Month: June 2019

— Mercantile Law —

PHILIPPINE NATIONAL BANK (PNB) vs. RODRIGUEZ G.R. No. 170325 September 26, 2008, Fictitious Payee Rule, Negotiable Instruments Law

June 3, 2019

FACTS: Respondents-Spouses Rodriguez maintained savings and demand/checking accounts with petitioner. In line with their informal lending business, they had a discounting arrangement with PEMSLA, an association of PNB employees, which regularly granted loans to its members. Spouses Rodriguez would rediscount the postdated checks issued to members whenever the association was short of funds, and would… Read More PHILIPPINE NATIONAL BANK (PNB) vs. RODRIGUEZ G.R. No. 170325 September 26, 2008, Fictitious Payee Rule, Negotiable Instruments Law

— Remedial Law —

BASBAS, et al.vs. SAYSON G.R. No. 172660 August 24, 2011 Judgment on the pleadings v. Summary Judgment

June 2, 2019

FACTS: Respondents spouses Sayson filed a Petition for Registration of an agricultural land located in Leyte The said application was opposed by the Republic of the Philippines and herein petitioners Eugenio Basbas et al. The CFI rendered a Decision adjudicating to the spouses Sayson said agricultural land and approving its registration under their names. The… Read More BASBAS, et al.vs. SAYSON G.R. No. 172660 August 24, 2011 Judgment on the pleadings v. Summary Judgment

— Intellectual Property Law, Mercantile Law —

KHO vs. CA G.R. No. 115758 March 19, 2002 Intellectual Property Law, Trademark, Copyright, Patent, Distinctions

June 2, 2019

FACTS: Petitioner Elidad C. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction against Summerville alleging that petitioner is the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case; that she also has patent rights on Chin Chun Su after… Read More KHO vs. CA G.R. No. 115758 March 19, 2002 Intellectual Property Law, Trademark, Copyright, Patent, Distinctions

— Corporation Law, Mercantile Law —

SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

June 1, 2019

FACTS: San Jose was elected Corporate Secretary and as a member of the Board of Directors of Philcomsat Holdings Corporation (PHC) since 1996 until he resigned and ceased to be connected with PHC in 2007. He was then replaced Angcao as the Corporage Secretary. Angcao received a letter from Ozamiz, a stockholder of PHC requesting… Read More SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

— Remedial Law —

MARTINEZ vs. MARTINEZ G.R. No. 162084 June 28, 2005 Art.151 Family Code, Katarungang Pambarangay Law

June 1, 2019

FACTS: Daniel Martinez Sr., executed a Last Will and Testament directing the subdivision of his property into three lots, namely, Lots 18-B-2-A, 18-B-2-B and 18-B-2-C, and bequeathed the three lots to each of his sons, Rodolfo, Manolo and Daniel, Jr. After the death of Daniel, Sr., Rodolfo found a deed of sale purportedly signed by… Read More MARTINEZ vs. MARTINEZ G.R. No. 162084 June 28, 2005 Art.151 Family Code, Katarungang Pambarangay Law

— Remedial Law —

BELBIS v. PEOPLE G.R. No. 181052 November 14, 2012 Dying Declaration, Res Gestae

June 1, 2019

FACTS: On December 9, 1997 at around 10:00 p.m.,  Veronica Dacir, Jose Bahillo’s live-in partner, heard him shouting and calling her name. She went to where Jose was and saw blood at his back and shorts. It was there that Jose told Veronica that he was held by Boboy while petitioner Rodolfo Belbis, Jr. stabbed… Read More BELBIS v. PEOPLE G.R. No. 181052 November 14, 2012 Dying Declaration, Res Gestae

— Mercantile Law —

GONZALES v. GJH LAND, INC. G.R. No. 202664, November 20, 2015 Inta-corporate Dispute, Jurisdiction

June 1, 2019

FACTS: Petitioners filed a Complaint for Injunction with prayer for Issuance of Status Quo Order, Temporary Restraining Orders, and Writ of Preliminary Injunction with Damages against respondents before the RTC of Muntinlupa City seeking to enjoin the sale of their shares of stock which they purportedly bought and already paid by them in full, but… Read More GONZALES v. GJH LAND, INC. G.R. No. 202664, November 20, 2015 Inta-corporate Dispute, Jurisdiction