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Fiduciary Nature of the Bank-D…

Does the fiduciary nature of the bank-depositor relationship convert the contract between banks and depositors to a trust agreement?   No, thus, failure by the bank to pay the depositor is failure to pay simple lo...

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Mandamus in Deposit

In the enforcement of obligations concerning deposit, will the remedy of mandamus lie?   No, because all kinds of deposit are loans. Thus, the relationship being contractual in nature, mandamus cannot be availed o...

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Nature of a Bank Deposit

What is the nature of a bank deposit?   All kinds of bank deposits are loan. The bank can make use as its own the money deposited. Said amount is not being held in trust for the depositor nor is it being kept for ...

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Anonymous Bank Account

Is an anonymous bank account prohibited?   General Rule: Anonymous accounts or those under fictitious names are prohibited. (R.A. 9160 as amended by by R.A. 9194; BSP Circular No. 251, July 21, 2000)   Exceptio...

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Encashing a Check Without the …

Is the bank liable when an employee encashed a check without the requisite of endorsement?   Yes. The fiduciary nature of the relationship between the bank and the depositors must always be of paramount concern. (...

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Teller Gave the Passbook to a …

What is the effect when the teller gave the passbook to a wrong person?   If the teller gives the passbook to the wrong person, they would be clothing that person presumptive ownership of the passbook, facilitatin...

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diligence required of banks in…

What is the degree of diligence required of banks in handling deposits?   Extraordinary diligence. The appropriate standard of diligence must be very high, if not the highest, degree of diligence; highest degree o...

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Granishment of Bank Deposits

Does garnishment of a bank deposit violate the law?   No, the prohibition against examination does not preclude its being garnished for satisfaction of judgment. The disclosure is purely incidental to the executio...

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Mellon Bank, N.A. v. Magsino, …

In an action filed by the bank to recover the money transmitted by mistake, can the bank be allowed to present the accounts which it believed were responsible for the acquisition of the money?   Yes, R.A. 1405 all...

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Bank to Disclose Records on Un…

Can a bank be compelled to disclose the records of the accounts of a depositor under the investigation for unexplained wealth?   Since cases of unexplained wealth are similar to cases of bribery, dereliction of du...

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Lipana v. Development Bank of …

Can a final and executory judgment against an insolvent bank be stayed?   Yes, after the Monetary Bank has declared that a bank is insolvent and has ordered it to cease operations, the assets of the insolvent bank...

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Promissory Estoppel

What is the rule of promissory estoppel?   The doctrine was applied in one case where the SC held that the CB may not thereafter renege on its representation and liquidate the bank after majority stockholders of t...

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SUGGESTED ANSWERS …

ANSWERS TO BAR EXAMINATION QUESTIONS IN POLITICAL LAW ARRANGED BY TOPIC (1990 – 2006) Edited and Arranged by:Silliman University College of Law Batch 2005Updated by:DondeeD’ BAR-Retake 2007 From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & PHILIPPINE ASSOCIATION OF LAW SCHO...

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Oral Defamation l S…

Kinds and Definition of Slander or Oral Defamation   Definition: Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood   Two kinds of oral or verbal defamation: (1) Grave Slander (2) Simple Slander   A. Factor...

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Article I – THE NAT…

Article I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1) the Philippine archipelago;2) all other territories over which the Philippines has sovereignty or jurisdictionPHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of...

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ANSWERS TO BAR EXA…

ANSWERS TO BAR EXAMINATION QUESTIONS IN LABOR LAW & SOCIAL LEGISLATION ARRANGED BY TOPIC (1994 – 2006)Edited and Arranged by: Atty. Janette Laggui-Icao and Atty. Alex Andrew P. Icao (Silliman University College of Law)July 26, 2005Updated by:Romualdo...

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Traffic Violation R…

When a passenger jeepney, insured but with an authorized driver’s clause and was driven by a driver who only holds a Traffic Violation report (TVR) because his license was confiscated, met an accident, may the owner of the jeepney claim from the insu...

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GUARANTY GENERALLY …

GUARANTY GENERALLY GRATUITOUSArticle  2048.    A  guaranty  is  gratuitous  unless  there  is  a stipulation to the contrary.    >     General rule: a guaranty is gratuitous >     Except when there is a stipulation to the contrary  WHAT IS THE CAUSE ...

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Right to Strike

SSSEA v. CA – right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited form striking by express prohi...

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People vs. Tolentin…

G.R. No. 176385, February 26, 2008 FACTS: On 13 February 1998, three separate informations of Murder and two counts of Frustrated Murder were filed before the RTC against appellants, together with accused Jimmy Trinidad and Arnel Trinidad. The murd...

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Perfection Of A Con…

In Oesmer, Jr., et al. v. Paraiso Dev. Corp., G.R. No. 157493, February 5, 2007, a contract to sell was entered into by the owners of a real property. They affixed their signatures but contested its validity later contending that their co-owner had n...

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