Mercantile Law

SULPICIO LINES, INC., v. SESANTE G.R. No. 172682 July 27, 2016 Liabilities of Common Carriers, the Act of God Doctrine

FACTS: On September 18, 1998, the M/V Princess of the Orient, a passenger vessel owned and operated by the petitioner, sank near Fortune Island in Batangas. Of the 388 recorded passengers, 150 were lost. Napoleon Sesante, then a member of the PNP and a lawyer, was one of the passengers who survived the sinking. He… Read More SULPICIO LINES, INC., v. SESANTE G.R. No. 172682 July 27, 2016 Liabilities of Common Carriers, the Act of God Doctrine

Mercantile Law

MALAYAN INSURANCE v. PHILIPPINES FIRST INSURANCE CO., INC. G.R. NO. 184300 July 11, 2012 Common Carrier v. Private Carrier

FACTS: Wyeth Philippines and respondent Reputable Forwarder Services, Inc. (Reputable) had been executing a contract of carriage, whereby the latter undertook to transport and deliver the former’s products to its customers, dealers or salesmen. Wyeth procured a Marine Policy from respondent Philippines First Insurance Co., Inc. Philippines First insured Wyeth’s nutritional, pharmaceutical and other products… Read More MALAYAN INSURANCE v. PHILIPPINES FIRST INSURANCE CO., INC. G.R. NO. 184300 July 11, 2012 Common Carrier v. Private Carrier

Insurance, Mercantile Law

GERCIO v. SUN LIFE ASSURANCE G.R. No. 23703 September 28, 1925 Rights of a Beneficiary in an ordinary Life Insurance Policy, Insurable Interest

FACTS: On January 29, 1910, Sun Life Assurance Co. of Canada issued insurance policy No. 161481 on the life of Hilario Gercio. By its terms, the insurance company agreed to insure the life of Hilario to be paid him on February 1, 1930, or if the insured should die before said date, then to his… Read More GERCIO v. SUN LIFE ASSURANCE G.R. No. 23703 September 28, 1925 Rights of a Beneficiary in an ordinary Life Insurance Policy, Insurable Interest

Mercantile Law

SPS. FERNANDO v. NORTHWEST AIRLINES GR No. 212038, Feb 08, 2017 Common Carriers, Contract of Carriage

FACTS:The spouses Jesus and Elizabeth S. Fernando (Fernandos) are frequent flyers of Northwest Airlines, Inc. and are holders of Elite Platinum World Perks Card, the highest category given to frequent flyers of the carrier. On December 20, 2001, Jesus arrived at the LA Airport via Northwest Airlines Flight No. NW02 to join his family who… Read More SPS. FERNANDO v. NORTHWEST AIRLINES GR No. 212038, Feb 08, 2017 Common Carriers, Contract of Carriage

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

Mercantile Law

FEBTC FAR EAST BANK & TRUST COMPANY v. GOLD PALACE JEWELLERY CO.,G.R. NO. 168274 August 20, 2008 Negotiable Instruments Law, Alteration

FACTS: A foreigner purchased from the respondent Gold Palace several pieces of jewelry, and in payment thereof, he offered Foreign Draft No. M-069670 issued by the United Overseas Bank (Malaysia), addressed to the Land Bank of the Philippines (LBP), and payable to the respondent company for P380,000.00. Yang the assistant general manager of Gold Palace,… Read More FEBTC FAR EAST BANK & TRUST COMPANY v. GOLD PALACE JEWELLERY CO.,G.R. NO. 168274 August 20, 2008 Negotiable Instruments Law, Alteration

Mercantile Law

METROPOL vs. SAMBOK G.R. No. L-39641 February 28, 1983 Negotiable Instruments Law, Qualified v. General Indorser, Meaning of “Sans Recourse”

FACTS: Dr. Javier Villaruel executed a promissory note in favor of Ng Sambok Sons Motors Co., Ltd., payable in installments. It is further provided that in case on non-payment of any of the installments, the total principal sum then remaining unpaid shall become due and payable with additional interest. Sambok Motors Company, a sister company… Read More METROPOL vs. SAMBOK G.R. No. L-39641 February 28, 1983 Negotiable Instruments Law, Qualified v. General Indorser, Meaning of “Sans Recourse”

Mercantile Law

HSBC v. CIR G.R. No. 166018 June 4, 2014 Negotiable Instruments, Bill of Exchange, Electronic Messages

FACTS: HSBC’s investor-clients maintain Philippine peso and/or foreign currency accounts, which are managed by HSBC through instructions given through electronic messages. The said instructions are standard forms known in the banking industry as SWIFT, or “Society for Worldwide Interbank Financial Telecommunication.” In purchasing shares of stock and other investment in securities, the investor-clients would send… Read More HSBC v. CIR G.R. No. 166018 June 4, 2014 Negotiable Instruments, Bill of Exchange, Electronic Messages

Mercantile Law

PNB v. CA G.R. No. 107508 April 25, 1996 Negotiable Instruments Law, Alteration; Examples of Material and Immaterial Alterations

FACTS: A check in the amount of P97,650.00 was issued by the Ministry of Education and Culture payable to F. Abante Marketing, drawn against petitioner PNB. F. Abante Marketing, deposited the check in its savings account with Capitol Bank. In turn, Capitol deposited the same in its account with PBCom which, in turn, sent the… Read More PNB v. CA G.R. No. 107508 April 25, 1996 Negotiable Instruments Law, Alteration; Examples of Material and Immaterial Alterations