Dear all, Please answer the following questions and submit your answers by 12 noon tomorrow, March 22, 2014. The level of difficulty is very low, so I expect decent answers, well phrased and with legal basis. We will have class on Sunday, to finish SRC. Thank you. Best regards, MS DAHLIA SALAMAT 1. The President was invited as guest speaker in the commencement activities of the University of Western Visayas, since the event coincided with the groundbreaking of a new power plant in Aklan, the Secretary of DILG was sent in his behalf. The Secretary readily accepted the assignment. However, his schedule for the week would require him to fly from Manila to different parts of the country and back on a very tight schedule. A Piper PA-34-200 Seneca I was chartered from Benguet Mining Corporation for the Secretary to bring him to and from the places that he needs to visit. Aviator Air was paid the same rate normally charged by companies regularly engaged in the plane chartering business. In the charter agreement, Benguet Mining Corp. expressly disclaimed any responsibility for the acts or omissions of its pilots or for the defective condition of the plane’s engine. The Seneca I crashed and killed all the passengers. Results of the investigations disclose that the cause of the accident is pilot error. You are now consulted by the departed wife of the Secretary’s Aide on her recourse against Benguet Mining Corp. How would you reply to the said query? 2. A, as paying passenger , boarded a plane of IndoMalayAir, a duly authorized air carrier bound from Manila to Davao. En route to Davao, while flying over Palawan, the plane exploded and crashed, causing the death of all passengers on board. It was determined that the explosion was due to the explosive device contained in a suitcase by a Lebanese Passenger. The case was raffled to your sala, decide. 3. State the rules on limitation of liability for carriage of goods from a foreign port to the Philippines. 4. Citra Highway Corporation, a Malaysian Firm recently purchased of all the buses of Florida Bus Lines. The Makabayan Bloc in Congress issued a press statement that the said purchase should not be allowed by LTFRB for being unconstitutional. You were approached by Florida Bus Lines for your legal opinion on the matter, provide a concise LO on the matter. 5. Sometime in 1989, X was granted a credit line by H. Bank for a credit line of 8 Million Pesos. X availed of the credit line by making numerous drawdowns for the importation of raw materials, each drawdown being covered by a separate promissory note and trust receipt over the raw materials. When the notes became due, X offered to turn-over the imported materials arguing that the importation of raw materials under the credit line was with a grant option to them to turn over to the bank the imported raw materials should these fail to meet their manufacturing requirements. However, the bank refused to accept the materials, until the same was destroyed by fire that gutted the factory of X. X now claims that its obligation was extinguished with the destruction of the materials. H bank claims that X is still liable. Decide.
Posted on: Fri, 21 Mar 2014 10:15:29 +0000