Month: October 2017

— Civil Law, Mercantile Law —

ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

October 6, 2017

FACTS:  The defendant company, a general partnership duly registered under the laws of the Philippines, purchased from the plaintiff a motor vehicle on the installment basis and for this purpose executed a promissory note for P9,440.00, payable in twelve equal monthly installments of P786.63, the first installment payable on or before May 22, 1961 and… Read More ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

— Civil Law, Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

October 6, 2017

FACTS:   Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

— Political Law —

PANTRANCO vs. Public Service Commission (PSC) G.R. No. 47065 June 26, 1940 Delegation of Powers, Separation of Powers, Certificate of Public Convenience

October 6, 2017

  FACTS:  PANTRANCO, a holder of an existing Certificate of Public Convenience is applying to operate additional buses with the Public Service Commission (PSC) has been engaged in transporting passengers in certain provinces by means of public transportation utility. Patranc applied for authorization to operate 10 additional trucks. The PSC granted the application but added… Read More PANTRANCO vs. Public Service Commission (PSC) G.R. No. 47065 June 26, 1940 Delegation of Powers, Separation of Powers, Certificate of Public Convenience

— Civil Law, Mercantile Law —

American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code

October 6, 2017

FACTS:  American Home Assurance Co. and the National Marine Corporation (NMC) are foreign corporations licensed to do business in the Philippines. On or about 19 June 1988, Cheng Hwa Pulp Corporation shipped 5,000 bales (1,000 ADMT) of bleached kraft pulp from Haulien, Taiwan on board “SS Kaunlaran”, which is owned and operated by NMC. The… Read More American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code

— Civil Law, Mercantile Law —

National Steel vs. CA G.R. No. 112287 December 12,1997 VLASONS SHIPPING, INC. vs. CA AND NATIONAL STEEL CORPORATION G.R. No. 112350. December 12, 1997 Article 1732 of the Civil Code, Article 361 of the Code of Commerce, Article 362 of the Code of Commerce, common carrier, transportation

October 6, 2017

  FACTS: The MV Vlasons I is a vessel which renders tramping service and, as such, does not transport cargo or shipment for the general public. Its services are available only to specific persons who enter into a special contract of charter party with its owner. The ship is a private carrier, and it is… Read More National Steel vs. CA G.R. No. 112287 December 12,1997 VLASONS SHIPPING, INC. vs. CA AND NATIONAL STEEL CORPORATION G.R. No. 112350. December 12, 1997 Article 1732 of the Civil Code, Article 361 of the Code of Commerce, Article 362 of the Code of Commerce, common carrier, transportation

— Taxation —

Manila International Airport Authority vs. Court of Appeals, Paranque City G.R. No. 155650 July 20, 2006

October 6, 2017

FACTS: MIAA received Final Notices of Real Estate Tax Delinquency from the City of Parañaque for the taxable years 1992 to 2001. MIAA’s real estate tax delinquency was estimated at P624 million. The City of Parañaque, through its City Treasurer, issued notices of levy and warrants of levy on the Airport Lands and Buildings. The… Read More Manila International Airport Authority vs. Court of Appeals, Paranque City G.R. No. 155650 July 20, 2006

— Taxation —

PLDT vs. CITY OF DAVAO and ADELAIDA B. BARCELONA, in her capacity as City Treasurer of Davao GR. No. 143867, March 25, 2003

October 6, 2017

  FACTS:  PLDT paid a franchise tax equal to three percent (3%) of its gross receipts. The franchise tax was paid “in lieu of all taxes on this franchise or earnings thereof” pursuant to RA 7082. The exemption from “all taxes on this franchise or earnings thereof” was subsequently withdrawn by RA 7160 (LGC), which… Read More PLDT vs. CITY OF DAVAO and ADELAIDA B. BARCELONA, in her capacity as City Treasurer of Davao GR. No. 143867, March 25, 2003

— Civil Law —

Republic vs.  Encelan, G.R. No. 170022, Jan. 9, 2013 Art. 36 of the Family Code, psychologically incapacity

October 6, 2017

  FACTS:  In its June 5, 2002 decision,  the RTC declared Cesar’s marriage to Lolita void, finding sufficient basis to declare Lolita psychologically incapacitated to comply with the essential marital obligations. The petitioner, through the OSG, appealed to the CA. The OSG argues that Dr. Flores’ psychological evaluation report did not disclose that Lolita had… Read More Republic vs.  Encelan, G.R. No. 170022, Jan. 9, 2013 Art. 36 of the Family Code, psychologically incapacity

— Political Law —

SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., vs.ANTI-TERRORISM COUNCIL, et. al G.R. No. 178552 October 5, 2010 chilling effect, facial challenge, Human Security Act of 2007, in terrorem effect

October 6, 2017

FACTS: Petitioners assail for being intrinsically vague and impermissibly broad the definition of the crime of terrorism under RA 9372 (the Human Security Act of 2007) in that terms like “widespread and extraordinary fear and panic among the populace” and “coerce the government to give in to an unlawful demand” are nebulous, leaving law enforcement… Read More SOUTHERN HEMISPHERE ENGAGEMENT NETWORK, INC., vs.ANTI-TERRORISM COUNCIL, et. al G.R. No. 178552 October 5, 2010 chilling effect, facial challenge, Human Security Act of 2007, in terrorem effect

— Political Law, Taxation —

BETOY, vs.THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION G.R. Nos. 156556-57 October 4, 2011 EPIRA LAW, RA 9136 (EPIRA), tax

October 6, 2017

FACTS:  On June 8, 2001, RA 9136 (EPIRA) was enacted by Congress with the goal of restructuring the electric power industry and privatization of the assets of the National Power Corporation. On February 27, 2002, pursuant to Section 77 of the EPIRA, the Secretary of the Department of Energy promulgated the IRR. Section 63 of the… Read More BETOY, vs.THE BOARD OF DIRECTORS, NATIONAL POWER CORPORATION G.R. Nos. 156556-57 October 4, 2011 EPIRA LAW, RA 9136 (EPIRA), tax