G.R. No. 128646 – 447 Phil. 159 – 399 SCRA 83 – Legal Ethics – Appearance of Counsel – Presumption: Counsel in Lower Court is Counsel on Appeal In November 1994, Danilo Omega obtained a favorable judgment for the annulment of his marriage with Criselda Jose. Criselda was represented by […]
Jurisprudence
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G.R. No. 167886 – 510 Phil. 839 – 474 SCRA 344 – Legal Ethics – Appearance of Counsel – Counsel May Appear Without Written Authority Land Bank and Pamintuan Development Co were parties in a case for determination of just compensation before the Department of Agrarian Reform Adjudication Board (DARAB). […]
G.R. No. 134583 – 478 Phil. 446 – 434 SCRA 342 – Legal Ethics – Diligence – Duty of Counsel to Represent Client Despite Personal Differences In 1997, Freddie Murillo was arraigned for the murder of Paz Abiera. With the assistance of Atty. Dante Garin, Murillo pleaded guilty of committing […]
A.C. No. 9259 – 693 Phil. 174 – 679 SCRA 1 – Legal Ethics – Duty of Counsel to Protect the Defenseless and the Oppressed; When not applicable Jasper Junno Rodica lost a civil case in Boracay. Rodica, through her counsel of record Atty. Joan Tabanar-Ibutnande, filed a motion for […]
G.R. No. 264193 – Criminal Law – Crimes Against Property – Estafa – Misrepresentation; Deceit In 2015, Renato Amurao convinced Sheila Suplido to engage his services in constructing her dream house. Amurao was introduced to Suplido by a friend and that friend kept on referring to Amurao as an engineer. […]
A.C. No. 3923 – 220 SCRA 512 – Legal Ethics – Merit-Based Practice; A lawyer must be honest Concordia Garcia filed a civil case against Sotero Lee by reason of Lee’s refusal to vacate Garcia’s property. Atty. Crisanto Francisco was Lee’s lawyer. In 1992, Garcia filed a disbarment case against […]
G.R. No. 183872 – 747 Phil. 1 – Civil Law – Obligations and Contracts – Article 1715 – Demand Need Not Be In Writing Spouses Dana and Cerelina Caswell contracted Owen Prosper Mackay for the installation of electric wirings in their properties. They agreed that the cost of Mackay’s service […]
G.R. No. 166391 – 772 Phil. 14 – 773 SCRA 345 – Statutory Construction – P.D. No. 49; Intellectual Property Law – When “and” means “or” Section 5(A) of PD 49 provides one of the exclusive rights of a copyright holder which is: (A) To print, reprint, publish, copy, distribute, […]
G.R. No. 256116 – Statutory Construction – RA 7309; Victims Compensation Act – Use of Conjunctive Word “and” In 2017, Main Mohammad was indicted for murder. He was accused of being a member of the Abu Sayyaf Group. Since his case was non-bailable, he underwent preventive imprisonment. After two years […]
G.R. No. 242133 – Criminal Law – Special Penal Laws – VAWC is applicable in lesbian relationships Roselyn Agacid and Maria Alexandria Bisquera were in a lesbian relationship until they rheir break-up in 2014. After their break-up, they met for purposes of Maria returning to Roselyn the things the latter […]
G.R. No. 250627 – Criminal Law – Special Penal Laws – RA 9262 – VAWC applies to women in lesbian relationships Sandra Jane Jacinto and Maria Eloisa Fouts were lesbian live-in partners for sixteen years or until their break-up in 2017. After their break-up, Jacinto physically assaulted Fouts which resulted […]
A.C. No. 9018 – 785 Phil. 303 – Legal Ethics – Conflict of Interest – Government lawyers may not represent government officials Atty. Nicanor Alvarez was a legal officer at the National Center for Mental Health under the Department of Health. He was authorized by the NCMH head to engage […]
A.C. No. 5738 – 569 Phil. 539 – 546 SCRA 209 – Legal Ethics – Conflict of Interest; A Punongbarangay must obtain written authority to practice law from the DILG Secretary Atty. Vicente Rellosa was the Punongbarangay of Barangay 723, City of Manila. He presided over a conciliation proceeding under […]
A.C. No. 13219 – Legal Ethics – Conflict of Interest – Unauthorized Practice of Law ; Legal officers cannot represent government officials Since 2011, Atty. Richard Enojo has been the provincial legal officer of Negros Oriental. In 2013, Negros Oriental Gov. Roel Degamo was sued before the Ombudsman for malversation. […]
A.C. No. 7121 – Legal Ethics – Integrity; Honesty – A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead or allow the Court to be misled by any artifice – Misleading pleadings Atty. Evelyn is the stepmother of Emiliani […]
G.R. No. 254005 – Criminal Law – Special Penal Laws – R.A. No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act – There is no crime of grave oral defamation in relation to Section 10(a) of R.A. 7610 – intent to debase, degrade or demean the […]