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POLITICAL LAW
“At the date when he applied for naturalization Nottebohm had been a German
national from the time of his birth. He had always retained his connections
with members of his family who had remained in Germany and he had always
had business connections with that country. His country had been at war for
more than a month, and there is nothing to indicate that the application for
naturalization then made by Nottebohm was motivated by any desire to
dissociate himself from the Government of his county.
He had been settled in Guatemala for 34 years. He had carried on his activities
there. It was the main seat of his interests. He returned there shortly after his
naturalization, and it remained the centre of his interests and of his business
activities. He stayed there until his removal as a result of war measures in
1943. He subsequently attempted to return there, and he now complains of
Guatemala's refusal to admit him. There, too, were several members of his
family who sought to safeguard his interests.” (Nottebohm
(Liechtenstein v. Guatemala) International Court of Justice. April 6, 1955.
1955 I.C.J. 4)
Par in parem non habet imperium– All states are sovereign equals and
cannot assert jurisdiction over one another. (G.R. No. 206510. September 16,
2014. ARIGO vs. SWIFT)
May a state invoke its internal law to justify non-compliance with its
treaty obligations?
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No. A party may not invoke the provisions of its internal law as justification
for its failure to perform a treaty. A State may not invoke the fact that its
consent to be bound by a treaty has been expressed in violation of a
provision of its internal law regarding competence to conclude treaties as
invalidating its consent. (Article 27. Vienna Convention on Law of Treaties)
Exception: Unless that violation was manifest and concerned a rule of its
internal law of fundamental importance.
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Section 16, known as the general welfare clause, encapsulates the delegated
police power to local governments. Local government units exercise
police power through their respective legislative bodies. Evidently,
the Local Government Code of 1991 is unequivocal that the municipal
mayor has the power to issue licenses and permits and suspend or
revoke the same for any violation of the conditions upon which said
licenses or permits had been issued, pursuant to law or ordinance. (G.R.
No. 198860. July 23, 2012.ABRAHAM RIMANDO, Petitioner, vs. NAGUILIAN
EMISSION TESTING CENTER, INC., represented by its President, ROSEMARIE
LLARENAS and HON. COURT OF APPEALS, Respondents.)
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Exception: The benefit of the present provision may not, however, be claimed
by a refugee whom there are reasonable grounds for regarding as a danger
to the security of the country in which he is, or who, having been convicted
by a final judgment of a particularly serious crime, constitutes a danger to the
community of that country. (Article 33 of the 1951 UN Convention Relating to
the Status of Refugees)
Tabula rasa- this is the one under which a new State starts without any of
the obligations of the predecessor State. That is, the successor state acquires
its territory with a clean-slate or tabulas rasa, therefore under no obligation
to succeed pre-independence treaties. (Dennis Funa. International Law. 2010
edition.)
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instruments, taking into account the approach that the polluter should, in
principle, bear the cost of pollution. (Principle 16 of the Rio Declaration on
Environment and Development)
Its purpose does not cover only the whole territory of this country but goes
beyond in time to the foreseeable future, which it hopes to secure and edify
with the vision and the sacrifice of the present generation of Filipinos.
Generations yet to come are as involved in this program as we are today,
although hopefully only as beneficiaries of a richer and more fulfilling life we
will guarantee to them tomorrow through our thoughtfulness today. And,
finally, let it not be forgotten that it is no less than the Constitution itself that
has ordained this revolution in the farms, calling for "a just distribution"
among the farmers of lands that have heretofore been the prison of their
dreams but can now become the key at least to their deliverance. (G.R. No.
78742. July 14, 1989. ASSOCIATION OF SMALL LANDOWNERS IN THE
PHILIPPINES, et al. vs HONORABLE SECRETARY OF AGRARIAN REFORM)
The sea advances and private properties are permanently invaded by the
waves, and in this case they become part of the shore or beach. They then
pass to the public domain, but the owner thus dispossessed does not retai n
any right to the natural products resulting from their new nature; it is a de
facto case of eminent domain, and not subject to indemnity. (THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, applicant-appellant, vs.
CONSORCIA CABANGIS, ET AL., claimants-appellees.G.R. No. L-28379
March 27, 1929.)
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The third level of scrutiny is strict scrutiny. Strict scrutiny requires that
the legislative or executive acts purpose be a compelling state interest and
that the acts classification be narrowly tailored to the purpose[least
restrictive means of interfering with the right]. Strict scrutiny is
triggered in two situations: (1) where the act infringes on a fundamental right;
and (2) where the acts classification is based on race or national origin. While
strict scrutiny purports to be only a very close judicial examination of
legislative or executive acts, for all practical purposes, an act subject to strict
scrutiny is assured of being held unconstitutional. (G. R. No. 192935.
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December 7, 2010 - Louis Barok C. Biraogo, Petitioner vs. the Philippine Truth
Commission of 2010, Respondent. Concurring and Dissenting Opinion of
Justice Nachura)
The Court should never remove a public officer for acts done prior to his
present term of office. To do otherwise would be to deprive the people of their
right to elect their officers. When the people have elected a man to office, it
must be assumed that they did this with the knowledge of his life a nd
character, and that they disregarded or forgave his fault or misconduct, if he
had been guilty of any. It is not for the court, by reason of such fault or
misconduct, to practically overrule the will of the people. The ruling that a
public officer cannot be removed for acts done prior to his present term of
office applies only to administrative liabilities committed during the previous
term of an elective official. (G.R. Nos. 217126-27. November 10,
2015.CONCHITA CARPIO MORALES, IN HER CAPACITY AS THE
OMBUDSMAN, Petitioner, v. COURT OF APPEALS (SIXTH DIVISION) AND
JEJOMAR ERWIN S. BINAY, JR., Respondents.)
Tests of obscenity:
(a) whether 'the average person, applying contemporary standards' would
find the work, taken as a whole, appeals to the prurient interest . . .;
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Drago Doctrine– The international law does not authorize foreign powers to
use military or armed force to enforce payment of public debts. (Dennis Funa
International Law 2010)
Stewardship concept- The use of property bears a social function, and all
economic agents shall contribute to the common good. Individuals and private
groups, including corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and operate economic
enterprises, subject to the duty of the State to promote distributive justice
and to intervene when the common good so demands. (Section 6. Article XII.
1987 Constitution).
Caram provision- The following are citizens of the Philippines: x x x (2) those
born in the Philippine Islands of foreign parents who, before the adoption of
this Constitution, had been elected to public office in the Philippine Islands.
(Section 1(2) Article IV of 1935 constitution)
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LABOR LAW
Unfair Labor Practice– An act defined as an unfair labor practice under the
labor code and which interferes with the right of the workers to self-
organization.
Second, Sections 40, 41 and 42 of the Civil Code do not provide at all a
definition of death. Moreover, while the Civil Code expressly provides that civil
personality may be extinguished by death, it does not explicitly state that only
those who have acquired juridical personality could die.
And third, death has been defined as the cessation of life. Life is not
synonymous with civil personality. One need not acquire civil personality first
before he/she could die. Even a child inside the womb already has life. No less
than the Constitution recognizes the life of the unborn from
conception, that the State must protect equally with the life of the mother. If
the unborn already has life, then the cessation thereof even prior to the child
being delivered, qualifies as death.
Likewise, the unborn child can be considered a dependent under the CBA. As
Continental Steel itself defines, a dependent is one who relies on another for
support; one not able to exist or sustain oneself without the power or aid of
someone else. Under said general definition,even an unborn child is
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a dependent of its parents. Hortillanos child could not have reached 38-39
weeks of its gestational life without depending upon its mother, Hortillanos
wife, for sustenance. Additionally, it is explicit in the CBA provisions in
question that the dependent may be the parent, spouse, or child of a married
employee; or the parent, brother, or sister of a single employee. The CBA did
not provide a qualification for the child dependent, such that the child must
have been born or must have acquired civil personality, as Continental Steel
avers. Without such qualification, then child shall be understood in its more
general sense, which includes the unborn fetus in the mother’s womb. (G.R.
No. 182836.October 13, 2009. CONTINENTAL STEEL MANUFACTURING
CORPORATION, Petitioner, vs. HON. ACCREDITED VOLUNTARY ARBITRATOR
ALLAN S. MONTAO and NAGKAKAISANG MANGGAGAWA NG CENTRO STEEL
CORPORATION-SOLIDARITY OF UNIONS IN THE PHILIPPINES FOR
EMPOWERMENT AND REFORMS (NMCSC-SUPER), Respondents.
Zipper Clause– A device to forestall negotiation proposals after the CBA has
been signed. It is a stipulation in a CBA indicating that issues that could have
been negotiated upon but not contained in the CBA cannot be raised for
negotiation when the CBA is already in effect. (The Labor Code with comments
and cases. Edition 8. Volume II -A. 2013 edition. Azucena.)
Equity of the incumbent- All existing federations and national unions which
meet the qualifications of a legitimate labor organization and none of the
grounds for cancellation shall continue to maintain their existing affiliates
regardless of the nature of the industry and the location of the affiliate s.
(Article 249 [240] of the Labor Code)
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within ten (10) calendar days from the time said dispute was referred to
voluntary arbitration.
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CIVIL LAW
Pactum leonine-A stipulation which excludes one or more partners from any
share in the profits or losses is void (Article 1799 of the New Civil Code or
NCC)
Disposicion Captatoria- Any disposition made upon the condition that the
heir shall make some provision in his will in favor of the testator or of any
other person shall be void. (Article 875 of NCC)
“The court of the domicile cannot and should not refer the case back to
California; such action would leave the issue incapable of determination
because the case will then be like a football, tossed back and forth between
the two states, between the country of which the decedent was a citizen and
the country of his domicile.” (G.R. No. L-16749. January 31, 1963. IN THE
MATTER OF THE TESTATE ESTATE OF EDWARD E. CHRISTENSEN,
DECEASED. ADOLFO C. AZNAR, Executor and LUCY CHRISTENSEN, Heir of the
deceased, Executor and Heir-appellees, vs. HELEN CHRISTENSEN
GARCIA, oppositor-appellant.)
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Rebus sic stantibus in civil law- When the service has become so difficult
as to be manifestly beyond the contemplation of the parties, the obligor may
also be released therefrom, in whole or in part. (Article 1267 of NCC)
Traditio Brevi Manu - or if the latter already had it in his possession for any
other reason. (Article 1499 NCC)
Equitable estoppel- The doctrine of equitable estoppel states that when one
of the two innocent persons, each guiltless of any intentional or moral wrong,
must suffer a loss, it must be borne by the one whose erroneous conduct,
either by omission or commission, was the [proximate] cause of injury.
Exception: if there is contributory negligence on the part of the other party.
Both will share the loss proportionately. (Metrobank v Cabilzo G.R. No. 154469
December 6, 2006)
What law governs in case the contract involves parties who do not
have the same nationality/involving nationals of 2 different
countries?
(1) The parties may choose the governing law; and
(2) in the absence of such a choice, the applicable law is that of the State that
"has the most significant relationship [or connection] to the
transaction and the parties.
Lex Loci Solutionis- all matters relating to the time, place, and manner of
performance and valid excuses for non-performance are determined by the
law of the place of performance. (G.R. No. 140047. July 13, 2004. PHILIPPINE
EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION ,petitioner, vs. V.P.
EUSEBIO CONSTRUCTION, INC.; 3-PLEX INTERNATIONAL, INC.; VICENTE P.
EUSEBIO; SOLEDAD C. EUSEBIO; EDUARDO E. SANTOS; ILUMINADA
SANTOS; AND FIRST INTEGRATED BONDING AND INSURANCE COMPANY,
INC., respondents.)
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Article 2185-It is presumed that a person driving a motor vehicle has been
negligent if at the time of the mishap, he was violating any traffic regulation
Criminal negligence, that is, reckless imprudence, is not one of the three
crimes mentioned in Article 33 of the Civil Code which authorizes the
institution of an independent civil action, that is, of an entirely separate and
distinct civil action for damages, which shall proceed independently of the
criminal prosecution and shall be proved only by a preponderance of evidence.
(G.R. No. L-26737. July 31, 1969. LAURA CORPUS, and the minors RICARDO,
TERESITA and CORAZON, all surnamed MARCIA and represented by their
mother LAURA CORPUS, plaintiffs-appellants, vs. FELARDO PAJE and THE
VICTORY LINER TRANSPORTATION CO., INC., defendants-appellees.)
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Nemo dat quod non habet– No one can give what he does not have.
Thus, since respondent’s predecessor-in-interest Cadwising appeared not to
have any right to the subject property, he transferred no better right to his
transferees, including respondent. (G.R. No. 158385. February 12, 2010.
MODESTO PALALI, Petitioner, vs. JULIET AWISAN, represented by her
Attorney-in-Fact GREGORIO AWISAN, Respondent.)
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Agency coupled with interest can still be revoked if there is just cause
In this appeal, it is first contended by the appellant Coleongco that the power
of attorney (Exhibit "C") was made to protect his interest under the financing
agreement (Exhibit "B") and was one coupled with an interest that the
appellee Claparols had no legal power to revoke. This point cannot be
sustained. The financing agreement itself already contained clauses for the
protection of appellant's interest, and did not call for the execut ion of any
power of attorney in favor of Coleongco.
They arise not by any word or phrase, either expressly or impliedly, evincing
a direct intention to create a trust, but one which arises in ord er to satisfy
the demands of justice. they are construed against one who by actual or
constructive fraud, duress, abuse of confidence, commission of a wrong or any
form of unconscionable conduct, artifice, concealment of questionable means,
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or who in any way against equity and good conscience has obtained or holds
the legal right to property which he ought not, in equity and good conscience,
hold and enjoy.
A resulting trust, for instance, arises where, there being no fraud or violation
of the trust, the circumstances indicate intent of the parties that legal title in
one be held for the benefit of another. It also arises in some instances where
the underlying transaction is without consideration, such as that contemplated
in Article 1449 of the Civil Code. Where property, for example, is gratuitously
conveyed for a particular purpose and that purpose is either fulfilled or
frustrated, the court may affirm the resulting trust in favor of the grantor or
transferor, where the beneficial interest in property was not intended to vest
in the grantee. (G.R. No. 175073. August 15, 2011. ESTATE OF MARGARITA
D. CABACUNGAN, represented by LUZ LAIGO-ALI, Petitioner, vs. MARILOU
LAIGO, PEDRO ROY LAIGO, STELLA BALAGOT and SPOUSES MARIO B.
CAMPOS AND JULIA S. CAMPOS, Respondents.)
Chattel mortgage can only secure obligations existing at the time the
mortgage is constituted-
While a pledge, real estate mortgage, or antichresis may exceptionally secure
after-incurred obligations so long as these future debts are accurately
described, a chattel mortgage, however, can only cover obligations
existing at the time the mortgage is constituted. (G.R. No. 103576
August 22, 1996 ACME SHOE, RUBBER & PLASTIC CORPORATION and CHUA
PAC, petitioners, vs. HON. COURT OF APPEALS, BANK OF THE PHILIPPINES
and REGIONAL SHERIFF OF CALOOCAN CITY, respondents.)
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take place, the vendor shall only pay the value which the thing sold had at the
time of the eviction. (Article 1554, First Sentence R.A. 386)
Waiver Intencionada- Should the vendee have made the waiver with
knowledge of the risks of eviction and assumed its consequences, the vendor
shall not be liable. (Article 1554, Second Sentence R.A. 386)
Nuncupative will- is an oral will that must have two witnesses and can only
deal with the distribution of personal property. Real property cannot be
transferred through a nuncupative will. A nuncupative will is considered a
"deathbed" will, meaning that it is a safety for people struck with a terminal
illness and a written will is not able to be drafted. (See Matias vs Alvarez. G.R.
No. L-4077. March 17, 1908, case when nuncupative wills are still recognized
in this jurisdiction)
Bank deposits are in the nature of irregular deposits. They are really loans
because they earn interest. All kinds of bank deposits, whether fixed, savings,
or current are to be treated as loans and are to be covered by the law on
loans. (Serrano v. Central Bank of the Philippines. 96 SCRA 96)
The principle reason for the doctrine is that the condition or appliance in
question although its danger is apparent to those of age, is so enticing or
alluring to children of tender years as to induce them to approach, get on or
use it, and this attractiveness is an implied invitation to such children.
There are numerous cases in which the attractive nuisance doctrine has not
been held not to be applicable to ponds or reservoirs, pools of water, streams,
canals, dams, ditches, culverts, drains, cesspools or sewer pools, . . . (65
C.J.S., p. 476 et seg. citing decisions of California, Georgia, Idaho, Illinois,
Kansas, Iowa, Louisiana, Miss., Missouri, Montana, Oklahoma, Pennsylvania,
Tennessee, Texas, Nebraska, Wisconsin.)
In fairness to the Court of Appeals it should be stated that the above volume
of Corpus Juris Secundum was published in 1950, whereas its decision was
promulgated on September 30, 1949.
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Nature has created streams, lakes and pools which attract children. Lurking in
their waters is always the danger of drowning. Against this danger children
are early instructed so that they are sufficiently presumed to know the danger;
and if the owner of private property creates an artificial pool on his own
property, merely duplicating the work of nature without adding any new
danger . . . (he) is not liable because of having creat ed an "attractive
nuisance." Anderson vs. Reith-Riley Const. Co., N. E., 2nd, 184, 185; 112 Ind.
App., 170.
Doctrine of last clear chance- provides that where both parties are
negligent but the negligent act of one is appreciably later in point of time than
that of the other, or where it is impossible to determine whose fault or
negligence brought about the occurrence of the incident, the one who had the
last clear opportunity to avoid the impending harm but failed to do so, is
chargeable with the consequences arising therefrom.
Stated differently, the rule is that the antecedent negligence of a person does
not preclude recovery of damages caused by the supervening negligence of
the latter, who had the last fair chance to prevent the impending harm by the
exercise of due diligence.
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ART. 827. If both vessels may be blamed for the collision, each
one shall be liable for its own damages, and both shall be jointly
responsible for the loss and damages suffered by their ca rgoes.
In disposing of this case the trial judge apparently had in mind that portion of
the section which treats of the joint liability of both vessels for loss or damages
suffered by their cargoes. In the case at bar, however, the only loss incurred
was that of the launch Euclid itself, which went to the bottom soon after the
collision. Manifestly, under the plain terms of the statute, since the evidence
of record clearly discloses, as found by the trail judge, that "both vessels may
be blamed for the collision," each one must be held may be blamed for its own
damages, and the owner of neither one can recover from the other in an action
for damages to his vessel.
Counsel for the plaintiff, basing his contention upon the theory of the facts as
contended for by him, insisted that under the doctrine of "the last clear
chance," the defendant should be held liable because, as he insists, even if
the officers on board the plaintiff's launch were negligence in failing to exhibit
proper lights and in failing to take the proper steps to keep out of the path of
the defendant's vessel, nevertheless the officers on defendant's vessel, by the
exercise of due precautions might have avoided the collision by a very simple
maneuver. But it is sufficient answer to this contention to point out
that the rule of liability in this jurisdiction for maritime accidents such
as that now under consideration is clearly, definitely, and
unequivocally laid down in the above-cited article 827 of the Code of
Commerce; and under that rule, the evidence disclosing that both
vessels were blameworthy, the owners of either can successfully
maintain an action against the other for the loss or injury of his vessel.
(G.R. No. L-8325. March 10, 1914. C. B. WILLIAMS, plaintiff-appellant, vs.
TEODORO R. YANGCO, defendant-appellant.)
While the emergency rule applies to those cases in which reflective thought,
or the opportunity to adequately weigh a threatening situation is absent, the
conduct which is required of an individual in such cases is dictated not
exclusively by the suddenness of the event which absolutely negates
thoroughful care, but by the over-all nature of the circumstances.(G.R. No.
115024. February 7, 1996. MA. LOURDES VALENZUELA, petitioner,
vs. COURT OF APPEALS, RICHARD LI and ALEXANDER COMMERCIAL,
INC., respondents.G.R. No. 117944. February 7, 1996.RICHARD LI, petitioner,
vs. COURT OF APPEALS and LOURDES VALENZUELA, respondents.)
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(3) Thus in strict point of law, Article 448 is not apposite to the case at bar.
Nevertheless, we believe that the provision therein on indemnity may be
applied by analogy considering that the primary intent of Article 448 is to
avoid a state of forced co-ownership and that the parties, including the two
courts below, in the main agree that Articles 448 and 546 of the Civil Code
are applicable and indemnity for the improvements may be paid although they
differ as to the basis of the indemnity. [Pecson was the owner of a commercial
lot located in Kamias Street, Quezon City, on which he built a four-door two-
storey apartment building. For his failure to pay realty taxes amounting
to twelve thousand pesos (P12, 000.00), the lot was sold at public auction
by the city Treasurer of Quezon City] (PEDRO P. PECSON, petitioner, vs.
COURT OF APPEALS, SPOUSES JUAN NUGUID and ERLINDA
NUGUID, respondents. G.R. No. 115814 May 26, 1995)
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TAXATION LAW
Loss limitation rule – Losses from sales or exchange capital assets shall be
allowed only to the extent of the gains from such sales or exchanges. If a bank
or trust company incorporated under the laws of the Philippines, a substantial
part of whose business is the receipt of deposits, sells any bond, debenture,
note, or certificate or other evidence of indebtedness issued by any
corporation (including one issued by a government or political subdivision
thereof), with interest coupons or in registered form, any loss resulting from
such sale shall not be subject to the foregoing limitation and shall not be
included in determining the applicability of such limitation to other losses.
(Section 39 (C) of NIRC)
Capital losses are allowed to be deducted only to the extent of capital gains,
i.e., gains derived from the sale or exchange of capital assets, and not from
any other income of the taxpayer. (G.R. No. 125508. July 19, 2000. CHINA
BANKING CORPORATION, petitioner, vs. COURT OF APPEALS,
COMMISSIONER OF INTERNAL REVENUE and COURT OF TAX
APPEALS, respondents.)
From all the foregoing, it is clear that the authority of the courts to issue
injunctive writs to restrain the collection of tax and to dispense with
the deposit of the amount claimed or the filing of the required bond is
not simply confined to cases where prescription has set in. As
explained by the Court in those cases, whenever it is determined by
the courts that the method employed by the Collector of Internal
Revenue in the collection of tax is not sanctioned by law, the bond
requirement under Section 11 of R.A. No. 1125 should be dispensed
with. The purpose of the rule is not only to prevent jeopardizing the interest
of the taxpayer, but more importantly, to prevent the absurd situation wherein
the court would declare “that the collection by the summary methods of
distraint and levy was violative of law, and then, in the same breath require
the petitioner to deposit or file a bond as a prerequisite for the issuance of a
writ of injunction. (G.R. No. 213394. April 6, 2016. SPOUSES. EMMANUEL D.
PACQUIAO and JINKEE J. PACQUIAO; Petitioners, vs. THE COURT OF TAX
APPEALS - FIRST DIVISION and THE COMMISSION OF INTERNAL REVENUE,
Respondents)
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If, during the current taxable year, the taxpayer reasonable expects to pay a
bigger income tax, he shall file an amended declaration during any interval of
installment payment dates. (SEC. 74 (C) R.A. 8484/NIRC)
Bracket Creep- The process by which inflation pushes individuals into higher
tax brackets occurs. The effect would be a heavier tax burden with no real
improvement in the taxpayer's economic position. Wage and salary-earners
are especially vulnerable. Even if a worker gets a raise in wages this year, the
raise will be illusory if the prices of consumer goods rise in the same
proportion. If her marginal tax rate also increased, the result would actually
be a decrease in the taxpayer's real disposable income . (G.R. No. 184450.
JAIME N. SORIANO, MICHAEL VERNON M. GUERRERO, MARY ANN L. REYES,
MARAH SHARYN M. DE CASTRO and CRIS P. TENORIO, Petitioners, vs.
SECRETARY OF FINANCE and the COMMISSIONER OF INTERNAL REVENUE,
Respondents.)
Example: BIR Ruling [DA-291-99] did not only expand but likewise
misapplied BIR Ruling 152-88 dated April 19, 1988 issued by the
Commissioner of Internal Revenue. The foregoing ruling provides that the
specific tax on the base stocks purchased from BOI-registered local refiners
such as the Philippine Petroleum Corporation (PPC) are already considered
fully paid and that the lubricating oils and greases produced from basestocks
and additives on which the specific tax has already been pa id are no longer
subject to specific tax pursuant to Sec. 145 (a) (1) of the Tax Code, as
amended by Executive Order No. 273. Clearly, the ruling speaks of tax
exemptions found in Sec. 145 (a) (1) of the Tax Code as amended by E.O. No.
273.
This is completely different from the subject of BIR Ruling [DA-291-99] which
pertains to the tax exemption of TWA, Inc. as a CBBE pursuant to R.A. 6810
otherwise known as the "Kalakalan 20". In other words, the cited ruling of first
impression [BIR Ruling 152-88] does not pertain to excise tax granted to
CBBEs. It refers to specific tax on base stocks purchased from SOl -registered
local refiners such as the Philippine Petroleum Corporation (PPC) which is
totally distinct from the subject of BIR Ruling [DA-291-99] which deals with
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the excise tax exemption of CBBEs ~ 6 Decision C.T.A. EB No. 143 Page 24 of
30 granted by R.A. 6810.
Therefore, on its face, BIR Ruling [DA-291-99] has no basis in view of its
failure to cite a ruling of first impression dealing with the same subject as what
it supposedly reiterates. What made matters worse is that BIR Ruling
[DA-291-99] extended the tax exemptions of a CBBE (TWA, Inc.) to
other entities (Lubwell and Filpride) that are not entitled to the tax
exemptions granted to CBBEs. TWA, Inc. is the manufacturer entitled to
tax exemptions under R.A. 6810 whereas Lubwell is the "owner or possessor"
of the manufactured petroleum products.
(a) The power to recommend the promulgation of rules and regulations by the
Secretary of Finance;
(c) The power to compromise or abate, under Sec. 204 (A) and (B) of this
Code, any tax liability: Provided, however, That assessments issued by
the regional offices involving basic deficiency taxes of Five hundred
thousand pesos (P500,000) or less, and minor criminal violations, as may
be determined by rules and regulations to be promulgated by the
Secretary of finance, upon recommendation of the Commissioner,
discovered by regional and district officials, may be compromised by a
regional evaluation board which shall be composed of the Regional
Director as Chairman, the Assistant Regional Director, the heads of the
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(A) To examine any book, paper, record, or other data which may be
relevant or material to such inquiry;
(B) To obtain on a regular basis from any person other than the person
whose internal revenue tax liability is subject to audit or
investigation, or from any office or officer of the national and local
governments, government agencies and instrumentalities,
including the Bangko Sentral ng Pilipinas and government-owned
or -controlled corporations, any information such as, but not limited
to, costs and volume of production, receipts or sales and gross incomes of
taxpayers, and the names, addresses, and financial statements of
corporations, mutual fund companies, insurance companies, regional
operating headquarters of multinational companies, joint accounts,
associations, joint ventures of consortia and registered partnerships, and
their members;
(C) To summon the person liable for tax or required to file a return, or
any officer or employee of such person, or any person having
possession, custody, or care of the books of accounts and other
accounting records containing entries relating to the business of
the person liable for tax, or any other person, to appear before the
Commissioner or his duly authorized representative at a time and
place specified in the summons and to produce such books, papers,
records, or other data, and to give testimony;
(D) To take such testimony of the person concerned, under oath, as may
be relevant or material to such inquiry; and
“We agree with the contention of the petitioner that the best evidence
obtainable may consist of hearsay evidence, such as the testimony of
third parties or accounts or other records of other taxpayers similarly
circumstanced as the taxpayer subject of the investigation, hence,
inadmissible in a regular proceeding in the regular courts. Moreover, the
general rule is that administrative agencies such as the BIR are not bound by
the technical rules of evidence. It can accept documents which cannot be
admitted in a judicial proceeding where the Rules of Court are strictly
observed. It can choose to give weight or disregard such evidence, depending
on its trustworthiness.
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(2) Any taxpayer who has filed an application for compromise of his tax
liability under Section 204(A)(2) of this Code by reason of financial
incapacity to pay his tax liability.
The term "foreign tax authority," as used herein, shall refer to the tax
authority or tax administration of the requesting State under the tax treaty or
convention to which the Philippines is a signatory or a party of. (SEC. 6 (F) of
NIRC as amended by R.A. 10021)
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(a) Where the taxpayer deliberately misstates or omits material facts from
his return or any document required of him by the Bureau of Internal Revenue;
(b) Where the facts subsequently gathered by the Bureau of Internal Revenue
are materially different from the facts on which the ruling is based; or
(c) Where the taxpayer acted in bad faith. (SEC. 246 of NIRC).
Willful blindness doctrine– Taxpayers can no longer raise the defense that
errors on their returns are not of their own doing/responsi bility but the fault
of the accountants or persons they hired. (CTA. EB CRIM. No. 006. People vs
Kintanar. Affirmed by Supreme Court in G.R. 196340)
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MERCANTILE LAW
Fictitious-payee rule- The rule protects the depositary bank and assigns the
loss to the drawer of the check who was in a better position to prevent the
loss in the first place. Due care is not even required from the drawee or
depositary bank in accepting and paying the checks. The effect is that a
showing of negligence on the part of the depositary bank will not defeat the
protection that is derived from this rule. (PHILIPPINE NATIONAL BANK vs
ERLANDO T. RODRIGUEZ and NORMA RODRIGUEZ. G.R. No. 170325,
September 26, 2008).
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Jason Clause– A provision which states that in case of maritime accident for
which the ship owner is not responsible by law, contract, or otherwise, the
cargo shippers, consignees, or owners shall contribute with the shipowne r in
the general average. (Vitug, Pandect of Commercial Law and Jurisprudence,
2006).
Clause Paramount– A provision which states that COGSA shall apply even
though the transportation is domestic, subject to the extent that if any term
of the bill of lading is repugnant to the COGSA or any applicable law, then to
the extent thereof, the bill of lading is void. (Vitug, Pandect of Commercial
Law and Jurisprudence, 2006).
Notwithstanding the rejection of the Rehabilitation Plan, the court may confirm
the Rehabilitation Plan if all of the following circumstances are present:
(a) The Rehabilitation Plan complies with the requirements specified in this
Act.
(b) The rehabilitation receiver recommends the confirmation of the
Rehabilitation Plan;
(c) The shareholders, owners or partners of the juridical debtor lose at least
their controlling interest as a result of the Rehabilitation Plan; and
(d) The Rehabilitation Plan would likely provide the objecting class of creditors
with compensation which has a net present value greater than that which
they would have received if the debtor were under liquidation. (Section
64. R.A. 10142, otherwise known as Financial Rehabilitation and
Insolvency Act (FRIA) of 2010.)
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for any corporate action cannot be obtained, with the consequence that the
business and affairs of the corporation can no longer be conducted to the
advantage of the stockholders generally, the Securities and Exchange
Commission, upon written petition by any stockholder, shall have the power
to arbitrate the dispute. In the exercise of such power, the Commission shall
have authority to make such order as it deems appropriate, including an order
X X X
Fit and Proper rule- To maintain the quality of bank management and afford
better protection to depositors and the public in general, the Monetary
Board shall prescribe, pass upon and review the qualifications and
disqualifications of individuals elected or appointed bank directors or
officers and disqualify those found unfit.
After due notice to the board of directors of the bank, the Monetary Board
may disqualify, suspend or remove any bank director or officer who commits
or omits an act which render him unfit for the position.
Shelter rule - a holder who derives his title through a holder in due
course [even though he has not satisfied the requirements under sec. 52 of
the Negotiable Instruments Law or NIL], and who is not himself a
party to any fraud or illegality affecting the instrument, has all the rights
of such former holder in respect of all parties prior to the latter. (Sec. 58
of NIL)
Referee in case of need- The drawer of a bill and any indorser may insert
thereon the name of a person to whom the holder may resort in case of need;
that is to say, in case the bill is dishonored by non-acceptance or non-
payment. Such person is called a referee in case of need. It is in the option of
the holder to resort to the referee in case of need or not, as he may see fit .
(Sec. 131 of Act no. 2031 or NIL)
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Barratry - is any willful misconduct on the part of master or crew in purs uance
of some unlawful or fraudulent purpose without the consent of the owners,
and to the prejudice of the owner's interest. Barratry necessarily requires a
willful and intentional act in its commission. No honest error of judgment or
mere negligence, unless criminally gross, can be barratry. (G.R. No. L-66935
November 11, 1985. ISABELA ROQUE, doing business under the name and
style of Isabela Roque Timber Enterprises and ONG CHIONG, petitioners, vs.
HON. INTERMEDIATE APPELATE COURT and PIONEER INSURANCE AND
SURETY CORPORATION, respondent.)
However, the foregoing two-tiered test does not apply when the
sequestered stocks are acquired with funds that are prima facie public
in character or, at least, are affected with public interest.
(1) Where government shares are taken over by private persons or e ntities
who/which registered them in their own names, and
(2) Where the capitalization or shares that were acquired with public funds
somehow landed in private hands.
The exceptions are based on the common-sense principle that legal fiction
must yield to truth; that public property registered in the names of non-
owners is affected with trust relations; and that the prima facie beneficial
owner should be given the privilege of enjoying the rights flowing from
the prima facie fact of ownership. (G.R. Nos. 147062-64. December 14, 2001.
REPUBLIC OF THE PHILIPPINES, represented by the PRESIDENTIAL
COMMISSION ON GOOD GOVERNMENT (PCGG), petitioner, vs. COCOFED et
al. and BALLARES et al., EDUARDO M. COJUANGCO JR. and the
SANDIGANBAYAN (First Division) respondents.)
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Example: The Copyright Office refused registration by letter, stating that the
RIBBON Rack did not contain any element that was "capable of independent
existence as a copyrightable pictorial, graphic or sculptural work apart from
the shape of the useful article.
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It seems clear that the form of the rack is influenced in significant measure
by utilitarian concerns and thus any aesthetic elements cannot be said to be
conceptually separable from the utilitarian elements. This is true even though
the sculptures which inspired the RIBBON Rack may well have been--the issue
of originality aside--copyrightable. (Brandir International, Inc., Plaintiff-
appellant, v. Cascade Pacific Lumber Co., D/b/a Columbia Cascade
Co.,defendant-appellee,anddavid L. Ladd, Register of Copyrights, United
Statescopyright Office, Third-party Defendant, 834 F.2d 1142 (2d Cir. 1987)).
a. Marking the close– buying and selling securities at the close of the market
to alter the closing price of the security.
e. Boiler room operations– the use of high pressure sale tactics to promot e
purchase and sale of securities
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f. Daisy chain– it refers to a series of purchase and sales of the same issue at
successively higher prices by the same group of people with the purpose of
manipulating prices are drawing unsuspecting investors into the market
leaving them defrauded of their money and securities.
(https://batasnatin.com/component/content/featured.html?id=featured&limi
t=5&start=320)
Quasi-Banking– (1) Borrowing funds for the borrower’s own account; (2)
from the public (Twenty or more persons at any one time); (3)through the
issuance, endorsement or acceptance of debt instruments of any kind, other
than deposits, such as acceptancs, promissory notes, participations,
certificates of assignments or similar instruments with recourse, trust
certificates, repurchase agreements, and such other instruments as the
Monetary Board may determine; (4) for the purpose of relending or
purchasing receivables or other obligations. (Efren Dizon. Banking Laws and
Jurisprudence. 2009)
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CRIMINAL LAW
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(i) That military commander or person either knew or, owing to the
circumstances at the time, should have known that the
forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all
necessary and reasonable measures within his or her
power to prevent or repress their commission or to submit
the matter to the competent authorities for investigation and
prosecution.
(iii) The superior failed to take all necessary and reasonable measures
within his or her power to prevent or repress their commission or
to submit the matter to the competent authorities for investigation
and prosecution. (Article 28. ROME STATUTE OF THE
INTERNATIONAL CRIMINAL COURT)
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Besides, even if he and the victim were really sweethearts, such a fact would
not necessarily establish consent. It has been consistently ruled that "a love
affair does not justify rape, for the beloved cannot be sexually violated against
her will. The fact that a woman voluntarily goes out on a date with her lover
does not give him unbridled license to have sex with her against her will. This
truism was reiterated in People v. Dreu, from which we quote:
A sweetheart cannot be forced to have sex against her will. Definitely, a man
cannot demand sexual gratification from a fiancee and, worse, employ
violence upon her on the pretext of love. Love is not a license for lust. (G.R.
No. 140278. June 3, 2004. PEOPLE OF THE PHILIPPINES, appellee,
vs. SONNY BAUTISTA y LACANILAO, appellant.)
Bond for good behavior- In all cases falling within the two next preceding
articles, the person making the threats may also be required to give bail not
to molest the person threatened, or if he shall fail to give such bail, he shall
be sentenced to destierro. (Article 284. Revised Penal Code)
Tionloc Doctrine- In People v. Amogis, this Court held that resistance must
be manifested and tenacious. A mere attempt to resist is not the resistance
required and expected of a woman defending her virtue, honor and chastity.
And granting that it was sufficient, "AAA" should have done it earlier or
the moment appellant's evil design became manifest. In other words, it
would be unfair to convict a man of rape committed against a woman who,
after giving him the impression thru her unexplainable silence of her tacit
consent and allowing him to have sexual contact with her, changed her mind
in the middle and charged him with rape. (G.R. No. 212193, February 15,
2017 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JUAN RICHARD
TIONLOC Y MARQUEZ, Accused-Appellant.)
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Absolutory cause to Article 259 of RPC – If the fertilized egg fails to swim
to the uterus and eventually develops in the fallopian tube, it may be aborted
to prevent the loss of lives of both the baby and the mother. (Article 11 (4).
RPC)
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REMEDIAL LAW
(3) Where a newly enacted statute repeals a penal law, the accused charged
under the repealed law shall be acquitted. The new law has the effect of
decriminalizing the act as punished under the repealed law.
In the same vein, the absolute repeal of P.D. 772 has the effect of
depriving a court of its authority to punish a person charged with
violation of the old law prior to its repeal. This is because an unqualified
repeal of a penal law constitutes a legislative act of rendering l egal what had
been previously declared as illegal, such that the offense no longer exists and
it is as if the person who committed it never did so.[11] Specially so, as in the
present case where it is unconditionally stated in Section 3 of R.A. No. 8368
that: (A)ll pending cases under the provisions of Presidential Decree No. 772
shall be dismissed upon the effectivity of this Act.[12] Obviously, it was the
clear intent of the law to decriminalize or do away with the crime of
squatting.([G.R. No. 138962. October 4, 2002]. PRESCILLA TUATES and
ANDRES DE LA PAZ, petitioners, vs. HON. LUCAS P. BERSAMIN, as Presiding
Judge, Branch 96, RTC Quezon City, People of the Philippines and I.C.
Construction, Inc., respondents.)
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decision is not only legally erroneous, but is likewise patently unjust and
potentially capable of causing unwarranted and irremediable injury or damage
to the parties. A second motion for reconsideration can only be entertained
before the ruling sought to be reconsidered becomes final by operation of law
or by the Court’s declaration.
Exceptions:
(1) if to correct clerical errors or mistakes;
(2) [judgement nunc pro tunc] or one placing in proper form on the
record, the judgment that had been previously rendered, to make
it speak the truth, so as to make it show what the judicial action
really was, not to correct judicial errors, such as to render a judgment
which the court ought to have rendered, in place of the one it did
erroneously render, nor to supply nonaction by the court, however
erroneous the judgment may have been [which cause no prejudice to any
party];
(3) Whenever circumstances transpire after the finality of the judgments
rendering execution unjust and inequitable. (G.R. No. 157810. February
15, 2012. Sofio vs. Valenzuela)
(a) In case of a judgment or final order upon a specific thing, the judgment
or final order, is conclusive upon the title to the thing, and
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(2) It would be unfair to hold Sta. Lucia liable again for real property taxes it
already paid simply because Pasig cannot wait for its boundary dispute with
Cainta to be decided. Its usage had been more in reference to its ordinary
meaning, than to its strict legal meaning under the Rules of
Court. Nevertheless, even without the impact of the connotation derived from
the term, our own Rules of Court state that a trial court may control its own
proceedings according to its sound discretion:
(g) To amend and control its process and orders so as to make them
comformable to law and justice.
In light of the foregoing, we hold that the Pasig RTC should have held in
abeyance the proceedings in Civil Case No. 65420, in view of the fact that the
outcome of the boundary dispute case before the Antipolo RTC will undeniably
affect both Pasig’s and Cainta’s rights. In fact, the only reason Pasig had to
file a tax collection case against Sta. Lucia was not that Sta. Lucia refused to
pay, but that Sta. Lucia had already paid, albeit to another local government
unit. Evidently, had the territorial boundaries of the contending local
government units herein been delineated with accuracy, then there would be
no controversy at all. (G.R. No. 166838. June 15, 2011. STA. LUCIA REALTY
& DEVELOPMENT, INC., Petitioner, - versus - CITY OF PASIG, Respondent,
MUNICIPALITY OF CAINTA, PROVINCE OF RIZAL. Intervenor.)
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The constitutional right of the people to a balanced and healthful ecol ogy shall
be given the benefit of the doubt. (Section 1. Rule 20 of Rules of Procedure
for environmental cases)
Requisites:
(1) The service must be rendered in an emergency situation;
(2) The service must not be performed in a negligent manner;
(3) The person rendering the service must not be the person who caused the
injury. (Section 27. Rule 130 of the Rules of Court)
(1) Evidence offered to prove that the alleged victim engaged in other
sexual behavior; and
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Writ of Contra Homo Sacer– A remedy available for persons who are killed
in police operations, and victims of vigilante groups. Under the proposed writ,
an inquest proceeding could be instituted to address deaths arising from police
operations and vigilante-style killings; it will also require the PNP to submit a
full documentation of any of its operations – from planning to implementation
and results. (https://www.pressreader.com/philippines/manila-
bulletin/20170428/281487866242631)
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3 kinds of consolidation
In the context of legal procedure, the term "consolidation" is used in three
different senses:
(1) Quasi-consolidation - Where all except one of several actions are stayed
until one is tried, in which case the judgment in the one trial is conclusive
as to the others. This is not actually consolidation but is ref erred to as
such.
(2) Actual consolidation - Where several actions are combined into one,
lose their separate identity, and become a single action in which a single
judgment is rendered. This is illustrated by a situation where several
actions are pending between the same parties stating claims which might
have been set out originally in one complaint.
(3) Consolidation for Trial - Where several actions are ordered to be tried
together but each retains its separate character and requires the entry of
a separate judgment. This type of consolidation does not merge the suits
into a single action, or cause the parties to one action to be parties to the
other. (G.R. No. 199501.March 6, 2013 REPUBLIC OF THE PHILIPPINES,
represented by the REGIONAL EXECUTIVE DIRECTOR, DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES, REGION III, Petitioner, vs.
HEIRS OF ENRIQUE ORIBELLO, JR. and THE REGISTER OF DEEDS OF
OLONGAPO CITY, Respondents.)
Harmless error rule- American courts adopted this approach especially after
the enactment of a 1915 federal statute which required a federal appellate
court to give judgment after an examination of the entire record before
the court, without regard to technical errors, defects, or exceptions
which do not affect the substantial rights of the parties. We have
likewise followed the harmless error rule in our jurisdiction. In dealing with
evidence improperly admitted in trial, we examine its damaging quality and
its impact to the substantive rights of the litigant . If the impact is slight and
insignificant, we disregard the error as it will not overcome the weight of the
properly admitted evidence against the prejudiced party.
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In the case at bar, the reference by the trial judge to reports about the
troublesome character of appellant is a harmless error. The reference is not
the linchpin of the inculpatory evidence appreciated by the trial judge in
convicting appellant. As aforestated, the appellant was convicted mainly
because of his identification by three (3) eyewitnesses with high credibility.
The NBI may have also failed to compare the bullets fired from the fatal gun
with the bullets found at the scene of the crime. The omission, however,
cannot exculpate appellant. The omitted comparison cannot nullify the
evidentiary value of the positive identification of appellant. (G.R. Nos. 111206-
08. October 6, 1995. PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.
CLAUDIO TEEHANKEE, JR., accused-appellant.)
Bedrock principle in bail- bail pending appeal should be allowed not with
leniency but with grave caution and only for strong reasons. (G.R. No.
189122. March 17, 2010. LEVISTE vs. THE COURT OF APPEALS and PEOPLE
OF THE PHILIPPINES.)
Habeas Corpus will not lie against a PNP officer detained for an
administrative case
In the instant case, PO1 Ampatuan is also facing administrative charges for
Grave Misconduct. They cited the case of Manalo v. Calderon, where this Court
held that a petition for habeas corpus will be given due course only if it shows
that petitioner is being detained or restrained of his liberty unlawfully, but a
restrictive custody and monitoring of movements or whereabouts of police
officers under investigation by their superiors is not a form of illegal detention
or restraint of liberty.
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LEGAL ETHICS
Where a lawyer is employed without a price for his services being agreed upon,
the courts shall fix the amount on quantum meruit basis. In such a case, he
would be entitled to receive what he merits for his services.
Over the years and through numerous decisions, this Court has laid down
guidelines in ascertaining the real worth of a lawyer's services. These factors
are now codified in Rule 20.01, Canon 20 of the Code of Professional
Responsibility and should be considered in fixing a reasonable compensation
for services rendered by a lawyer on the basis of quantum meruit. These are:
(a) the time spent and the extent of services rendered or required; (b) the
novelty and difficulty of the questions involved; (c) the importance of the
subject matter; (d) the skill demanded; (e) the probability of losing other
employment as a result of acceptance of the proffered case; (f) the customary
charges for similar services and the schedule of fees of the IBP chapter to
which the lawyer belongs; (g) the amount involved in the controversy and the
benefits resulting to the client from the services; (h) the contingency or
certainty of compensation; (i) the character of the employment, whether
occasional or established; and (j) the professional standing of the lawyer.(G.R.
No. 120592 March 14, 1997. TRADERS ROYAL BANK EMPLOYEES UNION-
INDEPENDENT, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION
and EMMANUEL NOEL A. CRUZ, respondents.)
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