CASE 2019-0035: EDGAR M. RICO VS. ATTYS. JOSE R. MADRAZO, JR., ET AL. (A.C. NO. 7231. OCTOBER 1, 2019, PERALTA, J.) (SUBJECT/S: NOTARIAL LAW AND RULES) (BRIEF TITLE: RICO VS ATTY MADRAZO ET AL.)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

RESPONDENT NOTARY PUBLIC RAISED THE DEFENCE THAT HE DELEGATED THE NOTARIAL WORK TO HIS SECRETARY AND THUS THE ERRORS. IS THIS DEFENSE VALID?

NO BECAUSE A LAWYER SHOULD NOT DELEGATE THE PERFORMANCE OF ANY TASK TO SOMEONE NOT QUALIFIED TO PERFORM IT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2019-0035-Edgar M. Rico Vs. Attys. Jose R. Madrazo, Jr., et al. 

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CASE 2019-0033: BDO LIFE ASSURANCE, INC. VS. ATTY. EMERSON U. PALAD (G.R. NO. 237845. OCTOBER 16, 2019, REYES A. JR., J.) (SUBJECT/S: PROBABLE CAUSE, CONSPIRACY) (BRIEF TITLE: BDO VS ATTY PALAD)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

ATTY PALAD WAS PRESENT DURING THE ENTRAPMENT. IS THIS EVIDENCE THAT ATTY PALAD WAS IN CONSPIRACY WITH THE CULPRITS?

NO BECAUSE TO HOLD HIM LIABLE AS CONSPIRATOR HE MUST PERFORM AN OVERT ACT IN FURTHERANCE OF THE CONSPIRACY. MERE KNOWLEDGE OF THE ACT IS NOT SUFFICIENT. THERE MUST BE COOPERATION AND AGREEMENT TO COOPERATE ON HIS PART.

PROSECUTION SAYS PALAD MUST PROVE HIS INNOCENCE DURING TRIAL. IS THIS CONTENTION CORRECT?

NO BECAUSE IT IS CONTRARY TO THE PURPOSE OF A PRELIMINARY INVESTIGATION: TO SECURE THE INNOCENT FROM HASTY, MALICIOUS AND OPPRESSIVE PROSECUTION.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2019-0033-BDO Life Assurance, Inc. Vs. Atty. Emerson U. Palad

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CASE 2019-0008: PEOPLE OF THE PHILIPPINES VS. INDUSTRIAL INSURANCE COMPANY, INC. (G.R. NO. 222955. OCTOBER 16, 2019, 16 OCTOBER 2019, REYES J. JR. J) (SUBJECT/S: FORUM SHOPPING) (BRIEF TITLE: PEOPLE VS INDUSTRIAL INSURANCE)

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHEN IS THERE FORUM SHOPPING?

WHEN TWO ACTIONS HAVE IDENTITY OF PARTIES, IDENTITY OF RIGHT OR CAUSE OF ACTION AND IDENTITY OF RELIEFS SOUGHT.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2019-0032-BF Citiland Corporation Vs. Bankgo Sentral ng Pilipinas

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