Tuesday, May 22, 2012

Warehouse Receipts, To whom delivered


A warehouse receipt is a written acknowledgment by the warehouseman that he has received the goods described therein and holds the same for the person to whom it is issued or as the latter may order.

      It is a contract between the owner of the goods or the person authorized by the owner to transfer ownership or possession over the goods, on one hand, and the warehouseman, on the other hand, for the latter to store the goods and the former to pay the compensation for that service. A warehouseman is a person lawfully engaged in the business of storing goods for profit. 

A warehouse receipt is delivered:

1. To the person lawfully entitled to the goods
2. To the person named in a non-negotiable receipt or to his assignee
3. To the lawful holder of a negotiable receipt


Chief Justice Corona Finally Signs A Waiver But With A Condition


Chief Justice Renato Corona finally signed today a waiver of the secrecy of all of his peso and dollar accounts but with a catch and that is all members of the House of Representatives must likewise sign a similar waiver. Otherwise, he will not submit his signed waiver to the proper authorities. He made this statement during his three-hour opening statement before the impeachment court.

Chief Justice Walks Out
Right after concluding his preliminary statement, the Chief Justice immediately said that he wished to be excused and thereafter stood and left the session hall to the surprise of everyone. Everybody including the Presiding Judge Senate President Enrile and even the defense panel was startled by his actuation because he was not yet formally discharged or excused by the impeachment court in accordance with the impeachment rules.

Disrespectful
Last week after disclosing that the Chief Justice will take the witness stand, the defense counsels expressed their continuing appeal to the impeachment court as well as the prosecutors to accord Corona utmost respect on account of his being the highest magistrate of the land. Today, they got what they want. The impeachment court obviously gave the proper treatment to him. Despite this however Corona failed to reciprocate this act by immediately leaving the witness stand without the permission of the court considering that he has yet to be cross examined on his testimony—an act which is improper not only under the impeachment rules but also in ordinary court proceeding.

His final words “… the Chief Justice of the Supreme Court of the Philippines wishes to be excused” shows arrogance. Enrile said while admonishing defense counsel Cuevas that Corona is a lawyer and therefore he knows the proper decorum and as such he must give due respect to the impeachment court.

Effects of the “walk out”
He may be cited for contempt by the impeachment court motu proprio or upon motion of the prosecution. Also, his entire testimony may be expunged from the record on motion of the prosecution because they are not subjected to cross examination by the prosecution.

On national TV, he showed how to violate or ignore the law. If he can do this on the face of the entire Filipino people, how can he not do it when no one is watching?