A.C. No. 4863 – 417 Phil. 70 – 364 SCRA 597 – Legal Ethics – Problem Areas in Legal Ethics – Unconscionable Attorney’s Fees – Quantum Meruit In 1994, Isabel Sugar Company, Inc. (ISCI) sold a parcel of land to Urban Bank, Inc. (UBI). The land was sold for P240 […]
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A.C. No. 5862 – Legal Ethics – Problem Areas in Legal Ethics- Duty to Represent Client with Competence and Diligence Dalisay Capili engaged the legal services of Atty. Alfredo Bentulan as her counsel in a civil case. Capili lost in the trial court. She wanted to appeal but despite her […]
G.R. No. 161455 – 577 Phil. 27 – 554 SCRA 136 – Criminal Law – Book 2 – Crimes Against Public Interest – Article 171; Falsification By Public Officer – Sandiganbayan Jurisdiction In 1996, Elmer Abastillas sent a letter to Ozamis City Mayor Benjamin Fuentes asking the latter to donate […]
A.C. No. 7940 – 686 Phil. 351 – Legal Ethics – Problem Areas in Legal Ethics – Moral Turpitude – Disbarment In May 2008, the Supreme Court, in G.R. No. 161455 (Pactolin vs Sandiganbayan), affirmed the conviction of Atty. Rodolfo Pactolin for violation of Article 172 of the Revised Penal […]
G.R. No. 149177 – 563 Phil. 572 – 538 SCRA 261 – Civil Law – Conflict of Laws – Private International Law – Jurisdiction – Lex Loci Celebracionis – Lex Loci Solutionis – State of the Most Significant Relationship – Forum Non Conveniens In March 1999, Nippon Engineering Consultants Co., […]
G.R. Nos. 121576-78 – 389 Phil. 87 – 333 SCRA 545 – Civil Law – Conflict of Laws – Private International Law – Service of Summons in In Personam Cases In 1989, Cesar Urbino, Sr. sued Poro Point Shipping Services for damages the former incurred when one of the latter’s […]
A.M. No. P-04-1925 – 488 Phil. 62 – 447 SCRA 60 – Political Law – Law on Public Officers – Public Office is a Public Trust Oscar Llamas was a cash clerk in the regional trial court of San Carlos City, Pangasinan. His brother was a judge in one of […]
G.R. No. 115863 – 312 Phil. 1145 – 280 SCRA 713 – Political Law – Law on Public Officers – Creation and Abolition of a Public Office is Essentially Legislative Constitutional Law – Separation of Powers – Legislative Powers; Power to Create Public Office In 1993, Aida Eugenio passed the […]
G.R. No. L-23226 – 47 Phil. 543 – Political Law – Law on Public Officers – No Vested Right In A Public Office Civil Law – General Principles – Prospective Application of Laws – Retroactivity must be provided for In 1907, Vicente Segovia was appointed as judge in Dumanjug, Cebu. […]
G.R. No. 86564 – 257 Phil. 1 – 176 SCRA 1 – Political Law – Law on Public Officers – Election Laws – Citizenship of a Public Officer – Dual Citizenship – Labo Doctrine In 1988, Ramon Labo, Jr. was elected as mayor of Baguio City. His rival, Luis Lardizabal, […]
G.R. No. L-16924 – 117 Phil. 836 – 7 SCRA 832 – Political Law – Law on Public Officers – Citizenship Requirement for Public Officers and Employees – Public School Teachers Must Be Filipino Citizens Antonia Yee is a civil service eligible serving as as a regular public school teacher having […]
A.C. No. 7591 – 684 Phil. 463 – 668 SCRA 441 – Legal Ethics – Gross Misconduct – Malpractice of Law – Misconduct In 2007, Corazon Nevada, filed a disbarment case against Atty. Rodolfo Casuga. Nevada alleged the following: That Atty. Casuga acquired several pieces of jewelry from her; the […]
A.C. No. 4428 – 678 Phil. 195 – 662 SCRA 1 – Legal Ethics – Pardon Does Not Bar Sanction Against an Erring Lawyer – Moral Depravity – Grossly Immoral Conduct Atty. George Florendo was the lawyer of spouses Elpidio and Ma. Elena Tiong. Elpidio, a US citizen, is often […]
G.R. No. 125986 – 361 Phil. 989 – 302 SCRA 315 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction (upside down piercing) Aida Posadas was the owner of a 1.6 hectare land in Sucat, Muntinlupa. In 1989, she entered into an agreement with Jaime Bravo […]
G.R. No. 100812 – 368 Phil. 374 – 309 SCRA 72 – Mercantile Law Corporation Law – Piercing the Veil of Corporate Fiction (Upside Down) In 1985, Francisco Motors Corporation (FMC) sued Atty. Gregorio Manuel to recover from a him a sum of money in the amount of P23,000.00+. Said […]
G.R. No. 93397 – 336 Phil. 15 – 269 SCRA 15 – Mercantile Law – Corporation Law – Piercing the Veil of Corporate Fiction Filriters Guaranty Assurance Corporation (FGAC) is the owner of several Central Bank Certificates of Indebtedness (CBCI). These certificates are actually proof that FGAC has the required […]