Month: June 2020

— Criminal Law, Remedial Law —

People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime

June 28, 2020

FACTS: Radel Gallarde was charged with the special complex crime of rape with homicide in an information, the accusatory portion reads as follows: That on or about the 6th day of May 1997, in the evening, amidst the field located at Brgy. Trenchera, Tayug, Pangasinan, the above-named accused, and by means of force, violence and… Read More People v. Gallarde G.R. No. 133025. February 17, 2000 Homicide, Rights of the Accused, Circumstantial Evidence, Complex Crime

— Civil Law —

BAKSH v. CA G.R. No. 97336 February 19, 1993 Article 21 of the New Civil Code, Breach of Promise to Marry

June 28, 2020

FACTS: Private respondent Marilou Gonzales  filed with the trial court a complaint for damages against petitioner Gasheem Shookat Baksh, for the alleged violation of their agreement to get married.  Gonzales is a twenty-two year old, single Filipina. Petitioner, on the other hand, is an Iranian citizen, and is an exchange student taking a medical course… Read More BAKSH v. CA G.R. No. 97336 February 19, 1993 Article 21 of the New Civil Code, Breach of Promise to Marry

— Civil Law —

LORIA v. MUÑOZ G.R. No. 187240 October 15, 2014 J. Leonen Unjust Enrichment, Art. 22.

June 27, 2020

FACTS:  Carlos A. Loria invited Ludolfo P. Muñoz, Jr. to advance ₱2,000,000.00 for a subcontract of a ₱50,000,000.00 river-dredging project in Guinobatan. Loria represented that he would make arrangements such that Sunwest Construction and Development Corporation would turn out to be the lowest bidder for the project.  After the award to Sunwest, Sunwest would subcontract… Read More LORIA v. MUÑOZ G.R. No. 187240 October 15, 2014 J. Leonen Unjust Enrichment, Art. 22.

— Civil Law —

SPS. CARBONELL v. METROPOLITAN BANK G.R. No. 178467 April 26, 2017 Damnum Absque Injuria, General Banking Act, Damages

June 27, 2020

FACTS: Petitioners filed an action for damages against the respondent, alleging that they had experienced emotional shock, mental anguish, public ridicule, humiliation, insults and embarrassment during their trip to Thailand because of the respondent’s release to them of five US$ 100 bills that later on turned out to be counterfeit. They claimed that they withdrew… Read More SPS. CARBONELL v. METROPOLITAN BANK G.R. No. 178467 April 26, 2017 Damnum Absque Injuria, General Banking Act, Damages

— Civil Law —

PNB v. NEPOMUCENO PRODUCTIONS, INC. G.R. No. 139479. December 27, 2002 Act No. 3135, Extrajudicial Foreclosure of Mortgages on Real Property, Requisites of a Valid Waiver

June 25, 2020

FACTS: Petitioner PNB granted respondents a 4 Million Pesos (P4,000,000.00) credit line to finance the filming of the movie “Pacific Connection.” The loan was secured by mortgages on respondents’ real and personal properties, to wit: (1) a parcel of land located in Malugay Street, Makati; (2) a parcel of land in Forbes Park, Makati;  and… Read More PNB v. NEPOMUCENO PRODUCTIONS, INC. G.R. No. 139479. December 27, 2002 Act No. 3135, Extrajudicial Foreclosure of Mortgages on Real Property, Requisites of a Valid Waiver

— Mercantile Law —

Transfield Philippines, Inc. v. Luzon Hydro Corporation, G.R. No. 146717, Nov. 22, 2004 “Independence Principle” and “Fraud Exception Rule” in Letters of Credit

June 24, 2020

FACTS: Petitioner and respondent LHC entered into a Turnkey Contract whereby petitioner, was given the sole responsibility for the design, construction, commissioning, testing and completion of the a seventy (70)-Megawatt hydro-electric power station Project. To secure performance of petitioner’s obligation on or before the target completion date, petitioner opened in favor of LHC two (2)… Read More Transfield Philippines, Inc. v. Luzon Hydro Corporation, G.R. No. 146717, Nov. 22, 2004 “Independence Principle” and “Fraud Exception Rule” in Letters of Credit

— Mercantile Law —

BANK OF COMMERCE v. TERESITA S. SERRANO G.R. NO. 151895 February 16, 2005 Letter of Credit vs. Trust Receipt

June 23, 2020

FACTS: Via Moda International, represented by respondent Serrano, as its General Manager and Treasurer, obtained an export packing loan from petitioner BOC, secured by a Deed of Assignment over Irrevocable Transferable Letter of Credit.  BOC issued to Via Moda an irrevocable Letter of Credit for the purchase and importation of fabric and textile products from… Read More BANK OF COMMERCE v. TERESITA S. SERRANO G.R. NO. 151895 February 16, 2005 Letter of Credit vs. Trust Receipt

— Mercantile Law —

RELIANCE COMMODITIES, INC. v. DAEWOO INDUSTRIAL CO., LTD. Letter of Credit as a Mode of Payment

June 17, 2020

FACTS: On 9 January 1980, petitioner Reliance, as buyer, and respondent Daewoo, as seller, entered into a contract of sale of 2,000 metric tons of foundry pig iron. Upon arrival in Manila, the subject cargo was found to be short of 135.655 metric tons. Only 1,864.345 metric tons were discharged and delivered to Reliance. On… Read More RELIANCE COMMODITIES, INC. v. DAEWOO INDUSTRIAL CO., LTD. Letter of Credit as a Mode of Payment