A.C. No. 9872 – 725 Phil. 358 – 714 SCRA 586 – Legal Ethics – Duty of Lawyer to Account for Client’s Money Canon 16 applies sans lawyer-client relationship In April 2006, Hilda Presbitero engaged the services of Atty. Ivan Solidum, Jr. to help her in the quieting of her […]
Jurisprudence
1315 posts
A.M. No. 1000 – 161 Phil. 437 – 69 SCRA 336 – Legal Ethics – Effect of Pardon on Pending Disbarment Case In 1966, Atty. Saturnino Parcasio was convicted of robbery with intimidation. His appeals were denied. He began serving his sentence in November 1970. Meanwhile, a disbarment case was […]
A.C. No. 6672 – 614 Phil. 327 – 598 SCRA 133 – Legal Ethics – Unethical Solicitation of Legal Business In 2005, Atty. Pedro Linsangan filed an administrative complaint against Atty. Nicomedes Tolentino alleging that Atty. Tolentino, through his paralegal Fe Marie Labiano, “pirated” a client of Atty. Linsangan. Said […]
A.M. No. P-01-1466 – 457 Phil. 363 – 410 SCRA 282 – Political Law – Administrative Law – “Just Debts” Defined Judicial Ethics – Court Employees – High Ethical Standards Law on Public Officers – Civil Service – Duties of Public Officers In 1997, Joel Feraren, Sheriff III of the […]
A.C. No. 7657 – 568 Phil. 379 – 544 SCRA 410 – Legal Ethics – Lawyer’s Duties to Clients; Case Update In 2000, Vivian Villanueva engaged the services of Atty. Cornelius Gonzales to help her transfer a title to her name. Villanueva gave Atty. Gonzales Php8,000.00 as acceptance fee. She also […]
G.R. No. 183975 – 645 Phil. 218 – 630 SCRA 659 – Remedial Law – Criminal Procedure – Appellant’s Brief; Failure to File – Abandonment of Appeal Legal Ethics – Legal Profession – Negligence of Counsel Binds Client In 2006, Gregorio Dimarucot was convicted of frustrated homicide. Dimarucot, through counsel […]
G.R. No. L-17815 – 8 SCRA 764 – Legal Ethics – Attorney’s Fees- Quantum Meruit; When Not Applicable – Negligence of Counsel In 1952, Atty. Ceferino De Los Santos, Sr. and his son, also a lawyer, were engaged by Sebastian Palanca to represent the latter in an estate proceedings case. […]
G.R. No. 102942 – 338 Phil. 105 – 271 SCRA 391 – Remedial Law – Criminal Procedure – Answer with Counterclaim in Criminal Case Not Allowed In 1991, Amado Cabaero and one other was sued for estafa by Epifanio Ceralde. After Cabaero was arraigned, he filed an Answer with Counterclaim […]
A.C. No. 9615 – 705 Phil. 321 – 692 SCRA 348 – Legal Ethics – Duty To Return Client’s Fund In 2003, Gloria Jinon engaged the services of Atty. Leonardo Jiz to help her recover a land title from her sister-in-law. Jinon paid Atty. Jiz Php17,000.00 as acceptance fee. After accepting […]
A.C. No. 10579 – 749 Phil. 576 – 744 SCRA 242 – Legal Ethics – Borrowing From Clients Not Appropriate Civil Claims Cannot Be Litigated in a Disbarment Suit In 2009, Erlinda Foster engaged the services of Atty. Jaime Agtang in a realty dispute in Ilocos Norte. Agtang’s acceptance fee […]
G.R. No. 136975 – 494 Phil. 306 – 454 SCRA 301 – Taxation Law – Tax Collection – Assessment Remedial Law – Evidence – Documentary Evidence Best Evidence Rule in Taxation vs Best Evidence Rule under the Rules of Court In 1989, an informant informed the Counter-Intelligence Division of the Economic […]
G.R. No. L-34840 – 200 Phil. 583 – 115 SCRA 193 – Remedial Law – Rule 141 – Payment of Docket Fees Civil Procedure – Pleadings – Amendments In September 1970, Mario Magaspi et al filed a civil complaint against The Shell Co. of the Philippines (Shell) for recovery of […]
G.R. No. 195432 – 742 Phil. 37 – Civil Law – Persons and Family Relations – Family Code – Article 26; Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of fact In 2001, Edelina Tungul married a Japanese citizen named Yuichiro Kobayashi. […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 – Rights […]
G.R. No. 166357 – 750 Phil. 482 – 745 SCRA 512 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Gambling in the Presence of One’s Children Testimonies of Expert Witnesses as Evaluated by the Trial Court Must […]
G.R. No. 166357 – 673 Phil. 460 – 657 SCRA 822 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 36; Psychological Incapacity – Totality of Evidence Burden of proving psychological incapacity is on the plaintiff In 1976, Valerio “Tyrone” Kalaw and […]