Commercial Law

Campbridge Waterproofing Systems, Inc. v. Greenseal Products [M] Sdn. Bhd. [January 22, 2025]

​The Supreme Court ruled that Campbridge’s registration of the “GREENSEAL” trademark was invalid. Greenseal Malaysia had prior use of the name globally, including in the Philippines since 2004. The Court emphasized that trade names of nationals from Paris Convention member states are protected without registration.

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Aguilar v. Bangko Sentral ng Pilipinas [January 14, 2025]

​In Aguilar v. Bangko Sentral ng Pilipinas, the Supreme Court upheld BSP’s authority to close banks without prior hearing if substantial evidence shows insolvency or potential losses to depositors. The Court ruled that only majority stockholders can challenge such actions within 10 days, ensuring prompt regulatory intervention.

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Malayan Insurance vs. Court of Appeals [September 26, 1988]

In this case, Sio Choy’s jeep, insured by Malayan Insurance for own damage and third-party liability, collided with a bus, causing injuries to passenger Vallejos. The Supreme Court ruled that both the insured (Sio Choy) and the insurer (Malayan Insurance) are solidarily liable to the victim, with the insurer entitled to reimbursement from the negligent third party’s employer, San Leon Rice Mill, Inc., through subrogation.

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Pioneer Insurance vs. Court of Appeals [July 28, 1989]

In this case, Pioneer Insurance paid a bond for Jacob Lim’s aircraft purchase and sought reimbursement from Lim and his co-indemnitors. However, since Pioneer had already recovered the amount from its reinsurer, the Supreme Court ruled that only the reinsurer could claim subrogation rights, dismissing Pioneer’s case.

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Sun Insurance vs. Court of Appeals [March 13, 1991]

In Sun Insurance vs. Court of Appeals, the Supreme Court ruled that the 12-month period to file a lawsuit for insurance claims starts when the insured receives the insurer’s initial denial. Requesting reconsideration doesn’t pause this period. Filing after this timeframe results in prescription, barring the claim.

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Cathay Insurance Co., Inc. vs. Court of Appeals [June 5, 1989]

In Cathay Insurance Co. vs. Court of Appeals, the Supreme Court ruled that insurers must pay claims within 90 days after the insured submits proof of loss. Unreasonable delays make insurers liable for double interest on the claim amount. The Court upheld the insured’s right to timely payment and penalties for insurer delays.

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Filipino Merchants vs. Court of Appeals [November 28, 1989]

In Filipino Merchants Insurance Co. vs. Court of Appeals, the Supreme Court held that under an “all risks” insurance policy, the insured only needs to prove the fact of loss or damage. The burden then shifts to the insurer to demonstrate that the loss was due to an excepted peril. In this case, the insurer failed to prove any exception, making it liable for the claim.

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Lea Mer Industries vs. Malayan Insurance [September 30, 2005]

In Lea Mer Industries vs. Malayan Insurance, the Supreme Court held that Lea Mer, as a common carrier, was liable for the loss of cargo when its vessel sank during a typhoon. The Court emphasized that common carriers must exercise extraordinary diligence and cannot solely attribute losses to fortuitous events without sufficient proof.

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Jarque vs. Smith Bell & Co. [November 11, 1930]

In Jarque vs. Smith Bell & Co., the Supreme Court ruled that an insurer is liable for general average contributions, even if the policy covers only “absolute total loss.” The Court emphasized that such liability arises from a quasi-contract implied by law, benefiting all parties with an interest in the vessel or cargo.

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