Chapter 1 Obligation – it is a tie or bond recognized by law by virtue of which one is bound in favour of another to render something. Juridical necessity – in case of non-compliance‚ the courts of justice may be called upon by the aggrieved party to enforce its fulfilment or‚ in default thereof‚ the economic value that it represents. Civil obligations – are obligations which give to the creditor or obligee a right under the law to enforce their performance in courts of justice. Natural obligations
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LAPU-LAPU VS. COURT OF APPEALS G.R. No. 126006 January 29‚ 2004 Petitioner: LAPULAPU FOUNDATION‚ INC. and ELIAS Q. TAN Respondents: COURT OF APPEALS (Seventeenth Division) and ALLIED BANKING CORP. Ponente: CALLEJO‚ SR.‚ J FACTS: In 1977‚ four loans from Allied Banking Corporation which is enclosed by four promissory notes amounting P100‚ 000 each was acquired by Elias Q. Tan‚ then President of Lapu-lapu Foundation‚ Inc. The bank was inhibited to file with the Regional Trial
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jurisprudence is wanting to the definite scope of “corporate tort.” Essentially‚ “tort” consists in the violation of a right given or the omission of a duty imposed by law. Simply stated‚ it is a breach of legal duty. PHILIPPINE NATIONAL BANK‚ petitioner‚ vs. THE COURT OF APPEALS‚ RITA GUECO TAPNIO‚ CECILIO GUECO and THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY‚ INC.‚ respondents. Medina‚ Locsin‚ Coruña‚ & Sumbillo for petitioner. Manuel Lim & Associates for private respondents. Facts: Rita
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FORMAT OF A CASE DIGEST TITLE: Include the petitioner and respondents of the case and the reference. Sometimes‚ students only include the Volume Number of the Supreme Court Reports Annotated (SCRA)/Philippine Reports (Phil) and the first page where the case appeared or written. Others only include the Gazette Record Number together with the Date of the case. Still‚ others include both. Others even add theponente or the justice that penned the case. FACTS: There is no need to include all the
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CIR vs PAL FACTS: PHILIPPINE AIRLINES‚ INC. had zero taxable income for 2000 but would have been liable for Minimum Corporate Income Tax based on its gross income. However‚ PHILIPPINE AIRLINES‚ INC. did not pay the Minimum Corporate Income Tax using as basis its franchise which exempts it from “all other taxes” upon payment of whichever is lower of either (a) the basic corporate income tax based on the net taxable income or (b) a franchise tax of 2%. ISSUE: Is PAL liable for Minimum Corporate Income
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Akamai Case Digest 1. Why did Akamai charge content providers and subsidize ISPs? Akamai Technology operated the content delivery network. Its first service‚ FreeFlow‚ facilitated the delivery of bandwidth-intensive page elements. A content provider could tag the object that it wanted to serve over the Akamai network. After tagging‚ websites could be over 10 times faster and be protected against sudden traffic bursts. FreeFlow could reduce the content providers’ payments to ISPs for bandwidth
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WEEK 9 – Agency distinguished from Sale (Art. 1458) Andres Quiroga vs Parsons Hardware Co. 38 Phil. 501 G.R. No. L-11491 Subject: Sales Doctrine: Contract of Agency to Sell vs Contract of Sale Facts: On Jan 24‚ 1911‚ plaintiff and the respondent entered into a contract making the latter an “agent” of the former. The contract stipulates that Don Andres Quiroga‚ here in petitioner‚ grants exclusive rights to sell his beds in the Visayan region to J. Parsons. The contract only stipulates that
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Case Digest PALE Soliman M. Santos‚ Jr. v. Atty. Francisco R. Llamas A.C. No. 4749 January 20‚ 2000 Misrepresentation and Non-payment of IBP Dues November 10‚ 2010 Facts: Complaint for misrepresentation and non-payment of bar membership dues. It appears that Atty. Llamas‚ who for a number of years now‚ has not indicated the proper PTR and IBP OR Nos. and data in his pleadings. If at all‚ he only indicated “IBP Rizal 259060” but he has been using this for at least 3 years already. On the
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DOLORES B. GUICO‚ ET AL.‚ plaintiffs and appellants vs. PABLO G. BAUTISTA‚ ET. AL.‚ defendants and appellees. Facts: • The petitioner in this case filed a case of partition despite the existence of debts of the decedent. Issue: The petitioner urges that their action for partition and liquidation may be maintained‚ notwithstanding that there are pending obligations of the estate‚ subject to the taking of adequate measures either for the payment or the security of its creditors. Is
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EASTERN SHIPPING LINES‚ INC.‚ vs. POEA (166 SCRA 533‚ G.R. No. 76633‚ October 18‚ 1988) FACTS: In this case‚ there was a certain Vitaliano Saco was Chief Officer of the M/V Eastern Polaris when he was killed in an accident in Tokyo‚ Japan on March 15‚ 1985. His widow sued for damages under Executive Order No. 797 and Memorandum Circular No. 2 of the POEA. The petitioner‚ as owner of the vessel‚ argued that the complaint was cognizable not by the POEA but by the Social Security System and should
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