A.C. No. 2409 – 241 Phil. 455 – 157 SCRA 762 – Legal Ethics – Mutual Bickering Between Lawyers Atty. Manuel Macias was the counsel of Spouses Valdes for at least 20 years. Spouses Valdes were a wealthy couple owning several properties and corporations. There were still pending cases against […]
Jurisprudence
G.R. No. 164401 – 578 Phil. 262 – 555 SCRA 275 – Civil Law – Partnership – Prescription – Demand for an accounting – Oral Partnership In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the sale and distribution of Shellane LPGs. Their business was very […]
G.R. No. 126334 – 422 Phil. 10 – 370 SCRA 431 – Civil Law – Partnership – Dissolution and Winding Up – Prescription Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, Jacinto decided to leave the partnership hence they agreed to […]
G.R. No. 144214 – 453 Phil. 999 – 406 SCRA 145 – Civil Law – Partnership – Dissolution and Winding Up – Need for Accounting Proceedings to Determine Partner’s Share In 1984, Villareal, Carmelito Jose and Jesus Jose, formed a partnership for the purpose of operating a restaurant. Each contributed […]
G.R. No. 167379 – 526 Phil. 394 – 493 SCRA 444 – Civil Law – Partnership – Dissolution and Winding Up – Joint Venture Agreement – Rights of Innocent Party In 1994, Primelink Properties and the Lazatin siblings entered into a joint venture agreement whereby the Lazatins shall contribute a […]
G. R. No. 114243 – 326 SCRA 278 – 383 Phil. 163 – Remedial Law – Civil Procedure – Service of Summons – Invalid Service; Consequence thereof In 1965, Luneta Motor Company filed an action for recovery of a jeep and for recovery of sum of money against Lucila Java. […]
G.R. No. L-24153 – 205 Phil. 480 – 120 SCRA 658 – Political Law – Basic Principles – Police Power; General Welfare Clause – Delegation of Police Power to Municipalities In the 1980s, the City of Manila passed an ordinance prohibiting barbershops from offering massage services if the massage services […]
G.R. No. 75919 – 149 SCRA 562 – Remedial Law – Civil Procedure – Payment of Docket Fees – Claimed Damages must be Stated in the BODY and PRAYER of pleadings A complaint for specific performance was filed by Manchester Development Corporation against City Land Development Corporation to compel the […]
G.R. No. 94677 – 202 SCRA 753 – Remedial Law – Civil Procedure – Payment of Docket Fees – Pure Money Claims vs In Rem Actions Original Development and Construction Corporation (ODECOR) sued Home Insurance and Guaranty Corporation (HIGC), and the National Home Mortgage Finance Corporation (NHMC) for breach of […]
G.R. No. 161417 – 544 Phil. 45 – 515 SCRA 106 – Remedial Law – Civil Procedure – In rem vs In personam proceedings – Service of Summons – Resident Defendant – Extrinsic Fraud Ernesto Biaco, husband of Teresa Biaco, acquired several loans from Philippine Countryside Rural Bank (PCRB) from 1996 […]
G.R. No. L-30353 – 202 Phil. 415 – 117 SCRA 91 – Remedial Law – Civil Procedure – Service of Summons by a Police Officer A land dispute arose between Patricio Bello and Eugenia Ubo. Bello is claiming ownership over the property that Ubo and her son have been occupying […]
G.R. NO. 139018 – 495 Phil. 188 – 455 SCRA 20 – Remedial Law – Civil Procedure – Certification of Non-forum Shopping Not Needed in Compulsory Counterclaim In 1996, Estherlita Agana filed a complaint for annulment of title against Serrano Enterprises. Said complaint involves a property which is allegedly sold […]
AC. No. 944 – 58 SCRA 85 – 157 Phil. 87 – Legal Ethics – Mutual Bickering Between Opposing Counsels This case arose from a labor dispute where Atty. Rufino Risma represented Flora Narido, an indigent client against her employer Vergel De Dios, the client of Atty. Jaime Linsangan. During […]
G.R. No. 20993A – 45 Phil. 580 – Legal Ethics – Criticisms of Counsel This case is one of the several cases filed against Umberto de Poli. De Poli was a businessman engaged in the sale of hemp and was also a licensed warehouseman. Due to depression, weakness and sickness, […]
G.R. No. L-10040 – 33 Phil. 350 – Civil Law – Partnership – Dissolution In 1901, F. Lichauco Hermanos partnership was formed. It was provided, among others, in the partnership agreement that Faustino Lichauco will be the managing partner; and that the firm cannot be dissolved except upon the 2/3 […]
G.R. No. 26 – 1 Phil. 4 – Civil Law – Partnership – Dissolution – Assignment of Assets – Partner Becomes Co-owner A certain Evans and a certain Whaley formed a partnership at will, Evans & Whaley. The firm became indebted to Paul Blum. Eventually, the firm was dissolved. Evans, […]