G.R. No. 190341 – 661 Phil. 281 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Res Gestae – Startling Event In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 years old […]
case digest
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. 183908 – 622 Phil. 832 – 607 SCRA 796 – Labor Law – Labor Relations – Seafarers – Permanent Total Disability – Physician’s Findings In 2002, Joelson Iloreta was hired as a seaman aboard a foreign ship (MS Nautilus) operated by Norbulk Shipping U.K., Ltd. He was hired through […]
G.R. No. 183896 – 702 Phil. 578 – 689 SCRA 646 (109 O.G. 7469) – Civil Law – Persons and Family Relations – Marriage – Bigamy – Void Ab Initio Marriage – Lack of a Marriage License Remedial Law – Evidence – Probative Value – Public Records In January 1993, […]
G.R. No. 201061 – 713 Phil. 502 – 700 SCRA 702 – Civil Law – Persons and Family Relations – Marriage – Bigamy – Non-existent marriage In September 1979, Benjamin Bangayan, Jr. married Azucena Alegre. In 1982, while Alegre was outside the Philippines, Benjamin developed a romantic relationship with Sally […]
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 […]
G.R. No. L-15380 – 109 Phil. 706 – Mercantile Law – Negotiable Instruments Law – Negotiation after Dishonor – Holder in Due Course Tan Kim and her husband (Chen So) issued 11 checks payable to “cash or bearer” to be drawn against their account with the Equitable Banking Corporation. The […]