Mercantile Law

ADVENT CAPITAL v. ALCANTARA G.R. No. 183050 January 25, 2012 Nature of A Rehabilitation Case

FACTS: Petitioner Advent Capital filed a petition for rehabilitation. The RTC named Atty. Concepcion as rehabilitation receiver. Upon audit of Advent Capital’s books, Atty. Concepcion found that respondents Nicasio and Editha Alcantara owed Advent Capital ₱27,398,026.59, representing trust fees that it supposedly earned for managing their several trust accounts. Atty. Concepcion requested Belson Securities, Inc.… Read More ADVENT CAPITAL v. ALCANTARA G.R. No. 183050 January 25, 2012 Nature of A Rehabilitation Case

Mercantile Law

WONDER BOOK v. PHILIPPINE BANK OF COMMUNICATIONS G.R. No. 187316, July 16, 2012 Rehabilitation

FACTS: Petitioner Wonder Book and eight other corporations, collectively known as the LGC, filed a joint petition for rehabilitation with the RTC.  The RTC approved the petition for rehabilitation.  The Order was questioned by EPCI Bank and PBCOM, creditors of LGC. EPCI Bank’s petition was granted. The CA reversed the Order of the RTC and… Read More WONDER BOOK v. PHILIPPINE BANK OF COMMUNICATIONS G.R. No. 187316, July 16, 2012 Rehabilitation

Corporation Law, Mercantile Law

VALLE VERDE COUNTRY CLUB v. AFRICA G.R. No. 151969 September 4, 2009 Hold-Over Doctrine, Vacancies in the Board

FACTS:  Dinglasan and  Makalintal were among the elected members of the Board of Directors of petitioner Valle Verde Country Club, Inc. (VVCC).  In the years 1997, 1998, 1999, 2000, and 2001, however, the requisite quorum for the holding of the stockholders’ meeting could not be obtained. Consequently, the elected directors continued to serve in the… Read More VALLE VERDE COUNTRY CLUB v. AFRICA G.R. No. 151969 September 4, 2009 Hold-Over Doctrine, Vacancies in the Board

Corporation Law, Mercantile Law

GLOBAL BUSINESS HOLDINGS v. SURECOMP SOFTWARE GR No. 173463, Oct 13, 2010 Foreign Non-Resident Corporations, Capacity to Sue, Doctrine of Estoppel, Merger

FACTS: Respondent Surecomp, a foreign corporation duly organized and existing under the laws of the Netherlands, entered into a software license agreement with Asian Bank Corporation (ABC), a domestic corporation, for the use of its IMEX Software System in the bank’s computer system for a period of twenty (20) years. In July 2000, ABC merged… Read More GLOBAL BUSINESS HOLDINGS v. SURECOMP SOFTWARE GR No. 173463, Oct 13, 2010 Foreign Non-Resident Corporations, Capacity to Sue, Doctrine of Estoppel, Merger

Taxation

CIR v. CE LUZON GEOTHERMAL POWER COMPANY G.R. No. 190198 September 17, 2014 J. PERLAS-BERNABE Value Added Tax, Tax Remedies

FACTS: CE Luzon is one of the generating companies recognized by the Department of Energy – and pursuant to RA 9136 – it treated the delivery and supply of electric energy to the Philippine National Oil Company-Energy Development Corporation (PNOC-EDC) as VAT zero-rated CE Luzon timely filed its VAT return for the third and fourth… Read More CIR v. CE LUZON GEOTHERMAL POWER COMPANY G.R. No. 190198 September 17, 2014 J. PERLAS-BERNABE Value Added Tax, Tax Remedies

Mercantile Law

BIR v.LEPANTO CERAMICS G.R. No. 224764 April 24, 2017 J. Perlas-Bernabe Financial Rehabilitation and Insolvency Act (FRIA) of 2010

FACTS: Due to the financial difficulties, Lepanto Ceramics, Inc. (LCI) filed a petition for corporate rehabilitation pursuant the FRIA. LCI alleged its inability to pay its obligations as they become due and that its total liabilities far exceed its total assets. The Rehabilitation Court, issued a Commencement Order, which, inter alia: (a) declared LCI to… Read More BIR v.LEPANTO CERAMICS G.R. No. 224764 April 24, 2017 J. Perlas-Bernabe Financial Rehabilitation and Insolvency Act (FRIA) of 2010

Remedial Law

LEE v. P/SUPT. NERI A. ILAGAN G.R. No. 203254, October 08, 2014 J. PERLAS-BERNABE Writ of Habeas Data Rule

FACTS: In his Petition for Issuance of the Writ of Habeas Data, Ilagan alleged that he and petitioner Dr. Joy Margate Lee were former common law partners. Sometime in July 2011, he visited Lee at the latter’s condominium, Ilagan noticed that his digital camera was missing. Lee confronted Ilagan at the latter’s office regarding a… Read More LEE v. P/SUPT. NERI A. ILAGAN G.R. No. 203254, October 08, 2014 J. PERLAS-BERNABE Writ of Habeas Data Rule

Mercantile Law

UBAS v. CHAN G.R. No. 215910, February 06, 2017 J. PERLAS-BERNABE Complete but Undelivered Negotiable Instrument

FACTS: Petitioner filed a Complaint against respondent, alleging that respondent, “doing business under the name and style of UNIMASTER,” was indebted to him in the amount of P1,500,000.00, representing the price of construction materials allegedly purchased by respondent from him for the construction of the Macagtas Dam project. He averred that respondent had issued three… Read More UBAS v. CHAN G.R. No. 215910, February 06, 2017 J. PERLAS-BERNABE Complete but Undelivered Negotiable Instrument

Mercantile Law

G.V. FLORIDA TRANSPORT, INC. v. HEIRS OF BATTUNG G.R. No. 208802, October 14, 2015 J. PERLAS-BERNABE Common Carriers, Death or Injuries to Passengers

FACTS: Romeo L. Battung, Jr. boarded petitioner’s bus in Delfin Albano, Isabela, bound for Manila. Battung was seated at the first row behind the driver and slept during the ride. When the bus reached the Philippine Carabao Center in Muñoz, Nueva Ecija, the bus driver, Duplio, stopped the bus and alighted to check the tires.… Read More G.V. FLORIDA TRANSPORT, INC. v. HEIRS OF BATTUNG G.R. No. 208802, October 14, 2015 J. PERLAS-BERNABE Common Carriers, Death or Injuries to Passengers

Civil Law, Insurance, Mercantile Law

GAISANO v. DEVELOPMENT INSURANCE GR No. 190702, Feb 27, 2017 Payment of Premium in Insurance Policies, Unjust Enrichment

FACTS: Respondent issued a comprehensive commercial vehicle policy to petitioner over the  1992 Mitsubishi Montero (vehicle) owned by petitioner for a period of one year commencing on September 27, 1996. Petitioner’s company, Noah’s Ark, issued a Far East Bank check dated September 27, 1996 payable to Trans-Pacific on the same day. The check represents payment… Read More GAISANO v. DEVELOPMENT INSURANCE GR No. 190702, Feb 27, 2017 Payment of Premium in Insurance Policies, Unjust Enrichment