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    The Insular Assurance Co., Ltd. vs. The Heirs of Jose H. Alvarez

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    This document summarizes three Supreme Court cases from Justice Marvic Leonen: 1) Insurers must prove fraudulent intent to rescind a policy for concealment, but not for false representations. One erroneous document does not prove fraud. 2) Corporation bylaws can specify proxy voting requirements. A homeowners association bylaw did not require notarized proxies. 3) Credit card companies must prove customers read and consented to terms before being bound, even if the card was used. Failure to prove consent means the customer isn't bound by the terms.

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    The Insular Assurance Co., Ltd. vs. The Heirs of Jose H. Alvarez

    Uploaded by

    vallie21
    69 views1 page
    This document summarizes three Supreme Court cases from Justice Marvic Leonen: 1) Insurers must prove fraudulent intent to rescind a policy for concealment, but not for false representations. One erroneous document does not prove fraud. 2) Corporation bylaws can specify proxy voting requirements. A homeowners association bylaw did not require notarized proxies. 3) Credit card companies must prove customers read and consented to terms before being bound, even if the card was used. Failure to prove consent means the customer isn't bound by the terms.

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    This document summarizes three Supreme Court cases from Justice Marvic Leonen: 1) Insurers must prove fraudulent intent to rescind a policy for concealment, but not for false representations. One erroneous document does not prove fraud. 2) Corporation bylaws can specify proxy voting requirements. A homeowners association bylaw did not require notarized proxies. 3) Credit card companies must prove customers read and consented to terms before being bound, even if the card was used. Failure to prove consent means the customer isn't bound by the terms.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    69 views1 page

    The Insular Assurance Co., Ltd. vs. The Heirs of Jose H. Alvarez

    Uploaded by

    vallie21
    This document summarizes three Supreme Court cases from Justice Marvic Leonen: 1) Insurers must prove fraudulent intent to rescind a policy for concealment, but not for false representations. One erroneous document does not prove fraud. 2) Corporation bylaws can specify proxy voting requirements. A homeowners association bylaw did not require notarized proxies. 3) Credit card companies must prove customers read and consented to terms before being bound, even if the card was used. Failure to prove consent means the customer isn't bound by the terms.

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    of 1

    2020.

    21 JUSTICE MARVIC LEONEN CASE DOCTRINES

    THE INSULAR ASSURANCE CO., LTD. vs. THE HEIRS OF JOSE H. ALVAREZ
    G.R. No. 207526 / October 03, 2018
    G.R. No. 210156 / October 03, 2018

    The Insurance Code dispenses with proof of fraudulent intent in cases of rescission
    due to concealment, but not so in cases of rescission due to false representations.
    When an abundance of available documentary evidence can be referenced to
    demonstrate a design to defraud, presenting a singular document with an erroneous
    entry does not qualify as clear and convincing proof of fraudulent intent. Neither does
    belatedly invoking just one other document, which was not even authored by the
    alleged miscreant.

    CEZAR YATCO REAL ESTATE SERVICES, INC. vs. BEL-AIR VILLAGE


    ASSOCIATION, INC.
    G.R. No. 211780 / November 21, 2018

    Section 47 (4) of the Corporation Code categorically states that private corporations
    may provide in their by-laws for the 'form of proxies of stockholders and members
    and the manner of voting them.' Consistent therewith, Section 89 of the same Code
    provides: '[u]nless otherwise provided by the articles of incorporation or by-laws, a
    member may vote by proxy in accordance with the provisions of the Code.' In
    addition, Section 30 of Resolution No. 770 of the HLURB Board of Commissioners
    (Framework for Governance of Homeowners Associations) states that (P)roxies shall
    be in writing and signed by the member. . . . There is no requirement that the same
    be notarized. Thus, the recognized rule and practice on proxy form is summarized as
    follows . . . the formalities of a proxy may be provided for in the [b]y-[l]aws. In the
    absence of any provision in the [b]y-laws, the proxy need not comply with the
    minimum requirements provided for in Section 58 . . . Hence the by-laws of BAVA is
    controlling insofar as execution of proxies is concerned . . . the entire [b]y-laws of
    BAVA readily reveals that nowhere therein is it required that the proxy forms be in
    any particular form, much less be in a public document or through a special power of
    attorney."

    SPOUSES RAINIER JOSE M. YULO vs. BANK OF THE PHILIPPINE ISLANDS


    G.R. No. 217044 / January 16, 2019

    When issuing a pre-screened or pre-approved credit card, the credit card provider
    must prove that its client read and consented to the terms and conditions governing
    the credit card's use. Failure to prove consent means that the client cannot be bound
    by the provisions of the terms and conditions, despite admitted use of the credit card.

    / Mercantile Law / 15

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