Definition and nature of Warehouse Receipts Purpose of the Law Who may issue Warehouse Receipts Form and content of Warehouse Receipts Effect of omission of any of the essential terms Terms that cannot be included
1. To whom delivered
2. Kinds
3. Distinctions between a negotiable instrument and a negotiable warehouse receipt
4. Rights of a holder of a negotiable warehouse receipt as against a transferee of a nonnegotiable warehouse receipt
B. Duties of a warehouseman
Who is a warehouseman Principal obligations of a warehouseman Lawful excuses to deliver goods In case of misdelivery Altered receipts Liability of warehouseman
C. Warehousemans lien
Extent Loss and waiver of lien Enforcement
Other topics:
D. Negotiation and transfer of receipts
E. Criminal offenses
2. Trust Receipts Law Purpose of the Law Trust Receipts, Definition Trust Receipt Transaction, Definition Parties to a Trust Receipt Importance of Trust Receipts Difference of Trust Receipts and Letters Of Credit
A. Definition/concept of a trust receipt transaction 1. Loan/security feature 2. Ownership of the goods, documents and instruments under a trust receipt
B. Rights of the entruster
1. Validity of the security interest as against the creditors of the entrustee/innocent purchasers for value
C. Obligations and liability of the entrustee
1. Payment/delivery of proceeds of sale or disposition of goods, documents or instruments 2. Return of goods, documents or instruments in case of sale 3. Liability for loss of goods, documents or instruments 4. Penal sanction if offender is a corporation
D. Remedies available
Cases:
1. Development Bank of the Philippines v. Prudential Bank, G.R. No. 143772, Nov. 22, 2005 2. Landl & Company (Phil.) Inc., et al v. Metropolitan Bank, G.R. No. 159622, July 30, 2004 3. Anthony L. Ng v. People of the Philippines, G.R. NO. 173905, April 23, 2010
3. Letters of Credits A. Definition/concept
B. Governing laws
C. Nature of letter of credit
D. Parties to a letter of credit
1. Rights and obligations of parties
E. Basic principles of letter of credit
1. Doctrine of independence 2. Fraud exception principle 3. Doctrine of strict compliance
Cases:
1. Metropolitan Waterworks and Sewerage System v. Hon. Reynaldo B. Daway and Maynilad Water Services, Inc., G.R. No. 160732, June 21, 2004
2. Mico Metals Corp. v. Court of Appeals and Philippine Bank of Communications, G.R. No. 117914, Feb. 1, 2002
3. Transfield Philippines, Inc. v. Luzon Hydro Corporation, Australia and New Zealand Banking Group Limited and Security Bank Corporation, G.R. NO. 146717, Nov. 22, 2004