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
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 declared null and void because it was sufficiently established that the marriage was solemnized without the requisite marriage license and it was not
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 Susan 1 sometime on June 20, 1969 and bore two (2) children out of their marriage; and Susan 2 on November 10, 1992
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), having been assessed by the City Government of Parañaque for the payment of Real Estate Taxes, sought refuge with the
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 for the present administration. They have not solved Nida Blanca’s murder. The Burnham couple have not yet been rescued and the
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 satisfied all requirements for graduation when such was not the case. Jose is a 4th year law student at the Z. University. He
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 their best products, instead they have vast amounts of personal data which they have creatively harnessed for their profit. Uber
