Negotiable Instruments Law
Total Page:16
File Type:pdf, Size:1020Kb
Mercantile Law – Negotiable Instruments Law Case Digest DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW LIST OF CASES Negotiable Instruments Law A. Forms and Interpretation 1. Requisites of Negotiability Equitable Banking Corporation vs. the Honorable Intermediate Appellate Court and The Edward J. Nell Co., G.R. No. 74451, May 25, 1988 Juanita Salas vs. Hon. Court of Appeals and First Finance & Leasing Corporation, G.R. No. 76788 January 22, 1990 Metropolitan Bank & Trust Company vs. Court Of Appeals, Golden Savings & Loan Association, Inc., Lucia Castillo, Magno Castillo and Gloria Castillo, G.R. No. 88866, February 18, 1991 Caltex (Philippines), Inc. vs. Court of Appeals and Security Bank and Trust Company, G.R. No. 97753, August 10, 1992 Traders Royal Bank vs. Court of Appeals, Filriters Guaranty Assurance Corporation and Central Bank of the Philippines, G.R. No. 93397, March 3, 1997 Philippine National Bank vs. Erlando T. Rodriguez and Norma Rodriguez, G.R. No. 170325, September 26, 2008 People of the Philippines vs. Gilbert Reyes Wagas, G.R. No. 157943, September 4, 2013 2. Kinds of Negotiable Instruments Philippine Education Co., inc. vs. Mauricio A. Soriano, et al., G.R. No. L-22405, June 30, 1971 Firestone Tire & Rubber Company of the Philippines vs. Court of Appeals and Luzon Development Bank, G.R. No. 113236, March 5, 2001 Philippine National Bank vs. Erlando T. Rodriguez and Norma Rodriguez, G.R. No. 170325, September 26, 2008 Prudential Bank v. Commissioner of Internal Revenue (CIR), G.R. No. 180390, July 27, 2011 B. Completion and Delivery Ting Ting Pua vs. Spouses Benito Lo Bun Tiong and Caroline Siok Ching Teng, G.R. No. 198660, October 23, 2013 BENJAMIN EVANGELISTA v. SCREENEX, INC., represented by ALEXANDER G. YU, G.R. No. 211564, November 20, 2017, First Division, SERENO, C.J.: 1. Insertion of Date 2. Completion of Blanks 2 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Quirino Gonzales Logging Concessionaire, Quirino Gonzales and Eufemia Gonzales vs. Court of Appeals and Republic Planters Bank, G. R. No. 126568, April 30, 2003 Patrimonio vs. Gutierrez, 724 SCRA 636 2. Incomplete and Undelivered Instruments Ching vs. Nicdao, G.R. No. 141181, April 27, 2007 3. Complete but Undelivered Instruments Loreto D. de la Victoria, as City Fiscal of Mandaue City and in his personal capacity as garnishee vs. Hon. Jose P. Burgos, Presiding Judge, RTC, Br. XVII, Cebu City, and Raul H. Sesbreño, G.R. No. 111190, June 27, 1995 San Miguel Corporation vs. Puzon, Jr., G.R. No. 167567, 22 September 2010 Equitable Banking Corporation vs. Special Steel Products, June 13, 2012 Development Bank of Rizal vs. Sim Wei, 245 SCRA 374 ASIA BREWERY, INC. AND CHARLIE S. GO v. EQUITABLE PCI BANK (NOW BANCO DE ORO – EPCI, INC.), G. R. No. 190432, April 25, 2017, First Division, SERENO, C.J. C. Signature 1. Signing in Trade Name 2. Signature of Agent Philippine Bank of Commerce vs. Jose M. Aruego, G.R. Nos. L-25836-37, January 31, 1981 3. Indorsement by Minor or Corporation 4. Forgery Westmont Bank (formerly Associated Banking Corp.) vs. Eugene Ong, G.R. No. 132560, January 30, 2002 Associated Bank and Conrado Cruz, vs. Hon. Court of Appeals, and Merle V. Reyes, doing business under the name and style "Melissa’s RTW", G.R. No. 89802, May 7, 1992 Ramon K. Ilusorio vs. Court of Appeals, G.R. No. 139130, November 27, 2002 Bank of the Philippine Islands vs. Casa Montessori Internationale and Leonardo T. Yabut, G.R. No. 149454, May 28, 2004 Samsung Construction Company Philippines, Inc. vs. Far East Bank and Trust Company and Court of Appeals, G.R. NO. 129015, August 13, 2004 Philippine National Bank vs. FF Cruz and Company, G.R. No. 173259, July 25, 2011 Philippine Commercial International Bank vs. Balmaceda, G.R. No. 158143, September 21, 2011 3 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Metropolitan Waterworks & Sewerage System vs. Court of Appeals, 143 SCRA 20. D. Consideration Travel-On, Inc. vs. Court of Appeals and Arturo S. Miranda, G.R. No. L-56169, June 26, 1992 Remigio S. Ong vs. People of the Philippines and Court of Appeals, G.R. No. 139006, November 27, 2000 Charles Lee, Chua Siok Suy, Mariano Sio, Alfonso Yap, Richard Velasco and Alfonso Co vs. Court of Appeals and Philippine Bank of Communications, G.R. NO. 117913, February 1, 2002 Quirino Gonzales Logging Concessionaire, Quirino Gonzales and Eufemia Gonzales vs. Court of Appeals and Republic Planters Bank, G. R. No. 126568, April 30, 2003 Cayanan v. North Star International Travel Inc., G.R. No. 172954, October 5, 2011 E. Accommodation Party Ang Tiong vs. Lorenzo Ting, doing business under the name & style of Prunes Preserves MFG., & Felipe Ang, G.R. No. L-26767, February 22, 1968 GSIS vs. Court of Appeals, G.R. No. L-40824, February 23, 1989 People vs. Maniego (148 SCRA 30 [1987]) Town Saving and Loan Bank, Inc. vs. Court of Appeals (223 SCRA 459 [1993]) Gonzales vs. Phillippine Commercial and International Bank, GR No. 180257, February 23, 2011 F. Negotiation 1. Distinguished from Assignment Sesbreno vs. Court of Appeals (222 SCRA 466 [1993]) 2. Modes of Negotiation Ang Tek Lian vs. Court of Appeals, G.R. No. L-2516, September 25, 1950 Caltex (Philippines), Inc. vs. Court of Appeals and Security Bank and Trust Company, G.R. No. 97753, August 10, 1992 3. Kinds of Indorsements A. Rights of the Holder 1. Holder in Due Course Vicente R. De Ocampo & Co. vs. Anita Gatchalian, et al., G.R. No. L-15126, November 30, 1961 Juanita Salas vs. Hon. Court of Appeals and First Finance & Leasing Corporation, G.R. No. 76788 January 22, 1990 4 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Stelco Marketing Corporation vs. Court of Appeals and Steelweld Corporation of the Philippines, Inc., G.R. No. 96160 June 17, 1992 Bataan Cigar and Cigarette Factory, Inc. vs. the Court of Appeals and State Investment House, Inc., G.R. No. 93048, March 3, 1994 Atrium Management Corporation vs. Court of Appeals, et al., G.R. No. 109491, February 28, 2001 Cely Yang vs. Hon. Court of Appeals, Philippine Commercial International Bank, Far East Bank & Trust Co., Equitable Banking Corporation, Prem Chandiramani and Fernando David, G.R. No. 138074, August 15, 2003 2. Defenses Against the Holder RCBC SAVINGS BANK, Petitioner, - versus - NOEL M. ODRADA, Respondent. (G.R. No. 219037, SECOND DIVISION, October 19, 2016, CARPIO,J.) B. Liabilities of Parties 1. Maker Republic Planters Bank vs. Court of Appeals (216 SCRA 730 [1992]) 2. Drawer Myron C. Papa vs. A.U. Valencia & Co., Inc., et al., G.R. No. 105188. January 23, 1998 Bank of the Philippine Islands vs. Reynald R. Suarez, G.R. No. 167750, March 15, 2010 3. Acceptor Associated Bank and Conrado Cruz, vs. Court of Appeals, and Merle V. Reyes, doing business under the name and style "Melissa’s RTW", G.R. No. 89802, May 7, 1992 Westmont Bank (formerly Associated Banking Corp.) vs. Eugene Ong, G.R. No. 132560, January 30, 2002 Samsung Construction Company Philippines, Inc. vs. Far East Bank and Trust Company and Court Of Appeals, G.R. NO. 129015, August 13, 2004 Far Eastern Bank & Trust Company vs. Gold Palace Jewelry Company, 562 SCRA 604. Areza vs. Express Savings Bank, Inc., 734 SCRA 588 4. Indorser Ang Tiong vs. Lorenzo Ting, doing business under the name & style of Prunes Preserves MFG., & Felipe Ang, G.R. No. L-26767, February 22, 1968 Maria Tuazon vs. Heirs of Bartolome Ramos (463 SCRA 408 [2005]) Allied Banking Corporation vs. Bank of the Philippine Islands, GR. 188363, February 27, 2013 5 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Gonzales vs. Rizal Commercial Banking Corporation, 508 SCRA 459 Bank of the Philippine Islands vs. Court of Appeals, 326 SCRA 641 BDO UNIBANK, INC. v. ENGR. SELWYN LAO, doing business under the name and style "SELWYN F. LAO CONSTRUCTION" AND "WING AN CONSTRUCTION AND DEVELOPMENT CORPORATION" and INTERNATIONAL EXCHANGE BANK (now UNION BANK OF THE PHILIPPINES) (G.R. No. 227005, June 19, 2017, MENDOZA, J.) Metropolitan Bank and Trust Co. v. Junnel's Marketing Corp., G.R. Nos. 235511 & 235565, [June 20, 2018] 5. Warranties Associated Bank and Conrado Cruz, vs. Court of Appeals, and Merle V. Reyes, doing business under the name and style "Melissa’s RTW," G.R. No. 89802, May 7, 1992 C. Presentment for Payment Associated Bank and Conrado Cruz, vs. Hon. Court of Appeals, and Merle V. Reyes, doing business under the name and style "Melissa’s RTW," G.R. No. 89802, May 7, 1992 1. Necessity of Presentment for Payment International Corporate Bank vs. Gueco (351 SCRA 516 [2001]) 2. Parties to Whom Presentment for Payment Should Be Made 3. Dispensation with Presentment for Payment 4. Dishonor by Non-Payment D. Notice of Dishonor Jaime Dico vs. Court of Appeals and People of the Philippines, G.R. NO. 141669, February 28, 2005 1. Parties to Be Notified Lao vs. Court of Appeals, G.R. No. 119178, June 20, 1997 Ofelia Marigomen vs. People of the Philippines, G.R. No. 153451, May 26, 2005 Great Asian Sales Center Corporation and Tan Chong Lin vs. the Court of Appeals and Bancasia Finance and Investment Corporation, G.R. No. 105774, April 25, 2002 2. Parties Who May Give Notice and Dishonor Eliza T. Tan vs. People of the Philippines, G.R. No. 141466, January 19, 2001 6 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW 3. Effect of Notice Bank of the Philippine Islands vs. Reynald R. Suarez, G.R.