Beruflich Dokumente
Kultur Dokumente
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579
SECOND DIVISION.
580
580
Civil Procedure; During the trial of an action, the party who has
the burden of proof upon an issue may be aided in establishing his
claim or defense by the operation of a presumption, or, expressed
differently, by the probative value which the law attaches to a
specific state of facts; A presumption may operate against his
adversary who has not introduced proof to rebut the presumption.
During the trial of an action, the party who has the burden of
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581
Should not have been included as petitioner since the RTC granted
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Should not have been included as petitioner since the RTC granted
582
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business.
On the same day, Charles Lee requested for another
discounting loan/credit line of Three Million Pesos
(P3,000,000.00) from PBCom for the purpose of opening
letters of credit and trust receipts.
In connection with the requests for discounting
loan/credit lines, PBCom was furnished by MICO the
following resolution which was adopted unanimously by
MICOs Board of Directors:
RESOLVED, that the President, Mr. Charles Lee, and the VicePresident and General Manager, Mr. Mariana A. Sio, singly or
jointly, be and they are duly authorized and empowered for and in
behalf of this Corporation to apply for, negotiate and secure the
approval of commercial loans and other banking facilities and
accommodations, such as, but not
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mons could not be served on him inasmuch as his whereabouts are
unknown.
583
583
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584
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10
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585
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14
12
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586
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587
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Records, p. 440.
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588
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589
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31
590
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33
591
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592
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593
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594
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35
36
595
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596
ATTY. SANTOS:
Well, you are the one who is asking that.
ATTY. DURAN:
Your Honor, Im precisely want to show for the . . . (sic)
COURT:
But the amount covered by the current account of
defendant Mico Metals Corp. is the subject matter of
this case.
xxx
xxx
xxx
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xxx
xxx
597
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598
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39
Vintola v. Insular Bank of Asia and America, 150 SCRA 578, 583-
599
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43
600
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601
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602
Chua Siok Suy had full authority to negotiate and sign the
necessary documents, in behalf of MICO, for loans from
PBCom. Respondent PBCom therefore had the right to rely
on the said notarized Certification of MICOs Corporate
Secretary.
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603
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