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 […]
Case Digest
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G.R. No. L-80718 – 157 SCRA 757 – Legal Ethics – Lawyer’s Duty – Keep Abreast of Latest Jurisprudence De Roy was the owner of a building that was gutted by fire. The firewall of said building collapsed on the house of Luis Bernal thereby killing his daughter. Bernal […]
A.M. No. 227-RTJ – 145 SCRA 1 – Legal Ethics – Judicial Ethics – Liability of Judges for Erroneous Decisions There are two administrative cases against Judge Ildefonso Bleza here. Case 1 In 1981, a shooting incident in a cockpit occurred where Gregorio Abad, a colonel escaped death. In that […]
Adm. Case No. 2131 – 136 SCRA 349 – Legal Ethics – Use of Foreign Law Firm Name – Aliens cannot practice law In November 1979, Atty. Vicente Torres sent a letter to one Rosie Clurman, represented by Atty. Adriano Dacanay, asking Clurman to release some shares to Torres’ client. The […]
A.C. No. L-1117 – 74 Phil. 579 – Legal Ethics – Malpractice – Ambulance Chasing – Lawyer must not solicit cases – Lawyers must not advertise their services In June 1943, Atty. Estanislao Bayot advertised in a newspaper that he helps people in securing marriage licenses; that he does so […]
G.R. No. 25007 – 48 Phil. 841 – Civil Law – Partnership – Industrial Partner – Obligations as to Losses vs as to Liabilities In 1919, Arnaldo de Silva, Guillermo Aboitiz, Vidal Aboitiz and Jose Martinez formed a partnership. De Silva, Guillermo, and Vidal were the capitalist partners while Martinez […]
G.R. No. L-26937 – 50 Phil. 802 – Civil Law – Partnership – Firm Name In September 1916, Severo Eugenio Lo and Ling, together with Ping, Hun, Lam and Peng formed a commercial partnership under the name of “Tai Sing and Co.,” with a capital of P40,000 contributed by said […]
G.R. No. L-59956 – 133 SCRA 88 – 218 Phil. 105 – Civil Law – Partnership – Profit and Loss Sharing – Speculative Damages In February 1971, Isabelo Moran and Mariano Pecson entered into a partnership agreement where they agreed to contribute P15k each for the purpose of printing 95k […]
G.R. No. 135813 – 420 Phil. 313 – 368 SCRA 261 – Civil Law – Partnership – Shares in Liquidation – Net Profit vs Gross Income In June 1986, Fernando Santos (70%), Nieves Reyes (15%), and Melton Zabat (15%) orally instituted a partnership with them as partners. Their venture is […]
G.R. No. L-12371 – 37 Phil. 883 – Civil Law – Partnership – Share of Losses by an Industrial Partner – Estoppel – Liquidation In January 1900, Placido Gutierrez de Celis (37%), Miguel Gutierrez de Celis (37%), Miguel Alfonso (16%), Daniel Perez (5%), and Leopoldo Criado (5%) formed a partnership […]
G.R. No. 5840 – 7 Phil. 504 – Civil Law – Partnership – Co-Partner’s Liability – Misappropriation of Partnership Funds – Losses Criminal Law – Book II – Crimes Against Property – Estafa – Misappropriation Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]
A.M. No. 2026-CFI – 110 SCRA 388 – Civil Law – Succession – Will Should be Written in a Language Known to the Testator Remedial Law – Special Proceedings – Rule 76 – Grounds for Disallowing Will – Will not Duly Executed; Extrinsic Validity Legal Ethics – Judicial Ethics – […]
G.R. No. 125888 – 294 SCRA 183 – Civil Law – Succession – Donation Mortis Causa vs Donation Inter Vivos In 1979, Aurora Montinola executed a “Deed of Donation Inter Vivos” in favor of her three grandchildren Catalino Valderrama, Judy Valderrama, and Jesus Valderrama. The deed however provided that that […]
G.R. No. L-1787 – 81 Phil. 429 – Civil Law – Succession – Pagination of the Will – Witnesses to a Will – Language of the Will – Thumb Mark as Signature In 1947, Don Sixto Lopez executed a will where Jose Lopez was named an heir. Agustin Liboro questioned […]
G.R. No. 140153 – 355 SCRA 658 – 407 Phil. 1007 – Remedial Law – Civil Procedure – Substantial Compliance with the Rule on Non-Forum Shopping Spouses Antonio and Alfreda Docena were allegedly lessees of Casiano Hombria of a parcel of land located in Eastern Samar. Hombria filed a complaint […]
G.R. NO. 157912 – 540 SCRA 111 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Not Required in a Contingent Money Claim Special Proceedings – Settlement of Estate of Deceased Persons – Rule 88 – Contingent Claims Alice Sheker died and her estate was left under the […]