G.R. No. 120496 – 259 SCRA 120 – 328 Phil. 426 – Remedial Law – Civil Procedure – Certification of Non-Forum Shopping Should Be Signed by Plaintiff NOT Counsel One night in November 1991 at about 11pm, Ignacio Torres, while driving a bus owned by Five Star Bus Company collided […]
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G.R. No. L-3704 – 9 Phil. 326 – Civil Law – Partnership – Liability of Industrial Partners to Third Persons In 1905, Francisco Muñoz, Emilio Muñoz, and Rafael Naval formed an ordinary general mercantile partnership in accordance with the Code of Commerce. They named the partnership “Francisco Muñoz & Sons”. […]
G.R. No. 127347 – 319 SCRA 246 – 377 Phil. 257 – Civil Law – Partnership – Identity Separate and Distinct – Liability of partners vs liability of the partnership In April 1991, the spouses Ruben and Felicidad Abrogar entered into a loan agreement with a lending firm called A.C. Aguila […]
G.R. No. L-22493 – 65 SCRA 554 – Civil Law – Partnership – Liability of Partners – Pro-rata – Condonation United Pioneers General Construction Company is a general partnership formed by Benjamin Daco, Daniel Guizona, Noel Sim, Augusto Palisoc, and Romulo Lumauig. In 1961, United Pioneers purchased by installment a […]
G.R. No. 127405 – 342 SCRA 20 – 365 SCRA 463 – Civil Law – Partnership – Dissolution of the Partnership William Belo introduced Nenita Anay to his girlfriend, Marjorie Tocao. The three agreed to form a joint venture for the sale of cooking wares. Belo was to contribute P2.5 […]
G.R. No. 136448 – 317 SCRA 728 – 376 Phil. 76 – Civil Law – Partnership – Liabilities of Partners – Corporation by Estoppel It was established that Lim Tong Lim requested Peter Yao to engage in commercial fishing with him and one Antonio Chua. The three agreed to purchase […]
G.R. No. 144755 – 459 SCRA 604 – Civil Law – Secured Transactions – Mortgage – Terms of Loan Remedial Law – Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of P800k from Prominent Lending & Credit […]
53 Phil. 37 – Legal Ethics – Malpractice – Solicitation of Legal Business – Advertisement in the Legal Profession – Stirring Up of Litigation In 1928, Luis Tagorda was a provincial board member of Isabela. Before his election, he campaigned that he is a lawyer and a notary public; that […]
A.C. L-553 – B.M. No. 553 – 223 SCRA 378 – 42 SCAD 287 – Legal Ethics – Advertisement in the Legal Profession – Practice of Law In 1984, The Legal Clinic was formed by Atty. Rogelio Nogales. Its aim, according to Nogales was to move toward specialization and to […]
G.R. No. L-14070 – 1 SCRA 899 – Civil Law – Wills and Succession – Promise – Trust Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three children. He also had grandchildren from his children with Marta Cruz. In 1898, Marta Cruz died. In 1899, Blas married […]
G.R. No. 172690 – 614 SCRA 141 – Civil Law – Partnership – Partner – Periodic Accounting – Profit Sharing In 1980, the heirs of Jose Lim alleged that Jose Lim entered into a partnership agreement with Jimmy Yu and Norberto Uy. The three contributed P50,000.00 each and used the […]
A.C. No. 1261 – 126 SCRA 389 – 211 Phil. 547 – Legal Ethics – Malpractice – Solicitation of Cases; Ambulance Chasing – Attorney’s Fees cannot be shared with a non-lawyer In 1970, Atty. Timoteo David and Tan Tek Beng, a non-lawyer, entered into an agreement whereby Tan Tek Beng […]
G.R. No. L-36138 – 55 SCRA 486 – Legal Ethics – Duty of Counsel to His Client – Failure of Client to Raise Funds for Appeal Antonio Rosqueta, Jr. and two others were convicted of a crime. They appeal their conviction until it reached the Supreme Court. Their lawyer (counsel […]
G.R. No. 126881 – 341 SCRA 740 – Civil Law – Partnership – Periodic Accounting – Profit Sharing Benguet Lumber has been around even before World War II but during the war, its stocks were confiscated by the Japanese. After the war, the brothers Tan Eng Lay and Tan Eng […]
G.R. No. L-31865 – 54 SCRA 26 – Legal Ethics – Attorney’s Fees – Client May Enter Into Compromise Agreement Independent of Counsel – Quantum Meruit The Northcotts, represented by Robert Northcott, were the owners of the Dungon-Dungon Estate in Ilocos Norte. Due to their failure to pay taxes, their […]
G.R. No. 104599 – 231 SCRA 173 – Legal Ethics – Duty of a Lawyer To Encourage Settlement of Suits Labor Law – Post-Employment – Abandonment; Elements Jon De Ysasi and Jon De Ysasi III are father and sons, respectively. The elder Ysasi owns a hacienda in Negros Occidental. De […]