Laws and Found

G.R. No. L-29742 March 29, 1972  Facts: 1.              Appellant filed a complaint in the City Court of Davao to recover from defendant Mapayo the sum of P2, 800, which represented an unpaid balance of the purchase price of an engine (Gray Marine), sold to defendant.  2.              The defendant admitted the said transaction in his answer but he alleged that the engine had hidden defects causing him to spend the same amount for the repairs and labor, wherefore plaintiff had agreed to waive the balance due on the price of the engine and counterclaimed for damages and attorneys' fees.  3.              The Court disallowed the defences and ordered the defendant to pay plaintiff P2, 500.00 and costs. 4.              ...

G.R. No. 164805 April 30, 2008 Facts: 1.        Gateway obtained 4 foreign currency denominated loans from petitioner Solid Bank as capital for its manufacturing operations. The loans were secured by Promissory notes and by assignment to Solid Bank of all the proceeds of Gateway's Back-end Services Agreement with Alliance Semiconductors.  2.        However, Gateway failed to pay its obligations despite repeated demands from the petitioner. This prompted petitioner to file a complaint for collection of sum of money.  3.        During the trial, Petitioner filed a motion for the production and inspection of documents after learning that Gateway already received proceeds of its Back-end agreement with Alliance. The motion called for the inspection of all books of accounts, financial statements, receipts, checks, vouchers, and other accounting records. The court granted the ...

G.R. No. L-4150 February 10, 1910 Facts: The Plaintiff Felix delos Santos filed this suit against Agustina Jarra. Jarra was the administratix of the estate of Jimenea. Plaintiff alleged that he owned 10 1st class carabaos which he lent to his father-in-law Jimenea to be used in the animal-power mill without compensation. This was done on the condition of their return after the work at the latter’s mill is terminated. When delos Santos demanded the return of the animals Jimenea refused, hence this suit. Issue: W/N the contracts is one of a commodatum Ruling: YES. The carabaos were given on commodatum as these were delivered to be used by defendant. Upon failure of defendant to return the cattle upon demand, he is under the obligation to indemnify the plaintiff by paying him their value. Since the 6 carabaos were not the property of the deceased or of any of his descendants, it is the duty of the administratrix of the estate to either return them or indemnify the owner thereof of ...

GR No. 84111, December 22, 1989 Facts: The Philippine Coast Guard seized 9000 sacks of refined sugar owned by petitioner Yaokasin, which were then being unloaded from the M/V Tacloban, and turned them over to the custody of the Bureau of Customs. On June 7, 1988, the District Collector of Customs ordered the release of the cargo to the petitioner but this order was subsequently reversed on June 15, 1988. The reversal was by virtue of Customs Memorandum Order (CMO) 20-87  in implementation of the Integrated Reorganization Plan under P.D. 1, which provides that in protest and seizure cases where the decision is adverse to the government, the Commissioner of Customs has the power of automatic review. Petitioner objected to the enforcement of Sec. 12 of the Plan and CMO 20-87 contending that these were not published in the  Official Gazette . The Plan which was part of P.D. 1 was however published in the  Official Gazette . Issue: W/n circular orders such as CMO 2...

Facts: The Petitioner MRCA Inc., filed a complaint against private respondents spouses (who were defendants in said civil case). Said case was dismissed by the trial court due to the non-payment of proper filing fees when petitioner failed to include include in the complain the amount of moral damages, exemplary damages, attorney's fees and litigation expenses sought to be recovered. The Court of Appeals (CA) affirmed said ruling, hence the petitioner comes to SC by petition for review. Petitioner contends that the Manchester ruling does not apply to the case since said court decision was not published in the Official Gazette. It should be noted that petitioner filed said complaint ten months after the promulgation of the Manchester ruling. Issue: w/n court rulings need to be published in the Official Gazette order to be effective HELD: NO. Publication in the Official Gazette is not a prerequisite for the effectivity of a court ruling even if it lays down a new rule or pr...

GR L-64279 Civil law, when Laws take effect Facts: Petitioners Anselmo and Marcelo Pesigan, carabao dealers transported on April 2. 1982, twenty-six (26) carabaos & a calf from Camarines Norte with Batangas as its destination. They were provided with health certificates from the provincial veterinarian and three (3) other permits attesting that the cattle was not part of lose, stolen or questionable animals. Despite this, the said cattle was confiscated by respondents Zenarosa and Miranda, who were respectively the police station commander and provincial veterianarian of Basud, Camarines Norte. The confiscation was on the basis of said  EO 626-A  which was dated  October 25, 1980  but was published in the Official Gazette  on  June 14, 1982 . Executive Order 626-A provides, "that henceforth, no carabao, regardless of age, sex, physical condition or purpose and no carabeef  shall be transported from one province to another.  The cara...

Issue: W/N petitioner has a valid legal defense of ignorance of the law HELD: YES The petitioner is not a lawyer and therefore not conversant with the laws. When he accepted the mortgage of the improvements, it isbased on his well-grounded belief that he is was not violating the prohibition on the alienation of land. Thus is possessing, and consenting the receipt of its fruits, he has no knowledge that this is already in the nature of a contract of antichresis, which as a lien, was prohibited by section 116. Therefore, petitioner's ignorance of the provisions of section 116 is excusable and may, therefore, be the basis of his good faith.

Civil Law, When laws take effect, Publication of laws Issue: w/n BP 22 which was circulated a month after private respondent issued the dishonored check is applicable Facts: On 2nd week of May in 1979, private respondent Benito Go Bio Jr. issued a check amounting to P200,000 to one Filipinas Tan. Said check was subsequently dishonored and despite repreated demands, the respondent failed to make the necessary payment hence the filing of charges against him for violation of BP 22 or the Bouncing Check law. Go Bio filed a Motion to Quash alleging that the information did not charge an offense on ground that BP 22 has not yet taken effect when the offense was committed on May 1979. Said law took into effect on June 29, 1979. The prosecution opposed the motion and contended that the date of the dishonor of the check -- September 26, 1979, is the date of the commission of the offense, hence BP 22 is applicable. The respondent judge granted Go Bio's motion and dismissed the crim...

G.R. No. 75082 July 31, 1989 Retroactivity Facts: The oppositor appellee Alejandra Abellera (substituted upon her death by Domondon) was the owner of the subject 2-hectare parcel of land situated in Baguio City, a land which was previously part of the public domain but was titled pursuant to RA 931. In another case  Republic v Pio Marcos , the Supreme Court declared that all titles issued under RA 931 are null and void since the said Act was applicable only to places covered by cadastral proceedings, and not to the City of Baguio which was covered by a townsite reservation. This same ruling was subsequently incorporated into a law, P.D. 1271 with the title "An act nullifying decrees of registration and certificates of title covering lands within the Baguio Townsite Reservation pursuant to RA 931 which took effect on December 22, 1977. PD 1271 considered as valid certain titles of lands that are alienable and disposable under certain conditions and for other purposes. H...

Facts of the Case: In the proceeding for settlement of the intestate estate of deceased Samuel Allen, his widow petitioner for provision of allowance for hreself and her daughter Avelina Allen amounting to P80.00. The Special Administrator appointed objected to the allowance requested on the ground that the estate is insolvent since the total claims presented against it amounts to P2,457.00 while the estate's balance only amounted to P870.97.  The lower court approved the allowance citing Art. 1430 of the New Civil Code and Sec. 684 of the Code of Civil Procedure. The Court of Appeals (CA) affirmed the lower court's decision. Issue: May a widow validly demand for support or allowance when the liabilities of the deceased's estate exceed its assets? Ruling: No. Support cannot be granted if proved that there is no more property, private or conjugal, pertaining to the surviving spouses or heirs of the deceased since by virtue of Art. 1430 (NCC), suppo...

G.R. No. L-53672, May 31, 1982 Facts:  The respondent New Olympian Rubber Products sought to register the mark "BATA" for casual rubber shoe products, alleging it had used the said mark since the 1970s. The petitioner, a Canadian corporation opposed with its allegations that it owns and has not abandoned said trademark. The petitioner has no license to do business in the Philippines and the trademark has never been registered in the Philippines by any foreign entity. Bata Industries does not sell footwear under the said trademark in the Philippines nor does it have any licensing agreement with any local entity to sell its product. Evidence show that earlier, even before the World War II, Bata shoes made by Gerbec and Hrdina (Czech company) were already sold in the country. Some shoes made by the petitioner may have been sold in the Philippines ntil 1948. On the other hand, respondent spent money and effort to popularize the trademark "BATA" since the 70...

G.R. No. 145428, July 7 2004 Facts of the Case : The petitioner and private respondents were embroiled in a labor dispute which unfortunately resulted to a strike and dismissal of several employees. In order to prevent further damage and halt work stoppage, the Secretary of Labor issued a reinstatement orders instructing the petitioner to readmit the dismissed employees under terms and conditions prevailing before the strikes. The petitioner contended that the subject reinstatement orders constitute a clear encroachment upon management's prerogatives. Issue: Is the reinstatement order valid? Ruling : The reinstatement order is valid as it was issued pursuant to Art. 263 of the   Philippine Labor Code   which empowers the Secretary of Labor to acquire jurisdiction over labor disputes involving an industry inimical to national interest. The maritime industry in which the context of this labor dispute occurs is clearly such and any disruption and work stoppage therein wi...

G.R. No. 115129 February 12, 1997 Facts:  The petitioner’s wife was suffering from a debilitating ailment and with forewarning of her impending death, she expressed her wish to be laid to rest before Christmas day to spare her family of the long vigils as it was almost Christmas. After his wife passed away, petitioner bought materials from herein private respondents for the construction of her niche. Private respondents however failed to deliver on agreed time and date despite repeated follow-ups. The niche was completed in the afternoon of the 27th of December, and Barzaga's wife was finally laid to rest. However, it was two-and-a-half (2-1/2) days behind schedule. Issue: Was there delay in the performance of the private respondent's obligation? Ruling: Yes. Since the respondent was negligent and incurred delay in the performance of his contractual obligations, the petitioner is entitled to be indemnified for the damage he suffered as a consequence of the delay...

G.R. No. L-44707, August 31, 1982 Facts: Petitioner is a foreign corporation and all its products are manufactures by Quality House Inc. The latter pays royalty to the petitioner. Hickok registered the trademark 'Hickok' earlier and used it in the sale of leather wallets, key cases, money folds, belts, men’s underwear, neckties, hankies, and men's socks. While Sam Bun Liong used the same trademark in the sale of Marikina shoes. Both products have different channels of trade. The Patent Office did not grant the registration, but the Court of Appeals reversed the PPO decision. Issue: Is there infringement in this case? NONE. Emphasis should be on the similarity of the products involves and not on the arbitrary classification or the general description of their properties or characteristics. Also, the mere fact that one person has adopted and used a trademark on his goods does not prevent the adoption and use of the same by others on unrelated articles of diffe...

G.R. No. 170243 April 16, 2008  Facts of the Case:  Enrique Hinlo died intestate in 1986. His heirs, herein petitioners filed for letters of administration where the widow Ceferina was initially appointed as special administrator but was eventually replaced by Nancy Zayco and Remo Hinlo (as co-admin) due ot the illness of their mother. In 2003, respondent Atty. Hinlo, the grandson of the deceased filed for a petition of issuance of letters in his favor and for the removal of the petitioners. This was opposed by the petitioners. The lower court revoked the appointment of the petitioners and issued letters of administration in favor of respondent wherein he was also required to file a bond. The petitioners received the copy of the decision dated July 23 on August 2, 2002. They then file a Motion for reconsideration on August 9. The lower court (RTC) denied their motion in an order dated July 23, 2003. The petitioners received their copy of this decision on July 31, 2...

G.R. No. L-29971 Facts of the Case:  The petitioner Esso Standard is a foreign corporation duly licensed to do business in the philippines. it is engaged in the sale of petroleum products which are identified by the trademarl 'Esso'. Esso is a successor of Standard Vacuum Oil Co, it registered as a business name with the Bureau of Commerce in 1962. United Cigarette is a domestic corporation engaged in the manufacture and sale of cigarettes. it acquired the business from La Oriental Tobacco Corp including patent rights, once of which is the use of 'Esso' on its cigarettes. The petitioner filed a trademark infringement case alleging that it acquired goodwill to such an extent that the buying public would be deceived as ti the quality and origin of the said products to the detriment and disadvantage of its own products. The lower court found United Cigarette guilty of infringement. Upon appeal, the Court of Appeals ruled that there was no infringment in this case....

G.R. No. L-23023 August 31, 1968 Facts of the Case:  In 1962, Florentino Maliwat sought to register the trademark   "FLORMANN"   used on shirts, pants, jackets and shoes for ladies men and children. He claimed its first use in commerce in 1955. Also in the same year (1962), Jose P. Sta. Ana (Petitioner) filed an application for the registration of the trademark   "FLORMEN"   (used in ladies and children shoes). he claimed its first use in commerce in 1959. Due to the confusing similarity , the Director of the Patent Office ordered an interference. Maliwat's application was then granted due to his prior adoption and use while that of Sta. Ana was denied. It was stipulated by the parties that 'Flormann' was used as a trademark in 1953 and Maliwat used it on shoes in 1962. Issue: Was there any trademark infringement committed? Ruling: YES. Both products of the parties have the same descriptive properties, thus its trademark must be protected. T...

G.R. No. L-23419 Facts of the Case:  Gelacio Sebial died in 1943, he had 3 children with this 1st wife Reoncia (Roberta's mother) and 6 other children with his 2nd wife Dolores, (Benjamina's mother). In 1960, BEjamina filed for the settlement of her father's estate and her appointment as administrator. Thisd petition was oppsed by Roberta on the ground that said estate had already been apportioned and that she should be the one appointed as administrator and not Benjamina. The Court appointed Benjamina and found that alleged partition was invalid and ineffective. So the letters of administration were issued and a notice to the creditors was issue don the same date. The oppositors motion for reconsideration was denied. For the possibility of an amicale settlement, the court ordered both sides to give a complete list of the porperties of te decedent with segregation for each marriage. On Nov. 1961, the lower court approved the administrator's inventory (second o...

G.R. No. L-40517 January 31, 1984 Facts of the Case:  Luzon Surety issued two administrator's bond in behalf of defendant Quebrar  as administrator of 2 estates (Chinsuy and Lipa). The plaintiff and both Quebrar and Kilayko bound themselves solidarily after executing an indemnity agreement where both the defendants agreed to pay the premiums every year. In the years 1954-55, the defendants paid the premiums and the documnetary stamps. In 1957, the Court  approved the project of partition, while in 1962, Luzon Surety demanded payments of premiums from 1955 onwards. It was also in the same year when the court granted the motion of the defendants to have both bonds cancelled. Hence, plaintiff file a case in the CFI. The court (CFI) allowed the plaintiff to recover since the bonds were in force and effect from the filing until 1962. The Court of Appeals certified the case to the Supreme Court on questions of law. Issue: Are the bonds still in force and effect from 19...

Facts:  Plaintiffs as minors, owned a parel of registered land which their mother (Dolores) as guardian, sold for P2,000.00 under a deed of absolute sale to the spouses Apolonia and Federico. The latter knew that the sale was without judicial approval but still proceeded with the transaction. The plaintiffs now contend that the sale is null and void as it was without the court's approval. The Regional trial Court ruled that the sale is indeed null and void, while upon appeal, the Court of Appeals (CA) confirmed the sale as valid and dismissed the complaint. Hence this petition. Issue: Does the sale by a guardian of a minor's property require judicial approval? YES. Under Art. 320 (NCC), a parent acting merely as a legal administrator of the property of his minor children does not have the power to dispose of or alienate the property of the said child without judicial approval. And under Rule 84 (Code of Civil Procedure), the powers and duties of the widow as legal...

G.R. No. 152115, 26 January 2005 Property Law Facts:  This is a consolidated petition assailing the decision of the Court of Appeals (CA). Petitioners and the private respondent are registered owners of neighboring parcels of land wherein between the lots is a low-level strip of land with stagnant body of water. Whenever there is a storm or heavy rain, the water therein would flood thereby causing damage to houses of the Polinars prompting them to build a concrete wall on the bank of the strip of land about 3meters from their house and riprapped the soil in that portion. The Useros claimed ownership of the strip, demanded the halt of the construction but the Polinars never heeded believing that the strip is part of a creek. However, the Polinars offered to pay for the land. As the parties still failed to settle, both filed separate complaints for forcible entry. The Municipal Trial Court ruled in favor of the petitioner, while the regional trial court reversed and ordered...

G.R. Nos. 79937-38 February 13, 1989 Facts: Petitioner Sun Insurance (or SIOL) files a complaint for the annulment of a decision on the consignation of fire insurance policy. Subsequently, the Private Respondent (PR) files a complaint for the refund of premiums and the issuance of a writ of preliminary attachment in a civil case against SIOL. In addition, PR also claims for damages, attorney’s fees, litigation costs, etc., however, the prayer did not state the amount of damages sought although from the body of the complaint it can be inferred to be in amount of P 50 million. Hence, PR originally paid only PhP 210.00 in docket fees.The complaint underwent a number of amendments to make way for subsequent re-assessments of the amount of damages sought as well as the corresponding docket fees. The respondent demonstrated his willingness to abide by the rules by paying the additional docket fees as required. Issue: Did the Court acquire jurisdiction over the case even if priva...

G.R. No. 71189, November 4, 1992 Facts of the Case: Co Beng Kay applied for the registration of the trademark 'BRUTE' to be used it its underwear (briefs) products. The petitioner opposed on the ground that there is similarity with their own symbol (BRUT, Brut33 & Device) used on its aftershave, deodorant, cream shave, hairspray and hair shampoo/soaps and that it would cause injury to their business reputation. It must be noted that the petitioner never applied for registration of said trademark for its brief products. The Patent Office allowed Co Beng Kay the registration and this was further affirmed by the Court of Appeals. Issue: Is there confusing similarity between the challenged marks and that its use would likely cause confusion on the part of the purchasers? HELD: NONE. Co Beng Kay may rightly appropriate the mark. In this case Sec. 20 (Philippine Intellectual Property Law) is controlling. The certificate of registration issued confers the exclusive righ...

G.R. No. L-17870 29 September 1962 Facts: Petitioner is a public utility company engaged in the transport of passengers and cargo by motor vehicles in Mindanao with main offices in Cagayan de Oro (CDO). Petitioner likewise owned a land where it maintains a garage, a repair shop and blacksmith or carpentry shops. The machineries are placed thereon in wooden and cement platforms. The City Assessor of CDO then assessed a P4,400 realty tax on said machineries and repair equipment. Petitioner appealed to the Board of Tax Appeals but it sustained the City Assessor's decision, while the Court of Tax Appeals (CTA) sustained the same. Note: This is merely a case digest to aid in remembering the important points of a case. It is still advisable for any student of law to read the full text of assigned cases. Issue: Whether or not the machineries and equipments are considered immobilized and thus subject to a realty tax Held: The Supreme Court decided otherwise and held t...

G.R. No. L-47851 October 3, 1986 Facts of the Case: The private respondent (Philippine Bar Association) hired the services of the petitioner to make the plans and specifications for the construction of their office building. The building was completed by the contractor but subsequently, an earthquake struck causing its partial collapse and damage. Issue: Is the petitioner liable for damages in this case? HELD:  Yes. The petitioner made substantial deviations from the plans and specifications and failed to observe requisite workmanship standards in the construction of the building while their architect drew plans that contain defects and other inadequacies. Both the contractor and the architect cannot escape liability for damages when the building collapsed due to an earthquake. Other buildings in the area withstood the tremor. The lower court also found that the spirals in one of the columns in the ground floor has been cut. One who creates a dangerous condition cannot e...

Facts of the Case: The petitioner bought a lot owned by Mrs. Charvet which was then previously leased by the latter to one Richard Stohner. The said lease contract provided that the lessee may erect structures and improvements which shall remain as lessee's property and he may remove them at any time. It further provided that should the lessee fail to remove the same structures or improvements withing two months after the expiration of the lease, the lessor may remove them or cause them to be removed at the expense of the lessee. Stohner made fillings on the land and constructed a house. When he failed to pay the rent, the petitioner, through counsel, sent Stohner a demand letter ordering him to vacate the lot. The lessee contended that he is a 'builder in good faith.' Issue: Is the lessee a builder in good faith? Ruling: No, the lessee cannot be considered a builder in good faith. The provision under Art. 448 of the  New Civil Code  (Philippine) on a builde...

Phil. Refining Co. v. Ng Sam and Director of Patents G.R. No. L-26676, July 30, 1982 Facts of the Case: The petitioner Philippine Refining Co. first used 'Camia'  as trademark for its products in 1922. In 1949, it caused the registration of the said trademark for its lard, butter, cooking oil, detergents, polishing materials and soap products. In 1960, Ng Sam filed an application for   'Camia'   for its ham product (Class 47), alleging its first use in 1959. The petitioner opposed the said application but the Patent Office allowed the registration of Ng Sam. Issue: Is the product of Ng Sam (Ham) and those of the petitioner so related that the use of the trademark 'Camia' on said goods would result to confusion as to their origin? HELD: NO. The businesses of the parties are non-competitive and the products are so unrelated that the use of the same trademark will not give rise to confusion nor cause damage to the petitioner. The right to a trademark ...

Tibay, et. al v Court of Appeals GR No. 119655, 24 May 1996 Bellosillo, [J.] Facts: 1.        In January 22 1987, the Petitioner Violeta Tibay (and Nicolas Roralso) obtained a fire insurance policy for their 2-storey from the Private Respondent Fortune Life Insurance Co. The said policy covers the period from January 23, 1987 until January 23, 1988 or one year for P600, 000 and at the agreed premium of P2, 983.50. On January 23 or the next day, petitioner made a partial payment of the premium with P600.  2.        Unfortunately, on March 8 1987, the said building was burned to the ground. It was only two days after the fire that Petitioner Violeta advanced the full payment of the policy premium which was accepted by the insurer. On this same day, petitioner likewise filed the claim that was then referred to the insurer's adjuster. Investigation of the cause of fire commenced and the petitioner submitted t...