Page 387, footnote:
Page 442:
Page 457:
Saturday, January 31, 2015
Saturday typos, 31 January 2015
From The Corporation Code of the Philippines (Annotated),2013 Edition by De Leon and De Leon Jr.,
Page 387, footnote:
Page 442:
Page 457:
Page 387, footnote:
Page 442:
Page 457:
Sunday, January 25, 2015
Gokongwei's bid for SMC board seat
From page 451 and 452 of the book The Corporation Code of the Philippines (Annotated), 2013 Edition by De Leon and De Leon Jr. we have this paragraph:
The paragraph was referring to the case of Gokongwei (who practically owned Asia Brewery and a host of other companies) who tried to get elected to the Board of Directors of San Miguel Corporation after he had accumulated enough shares and proxies to get a seat. He was thwarted in his quest because SMC amended its by-laws to prohibit stockholders from competitor companies to be elected to its Board.
Now something seems wrong if we parse the first sentence of that paragraph from De Leon's book.
Could it be a that De Leon missed something? But turning to the cited jurisprudence, which can be accessed here, we find he was quoting just fine:
The paragraph was referring to the case of Gokongwei (who practically owned Asia Brewery and a host of other companies) who tried to get elected to the Board of Directors of San Miguel Corporation after he had accumulated enough shares and proxies to get a seat. He was thwarted in his quest because SMC amended its by-laws to prohibit stockholders from competitor companies to be elected to its Board.
Now something seems wrong if we parse the first sentence of that paragraph from De Leon's book.
Accordingly, a by-law {of San Miguel Corporation} which disqualifies a competitor {Gokongwei} from election to the board of directors of another corporation {X Corporation, etc.} has been held as valid and reasonable.Just why would it be valid and reasonable for a by-law of a certain corporation to prohibit anyone from a competitor to be elected to the Board of Directors of yet another corporation? How could Corporation A prohibit in its by-laws someone from Corporation B (or whatever) to be elected to the board of Corporation X (or whatever)?
Could it be a that De Leon missed something? But turning to the cited jurisprudence, which can be accessed here, we find he was quoting just fine:
Sound principles of public policy and management, therefore, support the view that a by-law which disqualifies a competition from election to the Board of Directors of another corporation is valid and reasonable. (Gokongwei Jr vs. Securities and Exchange Commission, G.R. No. L-45911, April 11, 1979)It seems we are left with a hanging question.
Saturday, January 24, 2015
Saturday typos, 24 January 2015
From The Corporation Code of the Philippines (Annotated), 2013 Edition by De Leon and De Leon Jr. -
Page 178:
Either drop "do not" or change "cannot" to "can".
Page 365:
Page 367:
Either paragraph can be dropped.
Page 178:
Either drop "do not" or change "cannot" to "can".
Page 365:
Page 367:
Either paragraph can be dropped.
Sunday, January 18, 2015
Sales tax and VAT same?
On page 401 of Reviewer on Taxation, 2014 Edition by Victorino C. Mamalateo we see this:
Mamalateo's reviewer is the most recommended by bar takers. So I got one. I have not read the beginning pages yet as I bought this only now when I am already taking Tax II. My professor, Neri Yu, is a fine guy and leans toward the government in his discussions. Natural for someone who works at the BIR, right?
So, is VAT a sales tax? Mamalateo does not discuss that.
Mamalateo's reviewer is the most recommended by bar takers. So I got one. I have not read the beginning pages yet as I bought this only now when I am already taking Tax II. My professor, Neri Yu, is a fine guy and leans toward the government in his discussions. Natural for someone who works at the BIR, right?
So, is VAT a sales tax? Mamalateo does not discuss that.
Saturday, January 17, 2015
Saturday typos, 17 January 2015
From Torts and Damages, 2013 Edition by Timoteo B. Aquino -
Page 59:
Page 67:
Page 76:
Page 81:
Page 59:
Page 67:
Page 76:
Page 81:
Sunday, January 11, 2015
Sunday misnomer, 11 Sunday 2015
From page 243 of Philippine Corporate Law, 2013 Edition by Villanueva & Villanueva-Tiansay:
Urban Dictionary has this meaning of ceasure:
Or did Villanueva mean this (from http://www.thefreedictionary.com/Ceasure):
Either way, I think it is a play on his first name.
Urban Dictionary has this meaning of ceasure:
Or did Villanueva mean this (from http://www.thefreedictionary.com/Ceasure):
Either way, I think it is a play on his first name.
Saturday, January 10, 2015
Saturday typos, 10 January 2015
From Torts and Damages, 2013 Edition by Timoteo B. Aquino:
Page 40,
Page 49,
Page 50,
Also on page 50,
Page 40,
Page 49,
Page 50,
Also on page 50,
Sunday, January 4, 2015
Tour of what?
Typos aside I can recommend Josephrally L. Chavez' book Tax 2 Revealed (A Guide to Passing the Bar) Volume II. The format is good. The font is well chosen. This is my go to textbook for Tax 2. I plan on getting his Tax 1 text later altho that seems to be missing from the Rex website. To publish a book this big in only 10 years of practice is quite an achievement.
I especially like his illustrations using the Beatles, my favorite band. Since Atty. Chavez is still young, perhaps his father is my contemporary and who may also be a Beatles fanboy.
Having said that I will now deal with a few items in the book.
On page 11,
I do not know what Prof. Chavez meant by "tour of discussion." There is no prior example on the internet.
Page 29 -
Freedictionary.com has this definition of scheduler:
which I think could be reworded thus:
I especially like his illustrations using the Beatles, my favorite band. Since Atty. Chavez is still young, perhaps his father is my contemporary and who may also be a Beatles fanboy.
Having said that I will now deal with a few items in the book.
On page 11,
I do not know what Prof. Chavez meant by "tour of discussion." There is no prior example on the internet.
Page 29 -
Freedictionary.com has this definition of scheduler:
And, finally, on page 86 we have this paragraph:
which I think could be reworded thus:
However, in the case of importation of taxable goods, whether or not made in the course of trade or business, the importer, whether individual or corporation, shall be liable to VAT imposed in Sec. 107 of the Code.Our Legal Writing class under Prof. Escobar would surely agree.
Saturday, January 3, 2015
Saturday typos, 3 January 2015
Hello 2015!
From Tax 2 Revealed (A Guide to Passing the Bar), Vol. II, 2014 Ed. by Josephrally L. Chavez, Jr.:
Page 4 -
Page 22 -
Page 27 -
From Tax 2 Revealed (A Guide to Passing the Bar), Vol. II, 2014 Ed. by Josephrally L. Chavez, Jr.:
Page 4 -
Page 22 -
Page 27 -
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