G.R. No. 124062 – 361 Phil. 383 – 301 SCRA 459 – Mercantile Law – Corporation Law – Instance Where a Corporation is a Real Party in Interest Reynaldo Cometa is the president of State Investment Trust, Inc. (SITI), a lending firm. Reynaldo Guevara is the president of Honeycomb Builders, […]
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G.R. No. 88404 – 268 Phil. 784 – 190 SCRA 717 – Mercantile Law – Corporation Law – Corporate Fiction – Franchise – Right of Succession In 1958, Felix Alberto & Co., Inc (FACI) was granted by Congress a franchise to build radio stations (later construed as to include telephony). […]
G.R. No. L-2971 – 88 Phil. 494 – Political Law – Law on Public Officers – “Public Officer” and “Public Employee” the same for Purposes of the Penal Code Criminal Law – Book II – Crimes Committed By Public Officers – Direct Bribery – “Public Officer” and “Public Employee” the […]
G.R. No. 87193 – 255 Phil. 934 – 174 SCRA 245 – Political Law – Law on Public Officers – Citizenship of a Public Officer In 1988, Juan Frivaldo won as governor of Sorsogon. Salvador Estuye, President of the League of Municipalities of Sorsogon, filed with the COMELEC a petition […]
G.R. No. L-9699 – 100 Phil. 1025 – Political Law – Law on Public Officers – Civil Service Eligibility – Temporary Appointment Does Not Ripen Into Permanent Appointment In 1947, Liberato Jimenez was appointed as a temporary legal investigator in the Philippine Veterans Board (PVB). In 1949, he was promoted […]
G.R. No. L-55151 – 191 Phil. 10 – 103 SCRA 380 – Political Law – Law on Public Officers – No Vested Right to a Public Office – Continuing Eligibility Dominador Borje was an elected member of the Board of Directors of the Misamis Occidental Electric Cooperative, Inc. (MOELC). While […]
G.R. No. L-5701 – 93 Phil. 376 – Political Law – Law on Public Officers – Limitations on The Power to Create a Public Office – President Can’t Create Courts In 1950, the University of Santo Tomas was assessed a deficiency tax on its income from tuition fees. UST opposed […]
G.R. No. 125249 – 335 Phil. 462 – 267 SCRA 806 – Political Law – Law on Public Officers – Election Law; Election Protest Survives the Death of a Party – Public Office is Not Transmissible to Incumbent’s Heir In 1995, Jimmy De Castro was proclaimed as the mayor of […]
G.R. No. 142801-802 – 413 Phil. 281 – 360 SCRA 718 – Political Law – Law on Public Officers – Security of Tenure in a Public Office – No Vested Right to a Public Office – Power to Create and Destroy Public Office During the time of President Corazon Aquino, […]
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 Villa […]
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 the […]
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, with […]
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 in […]
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 then […]
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 director […]
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 loan […]