G.R. No. 229010 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will of a resident alien In 2011, Luz Lipson, an American residing in the Philippines executed a will which provided for the disposition of her Philippine properties. She […]
Jurisprudence
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G.R. No. 209518 – 811 Phil. 192 – Remedial Law – Civil Procedure – How Jurisdiction acquired; Summons – Voluntary Appearance Civil Law – Land Titles and Deeds – Title cannot be collaterally attached In 2011, Ana Kari Carmencita Nustad filed a civil case against Ma. Hazelina Tujan-Militante. Ana prayed […]
G.R. No. 230404 – 824 Phil. 1061 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – One must call for the probate court’s exercise of its jurisdiction, otherwise, there is a waiver In 2008, Reynaldo Rodriguez died intestate. His heirs, Rolando Rodriguez et […]
G.R. No. 169482 – 543 SCRA 63 – 567 Phil. 63 – Remedial Law – Special Proceedings – Habeas Corpus – Instances when the writ of habeas corpus may be availed of In 2005, Luisa Villanueva fetched her adopted mother, Eufemia Rodriguez, a 94 year old woman, from her residence […]
A.C. No. 6792 – 515 Phil. 635 – 480 SCRA 1 – Legal Ethics – Practice of Law – Disbarment; Commission of a Crime Involving Moral Turpitude – Homicide may or may not be a crime involving moral turpitude Robert Soriano, a taxi driver, and Atty. Manuel Dizon had […]
A.C. No. 5081 – 447 Phil. 549 – 399 SCRA 422 – Legal Ethics – Lawyers committing fraud – A lawyer should not engage in deceitful conduct In 1991, Atty. Rex Rimorin had a Special Power of Attorney notarized. The SPA made it appear that Emiliana Eustaquio et al. authorized […]
A.C. No. 5315 – 393 Phil. 188 – Legal Ethics – Duties of a lawyer – The Lawyer and his client – Misappropriation of Client’s Funds In 1997, Modesto Cunanan’s son, Andrew Philip Cunanan, died in the United States. Modesto, an American, needed to settle his immigration case with the […]
A.M. No. 08-6-352-RTC – 613 Phil. 1 – 596 SCRA 378 – Legal Ethics – Judicial Ethics – Government Lawyers, Generally, Cannot Engage in Private Practice of Law; Prohibition has limited application even after separation from service In February 2008, Atty. Karen Silverio-Buffe resigned as the Clerk of Court of […]
G.R. No. 156407 – 713 SCRA 194 – 724 Phil. 174 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of the Probate Court; The probate court is authorized to determine the issue of ownership of properties for purposes of their inclusion or exclusion from the inventory […]
G.R. No. 188921 – 670 SCRA 218 – 686 Phil. 203 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Ownership issue between heirs may be passed upon by probate court – Duties of an Administrator – When may heirs file an action for […]
G.R. No. 232579 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Successional rights may be enforced by an heir even without undergoing special proceedings; Abandonment/clarification of the doctrine laid down in the cases of Heirs of Ypon vs. Gaudioso Ricafrente and Heirs of […]
G.R. No. 224144 – 828 SCRA 482 – 811 Phil. 861 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; No need for a separate proceeding for declaration of heirship for purposes of asserting right as an heir; Successional rights start upon the death […]
G.R. No. 198680 – 700 SCRA 778 – 713 Phil. 570 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts – Declaration of heirship can only be made in a special proceedings and not in an ordinary civil action; Declaration of heirship must first […]
G.R. No. 150206 – 581 SCRA 70 – 600 Phil. 112 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Declaration of heirship can only be made in a special proceedings and not in an ordinary civil action; Exception – Practicality In 1934, Juan […]
G.R. No. 154645 – 434 SCRA 260 – 478 Phil. 343 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court; Declaration of heirship can only be made in a special proceedings and not in an ordinary civil action Rodolfo Reyes and Lourdes Reyes married […]
G.R. No. 165744 – 561 SCRA 593 – 583 Phil. 591 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Court – Probate court may resolve issue of ownership provisionally ; if no third party rights are impaired, resolution may be with finality In 1993, […]