June 30, 2005, 462 scra 614 Meeting of the Minds in a Contract of Sale This is a case involving family members. In April 1987, Ainza and her daughter Eugenia orally agreed that Ainza pay P100k in exchange for half of the portion of Eugenia’s undivided conjugal property […]
Yearly Archives: 2012
381 posts
Felonies can be committed either by means of deceit or by means of fault. If a felony is committed by means of deceit it is dolo or otherwise known as intentional felonies such as robbery. If it is committed by means of fault, then it is culpa or otherwise known […]
G.R. No. 123686 – 318 SCRA 94 – Legal Ethics – Duties to the Court – Forum Shopping Arsenia Coronel incurred a P60k loan from the Rural Bank of Mabalacat. To secure the loan, she mortgaged her property. She was not able to pay the loan hence her property […]
G.R. No. 167234 – 483 SCRA 405 – Legal Ethics – Death terminates Attorney-Client Relationship – Dead Client In 2001, Teodoro Borlongan, president of Urban Bank Inc. filed a complaint before the Ombudsman against Rafael Buenaventura, the governor of the Banko Sentral, and one Norberto Nazareno, president of the […]
A.C. NO. 6986 – 484 SCRA 91 – Legal Ethics – Duty of a lawyer in a client’s compromise agreement Julius Agustin was sued for Forcible Entry with Damages. He hired the services of Atty. Enrique Empleo. In 1998, the trial court ordered the parties to submit their compromise […]
G.R. No. L-12510 – 36 Phil 797 – Legal Ethics – Unauthorized Practice of Law In 1914, a lawyer named Salvador Laguda filed a petition before the Iloilo CFI recommending that he is appointing Cesareo Durban as his procurador judicial (legal representative). The judge of the CFI approved the […]
A.M. No. SC-96-1 – 341 Phil. 299 – 275 SCRA 302 – Legal Ethics – Duties to the Court – Contempt of Court by a Lawyer Atty. Damaso Flores was involved in a suit involving a debt of 1.8 million peso he loaned from one Rolando Ligon. A compromise […]
A.M. No. L-363 – 5 SCRA 661 – Legal Ethics – Conditional Pardon will not bar disbarment Attorney Diosdado Gutierrez was convicted for the murder of one Filemon Samaco in 1956. He was sentenced to the penalty of reclusion perpetua. In 1958, after serving a portion of the penalty, […]
A.M. No. 1053 – 93 SCRA 87 – Legal Ethics – Lack of Candor by a Lawyer – Proper name to be used by a lawyer; Lawyer must use real name In 1979, a pending administrative case filed by Santa Pangan against Atty. Dionisio Ramos was delayed because Atty. Ramos […]
57 Phil. 23 – Legal Ethics – Obligations of a lawyer – Extrinsic fraud Sometime in the 1920’s, Engracia Cantorne sued one Petrona Basmayor for the loss of Cantorne’s shawl. Basmayor was represented Atty. Eugeniano Ducusin (some record say Ducasin). Ducusin approached Cantorne advising her not to appear in court […]
G.R. No. L-16731 – 107 Phil. 612 – Legal Ethics – Negligence of a Lawyer – Acts that should not be delegated by a lawyer; computation of prescriptive periods are to be done by lawyers In 1956, Felipe Eco was granted a private woodland registration certification by the Bureau […]
ADM. CASE No. 5252 – 428 SCRA 567 – Legal Ethics – Gross Misconduct – What “Conduct” Means In November 1996, Attorney Henry Adaza went to Priscilla Orbe to borrow P60k. Orbe loaned Adaza the said amount. As security, Adaza issued Orbe two checks to cover the loan plus […]
So, you may have been writing a case digest for, say Criminal Law, when after writing a few sentences you review what you wrote and came across a line similar to this: “The fiscal then submitted three informations against the three accused.” If you are using Microsoft Word, […]
Compulsory retirement takes place at age 65, while optional retirement is primarily determined by the CBA or other employment contract or employer’s retirement plan. In the absence of any provision on optional retirement in a CBA, other employment contract, or employer’s retirement plan, an employee may optionally retire upon […]
NO. Article 22 of the Labor Code provides that it shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/or beneficiaries in accordance with the rules and regulations prescribed by the Secretary of Labor and Employment. Executive Order No. 857 prescribes the percentage of foreign exchange remittance from 50% to […]
Social security laws are those labor statutes that provide protection not only to a worker but also to members of his family in case of loss of income or when there is need for medical care brought about by contingencies like sickness, disability, death, and old age. Examples of social […]