Banking, Mercantile Law

PNB v. Santos G.R. No. 208293 December 10, 2014 Standard of Diligence Required of Banks, Fiduciary Nature of Banking [J. Leonen]

FACTS: Respondents discovered that their deceased father Angel C. Santos, maintained a premium savings account amounting to 1,759,082.63, and a time deposit account of 1,000,000.00 with PNB Sta. Elena-Marikina City Branch. Lina B. Aguilar, the Branch Manager thereof, required them to submit the: (1) original or certified true copy of the Death Certificate of Angel… Read More PNB v. Santos G.R. No. 208293 December 10, 2014 Standard of Diligence Required of Banks, Fiduciary Nature of Banking [J. Leonen]

Banking, Mercantile Law

Marquez v. Disierto G.R. No. 135882 June 27, 2001 Secrecy of Bank Deposits Law (R. A. No. 1405), The Ombudsman Act

FACTS: Petitioner Marquez received an Order from the Ombudsman Aniano A. Desierto, to produce several bank documents for purposes of inspection in camera relative to various accounts maintained at Union Bank, Julia Vargas Branch, where petitioner is the branch manager. The accounts to be inspected are those involved in a case pending with the Ombudsman… Read More Marquez v. Disierto G.R. No. 135882 June 27, 2001 Secrecy of Bank Deposits Law (R. A. No. 1405), The Ombudsman Act

Banking, Mercantile Law

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

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

Banking, Mercantile Law

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

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

Banking, Mercantile Law

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

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

Banking, Mercantile Law

Samsung Construction v. Far East Bank and Trust Company (FEBTC) and CA, G.R. No. 129015 Banking, Negotiable Instruments Law

FACTS: A certain Roberto Gonzaga presented for payment FEBTC Check No. 432100 to the bank’s branch in Bel-Air, Makati. The check, payable to cash and drawn against Samsung Construction’s current account, was in the amount of P999,500.00. The bank teller, Cleofe Justiani, checked the balance of the account. After ascertaining there were enough funds, and… Read More Samsung Construction v. Far East Bank and Trust Company (FEBTC) and CA, G.R. No. 129015 Banking, Negotiable Instruments Law

Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law

Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

What does doing business in the Philippines under the Foreign Investment Act of 1991 mean? (5%) SUGGESTED ANSWER The phrase “doing business in the Philippines“ under the Foreign Investments Act of 1991 include soliciting orders; service contracts; opening offices, whether called liaison offices or branches; appointing representatives or distributors domiciled in the Philippines or who… Read More Bar Exam 2016 Suggested Answers in Mercantile Law by the UP Law Complex

Banking, Mercantile Law

TIBAJIA v. CA G.R. No. 100290 June 4, 1993 Legal Tender, Cashier’s Check

  FACTS: A suit for collection of a sum of money filed by Eden Tan against petitioners, Tibajia spouses. A writ of attachment was issued, and the Deputy Sheriff filed a return stating that a deposit made by the Tibajia spouses in the RTC of Kalookan City in the amount of P442,750.00 in another case,… Read More TIBAJIA v. CA G.R. No. 100290 June 4, 1993 Legal Tender, Cashier’s Check

Banking, Bar Q & A, Corporation Law, Insurance, Mercantile Law

2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex

  I. (A) Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook and the finder was able to forge her signature and encash the forged check. Will Nadine be able to recover the amount debited from her checking account from Fair & Square Bank? Justify your answer. (3%)… Read More 2015 Bar Exam Suggested Answers in Mercantile Law by the UP Law Complex

Banking, Mercantile Law

Soriano v. People G.R. No. 162336 February 1, 2010 Banking Law, DOSRI

FACTS: The Office of Special Investigation (OSI) of the BSP transmitted a letter  to  the  DOJ, which was attached  with five affidavits, which would allegedly serve as bases for filing criminal charges for Estafa thru Falsification of Commercial Documents, in relation to PD No. 1689, and for Violation of Section 83 of RA 337, as… Read More Soriano v. People G.R. No. 162336 February 1, 2010 Banking Law, DOSRI