A.M. No. 2026-CFI – 110 SCRA 388 – Civil Law – Succession – Will Should be Written in a Language Known to the Testator Remedial Law – Special Proceedings – Rule 76 – Grounds for Disallowing Will – Will not Duly Executed; Extrinsic Validity Legal Ethics – Judicial Ethics […]
Yearly Archives: 2012
G.R. No. 125888 – 294 SCRA 183 – Civil Law – Succession – Donation Mortis Causa vs Donation Inter Vivos In 1979, Aurora Montinola executed a “Deed of Donation Inter Vivos” in favor of her three grandchildren Catalino Valderrama, Judy Valderrama, and Jesus Valderrama. The deed however provided that […]
G.R. No. L-1787 – 81 Phil. 429 – Civil Law – Succession – Pagination of the Will – Witnesses to a Will – Language of the Will – Thumb Mark as Signature In 1947, Don Sixto Lopez executed a will where Jose Lopez was named an heir. Agustin Liboro […]
G.R. No. 140153 – 355 SCRA 658 – 407 Phil. 1007 – Remedial Law – Civil Procedure – Substantial Compliance with the Rule on Non-Forum Shopping Spouses Antonio and Alfreda Docena were allegedly lessees of Casiano Hombria of a parcel of land located in Eastern Samar. Hombria filed a […]
G.R. NO. 157912 – 540 SCRA 111 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Not Required in a Contingent Money Claim Special Proceedings – Settlement of Estate of Deceased Persons – Rule 88 – Contingent Claims Alice Sheker died and her estate was left under […]
G.R. No. 149660 – Remedial Law – Civil Procedure – Certification Against Forum Shopping; Corporations must authorize lawyer to sign for and in behalf of the corporation In 1955, Sheryl Oabel began working for Maranaw Hotels in one of its hotel branches. In 1996, Maranaw Hotels contracted the services […]
G.R. No. 155806 – 550 SCRA 562 – Remedial Law – Civil Procedure – When is the rule on the Certification of Non-Forum Shopping relaxed? In 1977, Tible & Tible Company, Inc. (TTCI) obtained a loan amounting to P1.5 million from Royal Savings and Loan Association. The loan matured […]
G.R. No. 120496 – 259 SCRA 120 – 328 Phil. 426 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Should Be Signed by Plaintiff NOT Counsel One night in November 1991 at about 11pm, Ignacio Torres, while driving a bus owned by Five Star Bus Company […]
G.R. No. L-3704 – 9 Phil. 326 – Civil Law – Partnership – Liability of Industrial Partners to Third Persons In 1905, Francisco Muñoz, Emilio Muñoz, and Rafael Naval formed an ordinary general mercantile partnership in accordance with the Code of Commerce. They named the partnership “Francisco Muñoz & […]
G.R. No. 127347 – 319 SCRA 246 – 377 Phil. 257 – Civil Law – Partnership – Identity Separate and Distinct – Liability of partners vs liability of the partnership In April 1991, the spouses Ruben and Felicidad Abrogar entered into a loan agreement with a lending firm called A.C. […]
G.R. No. L-22493 – 65 SCRA 554 – Civil Law – Partnership – Liability of Partners – Pro-rata – Condonation United Pioneers General Construction Company is a general partnership formed by Benjamin Daco, Daniel Guizona, Noel Sim, Augusto Palisoc, and Romulo Lumauig. In 1961, United Pioneers purchased by installment […]
G.R. No. 127405 – 342 SCRA 20 – 365 SCRA 463 – Civil Law – Partnership – Dissolution of the Partnership William Belo introduced Nenita Anay to his girlfriend, Marjorie Tocao. The three agreed to form a joint venture for the sale of cooking wares. Belo was to contribute […]
G.R. No. 136448 – 317 SCRA 728 – 376 Phil. 76 – Civil Law – Partnership – Liabilities of Partners – Corporation by Estoppel It was established that Lim Tong Lim requested Peter Yao to engage in commercial fishing with him and one Antonio Chua. The three agreed to […]
G.R. No. 144755 – 459 SCRA 604 – Civil Law – Secured Transactions – Mortgage – Terms of Loan Remedial Law – Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of P800k from Prominent Lending & […]
53 Phil. 37 – Legal Ethics – Malpractice – Solicitation of Legal Business – Advertisement in the Legal Profession – Stirring Up of Litigation In 1928, Luis Tagorda was a provincial board member of Isabela. Before his election, he campaigned that he is a lawyer and a notary public; […]
A.C. L-553 – B.M. No. 553 – 223 SCRA 378 – 42 SCAD 287 – Legal Ethics – Advertisement in the Legal Profession – Practice of Law In 1984, The Legal Clinic was formed by Atty. Rogelio Nogales. Its aim, according to Nogales was to move toward specialization and […]