Commercial Laws 1

 Commercial Law

LOAN

Cases: Contract of Loan

  1. Real Contract 
    1. Naguiat vs. Court of Appeals, G.R. No. 118375, October 3, 2003 . 
  2. Commodatum 
    • Commodatum is essentially gratuitous and temporary.
    1. Mina v Pascual, G.R. No. L-8321, October 14, 1913
    2. Republic Bank v. Bagtas, G.R. No. L-10614, October 25, 1962
    3. Colito T. Pajuyo v. Court of Appeals, G.R. No. 146364, June 3, 2004 (Art. 1937)
    4. U.S. v. Camara, G.R. No. 9459, October 19, 1914, 28 Phil 238-241
  3. Consumable goods may be subject of commodatum if the purpose of the contract is not the consumption of the object
    1. Producers Bank of the Philippines v Court of Appeals, G.R. No. 115324, February 19, 2003
  4. Can the bailee acquire ownership of the property by prescription?
    1. Heirs of Juanita Padilla v. Magdua, 630 SCRA 573 (2010)
  5. Mutuum
    • Borrower in mutuum acquires ownership
    1. Republic v. Sandiganbayan (First Division), G.R. Nos. 166859, 169203, 180702, April 12, 2011
    2. Chee Kiong Yam, et al., v. Hon. Nabdar J. Malik, et al., G.R. No. L-50550-52, October 31, 1979
    3. In re: Tomboco, G.R. No. 10900, October 8, 1917
  6. Bank deposits
    1. The Metropolitan Bank and Trust Company v. Rosales, G.R. No. 183204, January 13, 2014
    2. Tan Tiong Tick v. American Apothecaries, 65 Phil 414 (1938)
    3. Fulton Iron Works Co. v. China Banking Corporation, G.R. No. 32576, November 6, 1930
    4. Guingona v. City Fiscal of Manila, 128 SCRA 577 (1984)
      1. People of the Philippines v. Puig, G.R. No. 173654-765, August 28, 2008
      2. Gullas v. Philippine National Bank, 62 SCRA 519
    5. Interest 
      1. Eastern Shipping Lines, Inc. v. Court of Appeals, G.R. No. 97412, July 12, 1994, 234 SCRA 78
      2. Nacar  v. Gallery Frames, Inc., G.R. No. 189871, August 13, 2013
      3. PCI Leasing and Finance, Inc. v. Trojan Metal Industries Incorporated, et al.,  G.R. No. 1763281, December 15, 2010
      4. Sps. Mallari v. Prudential Bank, G.R. No. 197861, June 5, 2013
      5. Rey v. Anson, G.R. No. 211206, November 7, 2018
    6. Forbearance
      1. Estores v. Sps. Supangan, G.R. No. 175139, April 18, 2012
      2. Land Bank of the Philippines v. Onate, G.R. No. 192371, January 15, 2014, 713 SCRA 678
    7. Escalation Clause
      1. Silos v. Philippine National Bank, G.R. No. 181045, July 2, 2014
      2. Philippine Savings Bank v. Castillo, G.R. No. 193178, May 30, 2011, 649 SCRA 527, 538

    GUARANTY

    PLEDGE AND MORTGAGE
    1. Requisites of Mortgage
    2. Pactum Commissorium
    3. Right in rem
    4. After-incurred or future obligations/ Blanket mortgage or dragnet clause
    5. Mortgagee in good faith and bad faith
    6. Alternative Remedy
    7. Subject Matter
    8. After-Incurred or Future Obligations
    9. Blanket Mortgage or Dragnet Clause
    10. Mortgagee in Good Faith and in Bad Faith
    11. Banks as Mortgagees (Exception)
    • Land Bank of the Philippines v. Poblete, G.R. No. 196577, February 25, 2013
    12. Registration
    • Samanilla v. Cajucom, G.R. No, L-13683, March 28, 1960
    • Limpin, Jr. v. Intermediate Appellate Court, G.R. No. L-70987, June 30, 1987
    13. Judicial Foreclosure
    • Biaco v. Philippine Countryside Rural Bank, G.R. No. 161417, February 8, 2007
    • Gregorio Y. Limpin v. Intermediate Appellate Court, 166 SCRA 87
    14. Extrajudicial Foreclosure (Act No. 3135 entitled : An Act to Regulate the Sale of Property under Special Powers Inserted or Annexed)
    15. Redemption under Act No. 3135



    Definition,  Nature (Independence Principle), Parties

    When are letters of credit consummated?

    Rule of "strict compliance"

    Are letters of credit similar to contracts of surety?
    • MWSS vs. Hon. Reynaldo B. Daway, Judge RTC of QC, Br. 90 and Maynilad Water Sevices, Inc.  (GR No. 160732, June 21, 2004)

    Is a letter of credit an essential requisite of a contract of sale?
    • Johannes Schuback and Sons Phil. Trading Corp. vs. CA, Ramon San Jose, Jr. (GR No. 105387, November 11, 1993)

    Is acceptance of drafts by the buyer and applicant drawn to avail of the letter of credit necessary?
    • Prudential Bank vs. IAC, Philippine Rayon Mills, Inc. and Anacleto R. Chi (GR No. 74886, December 8, 1992)

    Exception to the Independence Principle on Irrevocable Standy Letter of Credit is when the call thereof by benecificary is wrongful orfraudulent
    •  Transfield Phils. vs. Luzon Hydro Corp. (443 SCRA 307, 2004)
        

    Nature of Entruster's Title

    Validity of entruster's security as against creditors

    Penalty Clause


    Novation of Agreement



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