2013 Mercantile Law Bar Questions and Answers
4. Questions about bar exams. Recommended answers to the civil law bar exams (2013)b. Multiple Choice Civil Law Bar Examinations (2013)c. University of the Philippines Law Center Suggested Answers in Civil Law (2014) d. Suggested answers to the civil law bar exams (2015) (A) The dismissal of the lawsuit for estafa is justified. According to recent case law, the Supreme Court has concluded that the transactions covered with respect to fiduciary receipts were primarily related to sales, and if the grieving person already knew before the conclusion of the alleged fiduciary receipt agreement that the goods that were the subject of the fiduciary document were never intended by the trustee for resale or the manufacture of items for sale, the agreement is not a fiduciary receipt transaction, but a simple loan, regardless of the label. In the present case, the object of the fiduciary document, spare parts for textile factories, was intended for the use of the trustee and was never intended for sale. As such, the transaction is a simple loan (Ng v.
People of the Philippines, G.R. No. 173905, April 2010, 619 SCRA 291; Land Bank v. Perez, G.R. No. 166884, June 2012, 672 SCRA 117: and Hur Ting Yang v. People of the Philippines, G.R. No. 195117, August 14, 2013, 703 SCRA 606). The doctrine of apparent authority prevents the company from denying the authority of the agent if it knowingly allows one of its officers or other agents to act within the framework of an obvious authority, and if it considers it authorized to perform these actions to the public (Advance Paper Corporation v. Arma Traders Corporation, G.R.
No. 176897, December 11, 2013, 712 SCRA 313). While RA No. 8293 removed the earlier requirement of proof of actual use before filing an application for registration of a mark, proof of earlier and continuous use is required to establish ownership of the mark. This ownership of the trademark confers the right to register the trademark. Since Chen owns the trademark, as evidenced by its actual and continued use before Clark Enterprises, it is Chen who has the right to register the trademark. Whether Clark was the first to use the brand here in the Philippines won`t matter. Chen`s earlier use of the mark in another country prevented Clark from applying for registration of the same mark. Moreover, a mere distributor does not own the trade mark for the goods it distributes and its right to the trade mark cannot prevail over the proprietor (E.Y.
Industrial Sales v. Shien Dar Electricity and Machinery, G.R. No. 184850, October 20, 2010, 634 SCRA 363; Ecole de Cuisine Manille v. Renaud Cointreau, G.R. n° 185830, 5 June 2013, 697 SCRA 345). and access to company documents is an internal dispute that does not constitute a continuation of commercial activity. The dissolution of the company simply prohibits it from continuing its activities.
In addition, in accordance with article 145 of the Company Code, no right or remedy in favour of or against a company, its shareholders, members, directors and officers may be eliminated or affected by the subsequent dissolution of the company. Dissolution does not automatically turn the parties into strangers or change their internal relationship with the company. It also puts an end to non-existent means arising from the parties` obligations under company law. The plea relating to an internal controversy within a company remains and must be filed as an internal dispute despite the subsequent dissolution of the company (Aguirre v. FQB +7, Inc., G.R. n° 170770, January 9, 2013, 688 SCRA 242). Philippine Bar Exams Commercial Law Questions and Answers 1990-2013 2013 BAR EXAMS COMMERCIAL LAW ESSAY QUESTIONS I. Antonio has published the following instrument: August 10,2013 Makati City P100,000.00 Sixty days after the date, me, Bobby or his designated representative promises the sum of ONE HUNDRED THOUSAND PESOS (P100,000.00) of my BPI Acct. No. 1234 if on this due date the sun still sets in the west to sound in the evening, and rises the next morning in the east to welcome the day.
(Sgd.) Antonio Reyes Explain any trading ability requirements that may or may not be present in the instrument.
