Month: October 2017

— Civil Law, Mercantile Law —

CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

October 24, 2017

FACTS: Private respondent averred that she, a businesswoman, made regular deposits, starting September of 1979, with petitioner Citytrust at its Burgos branch in Calamba, Laguna. On 15 May 1980, she deposited with petitioner the amount of Thirty One Thousand Five Hundred Pesos(P31,500.00), in cash, in order to amply cover 6 postdated checks she issued. When… Read More CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

— Civil Law —

ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, Art. 1156, Civil Code

October 24, 2017

FACTS: A complaint for Specific Performance was filed by Ang Yu Asuncion et al., against Bobby Cu Unjieng and Jose Tan. The plaintiffs were tenants or lessees of residential and commercial spaces owned by defendants in Binondo. On several conditions defendants informed the plaintiffs that they are offering to sell the premises and are giving… Read More ANG YU ASUNCION VS. CA 238 SCRA 602 G.R. No. 109125 December 2, 1994 Obligations and Contracts, Sources of an Obligation, Lis Pendens, Art. 1156, Civil Code

— Civil Law —

BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

October 23, 2017

FACTS: The spouses Seña and their four children went to the Tropical Palace Hotel to see the Reycard Duet Show they occupied a table and ordered drinks before the show, when a waiter named Baez was going to serve the tray containing the drinks was overturned and fell on her. She was drenched. Later, she… Read More BAGUMBAYAN CORPORATION vs.INTERMEDIATE APPELLATE COURT G.R. No. L-66274 September 30, 1984 Damages, Quasi-delict, Gross Negligence, Article 2176, Article 2180 of the Civil Code, Moral damages, Exemplary damages

— Legal Ethics —

Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee

October 23, 2017

FACTS: This is an appeal from the order of the CFI of Cebu denying the petition for the cancellation of an adverse claim registered by the adverse claimant on the transfer certificate of title of the petitioners. Atty. Fernandez was retained as counsel by petitioner, Maximo Abarquez, in a Civil Case for the annulment of… Read More Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee

— Civil Law —

LEUNG BEN VS. P. J. O’BRIEN G.R. No. L-13602 April 6, 1918 Gambling, Obligations and Contracts

October 23, 2017

FACTS: An action was instituted by P. J. O’Brien to recover the sum of P15,000 alleged to have been lost by Leung Ben to P.J. O’Brien in a series of gambling, banking and percentage games conducted during the two or three months prior to the institution of the suit. In Leung Ben’s verified complaint, O’Brien… Read More LEUNG BEN VS. P. J. O’BRIEN G.R. No. L-13602 April 6, 1918 Gambling, Obligations and Contracts

— Civil Law —

PELAYO VS. LAURON 12 Phil. 453 G.R. No. L-4089 January 12, 1909 Obligations and Contracts

October 23, 2017

FACTS: Arturo Pelayo, a physician, plaintiff was called to render medical assistance to the defendant’s daughter-in-law, who was about to give birth. After the consultation of Dr. Escaño, it was deemed that the operation was going to be difficult for child birth, but regardless, Dr. Pelayo proceeded with the job of operating on the subject… Read More PELAYO VS. LAURON 12 Phil. 453 G.R. No. L-4089 January 12, 1909 Obligations and Contracts

— Taxation —

AGUINALDO INDUSTRIES (FISHING NETS) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. L-29790 February 25, 1982 Income Tax, Tax Exemption, Necessary Expense

October 23, 2017

FACTS: Aguinaldo Industries Corp. is engaged in the manufacture of fishing nets, a tax-exempt industry, and the manufacture of furniture. For accounting purposes, each division is provided with separate books of accounts. Previously, Aguinaldo Industries acquired a parcel of land in Muntinglupa,Rizal, as site of the fishing net factory. This transaction was entered in the… Read More AGUINALDO INDUSTRIES (FISHING NETS) vs. COMMISSIONER OF INTERNAL REVENUE G.R. No. L-29790 February 25, 1982 Income Tax, Tax Exemption, Necessary Expense

— Civil Law, Mercantile Law —

KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

October 23, 2017

FACTS: WG & A JEBSENS SHIPMGMT. Owner/Operator of M/V “SUPERFERRY 3” and KEPPEL CEBU SHIPYARD, INC. (KCSI) enter into an agreement that the Drydocking and Repair of the above-named vessel ordered by the Owner’s Authorized Representative shall be carried out under the Keppel Cebu Shipyard Standard Conditions of Contract for Ship repair, guidelines and regulations… Read More KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

— International Law, Political Law —

Professional Video Inc. vs. TESDA, G.R. No. 155504, June 26, 2009, Sovereignty, State Immunity from Suit, International Law

October 21, 2017

FACTS:  In 1999, TESDA, an instrumentality of the government established under R.A. No. 7796 (the TESDA Act of 1994) and attached to the DOLE to develop and establish a national system of skills standardization, testing, and certification in the country. To fulfill this mandate, it sought to issue security-printed certification and/or identification polyvinyl (PVC) cards… Read More Professional Video Inc. vs. TESDA, G.R. No. 155504, June 26, 2009, Sovereignty, State Immunity from Suit, International Law

— Constitutional Law, Labor Law —

JACULBE vs. SILLIMAN UNIVERSITY G.R. No. 156934 March 16, 2007 Compulsory Retirement, CBA, Security of Tenure Clause Illegal Dismissal

October 21, 2017

FACTS: Petitioner began working for respondents university medical center as a nurse. Respondent, through its Human Resources Development Office, informed petitioner that she was approaching her 35th year of service with the university and was due for automatic retirement on November 18, 1993, at which time she would be 57 years old. This was pursuant… Read More JACULBE vs. SILLIMAN UNIVERSITY G.R. No. 156934 March 16, 2007 Compulsory Retirement, CBA, Security of Tenure Clause Illegal Dismissal