By: Gregorio M. Batiller, Jr. The Supreme Court recently came out with an amendment of Rule 140 of the Rules of Court regarding the discipline of Justices and Judges. The amendment enumerated the acts which would constitute serious, less serious and light charges. Of the serious charges, the ones that caught my eye were: a) […]
By: Gregorio M. Batiller, Jr. At issue in this action for recovery of damages arising from breach of contract of carriage is the amount of evidence needed to obtain a favorable judgment. Angel bought from United Airlines three VUSA tickets from himself, his wife and son to visit the cities of Washington DC, Chicago and
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 corporation. He alleged that sometime February 1987, M Corp. engaged his consultancy group for the purpose of obtaining government contracts of various projects.
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 and respondent entered into a contract whereby the latter would manufacture for the petitioners some 20,000 pieces of vinyl frogs and 20,000 pieces
CONTRACT FOR A PIECE OF WORK (AS DISTINGUISHED FROM A CONTRACT OF SALE) Read More »
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 pick up, the opposition has again resorted to destabilizing moves. But what’s there to worry if Pic Marcelo’s charges are merely fabricated? So
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 chairman Antonio issued in favor of Joey four (4) postdated checks in the total amount of P2M. Said checks were duly
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 to purchase, share and exchange needed space for cargo intheir respective containerships. Said agreement contained a provision on arbitration in the event that
ARBITRATION AS AN ALTERNATIVE MODE OF DISPUTE RESOLUTION Read More »
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 breach of an oral right of first refusal which was given them by the owner of the building. The RTC dismissed the complaint ruling
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 originally instituted a suit for annulment of sale against R Corp. (the buyer and its President, X) and Y (the Seller). The complaint
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 the doctrine of limited liability in maritime cases. The case involved a shipment of textiles transported from France, consigned to a Philippine company
