During this time, Smokey Mountain, a wasteland in Tondo, Manila, are being made residence of many Filipinos living in a subhuman state. RA Build-Operate-Transfer Law was passed on July declaring the importance of private sectors as contractors in government projects. RBI won the bidding process. The latter together with the commercial area to be built on Smokey Mountain will be owned by RBI as enabling components.
Assistant City Prosecutor Dina P. Teves of the City of Manila charged petitioner and Benito Ong with two counts of estafa under separate Informations dated 11 October In Criminal Case No.
Isuzu Elof, 85 units 1-Beam assy. Isuzu Spz all valued at P2, Box ACQuezon City. Section 13 of the Trust Receipts Law which provides: If the violation is committed by a corporation, partnership, association or other juridical entities, the penalty provided for in this Decree shall be imposed upon the directors, officers, employees or other officials or persons therein responsible for the offense, without prejudice to the civil liabilities arising from the offense.
We hold Case digest g r no 171118 petitioner is a person responsible for violation of the Trust Receipts Law. The Trust Receipts Law is violated whenever the entrustee fails to: Hence, if the entrustee is a corporation, the law makes the officers or employees or other persons responsible for the offense liable to suffer the penalty of imprisonment.
The reason is obvious: Hence, the criminal liability falls on the human agent responsible for the violation of the Trust Receipts Law. On September 6,defendant Gregorio Limpin, Jr.
Said application was signed by defendant Limpin and Apostol Exh. The defendants acknowledged to have received in trust from the plaintiff Bank the merchandise covered by the documents and agreed to hold said merchandise in storage as the property of the Bank.
The defendants failed to comply with their undertaking under the Trust Receipt. Hence as early as March,demands were made for them to comply with their undertaking.
Thereafter, the corresponding Information was filed against the defendants. Defendant Lorenzo Sarmiento, Jr. WON private respondents have the right to institute a separate civil action against Sarmiento for civil liability? Being based on an obligation ex contractu and not ex delicto, the civil action may proceed independently of the criminal proceedings instituted against petitioners regardless of the result of the latter.
Ong, applied for a domestic commercial letter of credit with petitioner Pilipinas Bank hereinafter referred to as the bank to finance the purchase of aboutboard feet of "Air Dried, Dark Red Lauan" sawn lumber. The bank approved the application and issued Letter of Credit No.
To secure payment of the amount, BMC, through respondent Ong, executed two 2 trust receipts providing inter alia that it shall turn over the proceeds of the goods to the bank, if sold, or return the goods, if unsold, upon maturity on July 28, and August 4, On due dates, BMC failed to comply with the trust receipt agreement.
However, BMC and respondent Ong defaulted in the payment of their obligations under the rescheduled payment scheme provided in the MOA. The execution of the MOA constitutes a novation which "places petitioner Bank in estoppel to insist on the original trust relation and constitutes a bar to the filing of any criminal information for violation of the trust receipts law.
Moreover, the execution of the MOA precludes any criminal liability on their part which may arise in case they violate any provision thereof. This is reinforced by the fact that the mortgage contracts executed by the BMC survive despite its non-compliance with the conditions set forth in the MOA.
To induce the PBCom to increase the credit line of MICO, petitioners executed another surety agreement in favor of PBCom on July 28,whereby they jointly and severally guaranteed the prompt payment on due dates or at maturity of overdrafts, promissory notes, discounts, drafts, letters of credit, bills of exchange, trust receipts and all other obligations of any kind and nature for which MICO may be held accountable by PBCom Upon maturity of all credit availments obtained by MICO from PBCom, the latter made a demand for payment.
For the unpaid balance, PBCom then demanded the settlement of the aforesaid obligations from herein petitioners-sureties who, however, refused to acknowledge their obligations to PBCom under the surety agreements. Petitioners MICO and herein petitioners-sureties denied all the allegations of the complaint filed by respondent PBCom, and alleged that: It is clear that letters of credit, being usually bank to bank transactions, involve more than just one bank.
Consequently, there is nothing unusual in the fact that the drafts presented in evidence by respondent bank were not made payable to PBCom. A trust receipt is considered as a security transaction intended to aid in financing importers and retail dealers who do not have sufficient funds or resources to finance the importation or purchase of merchandise, and who may not be able to acquire credit except through utilization, as collateral of the merchandise imported or purchased.
Under a letter of credit-trust receipt arrangement, a bank extends a loan covered by a letter of credit, with the trust receipt as a security for the loan. The transaction involves a loan feature represented by a letter of credit, and a security feature which is in the covering trust receipt which secures an indebtedness.
On January 17,Joseph L. Chua, President of Fortune Motors Corporation, executed in favor of plaintiff-appellant a Continuing Suretyship Agreement, in which he "jointly and severally unconditionally" guaranteed the "full, faithful and prompt payment and discharge of any and all indebtedness" of Fortune Motors Corporation to BA Finance Corporation.
Rodrigueza and Joselito C. Baltazar, executed in favor of plaintiff-appellant a Continuing Suretyship Agreement in which, said corporation "jointly and severally unconditionally" guaranteed the "full, faithful and prompt payment and discharge of any and all indebtedness of Fortune Motors Corporation to BA Finance Corporation Folder of Exhibits, pp.
On the same date, South City Homes, Inc. Rodrigueza and Aurelio F. Tablante, likewise executed a Continuing Suretyship Agreement in which said corporation "jointly and severally unconditionally" guaranteed the "full, faithful and prompt payment and discharge of any and all indebtedness" of Fortune Motors Corporation to BA Finance Corporation.READ CASE DIGEST HERE.
Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. February 27, THE UNITED STATES, plaintiff-appellee, vs. . Sep 29, · The accused was convicted in violation of Sec. in connection to Sec. of the Revised Administrative Code as amended by Commonwealth Act No.
56 and further amended by R.A. 4. Respondent is a Master Sergeant of the Phil - Case Digest introduction. Air Force and the petitioners, Redentor Complate, employee of co-petitioner Elpidio Abaiad. Albayda was on his way to the office to report for duty, riding a bicycle, the taxi driven by Completo bumped and sideswiped him, causing serious physical injuries.
The Office. Oct 16, · g.r. no. march 3, maria jeanette c. tecson and felix b. desiderio, jr. ph-vs.comc, fpj and victorino x. fornier, g.r. no. march 3, Aug 04, · Criminal Law- People vs. Ladonga. This Case is in reference to the application of Art 8 and 10 of the Revised Penal Code If you need cases digested post them at the comments section w/ the information (i.e.
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View case digest 22 23 24 sherylle from LAW at Saint Louis University, Baguio City Main Campus - Bonifacio St., Baguio City. 22) Park Hotel vs. Soriano | G.R. No. FACTS: Soriano.