G.R. No. L-54171 – 188 Phil. 497 – 100 SCRA 467 – Criminal Law – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Mercantile Law – Law on Insurance – Liability of Auto Insurer in Carnapping – Taking a car for a joy ride is […]
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G.R. No. 148233 – 475 Phil. 190 – 431 SCRA 284 – Criminal Law – Book II – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Luisito Bustinera was a taxi driver for ESC Transport. His duty starts at 6:00am and ends at 11:00pm. On […]
A.C. No. 4355 – 868 Phil. 171 – Legal Ethics – CPRA; Canon 2; Propriety – Prohibition against self-promotion – Lawyering is not a business Atty. Aguirre was a lawyer for Tala Realties while Atty. Reyes was lawyering for the minority stockholders of BF Homes. In 1994, Atty. Pedro Aguirre […]
A.C. No. 13468 – Legal Ethics – CPRA – Canon II; Propriety – Improper claim of influence In 2014, Ryan Anthony Lim and his uncle were looking for a lawyer to assist them in filing a criminal complaint. Through a common friend, they were introduced to Atty. Carlo Marco Bautista […]
A.M. No. 21-06-20-SC – Legal Ethics – Canon II; Propriety – Use of Dignified Gender-Fair Language Online In 2021, Attys. Noel Antay, Jr., Ernesto Tabujara III, Israel Calderon, Morgan Nicanor, and Joseph Marion Navarrete had the following conversation thread on Facebook: Antay: Just prosecuted and helped convict a member of […]
G.R. No. 18463 – 43 Phil. 887 – Political Law – Constitutional Law – General Principles – Political Law Defined – Political laws are abrogated when there is a change of sovereignty In 1920, certain documents pertaining to an ongoing senate investigation on oil companies went missing in the Senate. […]
A.C. No. 14203 – Legal Ethics – Fidelity – Duty to Account – A lawyer must not dispense illegal advice Mamerta Lizada and three others were owners of parcels of land in Cebu sought to be expropriated by the Export Processing Zone Authority (EPZA) in 1981. Lizada et al. hired […]
A.C. No. 12661 – 871 Phil. 169 – Legal Ethics – Duty of Lawyers – Duty to Update Client of Case Status; Motion for Reconsideration Benjamin Katipunan, Jr. filed a labor case against his former employer. The Labor Arbiter awarded him $60,000.00 but he was not satisfied with the judgment […]
G.R. No. 132223 – 411 Phil. 359 – 358 SCRA 707 – Remedial Law – Special Proceedings – Guardianship – Guardians Must Be Philippine Residents Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians; Residency Requirement Reeder Vancil and Helen Belmes were live in […]
G.R. No. 268643 – Remedial Law – Special Proceedings – Guardianship – A.M. No. 03-02-05-SC; Guardianship of Minors Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians In September 2008, Juliana Rose Oscaris was born. A day after her birth, her mother died. Since […]
G.R. No. 217755 – 863 Phil. 413 – Remedial Law – Civil Procedure – Jurisdiction of Courts; In actions for annulment of title, the assessed value of the subject property is jurisdictional In 1993, Elmer Montero discovered that Santiago Montero, Jr., through an Affidavit of Self-Adjudication, appropriated unto himself a […]
G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party In 1988, after […]
G.R. No. 259520 – Civil Law – Persons and Family Relations – Family Code- Void Marriages – Bigamous Marriages – Guilty Spouse Cannot Seek Nullity of Bigamous Marriage Remedial Law – Special Proceedings – Declaration of Nullity of Marriages – Property Party In 1994, Maria Lina Quirit married Ho Kar […]
G.R. No. 175602 – 703 Phil. 519 – Remedial Law – Criminal Procedure – Rule 122; Appeal – Favorable judgment on appeal likewise favors those who did not appeal Eduardo and Edwin Valdez were convicted of three counts of murder and were made to suffer reclusion perpetua in each of […]
G.R. No. 175602 – 679 Phil. 279 – 663 SCRA 272 – Remedial Law – Criminal Procedure – Rule 110 – Information – Proper way to allege aggravating circumstances; treachery Brothers Eduardo Valdez and Edwin Valdez were police officers accused of killing three persons. They were charged in court for […]
G.R. No. 216056 – 891 Phil. 181 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Dying Declaration In May 2001, Roger Arquero and Rolando Licupa were walking on a rice field when all of a sudden Roberto Bernardo emerged from the hill portion of the […]