Civil Law

Poole- Blunden v. UnionBank, G.R. No. 205838 Nov. 29, 2017 J. Leonen Contracts, Fraud, Dolo Causante v. Dolo Incidente, Rescission of Contracts

FACTS: Petitioner Joseph Harry Walter Poole-Blunden came across an advertisement placed by Union Bank in the Manila Bulletin. The ad was for the public auction of a condominium unit, identified as Unit 2-C of T-Tower Condominium (the “Unit”), located at 5040 P. Burgos corner Calderon Streets, Makati City, with an area of 95 square meters. … Read More Poole- Blunden v. UnionBank, G.R. No. 205838 Nov. 29, 2017 J. Leonen Contracts, Fraud, Dolo Causante v. Dolo Incidente, Rescission of Contracts

Bar Q & A, Intellectual Property Law, Mercantile Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW

COMMERCIAL LAW  I. Yeti Export Corporation (YEC), through its President, negotiated for Yahoo Bank of Manila (YBM) to issue a letter of credit to course the importation of electronic parts from China to be sold and distributed to various electronic manufacturing companies in Manila. YBM issued the letter of credit and forwarded it to its… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW

Remedial Law, Special Proceedings

SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

FACTS: The RTC admitted to probate the holographic will of Alice O. Sheker and thereafter issued an order for all the creditors to file their respective claims against the estate. In compliance therewith, petitioner filed a contingent claim for agent’s commission due him amounting to approximately ₱206,250.00 in the event of the sale of certain… Read More SHEKER v.. SHEKER G.R. No. 157912 December 13, 2007 Subject Matter of Special Proceedings; Applicability of General Rules

Civil Law

KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

FACTS: The Philippine Agricultural Trading Corporation shipped on board the vessel M/V PRINCE ERIC, of Butuan Shipping Lines, owned by petitioner Khe Hong Cheng, 3,400 bags of copra at Masbate, for delivery to Dipolog City, Zamboanga del Norte. The shipment was covered by a marine insurance policy issued by American Home Insurance Company. M/V PRINCE… Read More KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

Taxation

Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

FACTS: Petitioner Paseo Realty and Development Corporation, a domestic corporation engaged in the lease of two (2) parcels of land at Paseo de Roxas in Makati City, filed its Income Tax Return for the calendar year 1989 declaring a net income of ₱79,009.00, an income tax due thereon in the amount of ₱27,653.00, prior year’s… Read More Paseo Realty & Development Corporation v. CA, G.R. No. 119286 October 13, 2004 Taxation, Tax Refund, Tax Exemption

Criminal Law

Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

FACTS: Jesus Aparente was charged with violation of R.A. 9165 for having in his custody and control 0.01 gram of white crystalline substance contained in one (1) heat-sealed transparent plastic sachet, which was found positive to the test for Methamphetamine hydrochloride, also known as shabu. Aparente pleaded not guilty upon arraignment. The trial court found… Read More Aparente v. People G.R. No. 205695, September 27, 2017 J. Leonen R.A. 9165, Chain of Custody

Remedial Law

Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

FACTS: Petitioner Gliceria Sarmiento filed an ejectment case against respondent Emerita Zaratan, in the MeTC of Quezon City. The MeTC rendered a decision in favor of petitioner. Respondent filed her notice of appeal. Thereafter, the case was raffled to the RTC of Quezon City. The RTC directed respondent to submit her memorandum in accordance with… Read More Sarmiento v. Zaratan G.R. No. 167471 February 5, 2007 Relaxation of the Rules of Procedure

Civil Law

Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

FACTS: Liberty Albios filed with the RTC a petition for declaration of nullity of her marriage with Daniel Lee Fringer, an American citizen.  She alleged that immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of entering into a married state or complying with… Read More Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

Civil Law

STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

FACTS: On May 24, 1989, [respondent] Republic-Asahi entered into a contract with x x x Jose D. Santos, Jr., the proprietor of JDS Construction (JDS), for the construction of roadways and a drainage system in Republic-Asahi’s compound, which was supposed to be completed within a period of 240 days, where [respondent] was to pay x… Read More STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

Legal Ethics

IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

FACTS: Atty. Maranan filed a criminal complaint before  the Ombudsman against then Vice Mayor Francisco “Isko Moreno”  Domagoso of the City of Manila, charging him with Falsification  of Public Documents and violation of Section 3 (e) of Republic Act No. 3019  for having signed, in behalf of the Manila City Government, consultancy  contracts with persons… Read More IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules