Case Analysis

Expired Gravy

I. Problem
The expiration of gravy and the possible effect to the customers
II. Case Facts

2.1. The respected and trusted food chain business.

2.2. The unchecked expiration date of gravy that made by Emo.
2.3. The decision of the Store Manager to keep it secret to the
customer.

III. Alternative Course of Action

3.1. ACA 1 – Republic Act No. 7394 The Consumer Act of the Philippines
Article 10

Art. 10. Injurious, Dangerous and Unsafe Products. Whenever the departments find, by
their own initiative or by petition of a consumer that a consumer product is found to be
injurious, unsafe or dangerous, it shall, after due notice and hearing make the appropriate
order for its recall prohibition or seizure from public sale or distribution. Provided that in
the sound discretion of the department it may declare a consumer product to be
imminently injurious, unsafe or dangerous, and order is immediate recall, ban or seizure
from public sale or distribution, in which case, the seller, distributor, manufacturer or
producer thereof shall be afforded a hearing within forty-eight (48) hours from such
order.

The ban on the sale and distribution of a consumer product adjudged injurious, unsafe or
dangerous, or imminently injurious, unsafe or dangerous under the preceding paragraph
shall stay in force until such time that its safety can be assured or measures to ensure its
safety have been established.

3.2 ACA – Republic Act No. 7394 The Consumer Act of the Philippines
Article 11 par 1

Art. 11. Amendment and Revocation of Declaration of the Injurious, Unsafe or

Dangerous Character of a Consumer Product.
Any interested person may petition the appropriate department to commence a
proceeding for the issuance of an amendment or revocation of a consumer product safety
rule or an order declaring a consumer product injurious, dangerous and unsafe.

In case the department, upon petition by an interested party or its own initiative and after
 due notice and hearing, determines a consumer product to be substandard or materially
defective, it shall so notify the manufacturer, distributor or seller thereof of such finding
and order such manufacturer, distributor or seller to;
(a) give notice to the public of the defect or failure to comply with the product safety
standards; and (b) give notice to each distributor or retailer of such product.

3.3 ACA 3 – Republic Act No. 7394 The Consumer Act of the Philippines
Article 11 par 2

The department shall also direct the manufacturer, distributor or seller of such product to
extend any or all of the following remedies to the injured person:
(a) to bring such product into conformity with the requirements of the applicable
consumer product standards or to repair the defect in order to conform with the same;
(b) to replace the product with a like or equivalent product which complies with the
applicable consumer product standards which does not contain the defect;
(c) to refund the purchase price of the product less a reasonable allowance for use; and
(d) to pay the consumer reasonable damages as may be determined by the department.
The manufacturer, distributor or seller shall not charge a consumer who avails himself of
the remedy as provided above of any expense and cost that may be incurred.

I. Conclusion

The department shall promulgate the necessary rules for the issuance, amendment or
revocation of any consumer product safety rule. Any amendment or revocation of a
consumer product safety rule made by the concerned department shall specify the date on
which it shall take effect which shall not exceed ninety days from the date of amendment
or revocation is published unless the concerned department finds, for a good cause
shown, that a later effective date is in the public interest and publishes its reasons for
such finding.

II. Recommendation

Use by or Best Before: This tells you when to use the product by for the best flavor
quality and has nothing to do with food safety. Expiration Date: Expiration dates are
typically meant as a suggestion for the last date you can consume food.
Don’t be panic when it happens, why? According to studies Even if the expired food you
eat is safe for consumption, it might not taste as good as if you ate it sooner. ... The
USDA Food Safety and Inspection Service notes that many expired foods can be safe
to eat, but they might not be as flavorful as if you ate them before the expiration date.

Thus; Fast food or any restaurant should follow and maintain Food Safety Rules and
Regulations considering the benefits of eating healthy foods and effects to the consumers.
Case Analysis
Delay of Payment as Breach of Contract

I. Problem
The delay of payment of a buyer treated as a breach of the contract to buy and
used by seller to cancel the contract
II. Case Facts

 The owner of Philippine Hawaiian International Sugarcane Incorporated and

Asia Pacific Sugar and Sweets Manufacturing Company are friends. Mr. Gutierrez,
the manager of Asia Pacific Sugar and Sweets ordered molasses to Mr. Dy the owner
of Philippine Hawaiian International Sugarcane Incorporated.
 Due to financial crisis, Mr. Rolando Gutierrez asked his friend if the company
could pay the 20 days afterwards the deliver and because they were friends, Mr. Dy
accepted it.
 Upon the second delivery of the molasses, the production manager of Asia Pacific
Sugar and sweets found out that the quality of the products were different from the
invoice Mr. Dy's company provided.
 Mr. Gutierrez decided to return it back having a memorandum containing the
company's reasons that causes Mr. Dy's enraged and argued that the delayed
payment is a breach of contract and to cancel their agreement.

III. Alternative Course of Action

3.1 ACA 1 - Suit for Breach of Warranty

If the seller breaches a warranty, or the buyer is forced to consider a conditional
breach as a breach of warranty, the goods cannot be rejected by the buyer. The buyer
can, however, sue for damages resulting from the breach of warranty.

3.2 ACA 2 - Suits for Damages of Repudiation

If a contract is repudiated by the seller for the dates the goods were due to be
delivered, the buyer can either sue for damages for an anticipatory breach or can
consider the contract as active and wait until the delivery date to take action.

3.3 ACA 3 - Suit for Interest

In some cases, a buyer can file a suit for interest, which means they could receive
special damages in the form of interest on the original price paid.

Conclusion
The payment is an essential requirement that the buyer needs to comply with to
consummate the contract of sale. The delivery of the subject matter of the contract is the
obligation of the seller. The delay in payment is a valid ground for termination of the
contract of sale but in a recognized exception is when the seller agreed that the delayed
payment of the buyer shall be tolerated and accepted.
 Cut short, the delay in payment when agreed upon by the seller does not give the
seller a right to negate the contract and, in this case, deliver a substandard type of
molasses other than tha agreed.

IV. Recommendation

ACA 1 - Suit for Breach of Warranty

By entering the contract of sale, Mr. Dy agreed to deliver a specific quality of

molasses to the buyer. The buyer’s late payment was tolerated and accepted by Mr. Dy
due to their good will and amiable relationship. This does not give Mr. Dy a right to
renege on his obligation to deliver molasses of the agreed quality. Accepting a late
payment arrangement cannot be used as a valid reason for breach of contract.
Case Analysis
The Confused Accountant
I. Problem
The employee, Yvone Pillar, was forced to manipulate the company taxes to be pay in
Government.

II. Case fact

 Yvone Pillar is accountant employed in Chameleon Company.

 Yvone Pilar was instructed to manipulate the taxes to be pay in
government.
 Yvone Pillar was threatened to be terminate by the officials of her
company.

III. Alternative Course of Action

ACA 1 REPUBLIC ACT NO.7642
An act increasing the penalties for Tax Evasion Amending for this
Purpose the Pertinent Sections of the National Internal Revenue Code, As
Amended.Sec.253

ACA 2 Attempt to evade or defeat Tax

Any person who willfully attempt in any manners to evade or defeat any
tax imposed under this code or the payment thereof shall, in additional to other
penalties provided by the law, upon conviction thereof, the fined not less than
Thirty thousand pesos but not more than One hundred thousand pesos and suffer
imprisonment of not less than two years but not more than four years.

ACAIII Section 34, Republic Act No. 6715

“The Labor Code contains several provisions which are beneficial to
labor. It prohibits termination from employment of Private employees except for
just or authorized causes.”

Art. 279. Security of tenure. In cases of regular employment, the employer shall
not terminate the services of an employee except for a just cause or when
authorized by this Title. An employee who is unjustly dismissed from work shall
be entitled to reinstatement without loss of seniority rights and other privileges
and to his full back wages, inclusive of allowances, and to his other benefits or
their monetary equivalent computed from the time his compensation was withheld
from him up to the time of his actual reinstatement.

IV. Recommendation

Tax evasion in a crime in which an individual or entity intentionally underpays, or

avoids paying, taxes. Every year, each citizen who has income and/or assets is
required to file a tax return. For not paying enough tax is a serious and great offense
in government and even as individual. Thus, attempting to manipulate the data that
need to provide it can prompt to imprisonment. Better we should be careful and
follow the rules, regulations and law.

V. Conclusion

A number of laws intended to protect the public from dangerous or illegal

activity, from environmental dumping to fraudulent accounting practices, also protect
employees from retaliation for blowing the whistle. Even if no law directly protects
you from termination, you may still have a legal claim for wrongful termination in
violation of public policy.The legal seek to file a case against the company if such
action has been done. Employer termination has been done for serious misconduct
against the employee.
Case Analysis
Mr. X Caught Cheating

I. Problem
Cheating in an exam to escape obligations to study
II. Case Facts

 Mr. X, a self-proclaimed party goer, does not have a habit of reviewing.

 He cheated his way to passing his past exams and partied all night despite having
an exam the following day.
 As usual, he prepared a kodigo and was caught by the teacher using the same.

III. Alternative Course of Action

3.1 ACA 1 – Admit using the kodigo as it is and face sanctions

Liability for misdeeds and facing the same is the most credent thing to do
when faced in a situation that involves dishonesty and failure to act with integrity.

3.2 ACA 2 – Destroy the kodigo as evidence and deny the whole act
The investigation against Mr. X will most likely be against his favour if
the kodigo will be placed in the hands of the teacher. Mr. X now has the option to
destroy the kodigo to avoid any tangible proof and deny the act altogether.

3.3 ACA 3 – Drop the course and retake the same

In cases where the perpetrator is caught and admits liability, to escape any
major impact in his grades, he may opt to drop the subject and retake the same
next semester for a clean slate.

IV. Recommendation

ACA 1 - Admit using the kodigo as it is and face sanctions

While cheating in an exam is a common ground for failing the class because of its
utter disregard of the principles of honesty and integrity, all is not too late for Mr. X. He
may humble himself and admit his mistake, face any sanctions that the teacher may
impose upon him no matter how harsh it may seem, and vow that he will never commit
the same act again.

V. Conclusion

Students are expected to observe the minimum standards of integrity and honesty when
going through their studies. While it is very easy and convenient to resort to means that are
not right and morally correct like cheating, it is incumbent upon the students to discipline
themselves to make sure that they conduct their studies in a manner that aligns with the
principles of truth and fairness.