G.R. No. L-40804 – 81 SCRA 393 – 171 Phil. 354 – Civil Law – Succession – Prevarication – Lawyer’s Testimony vs Witness’ Testimony The late Eugenia Danila left a will wherein she instituted among others Adelaida Nista as one of the instituted heirs. Nista petitioned before the court to […]
Jurisprudence
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G.R. No. L-36033 – 118 SCRA 195 – Civil Law – Succession – Wills – Testamentary Requirements; Substantial Compliance Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Extrinsic Validity; Due Execution of Wills – Liberal Interpretation Dorotea Perez left a will. The will has […]
G.R. No. L-5971 – 18 Phil. 450 – Civil Law – Succession – Wills – Testamentary Witnesses; What “In the presence of each other” means When a certain will was being signed, it was alleged that the testator and some subscribing witnesses were in the inner room while the other […]
G.R. No. L-31156 – 69 SCRA 460 – Taxation – Delegation to Local Governments – Double Taxation Pepsi Cola has a bottling plant in the Municipality of Tanauan, Leyte. In September 1962, the Municipality approved Ordinance No. 23 which levies and collects “from soft drinks producers and manufacturers a tax […]
G.R. No. 2715 – 5 Phil. 660 – Civil Law – Partnership – Estoppel of the Firm’s Debtor Rosatzin was the bookkeeper of the firm Behn, Meyer & Co. from 1901 to 1903. When Rosatzin left the firm’s employ, it was discovered that he owe the firm P686.24 pesos in […]
G.R. No. L-38581 – 70 SCRA 257 – Legal Ethics – Duties of the Solicitor General Remedial Law – Criminal Procedure – Motion for New Trial – New Trial Allowed if Appeal is Perfected; Exception In February 1968, Lorenzo Jose was caught possessing several firearms and explosives. He was prosecuted […]
G.R. No. 70332-43 – 145 SCRA 508 – Legal Ethics – Prosecutor Must Recommend Dismissal of Case If There is No Ground To Sustain It Trieste was the mayor of Numancia, Aklan. In 1980, during his term, the Municipality of Numancia purchased construction materials from Trigen Agro-Industrial Development Corporation. Trieste […]
G.R. No. 46371 – 69 Phil. 556 – Legal Ethics – Duty of the Prosecutor In May 1935, Atty. Fortunato Suarez was riding a train on his way to Calauag, Tayabas. Apparently he was very vocal and he was despising the abuses made by government officers. Incidentally, Lieutenant Vivencio Orais […]
G.R. No. L-80718 – 157 SCRA 757 – Legal Ethics – Lawyer’s Duty – Keep Abreast of Latest Jurisprudence De Roy was the owner of a building that was gutted by fire. The firewall of said building collapsed on the house of Luis Bernal thereby killing his daughter. Bernal […]
A.M. No. 227-RTJ – 145 SCRA 1 – Legal Ethics – Judicial Ethics – Liability of Judges for Erroneous Decisions There are two administrative cases against Judge Ildefonso Bleza here. Case 1 In 1981, a shooting incident in a cockpit occurred where Gregorio Abad, a colonel escaped death. In that […]
Adm. Case No. 2131 – 136 SCRA 349 – Legal Ethics – Use of Foreign Law Firm Name – Aliens cannot practice law In November 1979, Atty. Vicente Torres sent a letter to one Rosie Clurman, represented by Atty. Adriano Dacanay, asking Clurman to release some shares to Torres’ client. The […]
A.C. No. L-1117 – 74 Phil. 579 – Legal Ethics – Malpractice – Ambulance Chasing – Lawyer must not solicit cases – Lawyers must not advertise their services In June 1943, Atty. Estanislao Bayot advertised in a newspaper that he helps people in securing marriage licenses; that he does so […]
G.R. No. 25007 – 48 Phil. 841 – Civil Law – Partnership – Industrial Partner – Obligations as to Losses vs as to Liabilities In 1919, Arnaldo de Silva, Guillermo Aboitiz, Vidal Aboitiz and Jose Martinez formed a partnership. De Silva, Guillermo, and Vidal were the capitalist partners while Martinez […]
G.R. No. L-26937 – 50 Phil. 802 – Civil Law – Partnership – Firm Name In September 1916, Severo Eugenio Lo and Ling, together with Ping, Hun, Lam and Peng formed a commercial partnership under the name of “Tai Sing and Co.,” with a capital of P40,000 contributed by said […]
G.R. No. L-59956 – 133 SCRA 88 – 218 Phil. 105 – Civil Law – Partnership – Profit and Loss Sharing – Speculative Damages In February 1971, Isabelo Moran and Mariano Pecson entered into a partnership agreement where they agreed to contribute P15k each for the purpose of printing 95k […]
G.R. No. 135813 – 420 Phil. 313 – 368 SCRA 261 – Civil Law – Partnership – Shares in Liquidation – Net Profit vs Gross Income In June 1986, Fernando Santos (70%), Nieves Reyes (15%), and Melton Zabat (15%) orally instituted a partnership with them as partners. Their venture is […]