52 Phil. 399 – Legal Ethics – Practice of Law is a Privilege Felipe Del Rosario took the bar in 1925 for the second time and he failed. He again took it in 1926 and he failed again. In 1927, he filed a motion before the Supreme Court in which […]
Case Digest
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A.C. No. 3694 – 42 SCAD 438 – 223 SCRA 425 – Legal Ethics – Gross Misconduct; Destroying Court Record/Evidence In 1990, Linda Aves was admitted to St. Lukes Hospital. Among the doctors who treated her was Dr. Alberto Fernandez. She was treated well hence she was sent home […]
B.M. No. 810 – 285 SCRA 59 – Legal Ethics – Lawyer’s Oath In 1991, a neophyte died during the initiation rites of Lex Talionis Fraternitas in the San Beda College of Law. Arthur Cuevas Jr was one of the persons charged (with murder) for the death of the neophyte. […]
G.R. No. L-35133 – 57 SCRA 349 – 156 Phil. 340 – Legal Ethics – Prosecutor Must Recommend Dismissal of Case If There is No Ground To Sustain It In April 1970, while Elino Bana was sleeping in his house, he was shot by Raymundo Madera. Behind Madera were Marianito […]
G.R. No. L-1701 – 82 Phil. 453 – Legal Ethics – Duty of a Prosecutor in the Government Service In 1946, a group of armed men robbed two jeepney drivers and divested them of the jeepneys they were driving. They also killed the two drivers. Five of the malefactors were […]
G.R. No. L-4067 – 90 Phil. 189 – Civil Law – Succession – Signature of The testator – Signing Using an X Mark – Signing for the Testator Antero Mercado left a will dated January 3, 1943. The will appears to have been signed by Atty. Florentino Javier as he wrote […]
G.R. No. L-40804 – 81 SCRA 393 – 171 Phil. 354 – Civil Law – Succession – Prevarication – Lawyer’s Testimony vs Witness’ Testimony The late Eugenia Danila left a will wherein she instituted among others Adelaida Nista as one of the instituted heirs. Nista petitioned before the court to […]
G.R. No. L-36033 – 118 SCRA 195 – Civil Law – Succession – Wills – Testamentary Requirements; Substantial Compliance Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Extrinsic Validity; Due Execution of Wills – Liberal Interpretation Dorotea Perez left a will. The will has […]
G.R. No. L-5971 – 18 Phil. 450 – Civil Law – Succession – Wills – Testamentary Witnesses; What “In the presence of each other” means When a certain will was being signed, it was alleged that the testator and some subscribing witnesses were in the inner room while the other […]
G.R. No. L-15153 – 109 Phil. 359 – Civil Law – Succession – Wills – Testamentary Requirements – Extrinsic Validity – Signature of Testator Anacleta Abellana left a will. In said will, she let a certain Juan Bello sign the will for her. The will consists of two pages. The […]
G.R. No. L-31156 – 69 SCRA 460 – Taxation – Delegation to Local Governments – Double Taxation Pepsi Cola has a bottling plant in the Municipality of Tanauan, Leyte. In September 1962, the Municipality approved Ordinance No. 23 which levies and collects “from soft drinks producers and manufacturers a tax […]
G.R. No. 2715 – 5 Phil. 660 – Civil Law – Partnership – Estoppel of the Firm’s Debtor Rosatzin was the bookkeeper of the firm Behn, Meyer & Co. from 1901 to 1903. When Rosatzin left the firm’s employ, it was discovered that he owe the firm P686.24 pesos in […]
G.R. No. L-38581 – 70 SCRA 257 – Legal Ethics – Duties of the Solicitor General Remedial Law – Criminal Procedure – Motion for New Trial – New Trial Allowed if Appeal is Perfected; Exception In February 1968, Lorenzo Jose was caught possessing several firearms and explosives. He was prosecuted […]
G.R. No. 70332-43 – 145 SCRA 508 – Legal Ethics – Prosecutor Must Recommend Dismissal of Case If There is No Ground To Sustain It Trieste was the mayor of Numancia, Aklan. In 1980, during his term, the Municipality of Numancia purchased construction materials from Trigen Agro-Industrial Development Corporation. Trieste […]
G.R. No. 46371 – 69 Phil. 556 – Legal Ethics – Duty of the Prosecutor In May 1935, Atty. Fortunato Suarez was riding a train on his way to Calauag, Tayabas. Apparently he was very vocal and he was despising the abuses made by government officers. Incidentally, Lieutenant Vivencio Orais […]
G.R. No. 70895 – 138 SCRA 46 – Remedial Law – Civil Procedure – No Extension To File Motion For Reconsideration Shugo Noda and Co, Ltd. filed a civil case against Habaluyas Enterprises before the sala of Judge Maximo Japzon. The trial court eventually ruled adversely against Shugo Noda and […]