Author: pinayjurist

I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Constitutional Law, Political Law —

KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

June 12, 2019

FACTS: President Benigno Aquino III signed into law RA 10367. Essentially, RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new voters, and directs that “[r]egistered voters whose biometrics have not been captured shall submit themselves for validation.” “Voters who fail to submit for validation on or before the last day… Read More KABATAAN PARTY-LIST v. COMELEC Suffrage, Biometrics Law; Constitutionality, Strict Scrutiny

— Banking, Mercantile Law —

BANK OF AMERICA NT & SA v. PHILIPPINE RACING CLUB G.R. No. 150228 July 30, 2009 Last Clear Chance Doctrine

June 12, 2019

FACTS: The President and Vice President of respondent PRCI corporation were scheduled to go out of the country in connection with the corporation’s business. In order not to disrupt operations in their absence, they pre-signed several checks relating to the corporation’s  Current Account with BA to insure continuity of plaintiff-appellee’s operations by making available cash/money… Read More BANK OF AMERICA NT & SA v. PHILIPPINE RACING CLUB G.R. No. 150228 July 30, 2009 Last Clear Chance Doctrine

— Criminal Law —

PEOPLE v. BRICERO G.R. No. 218428, November 07, 2018 R.A. No. 9165, Buy-bust Operation

June 11, 2019

FACTS: PNB/Supt. Nilo Pagtalunan, acting on a report from a confidential informant about the illegal drug activities of Bricero, formed a team for the conduct of a buy-bust operation. Prosecution witness PO1 Reyes was designated as the poseur-buyer. The team proceeded to the target area located at Ilagan Street, Brgy. Paltok, Quezon City. PO1 Reyes… Read More PEOPLE v. BRICERO G.R. No. 218428, November 07, 2018 R.A. No. 9165, Buy-bust Operation

— Mercantile Law —

SULPICIO LINES, INC., v. SESANTE G.R. No. 172682 July 27, 2016 Liabilities of Common Carriers, the Act of God Doctrine

June 11, 2019

FACTS: On September 18, 1998, the M/V Princess of the Orient, a passenger vessel owned and operated by the petitioner, sank near Fortune Island in Batangas. Of the 388 recorded passengers, 150 were lost. Napoleon Sesante, then a member of the PNP and a lawyer, was one of the passengers who survived the sinking. He… Read More SULPICIO LINES, INC., v. SESANTE G.R. No. 172682 July 27, 2016 Liabilities of Common Carriers, the Act of God Doctrine

— Mercantile Law —

MALAYAN INSURANCE v. PHILIPPINES FIRST INSURANCE CO., INC. G.R. NO. 184300 July 11, 2012 Common Carrier v. Private Carrier

June 11, 2019

FACTS: Wyeth Philippines and respondent Reputable Forwarder Services, Inc. (Reputable) had been executing a contract of carriage, whereby the latter undertook to transport and deliver the former’s products to its customers, dealers or salesmen. Wyeth procured a Marine Policy from respondent Philippines First Insurance Co., Inc. Philippines First insured Wyeth’s nutritional, pharmaceutical and other products… Read More MALAYAN INSURANCE v. PHILIPPINES FIRST INSURANCE CO., INC. G.R. NO. 184300 July 11, 2012 Common Carrier v. Private Carrier

— Insurance, Mercantile Law —

GERCIO v. SUN LIFE ASSURANCE G.R. No. 23703 September 28, 1925 Rights of a Beneficiary in an ordinary Life Insurance Policy, Insurable Interest

June 10, 2019

FACTS: On January 29, 1910, Sun Life Assurance Co. of Canada issued insurance policy No. 161481 on the life of Hilario Gercio. By its terms, the insurance company agreed to insure the life of Hilario to be paid him on February 1, 1930, or if the insured should die before said date, then to his… Read More GERCIO v. SUN LIFE ASSURANCE G.R. No. 23703 September 28, 1925 Rights of a Beneficiary in an ordinary Life Insurance Policy, Insurable Interest

— Mercantile Law —

SPS. FERNANDO v. NORTHWEST AIRLINES GR No. 212038, Feb 08, 2017 Common Carriers, Contract of Carriage

June 10, 2019

FACTS:The spouses Jesus and Elizabeth S. Fernando (Fernandos) are frequent flyers of Northwest Airlines, Inc. and are holders of Elite Platinum World Perks Card, the highest category given to frequent flyers of the carrier. On December 20, 2001, Jesus arrived at the LA Airport via Northwest Airlines Flight No. NW02 to join his family who… Read More SPS. FERNANDO v. NORTHWEST AIRLINES GR No. 212038, Feb 08, 2017 Common Carriers, Contract of Carriage

— Banking, Mercantile Law —

GO v. METROBANK G.R. No. 168842 August 11, 2010 Crossed Check

June 10, 2019

FACTS: Petitioner filed two separate cases, one was filed against Chua and Tabañag for a sum of money with preliminary attachment, and the other one was for a sum of money with damages against herein respondent Metrobank and Chua.Petitioner alleged that he was doing business under the name “Hope Pharmacy” which sells medicine and other… Read More GO v. METROBANK G.R. No. 168842 August 11, 2010 Crossed Check

— Civil Law —

REPUBLIC v. DE GRACIA GR No. 171557 Feb 12, 2014 EXPERT OPINIONS, PSYCHOLOGICAL INCAPACITY MUST STILL BE PROVEN BY INDEPENDENT EVIDENCE.

June 10, 2019

FACTS: Rodolfo met Natividad when they were high school students, and he was forced to marry her barely three months into their courtship in light of her accidental pregnancy. Rodolfo and Natividad have two children. When Rodolfo decided to join and train with the army, Natividad left their conjugal home and sold their house without… Read More REPUBLIC v. DE GRACIA GR No. 171557 Feb 12, 2014 EXPERT OPINIONS, PSYCHOLOGICAL INCAPACITY MUST STILL BE PROVEN BY INDEPENDENT EVIDENCE.

— Banking, Mercantile Law —

BPI vs. CASA MONTESSORI G.R. No. 149454 May 28, 2004 Negotiable Instruments Law, Forgery, Public Interest in Banking Business

June 10, 2019

FACTS: CASA Montessori International opened a Current Account with BPI with CASA’s President Ms. Lebron as one of its authorized signatories. In 1991, CASA discovered that 9 of its checks had been encashed by a certain Sonny D. Santos since 1990 in the total amount of ₱782,000.00 It turned out that ‘Sonny D. Santos’ with… Read More BPI vs. CASA MONTESSORI G.R. No. 149454 May 28, 2004 Negotiable Instruments Law, Forgery, Public Interest in Banking Business