G.R. No. L-48840 – 74 Phil. 479 – Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Probate is Mandatory; Heirs cannot disregard will Civil Law – Succession – Last Will and Testament – Heirs cannot disregard will Ernesto Guevara and Rosario Guevara were children […]
Howard
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A.M. No. 22-09-01-SC CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY PREAMBLE Ethics is the experiential manifestation of moral standards. The observance of these standards of conduct is both a function of personal choice and formal compulsion. A lawyer is ideally ethical by personal choice. A code of ethics expressly adopted represents […]
G.R. No. L-45460 – 65 Phil. 318 – Remedial Law – Special Proceedings – Rule 91; Escheat – Jurisdictional facts in a petition for escheat; Who may be Oppositors in an Escheat; Nature of Escheat In 1936, the Municipality of San Pedro, Laguna, petitioned in court for the Hacienda de […]
G.R. No. 143483 – 426 Phil. 177 – 375 SCRA 484 – Remedial Law – Special Proceedings – Rule 91; Escheat – Escheat as a sovereign act; Prescriptive period to question judgment in an escheat case Elizabeth Hankins died in 1985. Thereafter, the Republic filed a petition for escheat against […]
G.R. No. 45904 – 66 Phil. 302 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74 – Extrajudicial Settlement – No need for intestate proceedings if decedent died debtless Sometime in the 1930s, Juan Garcia died leaving behind properties. Juan was survived by his spouse, Leona […]
G.R. No. 156536 – 536 Phil. 1082 – 506 SCRA 374 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Extrajudicial Settlement – An extra-judicial settlement does not bind heirs that did not participate therein Paulina Vargas died intestate leaving behind a parcel of land. Paulina’s […]
G.R. No. 169144 – 655 Phil. 535 – 640 SCRA 538 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will executed abroad by an alien In 2001, Ruperta Palaganas, an American, died. Before she died, she executed a will […]
G.R. No. 229010 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will of a resident alien In 2011, Luz Lipson, an American residing in the Philippines executed a will which provided for the disposition of her Philippine properties. She […]
G.R. No. 209518 – 811 Phil. 192 – Remedial Law – Civil Procedure – How Jurisdiction acquired; Summons – Voluntary Appearance Civil Law – Land Titles and Deeds – Title cannot be collaterally attached In 2011, Ana Kari Carmencita Nustad filed a civil case against Ma. Hazelina Tujan-Militante. Ana prayed […]
G.R. No. 230404 – 824 Phil. 1061 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – One must call for the probate court’s exercise of its jurisdiction, otherwise, there is a waiver In 2008, Reynaldo Rodriguez died intestate. His heirs, Rolando Rodriguez et […]
G.R. No. 169482 – 543 SCRA 63 – 567 Phil. 63 – Remedial Law – Special Proceedings – Habeas Corpus – Instances when the writ of habeas corpus may be availed of In 2005, Luisa Villanueva fetched her adopted mother, Eufemia Rodriguez, a 94 year old woman, from her residence […]
A.C. No. 6792 – 515 Phil. 635 – 480 SCRA 1 – Legal Ethics – Practice of Law – Disbarment; Commission of a Crime Involving Moral Turpitude – Homicide may or may not be a crime involving moral turpitude Robert Soriano, a taxi driver, and Atty. Manuel Dizon had a […]
A.C. No. 5081 – 447 Phil. 549 – 399 SCRA 422 – Legal Ethics – Lawyers committing fraud – A lawyer should not engage in deceitful conduct In 1991, Atty. Rex Rimorin had a Special Power of Attorney notarized. The SPA made it appear that Emiliana Eustaquio et al. authorized […]
A.C. No. 5315 – 393 Phil. 188 – Legal Ethics – Duties of a lawyer – The Lawyer and his client – Misappropriation of Client’s Funds In 1997, Modesto Cunanan’s son, Andrew Philip Cunanan, died in the United States. Modesto, an American, needed to settle his immigration case with the […]
A.M. No. 08-6-352-RTC – 613 Phil. 1 – 596 SCRA 378 – Legal Ethics – Judicial Ethics – Government Lawyers, Generally, Cannot Engage in Private Practice of Law; Prohibition has limited application even after separation from service In February 2008, Atty. Karen Silverio-Buffe resigned as the Clerk of Court of […]
G.R. No. 156407 – 713 SCRA 194 – 724 Phil. 174 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of the Probate Court; The probate court is authorized to determine the issue of ownership of properties for purposes of their inclusion or exclusion from the inventory […]