporation which
Hence, this prompted petitioner to file a civil case has no valid existence assumes such privileges and
before the RTC. IETTS sued Kahn in his personal liable for contracts entered into. Therefore, Kahn in
capacity and as a President of PFF and also his personal capacity and President of PFF is liable
impleaded the Federation. IETTS wanted to hold for the unpaid obligation.
Kahn liable for the unpaid balance because he was
the one who guaranteed said obligation.

Kahn denied the allegation and that IETTS


has no cause of action against him because he did
not guarantee payment but merely acted as an
agent of the PFF which has a separate and distinct
juridical personality.

Trial Court: judgment in favor of IETTS and declared


Kahn personally liable for the unpaid obligation.
That he failed to show that PFF was a corporation –
he said it was a sport association.

CA: reversed the trial court decision hence,


recognized the corporate existence of PFF hence
Kahn should not be held liable for the unpaid
balance. MR denied. Note that PFF did not appeal