Warranty against hidden defects or encumbrance in sales transactions

Hidden defects

The seller is responsible for warranty against the hidden defects which the thing sold may have, if they render it unfit for the use for which it is intended, or if they diminish its fitness for such use to such an extent that, had the vendee been aware thereof, he would not have acquired it or would have given a lower price for it.[1] The said vendor is not answerable for patent defects or those which may be visible, or for those which are not visible if the vendee is an expert who, by reason of his trade or profession, should have known them.[2]

Continue reading here.

Remedies of a Person with a Right to a Patent

Subject to the first to file rule, a person declared by final court order or decision as having the right to the patent may, within three months after the decision has become final:[1]

  • Prosecute the application as his own application in place of the applicant;[2]
  • File a new patent application with respect to the same invention;[3]
  • Request that the application be refused;[4] or
  • Seek cancellation of the patent, if one has already been issued.[5]

Continue reading here.

AT&T Communications Services Philippines, Inc. v. Commissioner of Internal Revenue

The taxpayer can file his administrative claim for refund or credit at anytime within the two-year prescriptive period. If he files his claim on the last day of the two-year prescriptive period, his claim is still filed on time. The Commissioner will have 120 days from such filing to decide the claim. If the Commissioner decides the claim on the 120th day, or does not decide it on that day, the taxpayer still has 30 days to file his judicial claim with the CTA.

G.R. No. 185969, 19 November 2014

The issues raised involved are as follows: (a) the interpretation of the 120 day rule for filing an administrative claim for refund or credit, and (2) the significance between a sales invoice and an official receipt as evidence for zero-related transactions.

Continue reading here.