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 letterof credit in favor of the respondents in the amount of US$300,000 secured by real estate mortgages constituted over 4 parcels of land in […]
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 agree to settle their disputes arising from or connected with construction contracts, the CIAC acquires primary jurisdiction. It may resolve not only the merits
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 pains. It was then prescribed that he needed to take some oral suspension. But no amount of coaxing could convince the child to
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 marginal deposit. Sometime in July 1982, X Cement Corp. and its President Mr. G. Tan obtained from Y Bank a letter of credit
By: Gregorio M. Batiller, Jr. Where the shipowner fails to overcome the presumptionof negligence, the doctrine of limited liability cannot be applied In the recent case of Aboitiz Shipping Corp. vs. New India Assurance ltd. (G.R. No. 156978, May 2, 2006), the Supreme Court clarified the applicability of the doctrine of limited liability in maritime
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 otherwise are protected from examination or freezing under existing laws on secrecy of bank deposits. R.A. 1405 (“An Act Prohibiting Disclosure of or
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 my meeting, dismally appalled me. There were mounds after mounds of garbage just dumped on the islands-some even liberally spilling unto
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.
