Category: Mercantile Law

— Mercantile Law, Remedial Law —

NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

May 11, 2023

FACTS: Petitioner is the defendant in a complaint for collection of a sum of money filed by the private respondent Ricardo Tong. On July 19, 1974, a compromise judgment was rendered by the respondent Judge Alberto Seneris in accordance with an amicable settlement entered into by the parties. For failure of the petitioner to comply… Read More NEW PACIFIC TIMBER & SUPPLY COMPANY, INC. v. Seneris G.R. No. L-41764 December 19, 1980 Nature of a Cashier’s Check, Grave Abuse of Discretion

— Corporation Law, Mercantile Law —

Republic Planters Bank v. Judge Agana, Robes-Francisco Realty & Development Corp., et al. G.R. No. 51765 March 3, 1997 Corporation Code, Declaration of Dividends, Preferred Shares, Redeemable Shares

December 27, 2022

FACTS: On September 18, 1961, private respondent Corporation secured a loan from petitioner in the amount of P120,000.00. As part of the proceeds of the loan, preferred shares of stocks were issued to private respondent Corporation, through its officers then, herein private respondents Adalia F. Robes and Carlos F. Robes. In other words, instead of… Read More Republic Planters Bank v. Judge Agana, Robes-Francisco Realty & Development Corp., et al. G.R. No. 51765 March 3, 1997 Corporation Code, Declaration of Dividends, Preferred Shares, Redeemable Shares

— Insurance, Mercantile Law, Taxation —

PHILIPPINE HEALTH CARE PROVIDERS, INC. v. CIR G.R. No. 167330, September 18, 2009 Insurance Business, Documentary Stamp Tax, “Power to Destroy”

December 22, 2022

FACTS: Petitioner is a domestic corporation whose primary purpose is “to establish, maintain, conduct and operate a prepaid group practice health care delivery system or a health maintenance organization to take care of the sick and disabled persons enrolled in the health care plan and to provide for the administrative, legal, and financial responsibilities of… Read More PHILIPPINE HEALTH CARE PROVIDERS, INC. v. CIR G.R. No. 167330, September 18, 2009 Insurance Business, Documentary Stamp Tax, “Power to Destroy”

— Mercantile Law, Remedial Law —

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

September 7, 2021

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

March 30, 2021

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

February 22, 2021

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

January 21, 2021

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

October 3, 2020

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

August 18, 2020

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