Pinoy Mobile Case Digests

FACTS:   Respondent M. Lhuiller has a branch in San Fernando, Pampanga and had installed its signage free from any obstacle. On the other hand, petitioner Visayan Electric Company is the only electric distribution company in San Fernando, Pampanga. When the Municipality of San Fernando, Pampanga commenced its road widening project, the Municipal engineer asked the petitioner to relocate its post as this will be affected by the said project. Petitioner relocated its post closer to the signage of M.Lhuiller with a distance of only inches between them. Because of the constant rubbing of the sagging wires of the petitioner with M. Lhuiller signage a fire broke out. As a result, the fire destroyed the properties of respondents Emilio Alfeche, Gilbert Alfeche, Emmanuel Manugas. When the respondents demands payment of indemnity for damages, the petitioner refused to pay. It denied its liability, arguing that the cause of fire was attributable to respondent M.Lhuiller, because by placing...

FACTS: Citigroup, a corporation duly organized under the laws of the State of Delaware engaged in banking and financial services. In 1970s, Citibank N.A., a wholly-owned subsidiary of petitioner, installed its first automated teller machines in over a hundred New York City branches. In 1984, Citibank N.A., Philippine Branch, began the development of its domestic Automated Teller Machine (ATM) network. Citibank Savings, Inc. became an indirect wholly-owned subsidiary of Citibank, N.A. The ATM cards issued by Citibank N.A., Philippine Branch and Citibank Savings, Inc. are labelled "CITICARD". In addition, petitioner or Citibank N.A., a wholly-owned subsidiary of petitioner, owns the following other trademarks currently registered with the Philippine [Intellectual Property Office], to wit: "CITI and arc design", "CITIBANK", "CITIBANK PAYLINK", "CITIBANK SPEEDCOLLECT", "CITIBANKING", "CITICARD", ...

FACTS: On July 30, 2008, Florentino appealed to the Office of the Director General of the Intellectual Property Office. This appeal's Verification and Certification of NonForum Shopping was signed by Atty. John Labsky P. Maximo (Atty. Maximo) of the firm Balgos and Perez. However, Florentino failed to attach to its appeal a secretary's certificate or board resolution authorizing Balgos and Perez to sign the Verification and Certification of Non-Forum Shopping. Thus, on August 14, 2008, the Office of the Director General issued the Order requiring Florentino to submit proof that Atty. Maximo or Balgos and Perez was authorized to sign the Verification and Certification ofNon-Forum Shopping. In his Order dated September 22, 2008, Intellectual Property Office Director General Adrian S. Cristobal, Jr. (Director General Cristobal) dismissed Florentino's appeal He noted that the Secretary's Certificate pertained to an August 14, 2008 Resolution issued by Florentino' ...

FACTS: On August 28, 2005, Royal Ferry Services Inc. filed a petition for Voluntary Insolvency before the Regional Trial Court of Manila. In its Petition stated therein, in the year 2000, the company suffered business losses. Efforts were made to revive its financial condition but failed. The business ceased its operations.   A special board meeting was held and was approved and authorized by the members of the board to allow the company to file a Petition for insolvency. In retrospect of the company, it is a corporation duly organized and existing under the Philippine Laws and was holding its principal business office address in Bangkal Street, Makati City but holds its Office at Room 203 at Bf condominium Building, Intramuros, Manila at the time the Petition was filed. On December 19, 2005, the Regional Trial Court of Manila issued an order, granting the petition declaring the Royal Ferry Services insolvent. The Court orders: 1.      ...

FACTS: Philippine Associated Smelting and Refining Corporation (hereafter PASAR) is a corporation duly organized and existing under the laws of the Philippines and is engaged in copper smelting and refining. On the other hand, Pablito Lim, Manuel Agcaoili and Consuelo Padilla (collectively referred to as petitioners) were former senior officers and presently shareholders of PASAR holding 500 shares each.   An Amended Petition for Injunction and Damages with prayer for Preliminary Injunction and/or Temporary Restraining Order, dated February 4, 2004 was filed by PASAR seeking to restrain petitioners from demanding inspection of its confidential and inexistent records.   On February 23, 2004, petitioners moved for the dismissal of the petition on the following grounds: 1) the petition states no cause of action; 2) the petition should be dismissed on account of litis pendentia; 3) the petition is a nuisance or harassment suit; and 4) the petition should be dismissed on ...

FACTS: Philippine Geothermal, Inc. Employees Union is a legitimate labor union that stands as the bargaining agent of the rank-and-file employees of Unocal Philippines. Unocal Philippines, formerly known as Philippine Geothermal, Inc., is a foreign corporation incorporated under the laws of the State of California, United States of America, licensed to do business in the Philippines for the “exploration and development of geothermal resources as alternative sources of energy.” It is a wholly owned subsidiary of Union Oil Company of California (Unocal California), which, in turn, is a wholly owned subsidiary of Union Oil Corporation (Unocal Corporation).   Unocal Philippines operates two (2) geothermal steam fields in Tiwi, Albay and Makiling, Banahaw, Laguna, owned by the National Power Corporation.   On April 4, 2005, Unocal Corporation executed an Agreement and Plan of Merger (Merger Agreement) with Chevron Texaco Corporation (Chevron) and Blue Merger Sub, Inc. (B...

FACTS: On August 13, 2004, petitioner ABS-CBN filed a criminal complaint against respondent GMA for (alleged) act of copyright infringement under Sections 177 and 211 of the Intellectual Property Code ( RA 8293, as amended ), because the respondent aired footage of the arrival and homecoming of OFW Angelo dela Cruz at NAIA from Iraq without the petitioner's consent. ABS-CBN stated that it has an agreement with Reuter's that the petition will contribute news and content that it owns and makes to Reuters in exchange of the latter's news and video material, and Reuters will ensure that ABS-CBN's materials cannot be aired in the country. The respondent was a subscriber of Reuter's and CNN live feeds. After it received the live feed of Angelo Dela Cruz's arrival and homecoming from Reuter's, it immediately aired the video from that news feed. The respondent alleged that its news staff was not aware that there was (a news embargo) agreement between ABSCBN an...

FACTS: E.I. Dupont Nemours is an American corporation, it is the assignee of inventors. In 1987, E.I. Dupont Nemours filed Philippine Patent Application No. 35526 for Angiotensin II Receptor Blocking Imidazole (losartan) treatment of hypertension and congestive heart failure. The patent application was handled by Atty. Nicanor D. Mapili (Atty. Mapili), a local resident agent. In 2000, E.I. Dupont Nemours' new counsel, Ortega, Del Castillo, Bacorro, Odulio, Calma, and Carbonell, sent the Intellectual Property Office a letter requesting that an office action be issued on Philippine Patent Application No. 35526. Patent Examiner The reconstituted documents provided no documents that will show that the authority to prosecute the instant application is now transferred to the present counsel. On May 29, 2002, E.I. Dupont Nemours replied to the office action by submitting a Power of Attorney, it also filed a Petition for Revival. In its Petition for Revival, E...

FACTS: On July 21, 1981, President Marcos issued Letter of Instructions addressed to the NDC, DBP, and the Maritime Industry Authority. To acquire 100% of the shareholdings of Galleon Shipping Corporation from its present owners. For the furtherance of the government’s policy to provide a reliable liner service between the Philippines and its major trading partners. The Shareholders filed a complaint stating that NDC, “without paying a single centavo, took over the complete, total, and absolute ownership, management, control, and operation of defendant [Galleon] and all its assets, even prior to the formality of signing a share purchase agreement, which was held in abeyance because the defendant NDC was verifying and confirming the amounts paid by plaintiffs to Galleon, and certain liabilities of Galleon to plaintiffs[.]” The Regional Trial Court upheld the validity of Letter of Instructions No. 1155 and the Memorandum of Agreement executed by NDC and Galleon’s stockholders...