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 […]
Yearly Archives: 2012
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 […]
G.R. No. L-9152 – 100 Phil. 586 – Remedial Law – Civil Procedure – Filing of Complaints – Dismissal Without Prejudice Josefina Mortel was induced by Anacleto Aspiras to marry him in Manila. Mortel agreed and so she went to Manila. Anacleto accompanied her to the city hall where […]
A.M. No. 3249 – 179 SCRA 680 – Legal Ethics – Moral Delinquency In 1985, Atty. Laurence Cordova, while being married to Salvacion Delizo and with two children, left his wife and children to cohabit with another married woman. In 1986, Salvacion and Cordova had a reconciliation where […]
A.M. No. 145 – 100 Phil. 610 – Legal Ethics – Lawyer may be disbarred even if transgression is not one enumerated by law In 1952, Atty. Anacleto Aspiras introduced himself as a single man to Josefina Mortel. Josefina believed it and she let Anacleto court her. Anacleto, […]
A.M. No. 1608 – 106 SCRA 591 – Legal Ethics – Gross Immoral Conduct – Breach of promise to marry In 1970, when Segundino Maniwang was still a law student, he had a relationship with Magdalena Arciga, then a medical technology student. They started having a sexual relationship in 1971. […]
Adm. Case No. 481 – 27 SCRA 169 – Legal Ethics – Gross Immoral Conduct Atty. Arturo Lopez became a lawyer in 1957. In 1958, he courted Virginia Almirez; they became sweethearts. In 1960, Lopez manifested his intention to marry Almirez. Almirez believed in the promise and so they […]
A.C. No. 1392 – 128 SCRA 485 – Legal Ethics – Grossly Immoral Conduct; Adultery Atty. Generoso Obusan, Jr., then single, had a relationship with one Natividad Estabillo. In 1972, Estabillo begot a son with Obusan. Obusan later found out that Estabillo was at the time still validly married […]
A.C. No. 2361 – 170 SCRA 100 – 252 Phil. 98 – Legal Ethics – Duty to Hold in Trust Client’s Money In 1979, Leonila Licuanan won a case against her tenant Aida Pineda whereby Pineda was ordered to pay the rents due to Licuanan. Pineda complied and she […]