Scribd Logo
Upload

Welcome to Scribd!

  • Doctrinal Notes - Commercial 2019

    Uploaded by

    Deness Caoili-Marcelo
    5 views5 pages

    Original Title

    DOCTRINAL NOTES- COMMERCIAL 2019

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    5 views5 pages

    Doctrinal Notes - Commercial 2019

    Uploaded by

    Deness Caoili-Marcelo

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 5
    eeseeeaeaqgaggGgsgsgge90d0GGSNO0GG9NNDNIIAV9O9N9HN L220 PYLON DOCTRINAL NOTES COMMERCTAL LAW ON CASES PENNED BY Associate Justice ESTELA PERLAS-BERNABE FROM 2011 TO 2019 a9 ho LLL YL NDUCIRINAL NOLES Bill of Lading Question: What is a bill of lading and how does it operate? Answer: A bill of lading is defined as "an instrument in writing, signed by a carrier or his agent, describing the freight so as to identify it, stating the naroe of the consignor, the terms of the contract for carriage, and agreeing or directing that the frcight to be delivered to the order or assigns of a Specified persona a specified pace ae awl tee dite and place of shipment, packs ind gondion, aval operates both as a receipt and'as a; Contract. AS,a receipt deseribes the goods 1s to quantity, weisit Sine and value. As a contraéf; it nathes ths Contract partes. As such, it shall oaly be binding upd the p (Ace Navigation!Co., In., vs FGU Insurance: ind. elo gf enh ion? Answer: In seknng, Sitesyg an Dominaney Testu it ‘olistic or Tota es on the stailarity of ‘he dominayt features mistake, ad dre inthe mind he of that might cause/cc alan ia erent bythe more consideration t6 giving little wee products, Sci the ia on the other features. appearing Gn both labels t'determitie whether other as to mislead the. ordinary purchaser, The. “ordinary purs buy, and therefore 16: some. exient familiar. With d mela and focuses not only on, d ‘one “accustomed to i AGreat White Shark 21, 2012) Qiiestion: May the Corporation be penalized for violating Trus the Trust Receipts Law explicitly provides that if the Violation or offense is «d by a corporation, as in this case, the penalty provided for under the law shall be imposed directors, officers, employees or other officials or person responsible for the offense, without prejadice to the civil liabilities arising from the criminal offense. (Crisologo vs People, G.R. No. 199481, December 3, 2012) ligence required in Bankin, OQ OD oO QO O oO ® oO QO a G3 QO oO @ Q QO @Q oO Q OQ QO oO oO QO Q QO Oo Question: What is the required diligence in banking services? PUP COLLEGE OF LAW [56 ee6e a Lo LLAZL NDUUIRINAL NULES | Answer: Extraordinary diligence. In the case of banks and other financial institutions, however, sreater care and due diligence are required since they are imbued with public interest, failing which renders the mortgagees in bad faith. Thus, before approving a loan application, it is a standard operating practice for these institutions to conduct an ocular inspection of the property offered for mortgage and to verify the genuineness of the title to determine the real owner(s) thereof. (Philippine Banking Corporation vs. Arturo Dy, et al. G-R. No.183775, November 14, 2012) ore ge cere ee eee DAM OMAN. gg » Question: Is. acti tise'a Fequireinent for the registration of a trademark? Answer: Yes, Under Seetios 2'64 RA. No. 1667in over to register a trademark, one must be the owner thereof and:mustihave actually used the mark in“commerce in the Philippines for two (2) months prior to the, application for registration; Section 2-A of the sae law sets out to define how one goes about Incquiting “ownership. theféof., Unde sr Section 2-A, it is cléar that actual use in commerce is asd, the test of ownership, but the provision. went further by saying tHat the mark must not have been ‘so:appropri ted by. anoilier, ‘significant to note that Section 2-A does not require that the. actualuse of a tradcinark must be within the Philippines. Thus, as correctly mentioned by the CA, wader RA. Noi 166; ‘one may ‘be an owner of a mark due to:its actual use but may not yet, have. the:right to registe? such ownership here duc to the owner’s failure to use the same in the Philippine§.for wo (2) months:prioito feeistration. (Eeole De Cuisine Manille (Cordon Blew Of The Paitin ‘inc; vs. Re néiud: Col trea & Cie And-Le Cordon Blew Int'l, B.V., GR. Question: What eth ‘the rales for the proceedings in the receivership and lignidation of banks and quasi-banks? & Answer: Section 30:of RA,7653 provides for.the proceedings in the receivership and liquidation of banks and quasi-banks, the pertinent portions of which read: Section 30. Proceedings in Receivership and Liquidation —Whehever, upon report of the head of the supervising or examining, department, the { Monetary Board finds that'a bank oF guasi-bank: (a) is unable to pay its liabilities as they become die in the ordinary Gburseof business: Provided, That this shall not include inability to pay caused by extraordinary demands induced by financial panic im the banking community, (b) has insufficient realizable assets, as determined by the Bangko Sentral, io meet its liabilities; or (6) cannot continue in ‘business without involving probable losses to its depositors Or creditors; or (d) has willfully violated a cease and desist order‘tinder Section 37 that has become final, involving acts or transactions which amount to fraud or a dissipation of the assets of the institution; in which cases, the Monetary Board may summarily and without need for prior hearing forbid the institution from doing business in the Philippines and designate the Philippine Deposit Insurance Corporation as receiver of the banking institution. xxxx The receiver shall immediately gather and take charge of all the assets and liabilities of the institution, administer the same for the benefit of its creditors, and exercise the ‘general powers ofa receiver under the Revised Rules of Court x x x[.J If the receiver determines that the institution cannot be rehabilitated or permitted to resume business in accordance with the next preceding paragraph, the Monetary Board shail notify in writing the boatd of directors of its findings and direct the receiver to proceed withthe liquidation of the institution, The receiver shall: x x x x The actions of the Monetary Board taken under this section or under Section 29 of this Act shall be final and executory, and may not be restrained or set aside by the court except on petition for certiorari on eesecGe

    You might also like