G.R. No. L-45043 – 63 Phil. 369 – Criminal Law – Crimes Against Property – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he took consisted of some clothing, a wallet, a comb, a watch, some […]
Case Digest
G.R. No. L-59847 – 203 Phil. 23 – 117 SCRA 659 – Labor Law – Labor Relations – Illegal Strike – Backwages In January 1980, the Philippines Inter-Fashion, Inc. decided to retrench 40 employees due to alleged lack of available work for employees. As a result, the labor union therein, the Philippine Inter-Fashion […]
G.R. No. 148241 – 438 Phil. 737 – 390 SCRA 181 – Labor Law – Post-Employment – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent by Hantex Trading Co., Inc. He earns Php165.00 a day but he gets commission […]
G.R. Nos. 79937-38 – 252 Phil. 280 – 170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the Quezon City RTC. In the body of his complaint, Tiong claimed damages […]
G.R. No. 202666 – 744 Phil. 451 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media)Remedial Law – Special Proceedings – Writ of Habeas DataIn January 2012, Angela Tan, a high school student at St. Theresa’s […]
G.R. No. L-68288 – 226 Phil. 596 – 142 SCRA 699 – Political Law – Bill of Rights – Due Process – Due Process in Educational Institutions In 1984, Diosdado Guzman and two others complained that the National University (NU) barred them from enrolling in the said university. NU argued […]
A.C. No. 9872 – 725 Phil. 358 – 714 SCRA 586 – Legal Ethics – Duty of Lawyer to Account for Client’s Money Canon 16 applies sans lawyer-client relationship In April 2006, Hilda Presbitero engaged the services of Atty. Ivan Solidum, Jr. to help her in the quieting of her […]
A.M. No. 1000 – 161 Phil. 437 – 69 SCRA 336 – Legal Ethics – Effect of Pardon on Pending Disbarment Case In 1966, Atty. Saturnino Parcasio was convicted of robbery with intimidation. His appeals were denied. He began serving his sentence in November 1970. Meanwhile, a disbarment case was […]
A.C. No. 6672 – 614 Phil. 327 – 598 SCRA 133 – Legal Ethics – Unethical Solicitation of Legal Business In 2005, Atty. Pedro Linsangan filed an administrative complaint against Atty. Nicomedes Tolentino alleging that Atty. Tolentino, through his paralegal Fe Marie Labiano, “pirated” a client of Atty. Linsangan. Said […]
A.M. No. P-01-1466 – 457 Phil. 363 – 410 SCRA 282 – Political Law – Administrative Law – “Just Debts” Defined Judicial Ethics – Court Employees – High Ethical Standards Law on Public Officers – Civil Service – Duties of Public Officers In 1997, Joel Feraren, Sheriff III of the […]
A.C. No. 7657 – 568 Phil. 379 – 544 SCRA 410 – Legal Ethics – Lawyer’s Duties to Clients; Case Update In 2000, Vivian Villanueva engaged the services of Atty. Cornelius Gonzales to help her transfer a title to her name. Villanueva gave Atty. Gonzales Php8,000.00 as acceptance fee. She also […]
G.R. No. 183975 – 645 Phil. 218 – 630 SCRA 659 – Remedial Law – Criminal Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Ethics – Legal Profession – Negligence of Counsel Binds Client In 2006, Gregorio Dimarucot was convicted of frustrated homicide. Dimarucot, through counsel […]
G.R. No. L-17815 – 8 SCRA 764 – Legal Ethics – Attorney’s Fees- Quantum Meruit; When Not Applicable – Negligence of Counsel In 1952, Atty. Ceferino De Los Santos, Sr. and his son, also a lawyer, were engaged by Sebastian Palanca to represent the latter in an estate proceedings case. […]
G.R. No. 102942 – 338 Phil. 105 – 271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case Not Allowed In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. After Cabaero was arraigned, he filed an Answer with Counterclaim […]
A.C. No. 9615 – 705 Phil. 321 – 692 SCRA 348 – Legal Ethics – Duty To Return Client’s Fund In 2003, Gloria Jinon engaged the services of Atty. Leonardo Jiz to help her recover a land title from her sister-in-law. Jinon paid Atty. Jiz Php17,000.00 as acceptance fee. After accepting […]
A.C. No. 10579 – 749 Phil. 576 – 744 SCRA 242 – Legal Ethics – Borrowing From Clients Not Appropriate Civil Claims Cannot Be Litigated in a Disbarment Suit In 2009, Erlinda Foster engaged the services of Atty. Jaime Agtang in a realty dispute in Ilocos Norte. Agtang’s acceptance fee […]