Professional Documents
Culture Documents
B. Patents
1. Patentable Inventions v non-patentable
– Sec 21, 22, 23; Sec 24 (prior art) Sec 26 (inventive step) , Sec 27 (industrial applicability)
2. Ownership, Grant and Limitations of a Patent
a) Right to a Patent – Sec 28
b) First-to-File Rule – Sec 29
c) Inventions Created Pursuant to a Commission – Sec 30.2
d) Application and Grant; Right of Priority – Sec 32.2; Sec 50
e) Acts that do not violate patent rights
– Sec 72.1, 72.2, 72.3, 72.4, 72.5
f) Prejudicial disclosure
Creser Precision Systems v CA 286 SCRA 13; Sec 25.1
Smith Kline v CA
C. Trademarks
1. Definition of Marks, Collective Marks, Trade Names – Sec 12;
Coffee Partners Inc v San Francisco Cofee and Roastery Inc. GR 169504 Mar 3, 2010
d) Aural effects
Dermaline v Myra Pharmaceuticals GR 190065 Aug 16, 2010
Del Monte Corp v Ca et al GR 78325 Jan 25, 1990, 181 SCRA 410;
Dev Bank of Rizal v Sima Wei 219 SCRA 736 Mar 9, 1993;
NIL Sec 16 states that when an instrument is no longer in the possession of the person who signed it and it is complete in its
terms a valid and intentional delivery by him is presumed until the contrary is proved.
b) Insertion of Date
c) Completion of Blanks
d) Incomplete but delivered Instrument – Sec. 14
Where instrument is incomplete but delivered; holder authorized to complete; right of holder in due course defeats claim that
instrument not filled up in accordance with authority given nor within a reasonable time
e) Incomplete but Undelivered Instrument – Sec. 15
Where an incomplete instrument has not been delivered it will not, if completed and negotiated, without authority be a valid
contract in the hands of any holder, as against any person whose signature was placed thereof before delivery
10. Where instrument is vague, rules on interpretation; doubt resolved in favor of negotiability *** – Sec. 17
11. Signature – Secs. 18 to 23
a) Signing in Trade Name
b) Signature of Agent; Procuration – Secs 20, 21
c) Indorsement by Minor or Corporation; other incapacitated persons
12. Forgery – Sec. 23
Forged signature no effect, exceptions;
San Carlos Milling v Bank of PI and China Banking 59 Phil 59;
B. Consideration – Secs 24 to 29
China Banking Corporation v Padilla et al GR 202532 Oct 21, 2015;
1. Disputable presumption that every party to an instrument acquired the same for a valuable consideration; find case – an illicit cause or
consideration does not adversely affect the negotiability of the bill especially in the hands of a holder in due course; – Sec 24
Pua v Spouses Benito Tong GR 198660 Oct 23, 2013 **
2. Value is an consideration sufficient to support a simple contract. A pre-existing debt constitutes value whether instrument is payable
on demand or in the future * – Sec 25
3. Failure of consideration v want of consideration * – Sec. 28
4. Accommodation Party – Sec. 29 ****
a) Who is an accommodation maker; accommodation drawer; accommodation acceptor; accommodation indorser
b) Accommodation party is liable even if holder knew him to be such;
Virata v Ng Wee et al GR 220926 Jul 5, 2017 (read only relevant portions of this case)
C. Negotiation – Secs 30 to 50
1. Modes of transfer
a) Issue – Sec 191
b) Negotiation – Sec 30
c) Assignment – Civil Code Arts 1624 to 1635
2. How negotiated ** – Sec. 30
a) by delivery
b) by indorsement completed by delivery
3. Kinds of Indorsements – Sec 31 to 44
a) Entire instrument must be indorsed; – Sec 32
Montinola v PNB 88 Phil 178
Is the payee a holder in due course, contrary view v affirmative view; is the drawee a holder in due course *****
4. Who is not a holder in due course; – Sec 53
Notice of defect, meaning of “good faith” – Sec 56
De Ocampo v Gatchalian 3 SCRA 596, 1961;
What are the rights of a holder in due course; real defenses v personal defenses; immediate, remote and prior parties; fraud in factum v
fraud in inducement; “shelter principle” a person, as long as he is not part of the fraud or illegal consideration, but stepped into shoes
of a holder in due course, acquires the rights of the latter ***
– Sec 57
5. When holder deemed a holder in due course *** – Sec 59
Allied Banking Corporation v Lim Sio Wan GR No 133179, Mar 27, 2008
BDO Unibank Inc. v Engr. Selwyn Lao GR 227005 Jun 19, 2017
Presentment requires personal face to face demand at proper place exhibiting the instrument to the maker or acceptor from whom
payment is demanded. *
Bills of Exchange *
Cashier check –
New Pacific Timber v Seneris 101 SCRA 686;
Manager’s check –
Tan v CA Dec 20, 1994 **;
Crossed check -
Chan Wan v Tan Kim 109 Phil 706
a) The drawee bank becomes liable to the drawer of the amount of the checks but the drawee bank in turn can seek reimbursement
from the collecting bank under Sec 66 NIL
Bank of America v Associated Citizens Bank ft 21 [leading case on collecting bank and drawee bank or sequential liability]
b) As distinguished from doctrine of comparative negligence which limits the extent of reparation that may be recovered by a
person who is guilty of contributory negligence
BPI v CA GR 102383 Nov 26, 1992
c) Where the drawee bank cannot seek reimbursement because it was negligent
Allied Bank v Lio Sim Wan GR No 133179, Mar 27, 2008
Bank of the Philippine Islands v. De Reny Fabric Indsutries, Inc. GR No. L-24821, October 16, 1970;
Feati Bank and Trust Company v. CA, GR 94209, April 30, 1991;
a) Definition and Nature of Letter of Credit – Article 567 of the Code of Commerce
HSBC vs. NSC et al GR No. 183486 February 24, 2016;
a) Loan/Security Feature
Land Bank v. Perez, et al, GR 166884, June 13, 2012;
Rosario Textile Mills Corporation v Home Bankers GR 137232 June 29, 2005
3. Liability for acts of employees and passengers – Arts 1759 and 1763
4. Void stipulations against liability* – Art 1744, 1745
i. Limitation of Liability to Fixed Amount *
– Art 1749; 1753 (applicable law)
ii. Limitation of Liability in Absence of Declaration of Greater Value
iii. Liability for Baggage of Passengers – Arts 1733 to 1753; 1754
Maritime Commerce – Code of Commerce Art. 3*
B. Kinds
i. Charter Party* – Art 652, 689;
Planters Products Inc v Ca et al 226 SCRA 476;
The Warsaw Convention* (Convention for the Unification of Certain Rules Relating to the International Carriage by Air) and Civil
Aviation Authority Act or RA 9497
a. Philippine Jurisprudence
Mapa v CA 275 SCRA;
B. Electronic Commerce Act of 2000 (R.A. No. 8792) and A.M. No. 01-7-01-SC or the Rules on Electronic Evidence
D. Financial Rehabilitation and Insolvency Act (FRIA) of 2010 (R.A. No. 10142)
1. State policy – Sec 2
2. Definitions – Sec 3
3. Types of Rehabilitation Proceedings – Sec 12, 13, 76, 90, 91, 94, 103, 105
4. Rehabilitation Receiver
5. Management Committee
6. Rehabilitation Plan – Sec 62
7. Cram Down Effect – Sec 69, 82 and 86
8. Commencement and Stay or Suspension Order – Sec 16, 21;
PAL v Sps Kurongking GR 146698 Sep 24, 2002;
Exceptions – Sec 18
9. Court intervention – Sec 25
10. Suspension of Payments– Sec 94, 95, 96 and 97
11. Liquidation
a) Voluntary or Involuntary Liquidation
b) Effects of the Liquidation Order – Sec 112, 113
12. Rights Of Secured Creditors – Sec 114
13. Cross-Border Insolvency – Sec 139, 140, 141