43 Phil. 293 – Legal Ethics – Disbarment – Moral Turpitude – Effect of Absolute Pardon In 1918, Atty. Marcelino Lontok was convicted of bigamy. Bigamy is a crime involving moral turpitude. In 1921, Lontok was pardoned by the Governor-General. The Attorney-General, however, sought for the disbarment of Atty. Lontok […]
Jurisprudence
A.M. No. 02-1-27-MCTC – 431 Phil. 408 – 381 SCRA 655 – Legal Ethics – Judicial Ethics – Grave Misconduct – MTCs cannot issue hold-departure ordersPolitical Law – Constitutional Law – Bill of Rights – Right to Travel; Freedom of Movement In 1998, two criminal cases were filed before the […]
A.C. No. 12820 – Legal Ethics – Administrative Cases Against Lawyers – Violation of the Notarial Rules – Affiants Must personally Appear before Notary Public In November 2013, several individuals went to the law office of Atty. Jonathan Tambol bringing with them affidavits for notarization. In the affidavits for notarization, […]
G.R. No. 172547 – 591 SCRA 350 – 609 Phil. 134 – Remedial Law – Summary proceedings – Rule 70 – Ejectment; Forcible Entry – Possession – better Right Civil Law – Succession – When does successional right start Fe Factor was an heiress of a huge real estate in […]
A.C. No. 13453 – 930 Phil. 538 – Legal Ethics – Legal Profession – Code of Professional Responsibility – Rule 8.01 – Improper Social Media Posts May Result in a Lawyer’s Suspension or Disbarment In January 2019, Atty. Berteni Causing posted on his Facebook account a draft of a plunder […]
G.R. No. 260021 – Criminal Law – Special Penal Laws – Anti-Child Abuse Law – Corporal Punishment in School Melany Garin was a school teacher who, one day, ordered her pupils to place in their mouths pieces of trash, consisting of scraps of paper, pencil shavings, dirt, and candy wrappers […]
G.R. No. 246892 – Labor Law – Post-Employment – Illegal Dismissal – Four-Fold Test – Delivery Riders are employees In February 2016, Chrisden Ditiangkin and several others each executed an Independent Contractor Agreement with Lazada E-Services Philippines, Inc. whereby they agreed to be riders for Lazada. Lazada is an online […]
A.M. No. 09-2-19-SC – 599 Phil. 258 – 580 SCRA 106 – Legal Ethics – Judicial Ethics – Grave Misconduct – Leaking Unpromulgated Decisions Justice Ruben Reyes was the original ponente of G.R. Nos. 178831-32, G.R. No. 179120, G.R. Nos. 179132-33, and G.R. Nos. 179240-41. These cases were consolidated. These […]
B. M. No. 1036 – 451 Phil. 428 – 451 SCRA 428 – Legal Ethics – Practice of Law – Who May Practice Law – Unauthorized Practice Of Law Edwin Rana passed the 2000 Bar Examinations. He was scheduled to take his oath on 22 May 2001. But on 21 […]
G.R. No. 231989 – 839 Phil. 598 – Criminal Law – Special Penal Laws – R.A. 9165 – Anti-Dangerous Drugs Act – Section 21 – Chain of Custody Romy Lim was subjected to a buy-bust operation. He was convicted by the trial court and his conviction was affirmed by the […]
G.R. No. 224946 – 913 Phil. 731 – Criminal Law – Book II – Special Penal Laws – Anti-Violence Against Women and their Children Act – Section 5(i) – Economic Abuse must be Deliberate Christian Acharon was an Overseas Filipino Worker. His wife sued him for economic abuse (violation of […]
G.R. No. 175999 – 762 Phil. 434 – 761 SCRA 156 – Legal Ethics – Judicial Ethics – Rule 137 – Inhibitions of a Judge – Prior participation as a prosecutor by a judge Nelson Lai was convicted of murder. He filed a motion for reconsideration where he raised the […]
G.R. No. 246579 – Remedial Law – Criminal Procedure – Rule 113; Arrest – Valid Warrantless Arrest; Hot Pursuit – Personal Knowledge May Be Obtained by Viewing a Security Footage Ramon Solomon robbed a grocery store and the incident was caught by a closed circuit TV camera (CCTV). The grocery […]
A.M. No. RTJ-21-018 – 911 Phil. 217 – Legal Ethics – Judicial Ethics – New Code of Judicial Conduct – Integrity – Propriety – Improper Facebook Posts by a Judge Judge Romeo Atillo, Jr. maintains a Facebook profile page. He posted pictures of him where he was half-naked revealing tattoos […]
G.R. No. 173473 – 594 Phil. 680 – 574 SCRA 258 – Criminal Law – Book 1 – Graduation of Penalties – Penalty for Estafa – Application of the Indeterminate Sentence Law Beth Temporada was sued by Rogelio Legaspi (defrauded of Php57,600.00), Dennis Dimaano (defrauded of Php66,520.00), Soledad Atte (defrauded […]
A.C. No. 5355 – 678 Phil. 305 – 662 SCRA 103 – Legal Ethics – Judicial Ethics – Code of Professional Responsibility – Disbarment Proceedings as Sui Generis Daniel Liangco was a judge in San Fernando, Pampanga. He was dismissed from the bench in 2000 for various infractions. The Supreme […]