Category: Mercantile Law

— Corporation Law, Mercantile Law —

LANUZA v. BF CORPORATION G.R. No. 174938 October 1, 2014 Piercing the Veil of Corporate Fiction

June 19, 2019

FACTS: BF Corporation entered into agreements with Shangri-La wherein it undertook to construct for Shangri-La a mall and a multilevel parking structure along EDSA. When Shangri-La started defaulting in payment, Shangri-La induced BF Corporation to continue with the construction of the buildings using its own funds and credit. According to BF Corporation, ShangriLa misrepresented that… Read More LANUZA v. BF CORPORATION G.R. No. 174938 October 1, 2014 Piercing the Veil of Corporate Fiction

— Corporation Law, Mercantile Law —

Legaspi Towers vs. Muer G.R. No. 170783 Derivative Suits

June 19, 2019

FACTS: Pursuant to the by-laws of Legaspi Towers 300, Inc., petitioners, incumbent Board of Directors, set the annual meeting of the members of the condominium corporation and the election of the new Board of Directors. However, petitioners adjourned the meeting for lack of quorum. The group of respondents challenged the adjournment of the meeting and… Read More Legaspi Towers vs. Muer G.R. No. 170783 Derivative Suits

— Corporation Law, Mercantile Law —

BELO MEDICAL GROUP v. JOSE SANTOS GR No. 185894, Aug 30, 2017 Intra-Corporate Controversy, “Relationship Test”, “Nature of Controversy Test”

June 19, 2019

FACTS: Belo Medical Group received a request from Jose Santos for the inspection of corporate records. Belo objected to this request and wrote Belo Medical Group to repudiate Santos co-ownership of her shares and his interest in the corporation, claiming that the 25 shares in his name were merely in trust for her, as she,… Read More BELO MEDICAL GROUP v. JOSE SANTOS GR No. 185894, Aug 30, 2017 Intra-Corporate Controversy, “Relationship Test”, “Nature of Controversy Test”

— Mercantile Law —

PATRIMONIO v. GUTIERREZ G.R. No. 187769 June 4, 2014 NIL, Incomplete but Delivered Instrument, Holder in Due Course

June 17, 2019

FACTS: Petitioner, then a professional basketball player and respondent, a well-known sports columnist, entered into a business venture under the name of Slam Dunk Corporation, a production related to basketball. In the course of their business, the petitioner pre-signed several checks to answer for the expenses of Slam Dunk. Although signed, these checks had no… Read More PATRIMONIO v. GUTIERREZ G.R. No. 187769 June 4, 2014 NIL, Incomplete but Delivered Instrument, Holder in Due Course

— Corporation Law, Mercantile Law —

HEIRS OF FE TAN UY v. INTERNATIONAL EXCHANGE BANK, G.R. No. 166282, February 13, 2013 Piercing the Veil of Corporate Fiction, Alter Ego Doctrine

June 16, 2019

FACTS: Respondent iBank, granted loans to Hammer Garments Corp., for the total amount of P24,938,898.08. The loans were secured by a P 9 Million-Peso Real Estate Mortgage executed by Goldkey over several of its properties and a P 25 Million-Peso Surety Agreement signed by Chua, President and General Manager of Hammer and his wife, Fe… Read More HEIRS OF FE TAN UY v. INTERNATIONAL EXCHANGE BANK, G.R. No. 166282, February 13, 2013 Piercing the Veil of Corporate Fiction, Alter Ego Doctrine

— Mercantile Law —

SHANG PROPERTIES REALTY CORPORATION v. ST. FRANCIS DEVELOPMENT CORPORATION G.R. No. 190706 July 21, 2014 “True Test” of Unfair Competition

June 15, 2019

FACTS: Respondent filed against petitioners before the IPO – Bureau of Legal Affairs (BLA), (a) an intellectual property violation case for unfair competition, false or fraudulent declaration, and damages arising from petitioners’ use and filing of applications for the registration of the marks “THE ST. FRANCIS TOWERS” and “THE ST. FRANCIS SHANGRI-LA PLACE,” and (b)… Read More SHANG PROPERTIES REALTY CORPORATION v. ST. FRANCIS DEVELOPMENT CORPORATION G.R. No. 190706 July 21, 2014 “True Test” of Unfair Competition

— Mercantile Law —

LOADMASTERS CUSTOMS SERVICES v. GLODEL BROKERAGE G.R. No. 179446 January 10, 2011 Extraordinary Diligence

June 15, 2019

FACTS: R&B Insurance issued a Marine Policy in favor of Columbia to insure the shipment of 132 bundles of electric copper cathodes against All Risks. Columbia engaged the services of Glodel for the release and withdrawal of the cargoes from the pier and the subsequent delivery to its warehouses/plants. Glodel, in turn, engaged the services… Read More LOADMASTERS CUSTOMS SERVICES v. GLODEL BROKERAGE G.R. No. 179446 January 10, 2011 Extraordinary Diligence

— Mercantile Law —

MAGBOO v. BERNARDO G.R. No. L-16790 April 30, 1963 Boundary System, Employer-Employee Relationship Between A Jeepney-owner And A Driver

June 15, 2019

FACTS: Sps. Magboo are the parents of Cesar Magboo, a child of 8 years old, who was killed in a motor vehicle accident, involving a passenger jeepney owned by the defendant, and driven that time by Conrado Roque. Conrado was prosecuted for homicide thru reckless imprudence and was sentenced to six months imprisonment. Appellant assails… Read More MAGBOO v. BERNARDO G.R. No. L-16790 April 30, 1963 Boundary System, Employer-Employee Relationship Between A Jeepney-owner And A Driver

— Mercantile Law —

PLANTERS PRODUCTS v. CA G.R. No. 101503 September 15, 1993 Contract of Affreightment, Charter Party, Common Carrier

June 14, 2019

FACTS: Planters Products, Inc. (PPI), purchased from Mitsubishi 9,329.7069 metric tons (M/T) of Urea 46% fertilizer which the latter shipped in bulk aboard the cargo vessel M/V “Sun Plum” owned by private respondent KKKK from Alaska, U.S.A., to La Union, Philippines. Prior to its voyage, a time charter-party on the vessel M/V “Sun Plum” was… Read More PLANTERS PRODUCTS v. CA G.R. No. 101503 September 15, 1993 Contract of Affreightment, Charter Party, Common Carrier

— 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