G.R. No. L-27654 – 31 SCRA 562 – Legal Ethics – The Lawyer and the Courts – A Lawyer’s Right to Criticize the Courts; When not proper Atty. Vicente Raul Almacen was the counsel of Virginia Yaptinchay in a civil case. They lost in said civil case but Almacen filed […]
Case Digest
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G.R. No. L-22320 – 24 SCRA 219 – 132 Phil. 120 – Legal Ethics – Counsel’s Assertiveness; When improper A civil case was filed by Ricardo Hermoso against Damaso Perez for the latter’s failure to pay a debt of P17k. Hermoso won and a writ of execution was issued in […]
A.M. No. 434 – Legal Ethics – Practice of Law – Attorney’s Fees; Attorney’s Lien Atty. Casiano Laput used to be the counsel for Nieves Barrera until the latter discharged him of his services because she lost trust and confidence in him due to dubious transactions that Laput handled while […]
G.R. No. L-35113 – 159 Phil. 856 – 63 SCRA 257 – Legal Ethics – A lawyer owes candor to the court An order to demolish the property where Eugenio Cuaresma was staying was issued by a trial judge pursuant to a civil case filed by Marcelo Daquis. Cuaresma’s lawyer, […]
G.R. No. L-22320 – 23 SCRA 637 – 133 Phil. 219 – Remedial Law – Civil Procedure – Trial; Judgment – When may a judge quash his own writ of execution Damaso Perez owe Ricardo Hermoso P17,309.44 representing unpaid purchases of leather materials used in Damaso’s shoe business. Damaso was […]
A.M. No. 219 – 116 Phil. 371 – 6 SCRA 45 – Legal Ethics – Professional Ethics – Lawyers Stealing Clients In 1952, Atty. Casiano Laput was retained by Nieves Barrera as counsel in a testate proceeding. He remained as counsel for three years. But in January 1955, Atty. Fortunato […]
A.M. No. 2266 – 125 SCRA 293 – 210 Phil. 236 – Legal Ethics – Practice of Law; Isolated Practice of Law In 1981, Herminio Noriega filed a disbarment case against Atty. Emmanuel Sison. Noriega alleged that Sison as a hearing officer of the Securities and Exchange Commission is not […]
G.R. No. L-19450 – 121 Phil. 894 – 14 SCRA 109 – Legal Ethics – Practice of Law; Private Practice of Law – Isolated Appearance of a Public Prosecutor In 1959, Simplicio Villanueva was charged with Malicious Mischief in Alaminos, Laguna. In that case, the private offended party asked his […]
G.R. No. L-15742 – 110 Phil. 1010 – Legal Ethics – Libelous Language Criminal Law – Crimes Against Honor – Libel – Pleadings in court are privileged communication Atty. Miguel Tolentino and Atty. Cirilo Baylosis were opposing counsels in a civil case. It appears that Tolentino’s clients died and he […]
G.R. No. L-62449 – 130 SCRA 465 – Legal Ethics – Libelous Conduct – Duty of Lawyers to Fellow Lawyers Criminal Law – Book II – Crimes Against Honor – Libel – Court pleadings are exempt from libel; Privileged Communication Atty. Raul Sesbreno and Atty. Ramon Ceniza were opposing counsels […]
A.C. No. 778 – 63 Phil. 293 – Legal Ethics – Mutual Bickering Between Lawyers Atty. Javier was the lawyer of Severina Teodoro in a civil case where Severina won. The court awarded P195.00 in her favor and said amount was delivered by the opposing party to Javier as Severina’s […]
G.R. No. 13307 – 39 Phil. 567 – Taxation – Principle of Non-Interference; Tax Laws Do Not Impair Contracts In 1913, La Insular and Manuel Nubla had a contract whereby Insular will deliver 2 to 5 boxes of cigarettes to Machuca at P172.00 per box. Each box contains 2000 pieces […]
G.R. No. 35698 – 57 Phil. 223 – Legal Ethics – Use of Improper Language This is just one of the several cases between Idonah and Eugene. Idonah and Eugene are husband and wife. Idonah sued Eugene for support. The case eventually reached the Supreme Court where the counsel for […]
A.C. No. 2409 – 241 Phil. 455 – 157 SCRA 762 – Legal Ethics – Mutual Bickering Between Lawyers Atty. Manuel Macias was the counsel of Spouses Valdes for at least 20 years. Spouses Valdes were a wealthy couple owning several properties and corporations. There were still pending cases against […]
G.R. No. 164401 – 578 Phil. 262 – 555 SCRA 275 – Civil Law – Partnership – Prescription – Demand for an accounting – Oral Partnership In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the sale and distribution of Shellane LPGs. Their business was very […]
G.R. No. 126334 – 422 Phil. 10 – 370 SCRA 431 – Civil Law – Partnership – Dissolution and Winding Up – Prescription Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, Jacinto decided to leave the partnership hence they agreed to […]