A.C. No. 14203 – Legal Ethics – Fidelity – Duty to Account – A lawyer must not dispense illegal advice Mamerta Lizada and three others were owners of parcels of land in Cebu sought to be expropriated by the Export Processing Zone Authority (EPZA) in 1981. Lizada et al. hired […]
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A.C. No. 12661 – 871 Phil. 169 – Legal Ethics – Duty of Lawyers – Duty to Update Client of Case Status; Motion for Reconsideration Benjamin Katipunan, Jr. filed a labor case against his former employer. The Labor Arbiter awarded him $60,000.00 but he was not satisfied with the judgment […]
G.R. No. 132223 – 411 Phil. 359 – 358 SCRA 707 – Remedial Law – Special Proceedings – Guardianship – Guardians Must Be Philippine Residents Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians; Residency Requirement Reeder Vancil and Helen Belmes were live in […]
G.R. No. 268643 – Remedial Law – Special Proceedings – Guardianship – A.M. No. 03-02-05-SC; Guardianship of Minors Civil Law – Persons and Family Relations – Family Code – Parental Authority – Guardians In September 2008, Juliana Rose Oscaris was born. A day after her birth, her mother died. Since […]
G.R. No. 217755 – 863 Phil. 413 – Remedial Law – Civil Procedure – Jurisdiction of Courts; In actions for annulment of title, the assessed value of the subject property is jurisdictional In 1993, Elmer Montero discovered that Santiago Montero, Jr., through an Affidavit of Self-Adjudication, appropriated unto himself a […]
G.R. No. 228127 – Civil Law – Persons and Family Relations – Family Code – Void Marriages – Psychological Incapacity – Either Spouse May File Petition – Psychologically Incapacitated Spouse May File Petition Remedial Law – Special Proceedings – Declaration of Nullity of Marriage – Proper Party In 1988, after […]
G.R. No. 259520 – Civil Law – Persons and Family Relations – Family Code- Void Marriages – Bigamous Marriages – Guilty Spouse Cannot Seek Nullity of Bigamous Marriage Remedial Law – Special Proceedings – Declaration of Nullity of Marriages – Property Party In 1994, Maria Lina Quirit married Ho Kar […]
G.R. No. 175602 – 703 Phil. 519 – Remedial Law – Criminal Procedure – Rule 122; Appeal – Favorable judgment on appeal likewise favors those who did not appeal Eduardo and Edwin Valdez were convicted of three counts of murder and were made to suffer reclusion perpetua in each of […]
G.R. No. 175602 – 679 Phil. 279 – 663 SCRA 272 – Remedial Law – Criminal Procedure – Rule 110 – Information – Proper way to allege aggravating circumstances; treachery Brothers Eduardo Valdez and Edwin Valdez were police officers accused of killing three persons. They were charged in court for […]
G.R. No. 216056 – 891 Phil. 181 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Dying Declaration In May 2001, Roger Arquero and Rolando Licupa were walking on a rice field when all of a sudden Roberto Bernardo emerged from the hill portion of the […]
G.R. No. 249374 – Criminal Law – Book II – Crimes Against Property – Estafa; Construction Business; Practice without license – RA 4566 Ernesto Mallari is the owner of E.S. Mallari Trading and Construction Co. He entered into a construction agreement with Spouses Rodolfo and Cynthia Yumang for the construction […]
A.C. No. 11863 – Legal Ethics – Diligence and Punctuality – Grossly Negligent Lawyer May Be Disbarred In 1998, Evelyn Bratschi engaged the services of Atty. Robert Peneyra for him to be her defense counsel in a falsification case. Evelyn paid the acceptance fee and also paid Peneyra’s appearance fees […]
A.C. No. 5169 – 377 Phil. 1 – Legal Ethics – Duties of Lawyers; Due Diligence In 1987, Elmo Moton filed a civil case in Quezon City. His counsel was Atty. Raymundo Cadiao. During the scheduled pre-trial, Atty. Cadiao failed to appear hence the case was dismissed. The dismissal was […]
A.C. No. 6297 – 478 Phil. 239 – 434 SCRA 179 – Legal Ethics – Duties of a lawyer; Lawyer must be diligent In October 2001, Dolores Pariñas engaged the services of Atty. Oscar Paguinto for purposes of filing a petition for the annulment of her marriage in Manila. Atty. […]
A.C. No. 6424 – 493 Phil. 24 – 452 SCRA 675 – Legal Ethics – Lawyers must only undertake legal services they can deliver In October 2000, Consorcia Rollon sought the assistance of Atty. Camilo Naraval in a collection of sum of money case filed against her. Atty. Naraval agreed […]
G.R. No. L-31429 – 150 Phil. 214 – 43 SCRA 185 – Legal Ethics – Duties of counsel de oficio In November 1969, Roscoe Daban was sentenced to death. Atty. Sisto Demaisip was his counsel de parte. The case was elevated to the Supreme Court for automatic review. Demaisip was […]