G.R. No. 166391 – 772 Phil. 14 – 773 SCRA 345 – Statutory Construction – P.D. No. 49; Intellectual Property Law – When “and” means “or” Section 5(A) of PD 49 provides one of the exclusive rights of a copyright holder which is: (A) To print, reprint, publish, copy, distribute, […]
Case Digest
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G.R. No. 256116 – Statutory Construction – RA 7309; Victims Compensation Act – Use of Conjunctive Word “and” In 2017, Main Mohammad was indicted for murder. He was accused of being a member of the Abu Sayyaf Group. Since his case was non-bailable, he underwent preventive imprisonment. After two years […]
G.R. No. 242133 – Criminal Law – Special Penal Laws – VAWC is applicable in lesbian relationships Roselyn Agacid and Maria Alexandria Bisquera were in a lesbian relationship until they rheir break-up in 2014. After their break-up, they met for purposes of Maria returning to Roselyn the things the latter […]
G.R. No. 250627 – Criminal Law – Special Penal Laws – RA 9262 – VAWC applies to women in lesbian relationships Sandra Jane Jacinto and Maria Eloisa Fouts were lesbian live-in partners for sixteen years or until their break-up in 2017. After their break-up, Jacinto physically assaulted Fouts which resulted […]
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 engage […]
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 under […]
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 malversation. […]
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 Emiliani […]
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 the […]
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, he […]
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 the […]
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, the […]
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 office, […]
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 criminal […]
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. He […]
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 Government […]