sic itur ad astra

  Bernardo E. Villaluz agreed to sell 2,000 cubic meters of lauan logs at $27.00 per cubic meter to Axel Christiansen. Hanmi Trade Development, Ltd., de Santa Ana, California arranged for an Irrevocable Letter of Credit No. IC-46268 for $54,000.00 in favor of Villaluz, issued by Security Pacific National Bank of Los Angeles, California. The letter of credit was sent to Feati Bank and Trust Company (now Citytrust) with instructions to forward it to Villaluz. Feati Bank refused to negotiate with Villaluz due to the absence of a required certification from the buyer, Axel Christiansen. Villaluz filed a complaint for mandamus and specific performance against Christiansen and Feati Bank, seeking payment under the letter of credit. Is FEATI Bank liable under the letter of credit despite non-compliance by the beneficiary with the terms thereof? No FEATI Bank is not liable.  The letter merely provided that the petitioner "forward the enclosed original credit to the beneficiary." ...

Nuisances CASE TITLE: Smart Communications, Inc. vs. Aldecoa GR No/ Date : G.R. No. 166330. September 11, 2013. PONENTE : Leonardo-De Castro, J. CASE WITH THE SC: Petition for Review on Certiorari under Rule 45 PROCEDURAL ANTECEDENTS: RTC -  Abatement of Nuisance and Injunction CA - Appeal FACTS: Smart Communications, Inc. entered a lease with Florentino Sebastian on March 9, 2000, for a 300 sqm vacant lot in Barangay Vira, Roxas, Isabela. Petitioner, through Allarilla Construction, constructed a cellular base station with a 150-foot communications tower and a 25KVA diesel power generator. Surrounding the base station are houses, hospitals, clinics, and establishments, including properties of respondents. In May 23, 2000, respondents filed a complaint for abatement of nuisance and injunction alleging the following: The tower's height and structural weaknesses, drawing parallels to a similar tower collapse in 1998. Claimed health hazards due to noxious fumes and noise from the gene...