Thursday, February 29, 2024

Effect of appeal

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 "It is well-settled that in criminal cases, an appeal throws the entire case wide open for review and the reviewing tribunal can corre...

Death of accused pending appeal

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 "At the outset, it is well to note that during the pendency of this appeal, the Court received a letter38 dated May 8, 2019 from the B...
Wednesday, January 31, 2024

This Court further elucidated that except for the most compelling reasons based on extraordinary circumstances, there must be a five-year minimum period before "dismissal or disbarment [can] be the subject of any kind of clemency."

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"Issue The core issue is whether Atty. Rojas should be disbarred for violating the Lawyer's Oath and the CPR. Our Ruling It is sett...
Sunday, December 31, 2023

To reiterate, the protection accorded to mortgagees in good faith cannot be extended to mortgagees of properties that are not yet registered or registered but not under the mortgagor’s name.

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 "Validity of the mortgage One of the requisites of a valid mortgage contract is ownership of the property being mortgaged.[77] Articl...

“The defense of having purchased the property in good faith may be availed of only where registered land is involved and the buyer had relied in good faith on the clear title of the registered owner.”[76] It does not apply when the land is not yet registered with the Registry of Deeds.

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"We have consistently upheld the principle that “no one can give what one does not have.”[61] A seller can only sell what he or she ow...
Thursday, November 30, 2023

We have ruled that a certificate of title is void when it covers property of the public domain classified as forest or timber and mineral lands. And any title issued on non-disposable lands even if in the hands of alleged innocent purchaser for value, shall be cancelled.

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 "Petitioners also claim that they are protected by law considering that they were buyers in good faith. Again, this assertion is witho...

No court could have ever acquired jurisdiction to order the reconstitution of Mora's TCT No. RT-40 (140) over the land which has never been originally registered.

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"We DENY. Petitioners maintain that under Section 112 of Act No. 496 (Land Registration Act), Mora's reconstituted TCT No. RT-40 (1...
Tuesday, October 31, 2023

Duties of lawyers as officers of the courts: "Indeed, while a lawyer owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. Under the Code of Professional Responsibility, a lawyer has the duty to assist in the speedy and efficient administration of justice, and is enjoined from unduly delaying a case by impeding execution of a judgment or by misusing court processes. While lawyers owe their entire devotion to the interest of their clients and zeal in the defense of their client's right, they should not forget that they are, first and foremost, officers of the court, bound to exert every effort to assist in the speedy and efficient administration of justice. Their office does not permit violation of the law or any manner of fraud or chicanery. A lawyer's responsibility to protect and advance the interests of his client does not warrant a course of action propelled by ill motives and malicious intentions against the other party. Mandated to maintain the dignity of the legal profession, they must conduct themselves honorably and fairly. They advance the honor of their profession and the best interests of their clients when they render service or give advice that meets the strictest principles of moral law."

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 "As can be gleaned from the above excerpts, however, and as duly pointed out by Atty. Tadena, Afable made no declaration as to the all...
Saturday, September 30, 2023

Interests and attorney's fees

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 "Aside from the principal amount of P248,449.63, petitioner also seeks recovery of interests thereon. As to computation of legal inter...

Payment: Burden of Evidence

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 "The next question is: whether the evidence presented by respondent supported its claim of payment. First, the Court does not agree wi...

Proof of Payment

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 "At the outset, it should be noted that respondent's defense of payment was only raised during the testimony of its first witness,...

Question of Law vs. Question of Fact

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 "The Court shall deal first with the question of whether the issues raised by petitioner are factual. An issue is factual when the dou...

Official Receipt is the best evidence to prove Payment.

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 "We have reviewed the records of the case and we are more convinced with the factual findings of the Court of Appeals. Rosita P. Lee (...

Statement of Accounts and Estoppel

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 "We agree with the Court of Appeals’ observation that petitioner did not object to the entries in the STATEMENTS OF ACCOUNT. Petitione...
Monday, July 31, 2023

Robbery with Homicide

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 "Time and time again, this Court has ruled that when conspiracy is proven, the act of one is the act of all.26 As shown above, the pro...

Conspiracy

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 "The second paragraph of Article 8 of the Revised Penal Code defines conspiracy, as follows: "A conspiracy exists when two or mor...

Conspiracy in Robbery with Homicide

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 "When conspiracy is proven in a case of robbery with homicide, all those who participated in the robbery will be held guilty of the sp...
Friday, June 30, 2023

If land is invalidly transferred to an alien who subsequently becomes a Filipino citizen or transfers it to a Filipino, the flaw in the original transaction is considered cured and the title of the transferee is rendered valid.

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 "Second, we dispose of the issue of registration of the properties in the name of respondent alone. Having found that the true buyer o...