Wednesday, June 10, 2015

What Is Suretyship?

Wednesday, June 10, 2015
Suretyship is a contractual relation resulting from an agreement whereby one person, the surety, engages to be answerable for the debt, default or miscarriage of another, known as the principal. The suretys obligation is not an original and direct one for the performance of his own act, but merely accessory or collateral to the obligation contracted by the principal. 

Nevertheless, although the contract of a surety is in essence secondary only to a valid principal obligation, his liability to the creditor or promise of the principal is said to be direct, primary and absolute; in other words, he is directly and equally bound with the principal

The surety therefore becomes liable for the debt or duty of another although he possesses no direct or personal interest over the obligations nor does he receive any benefit therefrom.

- Garcia, Jr. v. Court of Appeals, G.R. No. 80201, 20 November 1990, 191 SCRA 493, citing Sykes v. Everett, 167 NC 600 and Miners Merchants Bank v. Gidley, 150 WVa229, 144 SE 2d 711

Tuesday, May 19, 2015

Domingo vs. Reed

Tuesday, May 19, 2015
  • Respondent Guillermo Reed was an overseas contract worker from 1978 to 1986. 
  • He purchased from the GSIS on installment basis a 166 sq. m. property located at MRR Road, Mangahan, Pasig. 
  • Because he was working abroad, it was his wife, Lolita Reed, who paid the consideration to the GSIS. 
  • On July 9, 1986, TCT No. 58195 covering said property was issued by the Registry of Deeds for the Province of Rizal, Metro Manila in the name of Lolita Reed, married to Guillermo Reed.
  • Guillermo Reed had allowed his brother, Dominador, and the latter’s wife, Luz, to stay in the house constructed on his property. 
  • In December, 1991, Dominador and Luz Reed were summoned to the barangay in connection with the complaint for ejectment filed against them by Eduardo Quiteves, who claimed to be the owner of the lot where their house stands.
  • Guillermo denied having sold his property.
  • In view of the claims of Eduardo Quiteves and Alberta Domingo that they bought the subject property, Guillermo Reed made a verification with the Register of Deeds of Pasig. 
  • Guillermo discovered that his title over the subject property had been cancelled.
  • On March 8, 1994, Guillermo Reed filed a complaint for reconveyance of property against alleging that his wife, Lolita Reed, from whom he had been estranged, conspiring with the other [petitioners], except the Register of Deeds of Pasig.
  • Guillermo alleged that the SPA was a forgery, that he did not sign the SPA nor appear before the notary public because he was working abroad and that spouses Villanera and Domingo and Eduardo Quiteves are purchasers in bad faith because they knew, at the time they transacted with Lolita Reed, that he was working abroad and estranged from the latter.
  • The alleged purchasers said that Guillermo reed gave a written consent for the sale of the properties.
  • RTC ruled in favor of petitioners. CA reversed the RTC ruling.
  • CA said that  CA held that the vendees were not purchasers for value in good faith. 
  • As for Eduardo Quiteves, he was faulted by the CA for not having inquired into and investigated the authenticity and validity of the SPA shown to him by Lolita, evidencing her husband’s alleged consent to the sale of their conjugal property. 
  • CA declared the Deeds of Sale executed by Lolita in favor of Spouses Danilo and Alberta Domingo and Eduardo Quiteves null and void. 
  • It also ordered the cancellation of the TCTS issued in their favor; and the reinstatement of TCT No. 58195 in the name of Lolita Reed, married to Guillermo Reed, insofar as it covered the portions of the property sold to petitioners.

Concerned Lawyers v. Judge Pornillos

  • This is an administrative case filed by the concerned lawyers of Bulacan against Judge Pornillos.
  • According to the lawyers, Judge Pornillos committed several violations among which is non-compliance with Section 9 of Rule 30 of the Rules of Court.
  • An audit of the acts of the Judge was made and in the audit report, Judge Pornillos was asked to comment on why she designated Ms. Venus M. Awin, Officer-in-Charge/Branch Clerk of Court to receive evidence ex-parte despite the clear mandate of Sec. 9, Rule 30 of the Rules of Court, requiring that only Clerk[s] of Court who are members of the bar can be delegated to receive evidence ex-parte.

Friday, April 10, 2015

iprice: Legitimate E-Commerce Site for Online Shoppers

Friday, April 10, 2015
When it comes to shopping online, there are many factors that every customer must consider. One of the most important things to look into is whether or not the online shop is operated by a legitimate owner. Nowadays, anyone can easily create e-commerce sites without actually representing an actual business. In fact, the number of complaints about online scams has increased over the past few years. 

But there is no need to worry for there are also thousands of websites available that really serve the needs of their customers. These sites are reliable and trust-worthy not only in selling high quality items but also in delivering the orders on time. There are also some legitimate sites which provide coupons and discount codes that can help customers save big on their online purchases. 

If you are fond of shopping online, make sure that you know how to choose the right websites to visit. In this post, allow me to introduce iprice - your one stop shopping destination. Luckily, this website is 100% legit. 

In the home page of iprice, you can see several coupons, voucher and discount codes from various online shops in the Philippines. All you need to do is to click on the code and you will be re-directed on the product page of the online store. For example, if you see that Lazada offers 10% on all their electronic devices, then all that needs to be done is to click the photo of the coupon and in just a matter of seconds, you can already access the different electronic devices that are on sale at Lazada. 

Or you can also check the product pages at iprice and see what are the items that are currently on sale. Here is a sample:

The nice thing about iprice is that it only makes connections with online shops that are established in the country and are proven to be 100% reliable. Iprice also makes sure that they are available to provide great services to all their website visitors. At the same time, iprice enables online shoppers to subscribe on their newsletters for instant updates about the latest offers from different online stores.

Monday, February 16, 2015

Director of Lands vs. Tesalona

Monday, February 16, 2015
  • On June 23, 1971, Isabel, Consuelo and Serapia Tesalona filed an application for registration of five (5) parcels of land with the CFI of Quezon, Gumaca Branch. 
  • They alleged that they acquired the lands through succession from their mother Magdalena. 
  • They said that their great grand mother Maria Rosita Lorenzo acquired 7.4343 hectares of land located in Quezon under a possessory information title dated May 20, 1896 under the Royal Decree of February 13, 1894.
  • The Director of Lands through the Assistant Provincial Fiscal of Quezon filed his opposition to the application alleging that neither the applicants nor their predecessors-in-interest had sufficient title of the land applied for nor had they been in possession thereof for a period of at least thirty (30) years immediately preceding the filing of the application and that the same is public land.
  • Constancio dela Pena Tan likewise filed an opposition even as he supported the government's contention that the lands applied for are part of the public domain. Tan averred that he had possessed the land as lessee for a period of more than thirty five (35) years. She said that the lands were converted into fishponds and had been subject of a sales application sometime in 1963. 11 The application to purchase filed by Constancio is still pending before the Bureau of Lands.
  • After hearing, the trial court rendered judgment adjudicating Lot Nos. 3, 4 and 5 in favor of the applicants and declaring Lot Nos. 1 and 2 as owned by the government subject to the rights of the lessee, Constancio dela Pena Tan, pending the approval of his sales application.
  • The CA ruled that lots 1-5 should be registered under the names of Tesalona’s siblings.
  • The Director of lands filed the instant petition.

Tuesday, February 3, 2015

EY Industrial vs. Shen Dar

Tuesday, February 3, 2015

  • EY Industrial Sales is a domestic corporation engaged in the production, distribution and sale of air compressors.
  • Shen Dar is a Taiwan-based foreign corporation engaged in the manufacture of compressors.
  • From 1997-2004, EY Industrial imported air compressors from Shen Dar.
  • In 1997, Shen Dar filed a Trademark Application with the Intellectual Property Office (IPO) for the mark “Vespa” for the use of air compressors. It was approved in 2007.
  • In 1999, EY Industrial filed a Trademark Application also for the mark “VESPA” for the use of air compressors. It was approved in 2004.
  • Shen Dar filed a Petition for Cancellation of the Industrial’s EYES COR with the Bureau of Legal Affairs contending that: a. there was a violation of Section 123.1 (D) of the Intellectual Property Code which provides that: A mark cannot be registered if it is identical to a mark with an earlier filing or priority date. b. EY Industrial is only a distributor of the air compressors
  • On the other hand, EY Industrial alleged that it is the sole assembler and fabricator of VESPA air compressors since the early 1990s and that Shen Dar supplied them air compressors with the mark “SD” and not “VESPA”

Wednesday, January 28, 2015

How Does the 'Lemon Law' Work in California?

Wednesday, January 28, 2015
Nobody wants to be caught with a vehicle they have bought that doesn't work properly. Both new and used cars, trucks, RVs and motorcycles can sometimes have issues, and when you are the owner of such a thing, it is only right that you should want a replacement, free repairs, or compensation. In California, state law that has been in place since 1984 is designed to help you if you find yourself with a vehicle you have tried to fix numerous times without being able to get rid of the quality issues. Here we take a look at California’s lemon law and how you can use it if you have a faulty automobile.
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