G.R. No. L-29661 – 138 Phil. 37 – 28 SCRA 334 – Political Law – Law on Public Officers – Appointment in Vacancies of Local Offices (Chief of Police) Not Ministerial In 1968, the Chief of Police of Pasay City died. Then Mayor Jovito Claudio appointed State Prosecutor Francisco […]
Monthly Archives: November 2012
G.R. No. 112283 – 236 SCRA 60 – Political Law – Law on Public Officers – Public Office is Personal to the Incumbent Election Law – Claim for damages in an election case does not survive the death of the party claiming damages In 1992, Rosauro Radovan was declared […]
G.R. No. 128803 – 295 SCRA 469 – 357 Phil. 536 – Civil Law – Conflict of Laws – Private International Law – Service of Summons to a Non Resident – Processual Presumption In 1984, a Hong Kong court ordered Antonio Heras to pay US$1.8 million or its equivalent, […]
G.R. No. 122191 – 358 Phil. 105 – 297 SCRA 469 – Civil Law – Conflict of Laws – Private International Law – Situs – Locus Actus Milagros Morada was working as a stewardess for Saudia Arabian Airlines. In 1990, while she and some co-workers were in a lay-over […]
G.R. No. 121171 – 360 Phil. 768 – 300 SCRA 579 – Mercantile Law – Corporation Law – Corporation Generally Not Entitled To Moral Damages – Power To Enter Into Contracts In 1968, the government undertook to support the financing of Marinduque Mining and Industrial Corporation (MMIC). The government […]
G.R. No. 116123 – 269 SCRA 564 – Mercantile Law – Business Organization – Corporation Law – Close Corporation – Liability for Tort Sergio Naguiat was the president of Clark Field Taxi, Inc. (CFTI) which supplied taxi services to Clark Air Base. At the same time, Naguiat was a […]
G.R. No. 103576 – 329 Phil. 531 – 260 SCRA 714 – Mercantile Law – Corporation Law – Corporations cannot sue for moral damages In June 1978, Acme Shoe, Rubber & Plastic Corporation executed a chattel mortgage in favor of Producers Bank of the Philippines in consideration of a […]
G.R. No. 121413 – 403 Phil. 361 – 350 SCRA 446 – Mercantile Law – Corporation Law – Liability of a Banking Corporation for Wrongful/Tortuous Acts Committed By Its Employees In 1977, 1978, and 1979 Ford Philippines was assessed a tax liability in the amounts of P4.7 million, P5.8 […]
G.R. No. L-8527 – 27 Phil. 401 – Mercantile Law – Corporation Law – No Criminal Actions Against A Corporation In 1912, West Coast Life Insurance caused the distribution of printed materials which impressed among the readers thereof that Insular Life Insurance Company is in bad shape. Insular Life […]
G.R. No. L-27155 – 83 SCRA 237 – Mercantile Law – Corporation Law – Corporation’s Liability for Negligence Rita Tapnio owes PNB an amount of P2,000.00. The amount is secured by her sugar crops about to be harvested including her export quota allocation worth 1,000 piculs. The said export […]
G.R. No. L-17160 – 122 Phil. 698 – 15 SCRA 301 – Mercantile Law – Corporation Law – Liability of Foreign Corporations and their Agents Primateria Societe Anonyme Pour Le Commerce Exterieur (Primateria Zurich, a sociedad anonima formed in Zurich), through Alexander Baylin, entered into an agreement with Philippine […]
G.R. No. L-7231 – 98 Phil. 711 – Mercantile Law – Corporation Law – Sociedad Anonima – Corporate Existence Benguet Consolidated Mining Company was organized in 1903 under the Spanish Code of Commerce of 1886 as a sociedad anonima. It was agreed by the incorporators that Benguet Mining was […]
G.R. No. 6217 – 21 Phil. 95 – Mercantile Law – Corporation Law – The Corporation and Its Directors Charles Mead, Edwin McCullough and three others organized the corporation called The Philippine Engineering and Construction Company (PECC). The 4 organizers, except Mead, contributed to the majority of the capital […]
G.R. No. 75885 – 234 Phil. 180 – 150 SCRA 181 – Mercantile Law – Corporation Law – A Corporation Cannot Invoke the Right Against Self-Incrimination When President Corazon Aquino took power, the Presidential Commission on Good Government (PCGG) was formed in order to recover ill gotten wealth allegedly […]
G.R. No. 113375 – 232 SCRA 110 – Mercantile Law – Corporation Law – PCSO’s Charter – Ultra Vires Acts In 1993, the Philippine Charity Sweepstakes Office decided to put up an on-line lottery system which will establish a national network system that will in turn expand PCSO’s source of […]
G.R. No. 84197 – 175 SCRA 668 – Civil Law – Partnership – When De Facto Partnership Does Not Exist Jacob Lim was the owner of Southern Air Lines, a single proprietorship. In 1965, Lim convinced Constancio Maglana, Modesto Cervantes, Francisco Cervantes, and Border Machinery and Heavy Equipment Company […]