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    Trial Memo Sample

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    Penn Angelo Rombo
    This document discusses a case involving the delivery of tobacco shipments from various trading entities to the Philippine Virginia Tobacco Administration (PVTA) through a central cooperative exchange (CCE). The tobacco was stored in CCE ramps awaiting inspection, grading, and weighing when a fire destroyed the shipments. The issue is whether PVTA should bear the loss, as the trading entities argue the shipments were under PVTA's control through CCE after delivery. The trading entities claim the contract was perfected upon delivery to CCE, and any delay in inspection was the fault of PVTA and CCE, not the trading entities. The document requests a ruling that PVTA be held liable for the loss.

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    Trial Memo Sample

    Uploaded by

    Penn Angelo Rombo
    43 views2 pages
    This document discusses a case involving the delivery of tobacco shipments from various trading entities to the Philippine Virginia Tobacco Administration (PVTA) through a central cooperative exchange (CCE). The tobacco was stored in CCE ramps awaiting inspection, grading, and weighing when a fire destroyed the shipments. The issue is whether PVTA should bear the loss, as the trading entities argue the shipments were under PVTA's control through CCE after delivery. The trading entities claim the contract was perfected upon delivery to CCE, and any delay in inspection was the fault of PVTA and CCE, not the trading entities. The document requests a ruling that PVTA be held liable for the loss.

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    Trial Memo sample

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    This document discusses a case involving the delivery of tobacco shipments from various trading entities to the Philippine Virginia Tobacco Administration (PVTA) through a central cooperative exchange (CCE). The tobacco was stored in CCE ramps awaiting inspection, grading, and weighing when a fire destroyed the shipments. The issue is whether PVTA should bear the loss, as the trading entities argue the shipments were under PVTA's control through CCE after delivery. The trading entities claim the contract was perfected upon delivery to CCE, and any delay in inspection was the fault of PVTA and CCE, not the trading entities. The document requests a ruling that PVTA be held liable for the loss.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    43 views2 pages

    Trial Memo Sample

    Uploaded by

    Penn Angelo Rombo
    This document discusses a case involving the delivery of tobacco shipments from various trading entities to the Philippine Virginia Tobacco Administration (PVTA) through a central cooperative exchange (CCE). The tobacco was stored in CCE ramps awaiting inspection, grading, and weighing when a fire destroyed the shipments. The issue is whether PVTA should bear the loss, as the trading entities argue the shipments were under PVTA's control through CCE after delivery. The trading entities claim the contract was perfected upon delivery to CCE, and any delay in inspection was the fault of PVTA and CCE, not the trading entities. The document requests a ruling that PVTA be held liable for the loss.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Preparatory Statement It is expressly provided in Paragraph 3 of Article 1480 of the New Civil Code that should a fungible things

    be sold for a price fixed according to weight, number, or measure, the risk shall not be imputed to the vendee until they have been weighed, counted or measured and delivered, unless the latter has incurred in delay. Clearly stated, the general rule has also been provided with an exception.

    Statement of Facts This case involves the delivery of different trading entities, my clients to the vendee, Philippine Virginia Tobacco Administration (PVTA) through the (Central Cooperative Exchange, Inc) CCE in the latter's redrying plant on various dates in 1963. The tobacco shipments of my clients that had long been in the ramps were burned while awaiting inspection, grading and weighing. The shipments, once received from trading entities such as my clients, were under the control of trading agent of PVTA, the CCE and not subject to withdrawal without its authority.

    Issue This memorandum will discuss : So the issue here is that WON the PVTA be considered as having accepted the tobacco shipments as of the fire and, therefore, should bear the loss.

    Arguments and Discussion -My side stands in the affirmative saying that my clients shipments had long been in the CCE ramps waiting to be inspected when they were burned. It is provided in article 1475 that the contract of sale is perfected at the moment there is a meeting of minds upon the thing and upon the price. Therefore, the moment the shipment was placed in the control and possession of CCE, the contract has already been perfected. This was also stressed in the case of La Fuerza, Inc. v. Court of Appeals through the then Chief Justice Concepcion. -Lastly, even so that par. 3 Of article 1480 states that things be sold for a price fixed according to weight, the risk shall not be imputed to the vendee until they have been weighed, unless the vendee has incurred in delay. It is worth to be emphasized that my clients shipments had long been in the ramps for inspection and were not inspected in due time before they were burned and the delay is traceable to the fault of the PVTA and CCE, whereas my clients themselves had done everything that was required of them by the PVTA regulations in order to have their tobacco inspected and paid for. It is clear that the vendee has incurred in delay.

    Prayer Wherefore, in view of the foregoing, we earnestly pray that this courts decision will be in favour of our side and that the Philippine Virginia Tobacco Administration be adjudged to be liable and bear the loss of the tobacco shipments. We also pray for such other relief and remedies that are just and equitable under the premises.

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