G.R. No. 164401 – 578 Phil. 262 – 555 SCRA 275 – Civil Law – Partnership – Prescription – Demand for an accounting – Oral Partnership In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the sale and distribution of Shellane LPGs. Their business was […]
Monthly Archives: August 2012
G.R. No. 126334 – 422 Phil. 10 – 370 SCRA 431 – Civil Law – Partnership – Dissolution and Winding Up – Prescription Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, Jacinto decided to leave the partnership hence they agreed […]
G.R. No. 144214 – 453 Phil. 999 – 406 SCRA 145 – Civil Law – Partnership – Dissolution and Winding Up – Need for Accounting Proceedings to Determine Partner’s Share In 1984, Villareal, Carmelito Jose and Jesus Jose, formed a partnership for the purpose of operating a restaurant. Each […]
G.R. No. 167379 – 526 Phil. 394 – 493 SCRA 444 – Civil Law – Partnership – Dissolution and Winding Up – Joint Venture Agreement – Rights of Innocent Party In 1994, Primelink Properties and the Lazatin siblings entered into a joint venture agreement whereby the Lazatins shall contribute […]
G. R. No. 114243 – 326 SCRA 278 – 383 Phil. 163 – Remedial Law – Civil Procedure – Service of Summons – Invalid Service; Consequence thereof In 1965, Luneta Motor Company filed an action for recovery of a jeep and for recovery of sum of money against Lucila […]
G.R. No. L-24153 – 205 Phil. 480 – 120 SCRA 658 – Political Law – Basic Principles – Police Power; General Welfare Clause – Delegation of Police Power to Municipalities In the 1980s, the City of Manila passed an ordinance prohibiting barbershops from offering massage services if the massage […]
G.R. No. 75919 – 149 SCRA 562 – Remedial Law – Civil Procedure – Payment of Docket Fees – Claimed Damages must be Stated in the BODY and PRAYER of pleadings A complaint for specific performance was filed by Manchester Development Corporation against City Land Development Corporation to compel […]
G.R. No. 94677 – 202 SCRA 753 – Remedial Law – Civil Procedure – Payment of Docket Fees – Pure Money Claims vs In Rem Actions Original Development and Construction Corporation (ODECOR) sued Home Insurance and Guaranty Corporation (HIGC), and the National Home Mortgage Finance Corporation (NHMC) for breach […]
G.R. No. 161417 – 544 Phil. 45 – 515 SCRA 106 – Remedial Law – Civil Procedure – In rem vs In personam proceedings – Service of Summons – Resident Defendant – Extrinsic Fraud Ernesto Biaco, husband of Teresa Biaco, acquired several loans from Philippine Countryside Rural Bank (PCRB) from […]
G.R. No. L-30353 – 202 Phil. 415 – 117 SCRA 91 – Remedial Law – Civil Procedure – Service of Summons by a Police Officer A land dispute arose between Patricio Bello and Eugenia Ubo. Bello is claiming ownership over the property that Ubo and her son have been […]
G.R. NO. 139018 – 495 Phil. 188 – 455 SCRA 20 – Remedial Law – Civil Procedure – Certification of Non-forum Shopping Not Needed in Compulsory Counterclaim In 1996, Estherlita Agana filed a complaint for annulment of title against Serrano Enterprises. Said complaint involves a property which is allegedly […]
AC. No. 944 – 58 SCRA 85 – 157 Phil. 87 – Legal Ethics – Mutual Bickering Between Opposing Counsels This case arose from a labor dispute where Atty. Rufino Risma represented Flora Narido, an indigent client against her employer Vergel De Dios, the client of Atty. Jaime Linsangan. […]
G.R. No. 20993A – 45 Phil. 580 – Legal Ethics – Criticisms of Counsel This case is one of the several cases filed against Umberto de Poli. De Poli was a businessman engaged in the sale of hemp and was also a licensed warehouseman. Due to depression, weakness and […]
G.R. No. L-10040 – 33 Phil. 350 – Civil Law – Partnership – Dissolution In 1901, F. Lichauco Hermanos partnership was formed. It was provided, among others, in the partnership agreement that Faustino Lichauco will be the managing partner; and that the firm cannot be dissolved except upon the […]
G.R. No. 26 – 1 Phil. 4 – Civil Law – Partnership – Dissolution – Assignment of Assets – Partner Becomes Co-owner A certain Evans and a certain Whaley formed a partnership at will, Evans & Whaley. The firm became indebted to Paul Blum. Eventually, the firm was dissolved. […]
A.M. No. P-07-2404 – 564 Phil. 620 – 540 SCRA 42 – Legal Ethics – Judicial Ethics – Simple Neglect – Civil Service Political Law – Administrative Law – Civil Service – Tardiness and Absences An anonymous letter-complaint was sent by the employees of the Supreme Court based in […]