Consti 1 Tañada v Tuvera‚ 136 SCRA 27 (1985) Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-63915 April 24‚ 1985 LORENZO M. TAÑADA‚ ABRAHAM F. SARMIENTO‚ and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD‚ INTEGRITY AND NATIONALISM‚ INC. [MABINI]‚ petitioners‚ vs. HON. JUAN C. TUVERA‚ in his capacity as Executive Assistant to the President‚ HON. JOAQUIN VENUS‚ in his capacity as Deputy Executive Assistant to the President ‚ MELQUIADES P. DE LA CRUZ‚ in his capacity as Director‚ Malacañang
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2180; Art. 218‚ 219 of FC 3. Civil liability arising from crime- Art. 1161; Rules on Criminal Procedure (2000)‚ Rule 111 Cases Barredo v. Garcia‚ 73 Phil. 607 (1942) Mendoza v. Arrieta‚ 91 SCRA 113 (1975) PSBA v. CA‚ 205 SCRA 729 (1992) Amadora v. CA 160 SCRA 315 (1988) Air France vs. Carrascoso 18 SCRA 155 (1966) III. Classification of Obligations A. Primary Classification Under the Civil Code 1. Pure and Conditional (Arts. 1179-1192) 2. With a period or term (Arts. 1193-1198) 3. Alternative
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equivalent. xCruz v. Fernando‚ 477 SCRA 173 (2005).[3] 1. Elements of Sale Elements of sale: (a) consent or meeting of the minds; (b) determinate subject matter; and (c) price certain in money or its equivalent. xNavarra v. Planters Dev. Bank‚ 527 SCRA 562 (2007).[4] Absence of any essential elements negates a sale xDizon v. CA‚ 302 SCRA 288 (1999)‚[5] even when earnest money has been paid. Manila Metal Container Corp. v. PNB‚ 511 SCRA 444 (2006). Sale being a
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its perfection brings about the creation of two sets of obligations: (a) Two OBLIGATIONS of the SELLER to: (i) Transfer the Ownership‚3 and 1 Alfredo v. Borras‚ 404 SCRA 145 (2003); Cruz v. Fernando‚ 477 SCRA 173 (2005); Roberts v. Papio‚ 515 SCRA 346 (2007). 2 Art. 1445 of the old Civil Code. 3 Flancia v. Court of Appeals‚ 457 SCRA 224‚ 231 (2005)‚ defines “ownership” as “the independent and general power of a person over a thing for purposes recognized by law and within the limits established thereby
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PHILIPPINE JURISPRUDENCE - FULL TEXT The Lawphil Project - Arellano Law Foundation G.R. Nos. 138934-35 January 16‚ 2002 THE PEOPLE OF THE PHILIPPINES vs. ANTHONY ESCORDIAL | | | |[pic] | |Republic of the Philippines | |SUPREME COURT
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umiikot ang mga tanong sa LEGAL ETHICS) Nature of a Lawyer’s Oath: ► The lawyer’s oath is not a mere formality recited for a few minutes in the glare of flashing cameras and before the presence of select witness. (In re: Arthur M. Cuevas‚ Jr. 285 SCRA 59‚ January 27. 1998). ►The lawyer’s oath is not mere facile words‚ drift and hollow‚ but a sacred trust that must be upheld and kept inviolable. (Sebastian v. Calis‚ Adm. Case No. 5118‚ Sept. 9‚ 1999) Duties of Attorneys: a. to maintain allegiance
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personal cultivation or with the help of the immediate farm household; and f) There is compensation in terms of payment of a fixed amount in money and/or produce. (Caballes vs. DAR‚ 168 SCRA 254 [1988]; Gabriel vs. Pangilinan‚ 58 SCRA 590 (1974); Oarde vs. CA‚ 280 SCRA 235‚ [1997]; Qua vs. CA‚ 198 SCRA 236 [1991]. AGRICULTURAL LEASEHOLD TENANCY CIVIL LAW LEASE As to Subject Matter limited to agricultural land refer to rural or urban property As to Attention and Cultivation
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CANON 14 A lawyer shall not refuse his services to the needy. The relation of attorney and client may be created not only by the voluntary agreement between them but also by the appointment of an attorney as counsel de oficio for a poor or indigent litigant‚ and the attorney so appointed has as high a duty to the indigent as to his paying client. Rule 14.01. | A lawyer shall not decline to represent a person solely on account of the latter’s 1. race 2. sex 3. creed‚ or 4. status
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CIVIL PROCEDURE Rules 1 – 71 I. GENERAL PRINCIPLES Concept of Remedial Law Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion Substantive Law as Distinguished from Remedial Law Substantive law creates‚ defines and regulates rights and duties regarding life‚ liberty or property which when violated gives rise to a cause of action (Bustos v. Lucero‚ 81 Phil. 640). Remedial law prescribes the methods of enforcing
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incurred by the plaintiff (Andamo vs IAC‚ 191 SCRA 426‚ ’96) Article 2176 of the Civil Code applies when there’s no pre-existing contractual relation between the parties. However‚ the supreme court held that even if there is contractual relation‚ there will still be quasi-delict since “the act that break the contract may be also be tort”‚ in cases of Air France vs Carrascaso‚ 18 SCRA 155; Singson vs BPI‚ 23 SCRA 1117‚ ’63; and Fabre Jr vs CA‚ 259 SCRA 426 II. Distinctions 1. a. Fault signifies
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