Professional Documents
Culture Documents
The
evidence
presented
by
the
respondents through the testimony of Nio,
one of the respondents in this case, shows
that:
she is the daughter of Francisca
Ocfemia, a co-respondent in this
case, and the late Renato Ocfemia
(deceased)
the parents of her father, Renato
Ocfemia, were Juanita Arellano
Ocfemia and Felicisimo Ocfemia
her other co-respondents Rowena
O. Barrogo, Felicisimo Ocfemia,
Renato Ocfemia, Jr. and Winston
Ocfemia are her brothers and
sisters
Petitioner
Kue
Cuison
is
a
sole
proprietorship engaged in the purchase
and sale of newsprint, bond paper and
scrap while
Private respondent Valiant
Investment Associates, on the other hand,
is a partnership duly organized and existing
under the laws.
Modes of Extinguishment
A.
Johns, J.
CA
Ruling:
RTC dismissed.
CA dismissed. Nenita to refund the down
payment of 100,000 given by San Juan
Structural and Steel.
San Juan
(JANCES)
Structural
and
Steel
K.
2. Implied ratification
Issues:
A. WON the Deed of Definite Sale is in reality
an equitable mortgage
B. WON petitioner's property is liable to
PNB for the loans contracted by
Parangan by virtue of the special
power of attorney
Held:
1.
Issue:
1. WoN Shinko received the commissions
2. WoN
DRACOR
is
entitled
to
the
commissions on the Direct Sales of CMS to
Japanese buyers
Held:
1. Petition unmeritorious, no evidence. The
finding of fact was only based on a
summary from CMS itself.
Moreover, even if it was shown that Shinko did
in fact receive the commissions in question,
CMS is not entitled thereto since these were
apparently paid by the buyers to Shinko for
arranging the sale. This is therefore not part of
the gross sales of CMS's logs.
2.
Valenzuela v CA
Petitioner Arturo P. Valenzuela (Valenzuela for
short) is a General Agent of private respondent
Philippine
American
General
Insurance
Company, Inc. (Philamgen for short) since
1965. As such, he was authorized to solicit and
sell in behalf of Philamgen all kinds of non-life
insurance, and in consideration of services
rendered was entitled to receive the full
agent's commission of 32.5% from Philamgen.
From 1973 to 1975, Valenzuela solicited marine
insurance from one of his clients, the Delta
Motors,
Inc.
(Division
of
Electronics
Airconditioning and Refrigeration) in the
amount of P4.4 Million from which he was
entitled to a commission of 32% (Exhibit "B").
However, Valenzuela did not receive his full
commission which amounted to P1.6 Million
from the P4.4 Million insurance coverage of the
Delta Motors. During the period 1976 to 1978,
premium
payments
amounting
to
P1,946,886.00 were paid directly to Philamgen
and Valenzuela's commission to which he is
entitled amounted to P632,737.00.
Philamgen and its President, Bienvenido M.
Aragon insisted on the sharing of the
commission with Valenzuela at 50-50 sharing.
Valenzuela firmly reiterated his objection to the
proposals of respondents.
Because of the refusal of Valenzuela,
Philamgen and its officers took drastic action
against Valenzuela. They: (a) reversed the
commission due him by not crediting in his
account the commission earned from the Delta
Motors, Inc. insurance; (b) placed agency
transactions on a cash and carry basis; (c)
threatened the cancellation of policies issued
by his agency; and (d) started to leak out news
that Valenzuela has a substantial account with
Republic v Evangelista
Legaspi is the owner of a land located in Bigte,
Norzagaray, Bulacan. In November 1999,
petitioner Calimlim, representing the Republic
of the Philippines, and as then head of the
Intelligence Service of the Armed Forces of the
Philippines and the Presidential Security Group,
entered into a Memorandum of Agreement
(MOA) with one Ciriaco Reyes. The MOA
granted Reyes a permit to hunt for treasure in
a land in Bigte, Norzagaray, Bulacan.
On February 15, 2000, Legaspi executed a
special power of attorney (SPA) appointing his
nephew, private respondent Gutierrez, as his
attorney-in-fact. Gutierrez was given the power
to deal with the treasure hunting activities on
Legaspi's land and to file charges against those
who may enter it without the latter's authority.
egaspi agreed to give Gutierrez 40% of the
treasure that may be found in the land.
On February 29, 2000, Gutierrez filed a case for
damages and injunction against petitioners for
illegally entering Legaspi's land. He hired the
legal services of Atty. Homobono Adaza. Their
contract provided that as legal fees, Atty.
Adaza shall be entitled to 30% of Legaspi's
share in whatever treasure may be found in the
land. In addition, Gutierrez agreed to pay Atty.
Adaza P5,000.00 as appearance fee per court