Mercantile Law

CRISOLOGO v. CA G.R. No. 80599 September 15, 1989 Accommodation Party, Negotiable Instruments Law

FACTS: Ricardo S. Santos, Jr. was the vice-president of Mover Enterprises, Inc., and the president was Atty. Oscar Z. Benares. Atty. Benares, in accommodation of his clients, the spouses Ong, issued a Check payable to Ernestina Crisologo-Jose. Since the check was under the account of Mover Enterprises, Inc., the same was to be signed by… Read More CRISOLOGO v. CA G.R. No. 80599 September 15, 1989 Accommodation Party, Negotiable Instruments Law

Civil Law, Mercantile Law

HSBC v. CATALAN G.R. NO. 159590 October 18, 2004 G.R. NO. 159591 October 18, 2004 Abuse of Rights, Suability of the Drawee for Tortious Acts

FACTS: Catalan filed before the RTC, a complaint for sum of money with damages against petitioner praying that HSBANK and HSBC TRUSTEE be ordered to pay P20,864,000.00 representing the value of the five checks issued by Thomson to respondent. The checks when deposited were returned by HSBANK purportedly for reason of “payment stopped” pending confirmation,… Read More HSBC v. CATALAN G.R. NO. 159590 October 18, 2004 G.R. NO. 159591 October 18, 2004 Abuse of Rights, Suability of the Drawee for Tortious Acts

Mercantile Law

PHILIPPINE NATIONAL BANK (PNB) vs. RODRIGUEZ G.R. No. 170325 September 26, 2008, Fictitious Payee Rule, Negotiable Instruments Law

FACTS: Respondents-Spouses Rodriguez maintained savings and demand/checking accounts with petitioner. In line with their informal lending business, they had a discounting arrangement with PEMSLA, an association of PNB employees, which regularly granted loans to its members. Spouses Rodriguez would rediscount the postdated checks issued to members whenever the association was short of funds, and would… Read More PHILIPPINE NATIONAL BANK (PNB) vs. RODRIGUEZ G.R. No. 170325 September 26, 2008, Fictitious Payee Rule, Negotiable Instruments Law

Intellectual Property Law, Mercantile Law

KHO vs. CA G.R. No. 115758 March 19, 2002 Intellectual Property Law, Trademark, Copyright, Patent, Distinctions

FACTS: Petitioner Elidad C. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction against Summerville alleging that petitioner is the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case; that she also has patent rights on Chin Chun Su after… Read More KHO vs. CA G.R. No. 115758 March 19, 2002 Intellectual Property Law, Trademark, Copyright, Patent, Distinctions

Corporation Law, Mercantile Law

SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

FACTS: San Jose was elected Corporate Secretary and as a member of the Board of Directors of Philcomsat Holdings Corporation (PHC) since 1996 until he resigned and ceased to be connected with PHC in 2007. He was then replaced Angcao as the Corporage Secretary. Angcao received a letter from Ozamiz, a stockholder of PHC requesting… Read More SAN JOSE vs. OZAMIZ G.R. No. 190590 July 12, 2017, Intra-corporate Controversy – Jurisdiction

Mercantile Law

GONZALES v. GJH LAND, INC. G.R. No. 202664, November 20, 2015 Inta-corporate Dispute, Jurisdiction

FACTS: Petitioners filed a Complaint for Injunction with prayer for Issuance of Status Quo Order, Temporary Restraining Orders, and Writ of Preliminary Injunction with Damages against respondents before the RTC of Muntinlupa City seeking to enjoin the sale of their shares of stock which they purportedly bought and already paid by them in full, but… Read More GONZALES v. GJH LAND, INC. G.R. No. 202664, November 20, 2015 Inta-corporate Dispute, Jurisdiction

Corporation Law, Mercantile Law

BANK OF COMMERCE vs. RADIO PHILIPPINES  G.R. No. 195615 April 21, 2014 Merger and De Facto Merger, Corporation Code

FACTS: Traders Royal Bank (TRB) proposed to sell to petitioner Bank of Commerce (Bancommerce) for its banking business consisting of specified assets and liabilities. Bancommerce agreed subject to prior BSP’s approval of their Purchase and Assumption (P & A) Agreement. The BSP approved that agreement subject to the condition that Bancommerce and TRB would set… Read More BANK OF COMMERCE vs. RADIO PHILIPPINES  G.R. No. 195615 April 21, 2014 Merger and De Facto Merger, Corporation Code

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