Archive for June, 2022


DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

COMPLAINANTS FILED A QUIETING OF TITLE CASE AGAINST DIVINA SPOUSES. DIVINA SPOUSES FAILED TO ANSWER AND WERE DECLARED IN DEFAULT. RTC RULED IN FAVOR OF COMPLAINANTS. THE CASE WAS APPEALED TO CA AND CA AFFIRMED RTC DECISION. THE CA DECISION BECAME FINAL. THEN HERE COMES ATTY BRILLANTES AS COUNSEL OF DIVINA SPOUSES. HE FILED A CASE FOR ANNULMENT OF RTC DECISION ON GROUND THAT DIVINA SPOUSES BELATEDLY RECEIVED A COPY OF THE RTC DECISION. ATTY BRILLANTES SAID HE MERELY RELIED ON THE REPRESENTATION OF THIS CLIENT WHICH WAS NOT TRUE. AND ATTY BRILLANTES BY REVIEWING THE COURT RECORDS WOULD KNOW THAT HIS CLIENT’S REPRESENTATION WAS NOT TRUE. AND HE WAS AWARE OF WHAT WAS TRUE. HIS ACT DELAYED THE SETTLEMENT OF THE ESTATE OF REYES SPOUSES. DISBARMENT CASE WAS FILED AGAINST HIM. SUPREME COURT SAID HE BE JUST SUSPENDED FOR 6 MONTHS BECAUSE, AMONG OTHER THINGS, HE ADMITTED HIS MISDEMEANOR AND APOLOGIZED.

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WHAT WERE THE LEGAL GROUNDS FOR THE TRANSGRESSION OF ATTY BRILLANTES?

WHAT WERE THE REASONS ATTY BRILLANTES WAS NOT DISBARRED BUT WAS ONLY SUSPENDED FOR 6 MONTHS?

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER PERFORMED POORLY IN HER WORK. SHE WAS NOT ABLE TO CREATE A NEW CENTER OR DISBURSE LOAN. FURTHER, SHE DEFIED COMPANY RULES. THERE IS THEREFORE GROUND TO TERMINATE HER PROBATIONARY EMPLOYMENT EVEN BEFORE THE PROBATIONARY PERIOD HAS NOT YET EXPIRED.

IS PETITIONER ENTITLED TO SALARY FOR THE REMAINING PERIOD OF HER PROBATIONARY EMPLOYMENT?

SHE IS NOT ENTITLED BECAUSE OF THE VALIDITY OF HER DISMISSAL PREDICATED ON HER FAILURE TO MEET THE STANDARDS MADE KNOWN TO HER.

PETITIONER PROBATIONARY EMPLOYEE WAS NOT ABLE TO ACCOMPLISH THE PURPOSE SOUGHT BY THE EMPLOYER WITHIN THE TRIAL PERIOD. CAN EMPLOYER TERMINATE HER SERVICES.

YES, THE EMPLOYER IS NOT PRECLUDED FROM TERMINATING THE PROBATIONARY EMPLOYMENT ON JUSTIFIABLE GROUND.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

PETITIONER’S TITLE PERTAINS TO A DIFFERENT PROPERTY AND WAS REGISTERED IN THE NAME OF ANOTHER PERSON AND WAS ALREADY CANCELLED. THUS, HE HAS NO LEGAL OR EQUITABLE TITLE OVER THE SUBJECT PROPERTY. THUS HIS COMPLAINT MUST BE DISMISSED.

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WHAT ARE THE REQUISITES IN ORDER THAT THE COMPLAINT FOR QUIETING OF TITLE MAY PROSPER?

FIRST, THAT THE PLAINTIFF HAS LEGAL TITLE OR EQUITABLE INTEREST ON THE PROPERTY. SECOND THAT THE CLAIM OVER THE PROPERTY IS INVALID.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.