Mercantile Law, Remedial Law

BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

FACTS: An Information was filed before the RTC of Pasig City against Antonio Choa, then president and general manager of Camden Industries, Inc. for violation of P.D. No. 115, or the Trust Receipts Law. BDO alleged that Choa misappropriated, misapplied and converted to his own personal use and benefit the said goods and/or the proceeds… Read More BDO Unibank v. Choa G.R. No. 237553, July 10, 2019 J. Leonen, Demurrer to Evidence, Trust Receipts Law

Corporation Law, Mercantile Law, Remedial Law

Pascual and Santos Inc. v. Tramo Wakas Neighborhood Association G.R. No. 144880, November 17, 2004 Powers of a Corporation, Certificate of Non-Forum Shopping

FACTS: The Members of Tramo Wakas Neighborhood Association (respondents), filed a petition before the Presidential Action Center, alleging that petitioner, Pascual and Santos, Inc., claims ownership of the subject lots which they have openly, peacefully and continuously occupied since 1957. The petition was referred to the Land Management Bureau (LMB), for investigation and hearing. The… Read More Pascual and Santos Inc. v. Tramo Wakas Neighborhood Association G.R. No. 144880, November 17, 2004 Powers of a Corporation, Certificate of Non-Forum Shopping

Bar Q & A, Intellectual Property Law, Mercantile Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW

COMMERCIAL LAW  I. Yeti Export Corporation (YEC), through its President, negotiated for Yahoo Bank of Manila (YBM) to issue a letter of credit to course the importation of electronic parts from China to be sold and distributed to various electronic manufacturing companies in Manila. YBM issued the letter of credit and forwarded it to its… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN COMMERCIAL LAW

Corporation Law, Mercantile Law

ANDAYA v. RURAL BANK OF CABADBARAN G.R. No. 188769 August 3, 2016 Transfer of Shares of Stock, Corporation Code, Mandamus

FACTS: Joseph Omar O. Andaya bought from Chute 2,200 shares of stock in the Rural Bank of Cabadbaran.    The transaction was evidenced by a notarized document denominated as Sale of Shares of Stocks. Chute duly endorsed and delivered the certificates of stock to Andaya and, subsequently, requested the bank to register the transfer and… Read More ANDAYA v. RURAL BANK OF CABADBARAN G.R. No. 188769 August 3, 2016 Transfer of Shares of Stock, Corporation Code, Mandamus

Corporation Law, Remedial Law

Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping

FACTS: Respondent Kemper Insurance Company, a foreign insurance company not doing business in the Philippines, except in isolated transactions, insured the shipment of imported frozen boneless beef, which was loaded at a port in Brisbane, Australia, for shipment to Genosi, Inc. in the Philippines.   However, upon arrival at the Manila port, a portion of the… Read More Cosco Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, April 23, 2012 Verification and Certification Against Forum Shopping

Corporation Law, Mercantile Law

Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule

FACTS: Redmont, a domestic corporation, took interest in mining and exploring certain areas of the province of Palawan. However, the areas where it wanted to undertake exploration and mining activities were already covered by Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra, Tesoro and McArthur. Redmont filed with the DENR three (3) separate petitions… Read More Narra Nickel Mining v. Redmont Consolidated Mines Corp., G.R. No. 195580, April 21, 2014 The Grandfather Rule

Mercantile Law

Transfield Philippines, Inc. v. Luzon Hydro Corporation, G.R. No. 146717, Nov. 22, 2004 “Independence Principle” and “Fraud Exception Rule” in Letters of Credit

FACTS: Petitioner and respondent LHC entered into a Turnkey Contract whereby petitioner, was given the sole responsibility for the design, construction, commissioning, testing and completion of the a seventy (70)-Megawatt hydro-electric power station Project. To secure performance of petitioner’s obligation on or before the target completion date, petitioner opened in favor of LHC two (2)… Read More Transfield Philippines, Inc. v. Luzon Hydro Corporation, G.R. No. 146717, Nov. 22, 2004 “Independence Principle” and “Fraud Exception Rule” in Letters of Credit

Mercantile Law

BANK OF COMMERCE v. TERESITA S. SERRANO G.R. NO. 151895 February 16, 2005 Letter of Credit vs. Trust Receipt

FACTS: Via Moda International, represented by respondent Serrano, as its General Manager and Treasurer, obtained an export packing loan from petitioner BOC, secured by a Deed of Assignment over Irrevocable Transferable Letter of Credit.  BOC issued to Via Moda an irrevocable Letter of Credit for the purchase and importation of fabric and textile products from… Read More BANK OF COMMERCE v. TERESITA S. SERRANO G.R. NO. 151895 February 16, 2005 Letter of Credit vs. Trust Receipt

Mercantile Law

RELIANCE COMMODITIES, INC. v. DAEWOO INDUSTRIAL CO., LTD. Letter of Credit as a Mode of Payment

FACTS: On 9 January 1980, petitioner Reliance, as buyer, and respondent Daewoo, as seller, entered into a contract of sale of 2,000 metric tons of foundry pig iron. Upon arrival in Manila, the subject cargo was found to be short of 135.655 metric tons. Only 1,864.345 metric tons were discharged and delivered to Reliance. On… Read More RELIANCE COMMODITIES, INC. v. DAEWOO INDUSTRIAL CO., LTD. Letter of Credit as a Mode of Payment