CASE 2019-0000: ANGEL A. ARDE VS. ATTY. EVANGELINE DE SILVA (A.C. NO. 7607. OCTOBER 15, 2019, PER CURIAM) (SUBJECT/S: DISBARMENT; SUSPENSION) (BRIEF TITLE: ARDE VS ATTY. DE SILVA)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

ATTY. DE SILVA WAS SUSPENDED IN LAW PRACTICE BUT STILL CONTINUED PRACTICING LAW.  SHE MISAPPROPRIATED CLIENT’S MONEY.  THE COMPLETE FACTS ARE AS FOLLOWS:

WHAT PENALTY WAS METED TO ATTY. DE SILVA?

DISBARMENT.

SAID THE COURT:

 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.

SCD-2019-0040-Angel A. Arde Vs. Atty. Evangeline De Silva

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CASE 2019-0039: MOISES G. CORO VS. MONTANO B. NASAYAO (G.R. NO. 235361. OCTOBER 16, 2019, INTING, J.) (SUBJECT/S: FORGERY, MORAL DAMAGES, EXEMPLARY DAMAGES) (BRIEF TITLE: CORO VS NASAYAO)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

 PETITIONER ALLEGED THAT THE DEED OF SALE EXECUTED BY RESPONDENT PURCHASING PETITIONER’S LOT WAS FORGED. BUT PETITIONER’S PROOF CONSISTS ONLY OF HIS AVERMENTS.

MERE AVERMENTS ARE NOT ENOUGH. PETITIONER MUST PROVE FORGERY BY CLEAR, POSITIVE AND CONVINCING EVIDENCE.

HOW DO YOU PROVE FORGERY?

ARE MORAL DAMAGES PUNITIVE?

NO, THEY ARE COMPENSATORY DAMAGES FOR MENTAL PAIN AND SUFFERING OR MENTAL ANGUISH RESULTING FROM A WRONG.

HOW TO PROVE MORAL DAMAGES?

NOT BY MERE ALLEGATIONS. THERE MUST BE PROOF OF PHYSICIAL SUFFERING, MENTAL ANGUISH, FRIGHT, SERIOUS ANXIETY, BESMICHED REPUTATION, WOUNDED FEELINGS, MORAL SHOCK, SOCIAL HUMILIATION OR SIMILAR INJURY.

WHAT ARE EXEMPLARY DAMAGES AND WHAT ARE THEIR REQUISITES?

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.

SCD-2019-0039-Moises G. Coro Vs. Montano B. Nasayao

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CASE 2019-0037: MR. MRS. ERNESTO MANLAN VS. MR. AND MRS. RICARDO BELTRAN (G.R. NO. 222530, OCTOBER 16, 2019, INTING, J.) (SUBJECT/S: DOUBLE SALE OF LAND; COLLATERAL AND DIRECT ATTACK ON TITLE) (BRIEF TITLE: MANLAN VS BELTRAN)

 DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

THIS IS A  CASE OF DOUBLE SALE OF LAND. WHAT PROVISION OF LAW GOVERNS SUCH DOUBLE SALE?

ART. 1544 OF THE CIVIL CODE. ORDER OF PRIORITY: PRIOR  REGISTRATION, THEN PRIOR POSSESSION THEN OLDEST TITLE.

DOES ART 1544 APPLY TO THIS CASE?

 NO BECAUSE THERE ARE TWO SELLERS.

BASED ON THE DEEDS OF ABSOLUTE SALE, RESPONDENT’S DOAS IS BETTER AS IT WAS SIGNED BY ALL ORIGINAL OWNERS. PETITIONER HOWEVER CONTENDS THAT RESPONDENT’S DOAS WAS DEFECTIVE BECAUSE WHEN IT WAS NOTARIZED ONE OWNER WAS ALREADY DEAD. IS THIS CONTENTION CORRECT?

NO BECAUSE THE REQUIREMENT OF NOTARIZATION IS ONLY FOR CONVENIENCE.

PETITIONER POSTULATES THAT THEIR COUNTERCLAIM TO ANNUL TITLE IS A DIRECT ATTACK ON TITLE. IS THIS CLAIM CORRECT?

NO BECAUSE THIS CASE IS A CASE OF QUIETING TITLE AND RECOVERY OF POSSESSION. TO CONSTITUTE DIRECT ATTACK THE CASE MUST BE ONE OF ANNULMENT OF TITLE.

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.

SCD-2019-0037-Mr. Mrs. Ernesto Manlan Vs. Mr. and Mrs. Ricardo Beltran

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