Author: pinayjurist

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— Mercantile Law —

FEBTC FAR EAST BANK & TRUST COMPANY v. GOLD PALACE JEWELLERY CO.,G.R. NO. 168274 August 20, 2008 Negotiable Instruments Law, Alteration

June 9, 2019

FACTS: A foreigner purchased from the respondent Gold Palace several pieces of jewelry, and in payment thereof, he offered Foreign Draft No. M-069670 issued by the United Overseas Bank (Malaysia), addressed to the Land Bank of the Philippines (LBP), and payable to the respondent company for P380,000.00. Yang the assistant general manager of Gold Palace,… Read More FEBTC FAR EAST BANK & TRUST COMPANY v. GOLD PALACE JEWELLERY CO.,G.R. NO. 168274 August 20, 2008 Negotiable Instruments Law, Alteration

— Civil Law —

DEL ROSARIO v. DEL ROSARIO GR No. 222541, Feb 15, 2017 Psychological Incapacity, Expert Opinion, The Molina Guidelines

June 8, 2019

FACTS: Rachel and Jose became romantically involved very soon after they met. They eventually got married, and were blessed with a son. In 1998, Rachel went back to Hongkong to work as domestic helper/caregiver and has been working there ever since, only returning to the Philippines every year for a vacation. Through her efforts, she… Read More DEL ROSARIO v. DEL ROSARIO GR No. 222541, Feb 15, 2017 Psychological Incapacity, Expert Opinion, The Molina Guidelines

— Mercantile Law —

METROPOL vs. SAMBOK G.R. No. L-39641 February 28, 1983 Negotiable Instruments Law, Qualified v. General Indorser, Meaning of “Sans Recourse”

June 8, 2019

FACTS: Dr. Javier Villaruel executed a promissory note in favor of Ng Sambok Sons Motors Co., Ltd., payable in installments. It is further provided that in case on non-payment of any of the installments, the total principal sum then remaining unpaid shall become due and payable with additional interest. Sambok Motors Company, a sister company… Read More METROPOL vs. SAMBOK G.R. No. L-39641 February 28, 1983 Negotiable Instruments Law, Qualified v. General Indorser, Meaning of “Sans Recourse”

— Mercantile Law —

HSBC v. CIR G.R. No. 166018 June 4, 2014 Negotiable Instruments, Bill of Exchange, Electronic Messages

June 8, 2019

FACTS: HSBC’s investor-clients maintain Philippine peso and/or foreign currency accounts, which are managed by HSBC through instructions given through electronic messages. The said instructions are standard forms known in the banking industry as SWIFT, or “Society for Worldwide Interbank Financial Telecommunication.” In purchasing shares of stock and other investment in securities, the investor-clients would send… Read More HSBC v. CIR G.R. No. 166018 June 4, 2014 Negotiable Instruments, Bill of Exchange, Electronic Messages

— Remedial Law —

BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE v. CABATO-CORTES GR No. 165922, Feb 26, 2010 627 Phil. 543 Legal Fees, Cooperative Code of the Philippines

June 8, 2019

FACTS: Petitioner Baguio Market Vendors Multi-Purpose Cooperative is a credit cooperative organized under RA 6938, or the Cooperative Code of the Philippines. Article 62(6) of RA 6938 exempts cooperatives: from the payment of all court and sheriff’s fees payable to the Philippine Government for and in connection with all actions brought under this Code, or… Read More BAGUIO MARKET VENDORS MULTI-PURPOSE COOPERATIVE v. CABATO-CORTES GR No. 165922, Feb 26, 2010 627 Phil. 543 Legal Fees, Cooperative Code of the Philippines

— Remedial Law —

SPS. BELEN v. CHAVEZ G.R. NO. 175334 March 26, 2008 Service of Summons, Jurisdiction over the person of the parties

June 7, 2019

FACTS: The instant petition originated from the action for the enforcement of a foreign judgment against petitioners spouses Belen, filed by private respondent spouses Pacleb. Private respondents secured a judgment by default with the Superior Court of the State of California. The judgment ordered petitioners to pay private respondents the amount of $56,204.69 representing loan… Read More SPS. BELEN v. CHAVEZ G.R. NO. 175334 March 26, 2008 Service of Summons, Jurisdiction over the person of the parties

— Remedial Law —

CHING v. CA G.R. No. L-59731 January 11, 1990 Action in Rem v. Action in Personam, Jurisdiction

June 6, 2019

FACTS: Spouses Maximo Nofuente and Dominga Lumandan are owners of a parcel of land. 5/6 portion of the property was reconveyed by said spouses to Francisco, Regina, Perfects, Constancio and Matilde all surnamed Nofuente and TCT No. 78633 was issued accordingly. By virtue of a sale to Ching Leng TCT No. 91137 was issued and… Read More CHING v. CA G.R. No. L-59731 January 11, 1990 Action in Rem v. Action in Personam, Jurisdiction

— Mercantile Law —

PNB v. CA G.R. No. 107508 April 25, 1996 Negotiable Instruments Law, Alteration; Examples of Material and Immaterial Alterations

June 6, 2019

FACTS: A check in the amount of P97,650.00 was issued by the Ministry of Education and Culture payable to F. Abante Marketing, drawn against petitioner PNB. F. Abante Marketing, deposited the check in its savings account with Capitol Bank. In turn, Capitol deposited the same in its account with PBCom which, in turn, sent the… Read More PNB v. CA G.R. No. 107508 April 25, 1996 Negotiable Instruments Law, Alteration; Examples of Material and Immaterial Alterations

— Mercantile Law —

CRISOLOGO v. CA G.R. No. 80599 September 15, 1989 Accommodation Party, Negotiable Instruments Law

June 6, 2019

FACTS: Ricardo S. Santos, Jr. was the vice-president of Mover Enterprises, Inc., and the president was Atty. Oscar Z. Benares. Atty. Benares, in accommodation of his clients, the spouses Ong, issued a Check payable to Ernestina Crisologo-Jose. Since the check was under the account of Mover Enterprises, Inc., the same was to be signed by… Read More CRISOLOGO v. CA G.R. No. 80599 September 15, 1989 Accommodation Party, Negotiable Instruments Law

— Remedial Law —

MARCOS-ARANETA v. CA G.R. NO. 154096 August 22, 2008 Substantial Compliance with the rule on Verification and Certification of Non-forum Shopping, Verification not Jurisdictional; May be Corrected, Commonality of Interest

June 6, 2019

FACTS: Irene Marcos-Araneta instituted two complaints for conveyance of shares against the Benedicto Group with prayer for the issuance of a TRO for the latter’s refusal to reconvey 65% stockholdings of FEMII and UEC pursuant to their alleged obligation to hold those shares and their fruits in trust and for the benefit of Irene to… Read More MARCOS-ARANETA v. CA G.R. NO. 154096 August 22, 2008 Substantial Compliance with the rule on Verification and Certification of Non-forum Shopping, Verification not Jurisdictional; May be Corrected, Commonality of Interest