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 […]
case digest
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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 […]
G.R. No. L-12371 – 37 Phil. 883 – Civil Law – Partnership – Share of Losses by an Industrial Partner – Estoppel – Liquidation In January 1900, Placido Gutierrez de Celis (37%), Miguel Gutierrez de Celis (37%), Miguel Alfonso (16%), Daniel Perez (5%), and Leopoldo Criado (5%) formed a partnership […]
G.R. No. 5840 – 7 Phil. 504 – Civil Law – Partnership – Co-Partner’s Liability – Misappropriation of Partnership Funds – Losses Criminal Law – Book II – Crimes Against Property – Estafa – Misappropriation Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]
A.M. No. 2026-CFI – 110 SCRA 388 – Civil Law – Succession – Will Should be Written in a Language Known to the Testator Remedial Law – Special Proceedings – Rule 76 – Grounds for Disallowing Will – Will not Duly Executed; Extrinsic Validity Legal Ethics – Judicial Ethics – […]
G.R. No. 125888 – 294 SCRA 183 – Civil Law – Succession – Donation Mortis Causa vs Donation Inter Vivos In 1979, Aurora Montinola executed a “Deed of Donation Inter Vivos” in favor of her three grandchildren Catalino Valderrama, Judy Valderrama, and Jesus Valderrama. The deed however provided that that […]
G.R. No. L-1787 – 81 Phil. 429 – Civil Law – Succession – Pagination of the Will – Witnesses to a Will – Language of the Will – Thumb Mark as Signature In 1947, Don Sixto Lopez executed a will where Jose Lopez was named an heir. Agustin Liboro questioned […]
G.R. No. 140153 – 355 SCRA 658 – 407 Phil. 1007 – Remedial Law – Civil Procedure – Substantial Compliance with the Rule on Non-Forum Shopping Spouses Antonio and Alfreda Docena were allegedly lessees of Casiano Hombria of a parcel of land located in Eastern Samar. Hombria filed a complaint […]
G.R. NO. 157912 – 540 SCRA 111 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Not Required in a Contingent Money Claim Special Proceedings – Settlement of Estate of Deceased Persons – Rule 88 – Contingent Claims Alice Sheker died and her estate was left under the […]
G.R. No. 149660 – Remedial Law – Civil Procedure – Certification Against Forum Shopping; Corporations must authorize lawyer to sign for and in behalf of the corporation In 1955, Sheryl Oabel began working for Maranaw Hotels in one of its hotel branches. In 1996, Maranaw Hotels contracted the services of […]
G.R. No. 155806 – 550 SCRA 562 – Remedial Law – Civil Procedure – When is the rule on the Certification of Non-Forum Shopping relaxed? In 1977, Tible & Tible Company, Inc. (TTCI) obtained a loan amounting to P1.5 million from Royal Savings and Loan Association. The loan matured however […]