Author: pinayjurist

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— Mercantile Law —

PATRIMONIO v. GUTIERREZ G.R. No. 187769 June 4, 2014 NIL, Incomplete but Delivered Instrument, Holder in Due Course

June 17, 2019

FACTS: Petitioner, then a professional basketball player and respondent, a well-known sports columnist, entered into a business venture under the name of Slam Dunk Corporation, a production related to basketball. In the course of their business, the petitioner pre-signed several checks to answer for the expenses of Slam Dunk. Although signed, these checks had no… Read More PATRIMONIO v. GUTIERREZ G.R. No. 187769 June 4, 2014 NIL, Incomplete but Delivered Instrument, Holder in Due Course

— Remedial Law —

FERNANDEZ v. VILLEGAS G.R. No. 200191, August 20, 2014 J. Perlas-Bernabe Defective Verification & Certification Against Forum-Shopping

June 17, 2019

FACTS: Petitioner Lourdes and her sister Cecilia averred that they are the registered owners of the subject property on which both Lourdes and respondents previously lived under one roof. While Norma, Cecilia’s daughter-in-law, and her family were, in the meantime, allowed to use a portion thereof. Respondents erected  a house thereon over plaintiffs’ objections and,… Read More FERNANDEZ v. VILLEGAS G.R. No. 200191, August 20, 2014 J. Perlas-Bernabe Defective Verification & Certification Against Forum-Shopping

— Corporation Law, Mercantile Law —

HEIRS OF FE TAN UY v. INTERNATIONAL EXCHANGE BANK, G.R. No. 166282, February 13, 2013 Piercing the Veil of Corporate Fiction, Alter Ego Doctrine

June 16, 2019

FACTS: Respondent iBank, granted loans to Hammer Garments Corp., for the total amount of P24,938,898.08. The loans were secured by a P 9 Million-Peso Real Estate Mortgage executed by Goldkey over several of its properties and a P 25 Million-Peso Surety Agreement signed by Chua, President and General Manager of Hammer and his wife, Fe… Read More HEIRS OF FE TAN UY v. INTERNATIONAL EXCHANGE BANK, G.R. No. 166282, February 13, 2013 Piercing the Veil of Corporate Fiction, Alter Ego Doctrine

— Criminal Law —

PEOPLE v. DELOCIEMBRE G.R. No. 226485 June 6, 2018 Sec. 21, Article II, R.A. 9165, Chain of Custody, Acquitted

June 15, 2019

FACTS: An Information was filed, charging accused-appellants of the crime of Illegal Sale of Dangerous Drugs. The prosecution alleged that a buy-bust team was organized to conduct an entrapment operation against Bernie, alias “Axe,” who was reportedly “operating” within the area of Quezon City. The buy-bust team, together with the informant, proceeded to the target… Read More PEOPLE v. DELOCIEMBRE G.R. No. 226485 June 6, 2018 Sec. 21, Article II, R.A. 9165, Chain of Custody, Acquitted

— Remedial Law —

LOZADA v. BRACEWELL G.R. No. 179155 April 2, 2014 J. Perlas-Bernabe VENUE

June 15, 2019

FACTS: On December 10, 1976, petitioner filed an application for registration and confirmation of title over a parcel of land covered by Plan PSU-129514, which was granted on February 23, 1989 by the RTC of Makati City, acting as a land registration court. Consequently, on July 10, 1997, the LRA issued Decree No. N-217036 in… Read More LOZADA v. BRACEWELL G.R. No. 179155 April 2, 2014 J. Perlas-Bernabe VENUE

— Remedial Law —

BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

June 15, 2019

FACTS: Virgilio C. Briones filed a Complaint before the RTC Manila, for nullity of contracts, and damages against Cash Asia, alleging that he is the owner of the subject property, and that his sister informed him that his property had been foreclosed and a writ of possession had already been issued in favor of Cash… Read More BRIONES v. CA G.R. No. 204444, January 14, 2015 J. Perlas-Bernabe VENUE

— Mercantile Law —

SHANG PROPERTIES REALTY CORPORATION v. ST. FRANCIS DEVELOPMENT CORPORATION G.R. No. 190706 July 21, 2014 “True Test” of Unfair Competition

June 15, 2019

FACTS: Respondent filed against petitioners before the IPO – Bureau of Legal Affairs (BLA), (a) an intellectual property violation case for unfair competition, false or fraudulent declaration, and damages arising from petitioners’ use and filing of applications for the registration of the marks “THE ST. FRANCIS TOWERS” and “THE ST. FRANCIS SHANGRI-LA PLACE,” and (b)… Read More SHANG PROPERTIES REALTY CORPORATION v. ST. FRANCIS DEVELOPMENT CORPORATION G.R. No. 190706 July 21, 2014 “True Test” of Unfair Competition

— Mercantile Law —

LOADMASTERS CUSTOMS SERVICES v. GLODEL BROKERAGE G.R. No. 179446 January 10, 2011 Extraordinary Diligence

June 15, 2019

FACTS: R&B Insurance issued a Marine Policy in favor of Columbia to insure the shipment of 132 bundles of electric copper cathodes against All Risks. Columbia engaged the services of Glodel for the release and withdrawal of the cargoes from the pier and the subsequent delivery to its warehouses/plants. Glodel, in turn, engaged the services… Read More LOADMASTERS CUSTOMS SERVICES v. GLODEL BROKERAGE G.R. No. 179446 January 10, 2011 Extraordinary Diligence

— Mercantile Law —

MAGBOO v. BERNARDO G.R. No. L-16790 April 30, 1963 Boundary System, Employer-Employee Relationship Between A Jeepney-owner And A Driver

June 15, 2019

FACTS: Sps. Magboo are the parents of Cesar Magboo, a child of 8 years old, who was killed in a motor vehicle accident, involving a passenger jeepney owned by the defendant, and driven that time by Conrado Roque. Conrado was prosecuted for homicide thru reckless imprudence and was sentenced to six months imprisonment. Appellant assails… Read More MAGBOO v. BERNARDO G.R. No. L-16790 April 30, 1963 Boundary System, Employer-Employee Relationship Between A Jeepney-owner And A Driver

— Mercantile Law —

PLANTERS PRODUCTS v. CA G.R. No. 101503 September 15, 1993 Contract of Affreightment, Charter Party, Common Carrier

June 14, 2019

FACTS: Planters Products, Inc. (PPI), purchased from Mitsubishi 9,329.7069 metric tons (M/T) of Urea 46% fertilizer which the latter shipped in bulk aboard the cargo vessel M/V “Sun Plum” owned by private respondent KKKK from Alaska, U.S.A., to La Union, Philippines. Prior to its voyage, a time charter-party on the vessel M/V “Sun Plum” was… Read More PLANTERS PRODUCTS v. CA G.R. No. 101503 September 15, 1993 Contract of Affreightment, Charter Party, Common Carrier