Author: pinayjurist

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— Mercantile Law —

CEMCO HOLDINGS, INC. v. NLIC NATIONAL LIFE INSURANCE COMPANY G.R. No. 171815 August 7, 2007 Tender Offer Rule, Securities Regulation Code

July 4, 2019

FACTS: Union Cement Corporation (UCC), a publicly-listed company, has two principal stockholders – UCHC and petitioner Cemco. Majority of UCHC’s stocks were owned by BCI and ACC.  Cemco, on the other hand, owned 9% of UCHC stocks. BCI informed the Philippine Stock Exchange (PSE) that it and its subsidiary ACC had passed resolutions to sell… Read More CEMCO HOLDINGS, INC. v. NLIC NATIONAL LIFE INSURANCE COMPANY G.R. No. 171815 August 7, 2007 Tender Offer Rule, Securities Regulation Code

— Taxation —

CIR v. BURMEISTER GR No. 190021, Oct 22, 2014 J. PERLAS-BERNABE; VAT, Tax Remedies, Tax Credit/Refund

July 4, 2019

FACTS: Respondent Burmeister And Wain Scandinavian Contractor Mindanao, Inc., is a VAT registered corporation primarily engaged in industrial and power-generating plants and related facilities for the conversion into electricity of coal distillate, and other fuels.  Respondent subcontracted from a consortium of non-resident foreign corporations the actual operation and maintenance of two 100-megawatt power barges owned… Read More CIR v. BURMEISTER GR No. 190021, Oct 22, 2014 J. PERLAS-BERNABE; VAT, Tax Remedies, Tax Credit/Refund

— Mercantile Law —

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

June 27, 2019

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

June 27, 2019

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

June 26, 2019

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

June 26, 2019

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

June 25, 2019

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

June 24, 2019

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

June 20, 2019

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

June 20, 2019

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