Uber Digests | Secured Transactions
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Secured Transactions

Arturo Flores vs Spouses Enrico and Edna Lindo

648 SCRA 772 – Civil Law – Family Code – Ownership, Administration, Enjoyment, and Disposition of Conjugal Property Mortgage of Real Property – Mutually Exclusive Remedies In October 1995, Edna […]

April 25, 2014

Spouses Ricardo Rosales and Erlinda Sibug vs Spouses Alfonso and Lourdes Suba

Civil Law – Secured Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial […]

March 2, 2014

Consolidated Bank and Trust Corporation vs Court of Appeals and L.C. Diaz and Company, CPA’s

Civil Law – Secured Transactions – Simple Loan – Relation between bank and depositor L.C. Diaz and Company (LC Diaz), an accounting firm, has a savings account with Consolidated Bank […]

February 25, 2014
 

La Insular vs Rafael Machuca Go-Tauco

Taxation – Tax Laws Do Not Impair Contracts  In 1913, La Insular and Manuel Nubla had a contract whereby Insular will deliver 2 to 5 boxes of cigarettes to Machuca […]

September 3, 2012
 

Spouses Eliseo Estares and Rosenda Estares vs Court of Appeals et al

Secured Transactions – Mortgage – Terms of Loan Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of […]

July 8, 2012

Fortune Motors (Phils.) Corporation vs Court of Appeals

267 SCRA 653 – Civil Law – Secured Transactions – Continuing Surety; Future Obligations In 1981, Joseph Chua and Edgar Rodrigueza executed separate surety agreements in favor of Fortune Motors […]

July 10, 2011

Imelda Nakpil vs Intermediate Appellate Court

225 SCRA 456 – Civil Law – Secured Transactions – Pactum Commissorium Carlos Valdes acquired title over a Baguio summer residence named Pulong Maulap but this was actually in behalf […]

July 10, 2011

Tan Chun Tic vs West Coast Life Insurance Co.

54 Phil. 361 – Civil Law – Secured Transactions – Pactum Commissorium – Mortgage On September 15, 1925, Go Chulian executed a mortgage in favor of Genoveva De Jayme over 2 […]

July 10, 2011
 

Gobonseng vs Unibancard Corporation

 Credit Card – Credit Card Fees –Interest Rate – Penalty Gobonseng subscribed for a credit card with Unicard. The credit limit was P10k a month. The terms of the subscription […]

November 21, 2010

Antonio Garcia vs Court of Appeals

258 SCRA 446 – Civil Law – Credit Transactions – Surety In 1980, Dynetics Inc., through its president, acquired a P25M export loan from Security Bank. In 1982, a credit […]

November 21, 2010
 

Spouses Bautista vs Pilar Development

Interest – Novation – CB Circular 905 In 1978, Bautista, a lawyer, acquired a loan (abt. P100k) from Apex Corp. The terms of the loan are: that interest rate […]

November 21, 2010
 

Bulos, Jr. vs Yasuma

Contracts – Dacion en Pago – Indebtedness – CB Circular 905 – Interest Rate In 1988, Bulos, Atty. Tabalingcos and Dr. Lim incurred a P2.5M loan from Yasuma, a Japanese […]

November 21, 2010
 

Gaw vs Court of Appeals

Contract of Adhesion – Contract Binds Parties – Pre-Need Plan Gaw bought a transferrable pre-need plan from Pacific Plans in 1982. The plan provides that in case of transfer, Pacific […]

November 21, 2010
 

Nicolas vs Del-Nacia Corporation

Land Purchase – Interest – Penalty Apart from Interest Spouses Nicolas bought a parcel of land in Bulacan from Del Nacia via an Agreement. It was agreed that the downpayment […]

November 20, 2010
 

Metrobank vs Spouses Tan

Mortgage – Redemption In 1974, the company co-owned by Tan, acquired a P250k loan from Metrobank. In 1976, the same company acquired another P150k loan from Metrobank. In 1979, it […]

November 20, 2010
 

Security Bank vs Makati RTC

Central Bank Circular No. 905 – Interest Rate – 12% Annum Interest Rate – Legal Rate In 1983, Eusebio acquired 3 separate loans from Security Bank amounting to P265k. The […]

November 20, 2010
 

Chua vs Timan

Interest Rate – Usurious Rates – 12% Per Annum Interest Rate – Central Bank Circular No. 905-82 – Legal Rate In February and March 1999 Chua loaned the Timans 6 […]

November 19, 2010
 

Selegna Management vs United Coconut

Mortgage – Default – Mora Solvendi – Extrajudicial Foreclosure – Right of Creditor On September 19, 1995, spouses Edgardo and Zenaida Angeles and Selegna Mgmt. acquired a P70 Million loan […]

November 19, 2010