Favorite Bar Areas of Justice Ramon Paul L. Hernando [Part 5] Copyright law - no copyright infringement if it is  [a mere system or method]. (2011, Bar). - X, an amateur astronomer, stumbled upon what appeared to be a massive volcanic eruption in Jupiter while peering at the planet through his telescope. The following week, X, without notes, presented a lecture on his findings before the Association of Astronomers of the Philippines. To his dismay, he later read an article in a science journal written by Y, a professional astronomer, repeating exactly what X discovered without any attribution to him. Has Y infringed on X's copyright, if any? Ans. [ No, since no protection extends to any discovery, even if expressed, explained, illustrated, or embodied in a work.] (2011, Bar). - Apart from economic rights, the author of a copyright also has moral rights which he may transfer by way of assignment. The term of these moral rights shall last ANS. [during the author's lifetime and for 50 years after his death]. (2011, Bar). - Under the Intellectual Property Code, lectures, sermons, addresses or dissertations prepared for oral delivery, whether or not reduced in writing or other material forms, are regarded as [original works] (2011 Bar). Banking Act - A bank can be placed under receivership when, if allowed to continue in business, its depositors or creditors would incur  [probable losses]. (2011, Bar). EFG Foundation, Inc., a non-profit organization, scheduled an election for its six-member Board of Trustees. X, Y and Z, who are minority members of the foundation, wish to exercise cumulative voting in order to protect their interest, although the Foundation's Articles and By-laws are silent on the matter. As to each of the three, what is the maximum number of votes that he/she can cast? Ans.(6) [2011, Bar). - Banking Institution; Required diligence. (2016, 2011, Bar). - Maharlikang Pilipino Banking Corporation (MPBC) operates several branches of Maharlikang Pilipino Rural Bank in Eastern Visayas. Almost all the branch managers are close relatives of the members of the Board of Directors of the corporation. Many undeserving relatives of the branch managers were granted loans. In time, the branches could not settle their obligations to depositors and creditors. Receiving reports of these irregularities, the Supervising and Examining Department (SED) of the Monetary Board prepared a detailed report (SED Report) specifying the facts and the chronology of events relative to the problems that beset MPBC rural bank branches. The report concluded that the bank branches were unable to pay their liabilities as they fell due, and could not possibly continue in business without incurring substantial losses to its depositors and creditors. • May the Monetary Board order the closure of the MPBC rural banks relying only on the SED Report, without need of an examination? Explain. (3%) • If MPBC hires you as lawyer because the Monetary Board has forbidden it from carrying on its business due to its imminent insolvency, what action will you institute to question the Monetary Board’s order? Explain. (3%) (2009, Bar). - May a publicly listed universal bank own 100% of the voting stocks in another universal bank and in a commercial bank? ANS. [No, since under the law, the 100% ownership on voting stocks must be in either bank only]. (2011 Bar). Trust Receipt Law - civil and criminal liability for estafa. (2011, Bar). -Upon execution of a trust receipt over goods, the party who is obliged to release such goods and who retains security interest on those goods, is called the [entrustor]. (2011, Bar). Warehouse Receipt Law - The authorized alteration of a warehouse receipt which does not change its tenor renders the warehouseman liable according to the terms of the receipt [in its original tenor]. (2011, Bar). - The warehouseman's failure to comply with the statutory requirement of written notice to satisfy his lien, the sale of the 100 sacks of corn is [void] (2011, Bar). Public Service Act Under the Public Service Act, an administrative agency has the power to approve provisionally the rates of public utilities without a hearing in case of urgent public needs. The exercise of this power is [discretionary] (2011, Bar). [END OF PART 5] fb_@PhilJuris https://bit.ly/3hg0Zxc