Category: Mercantile Law

— Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common carrier, Marine Insurance, Subrogation

October 24, 2017

FACTS: Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT Maysun,… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common carrier, Marine Insurance, Subrogation

— Civil Law, Mercantile Law —

CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

October 24, 2017

FACTS: Private respondent averred that she, a businesswoman, made regular deposits, starting September of 1979, with petitioner Citytrust at its Burgos branch in Calamba, Laguna. On 15 May 1980, she deposited with petitioner the amount of Thirty One Thousand Five Hundred Pesos(P31,500.00), in cash, in order to amply cover 6 postdated checks she issued. When… Read More CITYTRUST BANKING CORPORATION vs.CA and EMME HERRERO G.R. No. 84281 May 27,1994 Nature of Banks, Damages, Nominal damages, Temperate damages

— Civil Law, Mercantile Law —

KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

October 23, 2017

FACTS: WG & A JEBSENS SHIPMGMT. Owner/Operator of M/V “SUPERFERRY 3” and KEPPEL CEBU SHIPYARD, INC. (KCSI) enter into an agreement that the Drydocking and Repair of the above-named vessel ordered by the Owner’s Authorized Representative shall be carried out under the Keppel Cebu Shipyard Standard Conditions of Contract for Ship repair, guidelines and regulations… Read More KEPPEL CEBU SHIPYARD, INC. vs. PIONEER INSURANCE AND SURETY CORPORATION, PIONEER INSURANCE AND SURETY CORPORATION vs. KEPPEL CEBU SHIPYARD, INC. G.R. Nos. 180880-81 G.R. Nos. 180896-97 September 25, 2009 Article 2180 of the Civil Code, Marine Insurance, Negligence, Damages

— Mercantile Law —

FLEISCHER vs. BOTICA NOLASCO CO., INC G.R. No. 23241 March 14, 1925 Corporation Law, Shares of stock, Transfer of shares of stock

October 14, 2017

FACTS: Manuel Gonzalez was the original owner of the five shares of stock in question, of the Botica Nolasco, Inc. He assigned and delivered said five shares to the plaintiff, Henry Fleischer, in consideration of a large sum of money owed by Gonzalez to Fleischer In his amended complaint, plaintiff, Fleischer prayed for defendant to… Read More FLEISCHER vs. BOTICA NOLASCO CO., INC G.R. No. 23241 March 14, 1925 Corporation Law, Shares of stock, Transfer of shares of stock

— Corporation Law, Mercantile Law —

NAVA vs. PEERS MARKETING CORP., 74 SCRA 65 G.R. No. L-28120 November 25, 1976 Shares of Stock, Stock Certificate, Stock Subscription, Transfer of its Shares of Stock

October 14, 2017

FACTS: Teofilo Po as an incorporator subscribed to eighty shares of Peers Marketing Corporation. Po paid two thousand pesos or twenty-five percent of the amount of his subscription. No certificate of stock was issued to him or, for that matter, to any incorporator, subscriber or stockholder. Po sold to Ricardo A. Nava for two thousand… Read More NAVA vs. PEERS MARKETING CORP., 74 SCRA 65 G.R. No. L-28120 November 25, 1976 Shares of Stock, Stock Certificate, Stock Subscription, Transfer of its Shares of Stock

— Mercantile Law —

CAGAYAN FISHING DEVELOPMENT CO., INC., vs.TEODORO SANDIKO G.R. No. 43350 December 23, 1937 Corporation, Incorporation, Promoters of Corporation

October 14, 2017

FACTS: Manuel Tabora is the registered owner of four parcels of land  and he wanted to build a Fishery. He loaned from PNB P8,000 and to guarantee the payment of the loan, he mortgaged the said parcels of land. Three subsequent mortgages were executed in favor of the same bank and to Severina Buzon, whom Tabora… Read More CAGAYAN FISHING DEVELOPMENT CO., INC., vs.TEODORO SANDIKO G.R. No. 43350 December 23, 1937 Corporation, Incorporation, Promoters of Corporation

— Civil Law, Mercantile Law —

ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

October 6, 2017

FACTS:  The defendant company, a general partnership duly registered under the laws of the Philippines, purchased from the plaintiff a motor vehicle on the installment basis and for this purpose executed a promissory note for P9,440.00, payable in twelve equal monthly installments of P786.63, the first installment payable on or before May 22, 1961 and… Read More ISLAND SALES, INC., vs. UNITED PIONEERS GENERAL CONSTRUCTION COMPANY, ET. AL G.R. No. L-22493 July 31, 1975 general partnership, Condonation

— Civil Law, Mercantile Law —

DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

October 6, 2017

FACTS:   Caltex Philippines entered into a contract of affreightment with the petitioner, Delsan Transport Lines, Inc., for a period of 1 year whereby the said common carrier agreed to transport Caltex’s industrial fuel oil from the Batangas-Bataan Refinery to different parts of the country. Under the contract, petitioner took on board its vessel, MT… Read More DELSAN TRANSPORT LINES, INC., vs CA G.R. No. 127897 November 15, 2001 Common Carrier, Insurance

— Civil Law, Mercantile Law —

American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code

October 6, 2017

FACTS:  American Home Assurance Co. and the National Marine Corporation (NMC) are foreign corporations licensed to do business in the Philippines. On or about 19 June 1988, Cheng Hwa Pulp Corporation shipped 5,000 bales (1,000 ADMT) of bleached kraft pulp from Haulien, Taiwan on board “SS Kaunlaran”, which is owned and operated by NMC. The… Read More American Home Assurance vs. CA GR 94149, 5 May 1992 common carrier, insurance, Article 1733 of the Civil Code