G.R. No. L-24114 – 33 SCRA 801 – Legal Ethics – Lawyer’s Negligence; Entry of Appearance in a Resolved Case Atty. Clemente Soriano entered his appearance in the case People’s Homesite vs Mencias and Tiburcio et al. He sought to represent Marcelino Tiburcio. The odd thing is that, when he […]
case digest
A.M. No. 10-7-17-SC – 642 SCRA 11 – Legal Ethics – Duty of Counsel To Cite Law/Jurisprudence Without Alteration Mercantile Law – Intellectual Property Law – Copyright – Plagiarism – Attribution The Malaya Lolas received an adverse decision in the case Vinuya vs Romulo decided by the Supreme Court on […]
G.R. No. 115849 – 322 Phil. 280 – 252 SCRA 259 – Legal Ethics – Forum Shopping Civil Law – Law on Sales – Contract of Sale – Parties to a Sales Contract Producers Bank (now called First Philippine International Bank), which has been under conservatorship since 1984, is the […]
A.M. No. 10-7-17-SC – Mercantile Law – Intellectual Property Law – Copyright – Plagiarism Legal Ethics – Judicial Ethics – Integrity On April 28, 2010, the Supreme Court issued a decision which dismissed a petition filed by the Malaya Lolas Organization in the case of Vinuya vs Romulo. Atty. Herminio Harry […]
G.R. No. 147749 – 525 Phil. 281 – 492 SCRA 192 – Statutory Construction – Expressio Unius est Exclusio Alterius San Pablo Manufacturing Corporation (SPMC) was assessed a 3% tax on its sales of corn and edible oil as manufactured products - this is pursuant to Section 168 of the […]
G.R. No. L-10033 – 36 Phil. 815 – Civil Law – Succession – Escheat Remedial Law – Special Proceedings – Rule 91; Escheat – No escheat if decedent testate The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that […]
G.R. Nos. L-45727-45729 – 65 Phil. 708 – Legal Ethics – Right of Client Not To Appeal Florencia De Mondia, Consolacion Decimo and four others sued the Public Service Commission. They lost in the trial court. They appealed the case however De Mondia and Decimo, through their counsel, filed a […]
A.C. No. 3773 – 344 Phil. 792 – 279 SCRA 379 – Legal Ethics – Canon 22 – Termination of Legal Services Angelita Orcino’s husband was murdered and she was zealous in prosecuting the suspects. She hired Atty. Josue Gaspar as her counsel and they agreed to a P20,000.00 attorney’s […]
A.C. No. 5859 – 650 Phil. 214 – 635 SCRA 674 – Legal Ethics – Canon 21 – Client’s Confidence and Secrets Atty. Eduardo De Vera won a case for Rosario Mercado. De Vera caused the garnishment of the bank account of the opposing party but he did not remit […]
G.R. No. L-27033 – 140 Phil. 604 – 30 SCRA 187 – Legal Ethics – Two Concepts of Attorney’s Fees Blanco was sued by Polytrade for damages as he failed to pay a delivery of rawhide (to be converted to leather and leather products). For failing to answer the suit, […]
A.C. No. 5798 – 489 Phil. 791 – Legal Ethics – Canon 20 – Duty to Avoid Controversies Involving Lawyer’s Fees Engineer Alex Cueto, for P5,000,000.00, was contracted to build a building for Jose Jimenez III. Cueto decided to have the contract be notarized and he chose Atty. Jose Jimenez, […]
A.C. No. 9390 – 692 Phil. 209 – 678 SCRA 68 – Legal Ethics – Canon 16 – Money of Client Emilia Dhaliwal was having some legal issues in purchasing a parcel of land from Fil-Estate Development, Inc. Their case reached the Housing and Land Use Regulatory Board (HLURB). She […]
G.R. No. L-2888 – 6 Phil. 498 – Civil Law – Partnership – Limited Partnership – Firm Name Hung Man Yoc sued Kieng Chiong Seng, a partnership, for collection of sum of money. The said partnership was composed of four partners: Kiong Tiao Eng, Chua Che Co, Yu Yec Pin, […]
A.M. No. 258 – 119 Phil. 6 – 9 SCRA 695 – Legal Ethics – Representing Conflicting Interests Rufina Bautista approached Atty. Benjamin Barrios to help her and two other parties to draft a Deed of Partition involving the intestate property of one other sibling who died in 1952. Barrios […]
G.R. No. L-34091 – 195 Phil. 719 – 49 SCRA 221 – Legal Ethics – Appointment of Counsel de Oficio Judicial Ethics – Impartiality – Judicial Impropriety George Daeng and three other were prisoners in the New Bilibid Prison. They were accused of killing another inmate hence they were charged […]
G.R. No. L-29015 – 159-A Phil. 111 – 63 SCRA 493 – Legal Ethics – Duty of Counsel to Be Adequately Prepared Geremias Pajarito, Samuel Pajarito, Felipe Malunsing, Alfredo Rivera, and Manuel Villegas were accused of murder. After the preliminary investigation, the murder charges against the Pajaritos were dropped. During […]