Author: pinayjurist

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— Civil Law, Mercantile Law —

HSBC v. CATALAN G.R. NO. 159590 October 18, 2004 G.R. NO. 159591 October 18, 2004 Abuse of Rights, Suability of the Drawee for Tortious Acts

June 5, 2019

FACTS: Catalan filed before the RTC, a complaint for sum of money with damages against petitioner praying that HSBANK and HSBC TRUSTEE be ordered to pay P20,864,000.00 representing the value of the five checks issued by Thomson to respondent. The checks when deposited were returned by HSBANK purportedly for reason of “payment stopped” pending confirmation,… Read More HSBC v. CATALAN G.R. NO. 159590 October 18, 2004 G.R. NO. 159591 October 18, 2004 Abuse of Rights, Suability of the Drawee for Tortious Acts

— Constitutional Law, Remedial Law —

PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

June 5, 2019

FACTS: This is a special civil action for certiorari which seeks to annul and set aside the Resolutions by public respondent Sandiganbayan for allegedly having been issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, and to reinstate the six Informations for Violation of… Read More PEOPLE v. SANDIGANBAYAN G.R. No. 199151-56 July 25, 2016 Rule 45 v. Rule 65, Inordinate Delay, Right to Speedy Disposition of Cases

— Mercantile Law —

PHILIPPINE NATIONAL BANK (PNB) vs. RODRIGUEZ G.R. No. 170325 September 26, 2008, Fictitious Payee Rule, Negotiable Instruments Law

June 3, 2019

FACTS: Respondents-Spouses Rodriguez maintained savings and demand/checking accounts with petitioner. In line with their informal lending business, they had a discounting arrangement with PEMSLA, an association of PNB employees, which regularly granted loans to its members. Spouses Rodriguez would rediscount the postdated checks issued to members whenever the association was short of funds, and would… Read More PHILIPPINE NATIONAL BANK (PNB) vs. RODRIGUEZ G.R. No. 170325 September 26, 2008, Fictitious Payee Rule, Negotiable Instruments Law

— Remedial Law —

BASBAS, et al.vs. SAYSON G.R. No. 172660 August 24, 2011 Judgment on the pleadings v. Summary Judgment

June 2, 2019

FACTS: Respondents spouses Sayson filed a Petition for Registration of an agricultural land located in Leyte The said application was opposed by the Republic of the Philippines and herein petitioners Eugenio Basbas et al. The CFI rendered a Decision adjudicating to the spouses Sayson said agricultural land and approving its registration under their names. The… Read More BASBAS, et al.vs. SAYSON G.R. No. 172660 August 24, 2011 Judgment on the pleadings v. Summary Judgment

— Intellectual Property Law, Mercantile Law —

KHO vs. CA G.R. No. 115758 March 19, 2002 Intellectual Property Law, Trademark, Copyright, Patent, Distinctions

June 2, 2019

FACTS: Petitioner Elidad C. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction against Summerville alleging that petitioner is the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case; that she also has patent rights on Chin Chun Su after… Read More KHO vs. CA G.R. No. 115758 March 19, 2002 Intellectual Property Law, Trademark, Copyright, Patent, Distinctions

— Corporation Law, Mercantile Law —

SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

June 1, 2019

FACTS: San Jose was elected Corporate Secretary and as a member of the Board of Directors of Philcomsat Holdings Corporation (PHC) since 1996 until he resigned and ceased to be connected with PHC in 2007. He was then replaced Angcao as the Corporage Secretary. Angcao received a letter from Ozamiz, a stockholder of PHC requesting… Read More SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

— Remedial Law —

MARTINEZ vs. MARTINEZ G.R. No. 162084 June 28, 2005 Art.151 Family Code, Katarungang Pambarangay Law

June 1, 2019

FACTS: Daniel Martinez Sr., executed a Last Will and Testament directing the subdivision of his property into three lots, namely, Lots 18-B-2-A, 18-B-2-B and 18-B-2-C, and bequeathed the three lots to each of his sons, Rodolfo, Manolo and Daniel, Jr. After the death of Daniel, Sr., Rodolfo found a deed of sale purportedly signed by… Read More MARTINEZ vs. MARTINEZ G.R. No. 162084 June 28, 2005 Art.151 Family Code, Katarungang Pambarangay Law

— Remedial Law —

BELBIS v. PEOPLE G.R. No. 181052 November 14, 2012 Dying Declaration, Res Gestae

June 1, 2019

FACTS: On December 9, 1997 at around 10:00 p.m.,  Veronica Dacir, Jose Bahillo’s live-in partner, heard him shouting and calling her name. She went to where Jose was and saw blood at his back and shorts. It was there that Jose told Veronica that he was held by Boboy while petitioner Rodolfo Belbis, Jr. stabbed… Read More BELBIS v. PEOPLE G.R. No. 181052 November 14, 2012 Dying Declaration, Res Gestae

— Mercantile Law —

GONZALES v. GJH LAND, INC. G.R. No. 202664, November 20, 2015 Inta-corporate Dispute, Jurisdiction

June 1, 2019

FACTS: Petitioners filed a Complaint for Injunction with prayer for Issuance of Status Quo Order, Temporary Restraining Orders, and Writ of Preliminary Injunction with Damages against respondents before the RTC of Muntinlupa City seeking to enjoin the sale of their shares of stock which they purportedly bought and already paid by them in full, but… Read More GONZALES v. GJH LAND, INC. G.R. No. 202664, November 20, 2015 Inta-corporate Dispute, Jurisdiction

— Remedial Law —

PEOPLE v. FRANCO G.R. No. 118607 March 4, 1997 Hearsay Evidence, Formal Offer of Evidence

May 27, 2019

FACTS: On August 9, 1991 at around 6:45 a.m., Angelo Tongko discovered the lifeless body of Aurelio Cuya, a security guard of Dunkin Donut Binondo. The branch supervisor of Dunkin Donut informed the police that the sales of the establishment, which was allegedly kept in the safety locker in the same place where the dead… Read More PEOPLE v. FRANCO G.R. No. 118607 March 4, 1997 Hearsay Evidence, Formal Offer of Evidence