41 Phil. 275 – >Legal Ethics – Lawyer’s in Good Standing – Moral Turpitude Carlos Basa is a young lawyer convicted of the crime of abduction with consent. He was sentenced to two years, eleven months, and eleven days of imprisonment. The Solicitor General asked for Basa’s disbarment based on […]
case digest
G.R. Nos. 79690-707 – 166 SCRA 316 – Legal Ethics – Contemptuous Language – Duty of a Lawyer Zaldivar was the governor of Antique. He was charged before the Sandiganbayan for violations of the Anti-Graft and Corrupt Practices Act. Gonzales was the then Tanodbayan who was investigating the case. Zaldivar then […]
G.R. No. 134559 – 378 Phil. 170 – Civil Law – Partnership – Sharing of Loss in a Partnership – Industrial Partner not Liable for Losses In 1969, sisters Antonia Torres and Emeteria Baring entered into a joint venture agreement with Manuel Torres. Under the agreement, the sisters agreed to […]
G.R. NOS. 166299-300 – 513 Phil. 707 – Civil Law – Partnership – Partnership, how formed Aurelio and Eduardo are brothers. In 1973, Aurelio alleged that Eduardo entered into a contract of partnership with him. Aurelio showed as evidence a letter sent to him by Eduardo that the latter is […]
G.R. No. L-36800 – 60 SCRA 234 – Legal Ethics – Lawyer’s Duty to the Courts – Contemptuous Language Jorge Montecillo was accused by Francisco Gica of slander. Atty. Quirico del Mar represented Montecillo and he successfully defended Montecillo in the lower court. Del Mar was even able to win […]
G.R. No. 123686 – 318 SCRA 94 – Legal Ethics – Duties to the Court – Forum Shopping Arsenia Coronel incurred a P60k loan from the Rural Bank of Mabalacat. To secure the loan, she mortgaged her property. She was not able to pay the loan hence her property was […]
G.R. No. 167234 – 483 SCRA 405 – Legal Ethics – Death terminates Attorney-Client Relationship – Dead Client In 2001, Teodoro Borlongan, president of Urban Bank Inc. filed a complaint before the Ombudsman against Rafael Buenaventura, the governor of the Banko Sentral, and one Norberto Nazareno, president of the Philippine […]
A.C. NO. 6986 – 484 SCRA 91 – Legal Ethics – Duty of a lawyer in a client’s compromise agreement Julius Agustin was sued for Forcible Entry with Damages. He hired the services of Atty. Enrique Empleo. In 1998, the trial court ordered the parties to submit their compromise agreement […]
G.R. No. L-12510 – 36 Phil 797 – Legal Ethics – Unauthorized Practice of Law In 1914, a lawyer named Salvador Laguda filed a petition before the Iloilo CFI recommending that he is appointing Cesareo Durban as his procurador judicial (legal representative). The judge of the CFI approved the petition. […]
A.M. No. SC-96-1 – 341 Phil. 299 – 275 SCRA 302 – Legal Ethics – Duties to the Court – Contempt of Court by a Lawyer Atty. Damaso Flores was involved in a suit involving a debt of 1.8 million peso he loaned from one Rolando Ligon. A compromise agreement […]
A.M. No. L-363 – 5 SCRA 661 – Legal Ethics – Conditional Pardon will not bar disbarment Attorney Diosdado Gutierrez was convicted for the murder of one Filemon Samaco in 1956. He was sentenced to the penalty of reclusion perpetua. In 1958, after serving a portion of the penalty, […]
A.M. No. 1053 – 93 SCRA 87 – Legal Ethics – Lack of Candor by a Lawyer – Proper name to be used by a lawyer; Lawyer must use real name In 1979, a pending administrative case filed by Santa Pangan against Atty. Dionisio Ramos was delayed because Atty. Ramos allegedly […]
57 Phil. 23 – Legal Ethics – Obligations of a lawyer – Extrinsic fraud Sometime in the 1920’s, Engracia Cantorne sued one Petrona Basmayor for the loss of Cantorne’s shawl. Basmayor was represented Atty. Eugeniano Ducusin (some record say Ducasin). Ducusin approached Cantorne advising her not to appear in court during […]
G.R. No. L-16731 – 107 Phil. 612 – Legal Ethics – Negligence of a Lawyer – Acts that should not be delegated by a lawyer; computation of prescriptive periods are to be done by lawyers In 1956, Felipe Eco was granted a private woodland registration certification by the Bureau of […]
ADM. CASE No. 5252 – 428 SCRA 567 – Legal Ethics – Gross Misconduct – What “Conduct” Means In November 1996, Attorney Henry Adaza went to Priscilla Orbe to borrow P60k. Orbe loaned Adaza the said amount. As security, Adaza issued Orbe two checks to cover the loan plus interest. […]
G.R. No. 105461 – 227 SCRA 723 – Mercantile Law – Negotiable Instruments Law – Purpose of BP 22 Marlyn Lazaro, a businesswoman, was paid by Rudy Chua a check worth P90,000.00 so that Lazaro may deliver goods ordered by Chua. Lazaro was only able to deliver P18,000.00 worth of […]