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Articles 2018-01-03T07:04:45+00:00

DATA PRIVACY ACT: WHAT IT ENTAILS

By: Gregorio M. Batiller, Jr. In a digital economy, there is a tangible shift from owning physical assets, into services that thrive on personal data. The world’s biggest and most influential corporations do not own [...]

A LAW GRADUATE’S TALE OF WOE

LAW 101 By: Gregorio M. Batiller, Jr. At issue in this case is whether or not an educational institution may be held liable in damages for misleading a student into believing that he has [...]

THE MYSTERY OF THE LOST SHIP

LAW 101 By: Gregorio M. Batiller, Jr.Happy New Year to all. It is certainly hoped that 2002 will be a much kinder year than that which fleeted past. But things do not look too bright [...]

A TALE OF TWO AIRPORTS

By: Gregorio M. Batiller, Jr. The legal and the business communities usually look to the Supreme Court’s decisions for guidance or judicial precedence. Thus in this particular case when the Manila International Airport Authority (MIAA), [...]

A TALE OF TWO WIVES (Part 1)

LAW 101 By: Gregorio M. Batiller, Jr. Consistent with the reputation of policemen, SPO4 Santiago, during his lifetime, contracted two (2) marriages and with both women having Susan as their first name. He married [...]

A TALE OF TWO WIVES (Part 2)

LAW 101 By: Gregorio M. Batiller, Jr. Last week, I discussed the amorous exploits of SPO4 Santiago who married two (2) women both first named – Susan. The first marriage to Susan 1 was [...]

ABOITIZ

LAW 101 By: Gregorio M. Batiller, Jr. In the recent case of Aboitiz Shipping Corp. vs. New India Assurance Co. Ltd. (G.R. No. 156978, May 02, 2006), the Supreme Court clarified the applicability of [...]

AN ORAL RIGHT OF FIRST REFUSAL (Part 1)

LAW 101 By: Gregorio M. Batiller, Jr. This is another of those Supreme Court decisions with its twists and turns that leaves a reader more confused after having read same. A, B and C [...]

AN ORAL RIGHT OF FIRST REFUSAL (PART 2)

LAW 101 By: Gregorio M. Batiller, Jr. A brief backgrounder: the plaintiffs were lessees who sought to rescind a deed of sale over the leased premises on the ground that the seller was in [...]

ARBITRATION AS AN ALTERNATIVE MODE OF DISPUTE RESOLUTION

LAW 101 By: Gregorio M. Batiller, Jr. SL Inc. and M Lines Inc., both carriers of cargo in containerships as well as common carriers, entered into a vessel sharing agreement whereby they mutually agreed [...]

BEWARE OF CROSSED CHECKS

By: Gregorio M. Batiller, Jr. Joey was in need of money. He approached his friend Lulu who was the treasurer of H. Corp. for a loan. H Corp. thru its treasurer Lulu and its [...]

CASTING THE FIRST STONE

LAW 101 By: Gregorio M. Batiller, Jr. Palace spokesperson Rigoberto Tiglao was quoted as saying that the recent expose of Pacifico Marcelo was cause for worry. Just when the economy was anticipated to really [...]

CONTRACT FOR A PIECE OF WORK (AS DISTINGUISHED FROM A CONTRACT OF SALE)

LAW 101 By: Gregorio M. Batiller, Jr. Petitioners Spouses D are engaged in the manufacturing and selling of shirts. Respondent S, in turn, is part owner and general manager of a manufacturing corporation. Petitioners [...]

CONTRACTS CONTRARY TO PUBLIC POLICY

LAW 101 By: Gregorio M. Batiller, Jr. F. Lirag sued M Corp. (a Japanese corporation) and several of its officers to recover on his commission based on an oral consultancy agreement with said Japanese [...]

DID THEY OR DID THEY NOT?

The Manila METEOR September 19, 2001 Vol. I No. 45 By: Gregorio M. Batiller, Jr. At issue in this action for recovery of damages arising from breach of contract of carriage is the amount [...]

DISCIPLINE OF JUDGES AND JUSTICES

LAW 101 By: Gregorio M. Batiller, Jr. The Supreme Court recently came out with an amendment of Rule 140 ofthe Rules of Court regarding the discipline of Justices and Judges. The amendment enumerated the [...]

ENFORCING THE LETTER OF THE LAW

By: Gregorio M. Batiller, Jr. Last Friday, rushing to a meeting in Eastwood City, Libis I thought the fastest route was to pass thru Barangay Cembo thru to C-5. What I saw enroute to [...]

HIGHLIGHTS OF R.A. 9160

LAW 101 By: Gregorio M. Batiller, Jr. R.A. 9160: “The Anti-Money Laundering Act of 2001” was promulgated primarily to allow the examination of bank accounts suspected to be sourced from illegal activities but which [...]

LIMITING THE LIMITED LIABILITY DOCTRINE

By: Gregorio M. Batiller, Jr. Where the shipowner fails to overcome the presumption of negligence, the doctrine of limited liability cannot be applied In the recent case of Aboitiz Shipping Corp. vs. New India [...]

MARGINAL DEPOSIT IS TANTAMOUNT TO PAYMENT

LAW 101 By: Gregorio M. Batiller, Jr. In an April 2001 decision, the Supreme Court clarified that a bank may not charge interest on that portion of a letter of credit covered by a [...]

MEDICAL MALPRACTICE

LAW 101 By: Gregorio M. Batiller, Jr. Very recently a major newspaper featured an article on malpractice by doctors of a government provincial hospital. A child was bought to the hospital, complaining of stomach [...]

MORAL DAMAGES IN ARBITRAL AWARDS

LAW 101 By: Gregorio M. Batiller, Jr. In “Philrock, Inc. vs. Construction Industry Arbitration Commission (CIAC) and Spouses Vicente and Nelia Cid” (S.C. G.R. 132848-49, June 26, 2001), the Supreme Court declared: “(W)hen parties [...]

MORAL DAMAGES IN BREACH OF CONTRACT CASES

By: Gregorio M. Batiller, Jr. Spouses Pepe and Pilar obtained a car loan from U Bank. They subsequently defaulted in the payment of their amortizations. U Bank instituted a suit for sum of money [...]

PIERCING THE VEIL OF CORPORATE FICTION (Part 2)

LAW 101 By: Gregorio M. Batiller, Jr. The facts revisited: On May 29, 1996 PNB International Finance Ltd. (PNB-IFL), a subsidiary company of PNB, organized and doing business in Hong Kong, extended a letter [...]

PRESCRIPTIVE PERIOD OF AN ACCION PAULIANA

LAW 101 By: Gregorio M. Batiller, Jr. This case involves a suit for recission of a donation allegedly made in fraud of creditors (accion pauliana). Petitioner Cheng is the owner of B Shipping Lines, [...]

PROSECUTORIAL POWERS OF THE OMBUDSMAN

The Manila METEOR Oct. 24, 2001 Vol. 1 No. 75 By: Gregorio M. Batiller, Jr. The general impression seems to be that the Office of the Ombudsman has jurisdiction over all cases for violation [...]

SUBROGATION VIS-À-VIS ASSIGNMENT OF CREDIT

LAW 101 By: Gregorio M. Batiller, Jr. Sometime in the 1980s, L made fund placements of about $150,000 with the Anglo-Asean Bank – a private bank registered under the laws of the Republic of Vanuatu. [...]

THE PING-PONGED CASE

The Manila METEOR September 26, 2001 Vol. I No. 51 By: Gregorio M. Batiller, Jr. This is about a case that was tossed by the MTC to the RTC, only to be tossed back to [...]

UPHOLDING ACADEMIC FREEDOM

LAW 101 By: Gregorio M. Batiller, Jr.In an April 2001 decision, the Supreme Court upheld the academic freedom of the University of the Philippines to choose its professors as against the application of a Civil [...]

VERBAL NOTICE OF CARD LOSS SUFFICES

By Atty. Gregorio Batiller Jr. Prompt notice by the cardholder to the credit card company of the loss or theft of his card should be enough to relieve the former of any liability occasioned [...]

WHAT YOU SOW IS WHAT YOU GET

The Manila METEOR October 3, 2001 Vol. I No. 517 By: Gregorio M. Batiller, Jr. Attorney L was the subject of an administrative complaint for Unethical Practices, Conflict of Interest and Disloyalty to Clients. [...]

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