G.R. No. 119176 – 379 SCRA 423 – Mercantile Law – Insurance Law – The Policy – Automatic Increase in the Coverage – Documentary Stamp Tax Prior to 1984, Lincoln Philippine Life Insurance Company, Inc. (now called Jardine-CMA Life Insurance Company, Inc.) used to issue policies called “Junior Estate Builder […]
Case Digest
G.R. No. L-54140 – 145 SCRA 42 – Mercantile Law – Insurance Law – The Policy – Prescription of Filing of Insurance Cases In 1976, Choa Tiek Seng contracted Frota Oceanica Brasiliera for the latter to deliver goods. Choa Tiek Seng insured the goods with Filipino Merchants Insurance Company. The […]
G.R. No. L-36637 – 84 SCRA 76 – Civil Law – Land Titles and Deeds – Judgment Confirms Title – In whose name may title be dealt with – Sec 29, PD 1529 In 1964, it was proven that a parcel of land located in Sta. Maria, Bulacan, is owned […]
G.R. No. L-22710 – 20 SCRA – Civil Law – Obligations and Contract – Extinguished Obligation Via Payment Cannot Be Revived From 1951 to 1952, Philippine Ready-Mixed Concrete Co., Inc. (PRMCCI) undertook to build roads for the government. PRMCCI is to get its payment from the Bureau of Public Works. On […]
G.R. No. 138945 – 409 SCRA 306 – Civil Law – Obligations and Contract – Void Contracts – Lack of Consent In 1966, Dorotea Inot and 2 of her children, Victoriano Baba and Gregorio Baba sold a parcel of land to Felix Gochan and Sons Realty Corporation (Gochan Realty). Consequently, […]
G.R. No. L-62431-33 – 360 SCRA 127 – Mercantile Law – Negotiable Instruments Law – Check Payments – Due Diligence in Presenting Checks for Payment Honor Moslares and Pio Barretto Realty Development Corporation are disputing over the estate of Nicolai Drepin, represented by Atty. Tomas Trinidad. To settle the dispute, […]
G.R. No. 105188 – 284 SCRA 643 – Mercantile Law – Negotiable Instruments Law – Consummation of Sale in Lieu of Check Payment Myron Papa is the administrator of the estate of Angela Butte. In 1973, he sold a portion of said estate to Felix Peñarroyo through A.U. Valencia and […]
G.R. No. 117857 – 351 SCRA 100 – Mercantile Law – Negotiable Instruments Law – Batas Pambansa 22 – Knowledge of Insufficiency Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Elements – Notice of Dishonor – Presumption of Knowledge of Insufficiency Luis Wong is a collector […]
G.R. No. 89802 – 208 SCRA 465 – Mercantile Law – Negotiable Instruments Law – Crossed Checks – Effects of Crossing Checks Merle Reyes is a businesswoman who was issued 6 checks by her customers as payments for her services. The 6 checks are crossed checks which on their faces […]
G.R. No. 101163 – 217 SCRA 32 – Mercantile Law – Negotiable Instruments Law – Holder in Due Course – Notice of Dishonor Corazon Victoriano provided pieces of jewelry to Nora Moulic so that the latter may sell the same. As security for the jewelries, Moulic issued to Victoriano two […]
G.R. No. 70145 – 145 SCRA 497 – Mercantile Law – Negotiable Instruments Law – Rights of the Holder – What Constitutes a Holder in Due Course -Stolen Check Jose Go maintains an account with Associated Bank. He needed to transfer P800,000.00 from Associated Bank to another bank but he […]
G.R. No. 121267 – 368 SCRA 9 – Mercantile Law – Law on Intellectual Property – Law on Patents – Compulsory License In August 1989, Danlex Research Laboratories petitioned before the Bureau of Patents, Trademarks and Technology Transfer (BPTTT) that it may be granted a compulsory license for the use […]
G.R. No. 112392 – 326 SCRA 641 – Mercantile Law – Negotiable Instruments Law – Negotiation – Indorsement – Withdrawal Slip Benjamin Napiza maintains an account with the Bank of the Philippine Islands (BPI). In 1987, Napiza was approached by Henry Chan and the latter gave him a $2,500 Continental […]
G.R. No. L-34539 – 143 SCRA 7 – Mercantile Law – Negotiable Instruments Law – Consideration – Liability of Accommodation Party – Holder in Course In 1955, Concepcion and Tamayo Construction Enterprise had a contract with the Bureau of Public Works. The firm needed fund to push through with the […]
G.R. No. 92244 – 218 SCRA 682 – Mercantile Law – Negotiable Instruments Law – Liabilities of Parties – Forgery – Forged Indorsements Natividad Gempesaw is a businesswoman who entrusted to her bookkeeper, Alicia Galang, the preparation of checks about to be issued in the course of her business transactions. […]
G.R. No. L-40796 – 65 SCRA 680 – Mercantile Law – Negotiable Instruments Law – Consideration – Forgery – Liability of Accommodation Party On January 15, 1963, the Bureau of Treasury issued a back paycheck to Martin Lorenzo in the amount of P1,246.08. The drawee named therein was Republic Bank. […]