G.R. No. 232688 – Mercantile Law – The Consumer Act – Liability for Imperfections – Liability for Defective Product – Prescription of Action; Warranty Period In January 2011, Alexander Caruncho bought a Mazda sedan from Mazda Quezon Avenue. During the first week of use, he already noticed an unusual noise […]
Mercantile Law
G.R. No. 217194 – 817 Phil. 1030 – Mercantile Law – Intellectual Property Law – Trademark – Trademark Infringement – Dominancy Test – Dominant Features of a Trademark – Coffee Mate vs Coffee Match In June 2007, Puregold Price Club, Inc., a corporation created and registered under Philippine laws, filed […]
G.R. No. 158261 – 540 Phil. 142 – 511 SCRA 123 – Mercantile Law – General Banking Law – Liquidation of Banking Institutions In 1986, the Rural Bank of Bokod (Benguet), Inc. (RBBI) was investigated by the Bangko Sentral ng Pilipinas (BSP) and the latter found out that RBBI had […]
G.R. No. L-46720 – 70 Phil. 325 – Mercantile Law – Corporation Law – Shares of Stock – Situs of Shares of Stock In September 1932, Birdie Lillian Eye died in Los Angeles, California, USA which was also her place of domicile. She left various properties. Among those properties include some […]
G.R. Nos. L-12306-7 – 113 Phil. 459 – Mercantile Law – Transportation Laws – Certificate of Public Convenience – Requirement for Financial Stability of Franchise Operators In 1955, Rosa Fariñas filed an application for the registration of 5 passenger trucks. This is in addition to the 4 other trucks already in […]
G.R. No. 176579 – 668 Phil. 1 / 696 Phil. 276 – 652 SCRA 690 / 682 SCRA 397 – Mercantile Law – Corporation Law – Capital – What “capital” means In 1928, the Philippine Long Distance Telephone Company (PLDT) was granted a franchise to engage in the business of […]
G.R. No. 157917 – 693 Phil. 373 – 679 SCRA 208 – Mercantile Law – Transportation Law – Common Carrier – Private School Transport are Common Carriers Civil Law – Torts and Damages – Heirs of a high school student may be awarded damages for loss income In June 1996, […]
G.R. No. 127181 – 416 Phil. 774 – 364 SCRA 375 – Mercantile Law – Corporation Law – Veil of Corporate Fiction – Corporate Name In 1980, ECO Management Corporation (ECO) obtained loans amounting to about P26 million from Land Bank. ECO defaulted in its payment but in 1981, ECO […]
G.R. No. 113907 – 383 Phil. 329 / 409 Phil. 61 – 326 SCRA 428 / 357 SCRA 77 – Mercantile Law – Corporation Law – Veil of Corporate Fiction – Illegal Dismissal Cases In February 1990, M. Greenfield, Inc. (MGI), through its officers Saul Tawil, Carlos Javelosa, and Renato […]
G.R. No. 148848 – 455 Phil. 734 – 408 SCRA 315 – Mercantile Law – Corporation Law – Doctrine of Separate Identity – Veil of Corporate Fiction Antonio Murillo is the majority owner of Insular Builders, Inc. His son, Rodolfo Murillo is the manager thereof. Rodolfo also owns a corporation […]
G.R. No. 138104 – 430 Phil. 443 – 380 SCRA 617 – Mercantile Law – Corporation Law – License Requirement – Foreign Corporation – Being an assignee does not automatically mean “doing business” Marcopper Mining Corporation was unable to pay its loans from the Asian Development Bank (ADB). Later, ADB […]
G.R. No. 131367 – 393 Phil. 843 – 339 SCRA 434 – Mercantile Law – Corporation Law – Foreign Corporation – License Requirement In 1996, Hutchison Ports Philippines Limited (HPPL) won a public bidding conducted by the Subic Bay Metropolitan Authority (SBMA). The project was to develop and operate a modern […]
A.C. No. 5804 – 453 Phil. 108 – 405 SCRA 220 – Mercantile Law – Corporation Law – Derivative Suit Legal Ethics – Conflict of Interests Benedicto Hornilla and Federico Ricafort were members of the Philippine Public School Teachers Association (PPSTA). In 1997, they accused the Board of Directors of […]
G.R. No. 111448 – 424 Phil. 446 – 373 SCRA 385 – Mercantile Law – Corporation Law – Power of the Board – Ultra Vires Acts of Corporate Officers – Agency Civil Law – Obligations and Contracts – Void Contracts Can Never Be Ratified In 1988, Manuel Cruz, Jr., a […]
G.R. No. 123358 – 381 Phil. 282 – 324 SCRA 270 – Mercantile Law – Corporation Law – Corporation has identity separate and distinct from incorporators FCY Construction Group, Inc. (FCY) was awarded a contract by the Department of Public Works and Highways to build a flyover. In 1993, FCY entered […]
G.R. No. L-68555 – 220 SCRA 103 – Mercantile Law – Corporation Law – Award of Moral Damages to Corporations – Self-Dealing Director In July 1969, Zosimo Falcon and Justo Trazo entered into an agreement with Alejandro Te whereby it was agreed that from 1970 to 1976, Te shall be […]