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Commercial Law•Credit Transactions•Law School Notes

IDEALS, Inc. v. PSALM Corporation

Law School Notes - Case Digest
March 19, 2022 by RedTint No Comments

GR No. 192088, Oct. 9, 2012

FACTS: 

PSALM is a GOCC mandated by RA 9136 (Electric Power Industry Reform Act of 2001 or the EPIRA Law) to manage the orderly sale, disposition, and privatization of the assets of the National Power Corporation (NPC). In the discharge of its said duties, PSALM held a public bidding for the sale of AHEPP, a 246-MW hydroelectric power plant. After evaluating the submitted bids, PSALM awarded the sale to K-Water, a Korean company.

Petitioners filed for a petition with prayer for a temporary restraining order (TRO) and/or writ of preliminary injunction , they alleged that PSALM violated the constitutional provisions on the appropriation and utilization of water as a natural resource, as implemented by the Water Code of the Philippines limiting water rights to Filipino citizens and corporations which are at least 60% Filipino-owned.

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Commercial Law•Credit Transactions•Law School Notes

Republic vs. Vda. de Joson

Law School Notes - Case Digest
by RedTint No Comments

FACTS: 

The respondent filed application for land registration under  her name by alleging that she and her predecessors-in-interest had been in open, peaceful, continuous, uninterrupted and adverse possession of the land in the concept of owner since time immemorial. 

 However, at the initial hearing of the application, Fiscal Liberato L. Reyes interposed an opposition in behalf of the Director of Lands and the Bureau of Public Works. The Republic insist that the land was within the unclassified which were denominated as forest lands and thus was public land; and that it could not be acquired by prescription.

The CFI rendered its decision, ordering the registration of the land in favor of the respondent on the ground that she had sufficiently established her open, public, continuous, and adverse possession in the concept of an owner for more than 30 years.

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Commercial Law•Credit Transactions•Law School Notes

Yngson, Jr. vs. Philippine National Bank

Law School Notes - Case Digest
August 8, 2021 by RedTint No Comments

G.R. No. 171132. August 15, 2012

FINANCIAL REHABILITATION AND INSOLVENCY ACT OF 2010

FACTS

ARCAM & Company, Inc.  obtained a loan by respondent Philippine National Bank (PNB).To secure the loan, ARCAM executed a eal Estate Mortgage and a Chattel Mortgage. However, ARCAM defaulted on its obligations to PNB. Thus, PNB initiated extrajudicial foreclosure proceedings of the Real Estate Mortgage and Chattel Mortgage.

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Commercial Law•Credit Transactions•Law School Notes

Miles vs. Lao

Law School Notes - Case Digest
by RedTint No Comments

G.R. No. 209544. November 22, 2017.

MAIN TOPIC – Real Estate Mortgage

FACTS

Petitioners claimed that on March 28, 1983, they became registered owners in fee simple of a parcel of land in Makati City by TCT No. 120427. They averred that before they left for the United States, they entrusted the duplicate of the TCT of the subject property to their niece, defendant Rodora Jimenez (Rodora) so that she may offer it to interested buyers. 

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