G.R. No. 144214 – 453 Phil. 999 – 406 SCRA 145 – Civil Law – Partnership – Dissolution and Winding Up – Need for Accounting Proceedings to Determine Partner’s Share In 1984, Villareal, Carmelito Jose and Jesus Jose, formed a partnership for the purpose of operating a restaurant. Each contributed […]
Case Digest
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G.R. No. 167379 – 526 Phil. 394 – 493 SCRA 444 – Civil Law – Partnership – Dissolution and Winding Up – Joint Venture Agreement – Rights of Innocent Party In 1994, Primelink Properties and the Lazatin siblings entered into a joint venture agreement whereby the Lazatins shall contribute a […]
G. R. No. 114243 – 326 SCRA 278 – 383 Phil. 163 – Remedial Law – Civil Procedure – Service of Summons – Invalid Service; Consequence thereof In 1965, Luneta Motor Company filed an action for recovery of a jeep and for recovery of sum of money against Lucila Java. […]
G.R. No. L-24153 – 205 Phil. 480 – 120 SCRA 658 – Political Law – Basic Principles – Police Power; General Welfare Clause – Delegation of Police Power to Municipalities In the 1980s, the City of Manila passed an ordinance prohibiting barbershops from offering massage services if the massage services […]
G.R. No. 75919 – 149 SCRA 562 – Remedial Law – Civil Procedure – Payment of Docket Fees – Claimed Damages must be Stated in the BODY and PRAYER of pleadings A complaint for specific performance was filed by Manchester Development Corporation against City Land Development Corporation to compel the […]
G.R. No. 94677 – 202 SCRA 753 – Remedial Law – Civil Procedure – Payment of Docket Fees – Pure Money Claims vs In Rem Actions Original Development and Construction Corporation (ODECOR) sued Home Insurance and Guaranty Corporation (HIGC), and the National Home Mortgage Finance Corporation (NHMC) for breach of […]
G.R. No. 161417 – 544 Phil. 45 – 515 SCRA 106 – Remedial Law – Civil Procedure – In rem vs In personam proceedings – Service of Summons – Resident Defendant – Extrinsic Fraud Ernesto Biaco, husband of Teresa Biaco, acquired several loans from Philippine Countryside Rural Bank (PCRB) from 1996 […]
G.R. No. L-30353 – 202 Phil. 415 – 117 SCRA 91 – Remedial Law – Civil Procedure – Service of Summons by a Police Officer A land dispute arose between Patricio Bello and Eugenia Ubo. Bello is claiming ownership over the property that Ubo and her son have been occupying […]
G.R. NO. 139018 – 495 Phil. 188 – 455 SCRA 20 – Remedial Law – Civil Procedure – Certification of Non-forum Shopping Not Needed in Compulsory Counterclaim In 1996, Estherlita Agana filed a complaint for annulment of title against Serrano Enterprises. Said complaint involves a property which is allegedly sold […]
AC. No. 944 – 58 SCRA 85 – 157 Phil. 87 – Legal Ethics – Mutual Bickering Between Opposing Counsels This case arose from a labor dispute where Atty. Rufino Risma represented Flora Narido, an indigent client against her employer Vergel De Dios, the client of Atty. Jaime Linsangan. During […]
G.R. No. 20993A – 45 Phil. 580 – Legal Ethics – Criticisms of Counsel This case is one of the several cases filed against Umberto de Poli. De Poli was a businessman engaged in the sale of hemp and was also a licensed warehouseman. Due to depression, weakness and sickness, […]
G.R. No. L-10040 – 33 Phil. 350 – Civil Law – Partnership – Dissolution In 1901, F. Lichauco Hermanos partnership was formed. It was provided, among others, in the partnership agreement that Faustino Lichauco will be the managing partner; and that the firm cannot be dissolved except upon the 2/3 […]
G.R. No. 26 – 1 Phil. 4 – Civil Law – Partnership – Dissolution – Assignment of Assets – Partner Becomes Co-owner A certain Evans and a certain Whaley formed a partnership at will, Evans & Whaley. The firm became indebted to Paul Blum. Eventually, the firm was dissolved. Evans, […]
A.M. No. P-07-2404 – 564 Phil. 620 – 540 SCRA 42 – Legal Ethics – Judicial Ethics – Simple Neglect – Civil Service Political Law – Administrative Law – Civil Service – Tardiness and Absences An anonymous letter-complaint was sent by the employees of the Supreme Court based in Davao […]
G.R. No. L-9152 – 100 Phil. 586 – Remedial Law – Civil Procedure – Filing of Complaints – Dismissal Without Prejudice Josefina Mortel was induced by Anacleto Aspiras to marry him in Manila. Mortel agreed and so she went to Manila. Anacleto accompanied her to the city hall where Anacleto […]
A.M. No. 3249 – 179 SCRA 680 – Legal Ethics – Moral Delinquency In 1985, Atty. Laurence Cordova, while being married to Salvacion Delizo and with two children, left his wife and children to cohabit with another married woman. In 1986, Salvacion and Cordova had a reconciliation where Cordova […]