G.R. No. L-10033 – 36 Phil. 815 – Civil Law – Succession – Escheat Remedial Law – Special Proceedings – Rule 91; Escheat – No escheat if decedent testate The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that […]
Case Digest
G.R. Nos. L-45727-45729 – 65 Phil. 708 – Legal Ethics – Right of Client Not To Appeal Florencia De Mondia, Consolacion Decimo and four others sued the Public Service Commission. They lost in the trial court. They appealed the case however De Mondia and Decimo, through their counsel, filed a […]
A.C. No. 3773 – 344 Phil. 792 – 279 SCRA 379 – Legal Ethics – Canon 22 – Termination of Legal Services Angelita Orcino’s husband was murdered and she was zealous in prosecuting the suspects. She hired Atty. Josue Gaspar as her counsel and they agreed to a P20,000.00 attorney’s […]
A.C. No. 5859 – 650 Phil. 214 – 635 SCRA 674 – Legal Ethics – Canon 21 – Client’s Confidence and Secrets Atty. Eduardo De Vera won a case for Rosario Mercado. De Vera caused the garnishment of the bank account of the opposing party but he did not remit […]
G.R. No. L-27033 – 140 Phil. 604 – 30 SCRA 187 – Legal Ethics – Two Concepts of Attorney’s Fees Blanco was sued by Polytrade for damages as he failed to pay a delivery of rawhide (to be converted to leather and leather products). For failing to answer the suit, […]
A.C. No. 5798 – 489 Phil. 791 – Legal Ethics – Canon 20 – Duty to Avoid Controversies Involving Lawyer’s Fees Engineer Alex Cueto, for P5,000,000.00, was contracted to build a building for Jose Jimenez III. Cueto decided to have the contract be notarized and he chose Atty. Jose Jimenez, […]
A.C. No. 9390 – 692 Phil. 209 – 678 SCRA 68 – Legal Ethics – Canon 16 – Money of Client Emilia Dhaliwal was having some legal issues in purchasing a parcel of land from Fil-Estate Development, Inc. Their case reached the Housing and Land Use Regulatory Board (HLURB). She […]
G.R. No. L-2888 – 6 Phil. 498 – Civil Law – Partnership – Limited Partnership – Firm Name Hung Man Yoc sued Kieng Chiong Seng, a partnership, for collection of sum of money. The said partnership was composed of four partners: Kiong Tiao Eng, Chua Che Co, Yu Yec Pin, […]
A.M. No. 258 – 119 Phil. 6 – 9 SCRA 695 – Legal Ethics – Representing Conflicting Interests Rufina Bautista approached Atty. Benjamin Barrios to help her and two other parties to draft a Deed of Partition involving the intestate property of one other sibling who died in 1952. Barrios […]
G.R. No. L-34091 – 195 Phil. 719 – 49 SCRA 221 – Legal Ethics – Appointment of Counsel de Oficio Judicial Ethics – Impartiality – Judicial Impropriety George Daeng and three other were prisoners in the New Bilibid Prison. They were accused of killing another inmate hence they were charged […]
G.R. No. L-29015 – 159-A Phil. 111 – 63 SCRA 493 – Legal Ethics – Duty of Counsel to Be Adequately Prepared Geremias Pajarito, Samuel Pajarito, Felipe Malunsing, Alfredo Rivera, and Manuel Villegas were accused of murder. After the preliminary investigation, the murder charges against the Pajaritos were dropped. During […]
G.R. No. 164893 – 546 Phil. 22 – 517 SCRA 191 – Labor Law – Post-Employment – Constructive Dismissal – Demotion In August 1996, an administrative complaint was filed against Constancia Duldulao, a secretary/typist of the College of Law of the Baguio Colleges Foundation (now University of the Cordilleras). The […]
43 Phil. 376 – Legal Ethics – Contemptuous Language In 1921, Atty. Feliciano Gomez lost an election protest case for the governorship of Laguna filed by Juan Cailles which reached the Supreme Court. Thereafter, Gomez remarked in a newspaper that the Supreme Court sided with Cailles as a favor to […]
G.R. No. 37386 – 58 Phil. 422 – Legal Ethics – Attorney’s Fees – Legal Profession is not a mere money-making trade In 1921, Bualan, a member of the Bagobo tribe, contracted the services of attorneys Juan Sarenas and Domingo Braganza in a case involving a parcel of land. The […]
G.R. No. 194128 – 678 Phil. 180 – 661 SCRA 787 – Civil Law – -Agency – Existence of Agency – Lack of Authorization In 1999, Amos Francia was convinced by the bank manager of Westmont Bank to make an investment in Westmont Investment. Since the interest rate offered was […]
G.R. No. 188288 – 679 Phil. 61 – 663 SCRA 57 – Civil Law – Agency – Elements of Agency – Estoppel In 1997, while the spouses Viloria were in the United States, they approached Holiday Travel, a travel agency working for Continental Airlines, to purchase tickets from Newark to […]