G.R. No. 178788
United Airlines vs. Commissioner of Internal
Revenue
September 29, 2010
Facts:
International airline, petitioner United
Airlines, filed a claim for income tax refund. Petitioner sought to be refunded
the erroneously collected income tax from in the amount of P5,028,813.23 on passenger revenue from tickets sold in
the Philippines, the uplifts of which did not originate in the Philippines,
arguing that it...
Sunday, September 10, 2017
Wednesday, June 21, 2017
Case Digest: Ong vs. CA and Robles
G.R. no. 97347
Jaime Ong vs. Court of Appeals and Robles
couple
July 6, 1999
Facts:
Petitioner Jaime Ong and respondents, Robles
couple executed an “Agreement of Purchase and Sale” with regard to 2 parcels of
land, on which a rice mill and a piggery were found and thus included. The terms and conditions of the contract
included an initial payment, payment for the loan of the sellers including
interest, and the balance to be satisfied...
Case Digest: Go-tan vs. Tan
Sharica
Mari Go-Tan vs. Spouses Perfecto and Juanita Tan
G.R.
No. 168852
September
30, 2008
Facts:
Petitioner
Sharica filed a
Petition with Prayer for the Issuance of a Temporary Protective Order (TPO)
against her husband,Steven, and her parents-in-law, Spouses Perfecto C. Tan and
Juanita L. Tan (respondents) in violation of Section 5, paragraphs
(e)(2)(3)(4), (h)(5), and (i) of Republic Act (R.A.) No. 9262, otherwise known
as the "Anti-Violence...
Case Digest: People vs. Siera
Robert
Siera vs. People
G.R.
No. 182941
July
3, 2009
Facts:
Petitioner
was found guilty of qualified rape.
Ruling:
In
the case bar, the issue is no longer with regard to petitioner’s guilt but on
his entitlement of exemption from criminal liability under R.A. 9344 since
petitioner’s act of invoking such entitlement carried with it the admission of
guilt.
The
Court held that petitioner’s minority during the commission of the crime and
his...
Case Digest: People vs. Lalli
People
vs. Lalli, et al
G.R.
No 195419
October
12, 2011
Facts:
The
respondents were found guilty in the consolidated case for Illegal Recruitment
(Criminal Case no. 21930) and Trafficking in Persons.
Ruling:
The
Court ruled against respondents with respect to Criminal Case no. 21930 for
Illegal recruitment, reasoning that the inconsistency of the testimonies of
respondents was more substantive than that of Lolita’s which...
Case Digest: People vs. Jacinto
G.R. No. 182239,
March 16, 2011
PEOPLE OF THE
PHILIPPINES VS. HERMIE M. JACINTO,
Facts:
Appellant
Hermie Jacinto was found guilty beyond reasonable doubt for the rape of the
then 5-year-old victim. The crime was committed when appellant was only 17;
Judgment was rendered when appellant was already 25.
Issue:
Whether
or not, appellant may benefit from the provisions of RA9344 regarding criminal
liability of an accused who was a minor...
Caase Digest: DEL MONTE CORPORATION-USA, PAUL E. DERBY, JR., DANIEL COLLINS and LUIS HIDALGO, vs. MONTEBUENO MARKETING, INC., LIONG LIONG C. SY and SABROSA FOODS, INC.
G.R. No. 136154 February 7,
2001
DEL MONTE CORPORATION-USA, PAUL E. DERBY, JR., DANIEL COLLINS and LUIS HIDALGO, vs.
MONTEBUENO MARKETING, INC., LIONG
LIONG C. SY and SABROSA FOODS, INC.
RULING:
The Court ruled the validity of the
arbitration clause in the Contract between the contracting parties. However, the
Court held that provisions in a contract are binding only between...
Case Digest: Sea-land Service, Inc. vs. Court of Appeals
SEA-LAND SERVICE, INC., vs.
COURT OF APPEALS, A.P. MOLLER/MAERSK LINE and MAERSK-TABACALERA SHIPPING
AGENCY (FILIPINAS), INC.
[G.R. No. 126212. March 2, 2000]
FACTS AND RULING:
Florex was
suing in its complaint under the provisions of the bill of lading issued to it
by the principal carrier (AMML) and not the bill of lading issued by petitioner
as containership operator. Florex, therefore had a proper cause of action
against AMML....
Case Digest: HEIRS OF AUGUSTO L. SALAS, JR vs, LAPERAL REALTY CORPORATION, et al
[G.R.
NO. 135362. December 13,
1999]
HEIRS OF AUGUSTO L. SALAS,
JR vs, LAPERAL REALTY CORPORATION, et al
RULING:
The Court granted the petition by petitioners
regarding the dismissal of the latter’s complaint for rescission of several
sale transactions.
The court held that rescission is an
arbitrable issue, thus arbitration was necessary before a suit could be filed
in court. The Court likewise held that the respondents other...
Case Digest: BF Corporation vs. CA
G.R. No. 120105 March 27,
1998
BF CORPORATION vs. COURT OF APPEALS, SHANGRI-LA PROPERTIES, INC., RUFO B. COLAYCO, ALFREDO C.
RAMOS, MAXIMO G. LICAUCO III and BENJAMIN C. RAMOS
RULING:
The court sustained the Court of Appeals
decision against petitioner, BF Corporation. The court upheld the propriety of
the filing of the special civil action of certiorari by respondent, reasoning
that what was in question was the alleged premature...
Case Digest: ABS-CBN Broadcasting Corporation vs. World Interactive Network Systems (WINS) Japan Cp., Ltd.
G.R. No. 169332
ABS-CBN Broadcasting Corporation vs. World
Interactive Network Systems (WINS) Japan Cp., Ltd.
FACTS:
ABS-CBN filed a petition for review an
arbitrator’s decision in the Court of Appeals. Respondent, on the other hand,
filed a petition for confirmation in the RTC.
RULING:
It is the Regional Trial Court (formerly
Court of First Instance) that has jurisdiction over questions relating to
arbitration, including that of a...
Case Digest: Del Monte vs. CA
Del Monte vs.
CA
G.R. L-78325
FACTS:
Del Monte sued
respondent Sunshine Fruits Catsup for infringement, alleging that the latter
was using a label having colorable similarity to petitioner’s label. Petitioner
also assails the use of its bottles by respondent.
RULING:
The Court
found Sunshine Fruits Catsup guilty of infringement, ruling that the Sunshine
label is a colorable imitation of the Del Monte trademark. The Court stressed
that...
Case Digest: Philippine Refining co vs. Ng Sam and Director of Patents
Philippine
Refining co vs. Ng Sam and Director of Patents
G.R. No. L-26676 July 30, 1982
FACTS:
The sole issue raised in this petition for review of the decision of the Director of patents is
whether or not the product of respondent, Ng Sam, which is ham, and those of petitioner
consisting of lard, butter, cooking oil and soap are so related that the use of the same trademark
"CAMIA" on said goods would likely result in confusion as to...
Case Digest: Alexander & Co. vs Ang
Alexander & co vs. Ang
G.R. L-6706
May 31, 1955
RULING:
The Court found respondents guilty
of unfair competition for selling products (Aurora, Agatonica and
Mayflower threads) which were, upon examination, similar in appearance to
petitioner’s product (Alexander thread).
Citing jurisprudence, the court held that to rule ‘unfair competition’,
the names need not use the same words. What is to be borne is the use of
similar trademark...
Case Digest: PHILIPPINE REFINING CO., INC. vs. NG SAM and THE DIRECTOR OF PATENTS
RULING:
G.R. No. L-26676 July 30, 1982
PHILIPPINE REFINING CO., INC. vs. NG SAM and THE DIRECTOR OF PATENTS
FACTS:
The sole issue raised in this petition for review of the decision of the Director of patents is
whether or not the product of respondent, Ng Sam, which is ham, and those of petitioner
consisting of lard, butter, cooking oil and soap are so related that the use of the same trademark
"CAMIA" on said goods would likely...
Case Digest: Kho vs. CA
Kho vs CA
[G.R. No. 115758. March 19, 2002]
FACTS:
In the case at bar, the petitioner applied for
the issuance of a preliminary injunctive order on the ground that she is
entitled to the use of the trademark on Chin Chun Su and its container based on
her copyright and patent over the same. The respondents, on the other hand,
alleged as their defense that Summerville is the exclusive and authorized
importer, re-packer and...
Case Digest: 246 Corporation (Rolex Music Lounge) vs. Daway
G.R. No. 157216 November
20, 2003
246 CORPORATION, doing business under the name and style of ROLEX
MUSIC LOUNGE
vs.
HON. REYNALDO B. DAWAY, in his capacity as Presiding Judge of Branch 90 of
the Regional Trial Court of Quezon City, MONTRES ROLEX S.A. and ROLEX CENTRE
PHIL. LIMITED
FACTS:
Respondents
sued Petitioner for violation of the Trademark Law, contending that the use of
the mark “Rolex”...
Case Digest: Developers Group of Companies, Inc. vs. Shangri-la International Hotel Management, Inc
Developers Group of Companies, Inc. vs. Shangri-la International Hotel Management, Inc. et. al. CA- G. R. CVNo. 53351
FACTS:
Petitioner was the owner of the “Shangri-La” and
the “S” Logo since 1962 and is internationally well-known but is not doing
business in the Philippines since early 1980s. Respondent, on the other hand,
was the registered owner of the Shangri-la and S logo since 1983 and is using them since then.
Petitioner...
Case Digest: Philip Morris v. Court of Appeals and Fortune Tobacco corporation
G.R. No. 91332 July 16, 1993
PHILIP MORRIS, INC., BENSON & HEDGES (CANADA),
INC., AND FABRIQUES OF TABAC REUNIES, S.A.,petitioners
vs.
THE COURT OF APPEALS AND FORTUNE TOBACCO CORPORATION
Philip Morris v. Court of Appeals and Fortune Tobacco corporation
[GR 91332. July 16, 1993]
FACTS:
Respondent contends that petitioner was not in danger of
sustaining irreparable damage by the usage of the former of the product...
Case Digest: Asia Brewery vs. Court of Appeals
Asia
Brewery vs. CA
GR
103543, 5 July 1993
FACTS:
San
Miguel Corporation (SMC) filed a complaint against Asia Brewery Inc. (ABI) for
infringement of trademark and unfair competition on account of the latter's
BEER PALE PILSEN or BEER NA BEER product which has been competing with SMC's
SAN MIGUEL PALE PILSEN for a share of the local beer market.
RULING:
The Court ruled that petitioner ABI was
guilty of neither infringement nor unfair...
Case Digest: Mcdonalds vs L.C. Big Mak Burger
Mcdonald’s Corporation et.al. vs. L.C. Big
Mak Burger, Inc., et. al., G.R. No. 143993, August 18, 2004
FACTS:
The court ruled that the use of the
respondents of the “Big Mak” mark infringed the trademark of that of petitioner
McDonald’s “Big Mac”. Using the dominancy test, the court reasoned that both
marks are closely similar (visually and orally). The law prohibits usage of
marks which might cause confusion and mistake or might...
Case Digest: Ong Ai Gui vs. the Director of Patent Office, E.I. Du Pont De Nemours and Company
G.R. No. L-6235
March 28, 1955
ONG AI GUI alias TAN AI GUI, applicant-petitioner,
vs.the Director of the Philippines Patent Office, respondent.
E. I. DU PONT DE NEMOURS AND COMPANY, intervenor.
FACTS:
Applicant-petitionerTan
Ai gui filed an application with the Director of Patents for the registration
of the following tradename: "20th Century Nylon Shirts...
