Statcon Digested Cases (Guide) Ch1&2
Statcon Digested Cases (Guide) Ch1&2
Statcon Digested Cases (Guide) Ch1&2
CONSTRUCTION
DIGESTS
CASE
CHAPTER 1 & 2
of
Bank
PNB v. CA
Case No. 238G.R. No. 98382 (May 17,
1993)
FACTS: To secure payments of his loans,
Private Respondent mortgages two lots to
Petitioner
bank. For
failure
to pay
the obligation, Petitioner bank extra judicially
foreclosed the mortgaged property and won
the highest bidder at the auction sale. Then, a
final deed of sale was registered in the Buacan
Registry of Property in favor of the Petitioner
bank and later sold the said lots to a third
party. The notices of sale of Appellants
foreclosed properties were published on March
28, April 11 and April 12, 1969 issues of the
newspaper Daily Record. The date March 28,
1969 falls on a Friday, while the dates April 11
and 12 fall on a Friday and Saturday,
respectively. Section 3 of Act No. 3135 requires
that the notice of auction sale shall be
published once a week for at least three
consecutive weeks.
ISSUE:
W/N the Petitioner bank complied with the requ
irements of weeklypublication of notice of
extrajudicial foreclosure of mortgages.
HELD: It must be conceded that that Article
13 is completely silent as to the definition
of what is week. In Concepcion v. Andueta,
the term week was interpreted to mean as a
period of time consisting of seven consecutive
days. The Defendant-Appellee bank failed to
comply with
publication
the
legal
requirement
of
Garvida vs Sales
271 SCRA 767
Law on Public Officers Ineligibility SK
Chairman Labo Doctrine Applied
424
of
the
Local
Caltex vs Palomar
Corpus Juris Secundum
FACTS: In 1960, Caltex announced its Caltex
Hooded Pump Contest. The aim thereof is to
let participants estimate the actual number of
liters a hooded gas pump at each Caltex
station dispense during a specified period. In
order to join, no fee or consideration is required
to be paid, no purchase of Caltex products
required to be made. Entry forms are to be
made available upon request at each Caltex
station where a sealed can will be provided for
the deposit of accomplished entry stubs.
Foreseeing the extensive use of the mails not
only as amongst the media for publicizing the
contest but also for the transmission of
communications
relative
thereto,
representations were made by Caltex with the
postal authorities for the contest to be cleared
in advance for mailing and to make sure that
the contest does not violate the anti-lottery
provision of the Revised Administrative Code.
39 SCRA 269
FACTS: The personalities involved: (1) Republic
Flour
Mills
(petitioner)
is
a
domestic
corporation engaged in the manufacture of
wheat flour and in the process of milling said
product, produces pollard (darak) and bran (ipa); (2)
Respondents are the Commisioner of Customs and the
Court
of Tax
Appeals.
The complaint: Petitioner questions respondent
s decision to charge thecorporation P7,948 in
wharfage dues on exported pollard and/or bran
.Petitioner paid this amount in protest.
Petitioner sent the case to Court of
Tax Appeals who decided in favour of responde
nt (sustained the actions of theCommissioner
of Customs). Petitioner elevated the mat
ter to the SC andrequested that the decision of
the Court
of
Tax
Appeals
be
reviewed.P e t i t i o n e r c l a i m s : S e c t i o n 2 8 0
2 o f t h e Ta r i ff C u s t o m C o d e ( w h i c h
w a s respondents basis for the collection of wharfage
dues) is not applicable in the case at bar because
the bran and pollard are actually not
"products of the Philippines" because they
came from wheat grain which were imported
from abroad.
ISSUES: Is respondent liable for wharfage dues on its
exportation of bran and pollard as they are not "products
of the Philippines?
HELD: The SC denied the petition; It re-affirmed the
Court of Tax Appeals decision. Rationale: The
petitioner erred in its construction of the Act.
As per section2802 of the Tariff and Custom Code,
"There shall be levied, collected and paid on all articles
imported or brought into the Philippines, and on
products of the Philippines exported from the
Philippines, a charge of two pesos per
gross metric ton as a fee for wharfage. The meaning
and intent of the Act is precisely to collect tariffs on
anything imported and exported to and from the
Philippines.
U.S. v. Ang Tang Ho
Case No 295G.R. No. 17122 (February
27, 1922)
FACTS:
Respondent was charged for violating E.O. 53
(which fixes the ceiling price at which rice may
be sold) when he sold rice at a price greater
than that fixed by law. E.O. 53 follows Act
No. 2868 which penalizes monopoly and
hoarding of product under extraordinary
circumstances. Respondent contends tha
t the Legislature has not defi ned any
basis for the order but has left it to the
discretion
of
the
Governor General.
Without leaving the discretion to say which
and
was