Author: pinayjurist

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— Legal Ethics —

LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

November 28, 2017

  FACTS: Lothar Schulz, a German national filed a verified complaint for disbarment against Atty. Marcelo G. Flores.  He alleged that he engaged the services of respondent for the purposes of filing a complaint against Wilson Ong for revocation of contract and damages for the latter’s failure to deliver the jeep he sold to complainant… Read More LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

— Criminal Law —

People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs

November 28, 2017

FACTS: Accused Martin Simon was charged with a violation of Section 4, Article II of Republic Act No. 6425 or the Dangerous Drugs Act of 1972. He sold tea bags of marijuana to a Narcotics Command (NARCOM) poseur-buyer. The confiscated 4 tea bags, weighing a total of 3.8 grams, when subjected to laboratory examination, were… Read More People vs. Martin Simon G.R. No. 93028 July 29, 1994 Sale of Prohibited Drugs

— Constitutional Law, Political Law —

Lagcao vs. Labra G.R. No. 155746 October 13, 2004 Eminent Domain

November 28, 2017

FACTS: After acquiring title, petitioners tried to take possession of the lot only to discover that it was already occupied by squatters. Thus a demolition order was issued. However, when the demolition order was about to be implemented, Cebu City Mayor Alvin Garcia wrote two letters] to the MTCC, requesting the deferment of the demolition… Read More Lagcao vs. Labra G.R. No. 155746 October 13, 2004 Eminent Domain

— Political Law —

Zamora vs. Caballero G.R. No. 147767. January 14, 2004 LGU, LGC, Quorum

November 28, 2017

FACTS: Petitioner is  a member of the Sangguniang Panlalawigan of Compostela Valley filed a petition before the  RTC  against the Governor, et. al. , challenging the validity of the acts of Sanggunian , alleging that while the Journal and Resolutions indicated the presence of 13 members, the Sanggunian nonetheless “conducted official business without quorum” as… Read More Zamora vs. Caballero G.R. No. 147767. January 14, 2004 LGU, LGC, Quorum

— Bar Q & A, Constitutional Law, Political Law —

Political Law Bar Questions & Suggested Answers by the UP Law Center (1990-2005)

November 28, 2017

Jurisdiction over the GOCCs (2003) No VII – A corporation, a holder of a certificate of registration issued by the Securities and Exchange Commission, is owned and controlled by the Republic of the Philippines. The Civil Service Commission (CSC), in a memorandum-order, directs the corporation to comply with Civil Service Rules in the appointment of… Read More Political Law Bar Questions & Suggested Answers by the UP Law Center (1990-2005)

— Criminal Law —

People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear

November 27, 2017

FACTS: On July 12, 1956, Salvador Areza, a farmer residing in Lilio, Laguna, left his house carrying with him a bolo on lots scabbard to gather firewood in his farm in barrio Bubukal. When he failed to return home that day, his wife Lydia Nudal went out to search for him. She was accompanied by… Read More People vs. Rogado G.R. No. L-13025 December 29, 1959 Article 12 of the RPC, Exempting Circumstance of Uncontrollable Fear

— Legal Ethics —

BARNACHEA vs. ATTY. EDWIN T. QUIOCHO A.M. No. 5925. March 11, 2003 Code of Professional Responsibility

November 24, 2017

FACTS: Respondent had not been in the private practice of the law for quite some time.  However, in September 2001, he decided to revive his legal practice with some associates.  Complainant engaged the legal services of respondent for the latter to cause the transfer under her name of the title over a property covered by… Read More BARNACHEA vs. ATTY. EDWIN T. QUIOCHO A.M. No. 5925. March 11, 2003 Code of Professional Responsibility

— Constitutional Law, Political Law —

NICOLAS-LEWIS vs. COMELEC G.R. No. 162759 August 4, 2006 Dual Citizenship Law

November 24, 2017

FACTS: In this petition for certiorari and mandamus, petitioners, referring to themselves as “duals” or dual citizens, pray that they and others who retained or reacquired Philippine citizenship under RA 9225, the Citizenship Retention and Re‑Acquisition Act of 2003, be allowed to avail themselves of the mechanism provided under the Overseas Absentee Voting Act of… Read More NICOLAS-LEWIS vs. COMELEC G.R. No. 162759 August 4, 2006 Dual Citizenship Law

— Criminal Law —

Padua vs. People July 28, 2008 R.A. No. 9344, R.A. No. 9165, Probation Law

November 24, 2017

FACTS: The accused, Edgar Allan Ubalde and Michael Padua, a minor, seventeen (17) years old, sold, delivered and gave away to PO1 Roland A. Panis, a police poseur-buyer, one (1) folded newsprint containing 4.86 grams of marijuana. Padua’s counsel manifested that his client was willing to withdraw his plea of not guilty and enter a… Read More Padua vs. People July 28, 2008 R.A. No. 9344, R.A. No. 9165, Probation Law