A.C. No. 9018 – 785 Phil. 303 – Legal Ethics – Conflict of Interest – Government lawyers may not represent government officials Atty. Nicanor Alvarez was a legal officer at the National Center for Mental Health under the Department of Health. He was authorized by the NCMH head to […]
Yearly Archives: 2024
A.C. No. 5738 – 569 Phil. 539 – 546 SCRA 209 – Legal Ethics – Conflict of Interest; A Punongbarangay must obtain written authority to practice law from the DILG Secretary Atty. Vicente Rellosa was the Punongbarangay of Barangay 723, City of Manila. He presided over a conciliation proceeding […]
A.C. No. 13219 – Legal Ethics – Conflict of Interest – Unauthorized Practice of Law ; Legal officers cannot represent government officials Since 2011, Atty. Richard Enojo has been the provincial legal officer of Negros Oriental. In 2013, Negros Oriental Gov. Roel Degamo was sued before the Ombudsman for […]
A.C. No. 7121 – Legal Ethics – Integrity; Honesty – A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead or allow the Court to be misled by any artifice – Misleading pleadings Atty. Evelyn is the stepmother of […]
G.R. No. 254005 – Criminal Law – Special Penal Laws – R.A. No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act – There is no crime of grave oral defamation in relation to Section 10(a) of R.A. 7610 – intent to debase, degrade or demean […]
A.M. No. 93-2-037-SC – 313 Phil. 119 – 243 SCRA 299 – Legal Ethics – Duty to the Courts – Use of Respectful Language Atty. Emiliano Jurado labels himself as a columnist who incidentally happens to be a lawyer. He writes for the Manila Standard. From 1992 to 1993, […]
G.R. No. 124342 – 377 Phil. 904 – 320 SCRA 61 – Remedial Law – Criminal Procedure – Rule 110; Information – Time of Commission of the Offense Must Be Alleged as Close to the Actual Date Political Law – Constitutional Law – Bill of Rights – Rights of […]
G.R. No. 2821 – 6 Phil. 413 – Political Law – Constitutional Law – Bill of Rights – Rights of the Accused – Right to Confront Witnesses; Right may be waivedIn the 1900s, Mariano Anastasio was charged with Attempted Rape. Trial ensued however, after the prosecution presented its evidence, […]
A.C. No. 10738 – 883 Phil. 334 – Legal Ethics – Inception of the Attorney-Client Relationship – Stealing Clients Marcelina Zamora’s husband filed an illegal dismissal case against his employer. They submitted a position paper drafted by the PAO to the NLRC. However, while Marcelina was outside the NLRC […]
G.R. No. 145391 – 436 Phil. 582 – 388 SCRA 28 – Remedial Law – Criminal Procedure – Responsive Pleading – Rule 111; Answer with Counterclaim not Allowed; Counterclaim must be filed separately Avelino Casupanan and Mario Laroya were involved in a vehicular collision. In 1999, Laroya filed a […]
G.R. No. L-27952 – 197 Phil. 647 – 111 SCRA 704 – Civil Law – Law on Succession – Alien Spouse May Inherit From Filipino Spouse In 1964, Jose Eugenio Ramirez, a Filipino, died. He had no children and he was survived by Marcelle Ramirez, his French citizen wife. […]
A.M. No. RTJ-20-2579 – Legal Ethics – Judicial Ethics – Serious Misconduct – Gross Ignorance of the Law Political Law – Constitutional Law – Bill of Rights – Illegal Search and Seizure – Fruit of the Poisonous Tree – Exceptions; Independent Source, Inevitable Discovery – Right to Privacy of […]
A.C. No. 13955 – Legal Ethics – Canon II – Propriety – A lawyer must not engage in deceitful conduct – A lawyer must not issue worthless checks Canon III – Fidelity – A lawyer must uphold the law In 2016, Atty. Cipriano Robielos III borrowed Php240k from Adrian […]
G.R. No. 254484 – Remedial Law – Special Proceedings – Rule 108 – Correction of Entries; Change of Civil Status – Venue – A judicially recognized foreign divorce must still be petitioned via Rule 108 to correct a civil status In 2006, Janevic Ordaneza married a Japanese in Pasay […]
G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res […]
G.R. No. 99287 – 285 Phil. 723 – 210 SCRA 246 – Remedial Law – Criminal Procedure – Plea to a Lesser Offense – Requisites; Consent of the Prosecution; Consent of the Offended Party In August 1990, Jaime Manuel was accused of illegal possession of drugs. Trial proceeded and after […]