154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued the […]
case digest
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Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law […]
PMA, as an academic institution, has the right to remove erring cadets under the principle of academic freedom But PMA must still observe due process in removing cadets PMA cadets are entitled to due process PMA cannot be compelled by mandamus to reinstate cadets separated therefrom if due process was […]
G.R. No. 120030 – 273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers of Atlas Fertilizer Corporation (Atlas). In March 1992, Atlas made an audit and it discovered that […]
G.R. No. L-45043 – 63 Phil. 369 – Criminal Law – Crimes Against Property – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he took consisted of some clothing, a wallet, a comb, a watch, some […]
G.R. No. L-59847 – 203 Phil. 23 – 117 SCRA 659 – Labor Law – Labor Relations – Illegal Strike – Backwages In January 1980, the Philippines Inter-Fashion, Inc. decided to retrench 40 employees due to alleged lack of available work for employees. As a result, the labor union therein, the Philippine Inter-Fashion […]
G.R. No. 148241 – 438 Phil. 737 – 390 SCRA 181 – Labor Law – Post-Employment – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent by Hantex Trading Co., Inc. He earns Php165.00 a day but he gets commission […]
G.R. Nos. 79937-38 – 252 Phil. 280 – 170 SCRA 274 – Remedial Law – Civil Procedure – Filing of a Complaint – Docket Fees In 1984, Sun Insurance Office, Ltd. was sued by Manuel Tiong before the Quezon City RTC. In the body of his complaint, Tiong claimed damages […]
G.R. No. 202666 – 744 Phil. 451 – 737 SCRA 92 – Political Law – Constitutional Law – Bill of Rights – Right to Privacy – Online Privacy (Social Media)Remedial Law – Special Proceedings – Writ of Habeas DataIn January 2012, Angela Tan, a high school student at St. Theresa’s […]
G.R. No. L-68288 – 226 Phil. 596 – 142 SCRA 699 – Political Law – Bill of Rights – Due Process – Due Process in Educational Institutions In 1984, Diosdado Guzman and two others complained that the National University (NU) barred them from enrolling in the said university. NU argued […]
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 […]
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 […]
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. […]