Author: pinayjurist

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— 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

— 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

June 20, 2019

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

June 20, 2019

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

— Corporation Law, Mercantile Law —

LANUZA v. BF CORPORATION G.R. No. 174938 October 1, 2014 Piercing the Veil of Corporate Fiction

June 19, 2019

FACTS: BF Corporation entered into agreements with Shangri-La wherein it undertook to construct for Shangri-La a mall and a multilevel parking structure along EDSA. When Shangri-La started defaulting in payment, Shangri-La induced BF Corporation to continue with the construction of the buildings using its own funds and credit. According to BF Corporation, ShangriLa misrepresented that… Read More LANUZA v. BF CORPORATION G.R. No. 174938 October 1, 2014 Piercing the Veil of Corporate Fiction

— Corporation Law, Mercantile Law —

Legaspi Towers vs. Muer G.R. No. 170783 Derivative Suits

June 19, 2019

FACTS: Pursuant to the by-laws of Legaspi Towers 300, Inc., petitioners, incumbent Board of Directors, set the annual meeting of the members of the condominium corporation and the election of the new Board of Directors. However, petitioners adjourned the meeting for lack of quorum. The group of respondents challenged the adjournment of the meeting and… Read More Legaspi Towers vs. Muer G.R. No. 170783 Derivative Suits

— Remedial Law —

REPUBLIC v. TRANSUNION CORPORATION G.R. No. 191590 April 21, 2014 J. Perlas-Bernabe, Judicial Recourse, Exhaustion of Administrative Remedies

June 19, 2019

FACTS: Leticia Salamat filed an Application to Purchase Friar Lands with the CENRO of the DENR. Her application was subsequently indorsed to the Land Management Bureau (LMB) for final action. Thereafter, Salamat was informed that subject lot was already covered by a TCT in the name of Transunion. This prompted Salamat to file a Protest… Read More REPUBLIC v. TRANSUNION CORPORATION G.R. No. 191590 April 21, 2014 J. Perlas-Bernabe, Judicial Recourse, Exhaustion of Administrative Remedies

— Corporation Law, Mercantile Law —

BELO MEDICAL GROUP v. JOSE SANTOS GR No. 185894, Aug 30, 2017 Intra-Corporate Controversy, “Relationship Test”, “Nature of Controversy Test”

June 19, 2019

FACTS: Belo Medical Group received a request from Jose Santos for the inspection of corporate records. Belo objected to this request and wrote Belo Medical Group to repudiate Santos co-ownership of her shares and his interest in the corporation, claiming that the 25 shares in his name were merely in trust for her, as she,… Read More BELO MEDICAL GROUP v. JOSE SANTOS GR No. 185894, Aug 30, 2017 Intra-Corporate Controversy, “Relationship Test”, “Nature of Controversy Test”

— Constitutional Law, Political Law —

ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances

June 18, 2019

FACTS: In the September 17, 1935 election, Jose A. Angara, and respondents Pedro Ynsua, et al., were candidates for the position of Member of the National Assembly for the first district of the Province of  Tayabas. The provincial board of canvassers proclaimed  the  petitioner as member-elect of the National Assembly for the said district, for… Read More ANGARA v. THE ELECTORAL COMMISSION GR No. 45081, Jul 15, 1936 Doctrine of Separation of Powers, Judicial Review,the System of Checks and Balances

— Constitutional Law, Political Law —

DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation

June 18, 2019

FACTS: Respondents are among the eight children of the late Sps. Gacias, whose riceland and other agricultural lands were placed under the government’s Operation Land Transfer (OLT) Program, pursuant to PD 27 (Tenants Emancipation Decree, as amended). Prior to the effectivity of PD 27, Sps. Gacias executed individual deeds of sale in favor of their… Read More DAR v. BERIÑA G.R. No. 183901 July 9, 2014 J. Perlas-Bernabe Just Compensation, Expropriation

— Political Law —

SAHAR INTERNATIONAL v. WARNER LAMBERT G.R. No. 194872 June 9, 2014 J. Perlas-Bernabe Moot and Academic Case

June 17, 2019

FACTS: Warner Lambert, a foreign corporation, is the registered owner of three Philippine patents for the pharmaceutical substance Atorvastatin which reduces the amount of bad cholesterol, increases the level of good cholesterol in one’s blood. Respondent Pfizer is the exclusive licensee of Warner Lambert to import, market, distribute, and sell products covered by the subject… Read More SAHAR INTERNATIONAL v. WARNER LAMBERT G.R. No. 194872 June 9, 2014 J. Perlas-Bernabe Moot and Academic Case