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Case Digest: ONG v. PASCASIO

WILSON C. ONG v. ARIEL R. PASCASIO 586 SCRA 364 (2009) The Sheriff’s failure to implement the writ of possession is inexcusable and constitute dereliction of duty. Respondent Ariel R. Pascasio is the sheriff of the Municipal Trial Cort in Cities of Olongapo City while complainant Wilson C. Ong is the plaintiff in a civil […]

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Case Digest: WAH YUEN RESTAURANT v. JAYONA

WAH YUEN RESTAURANT v. PRIMO JAYONA 477 SCRA 666 (2005) Consistent with the due process requirement, the employer shall give he employee two notices Primo Jayona, hired as Assistant Manager of Wah Yuen Restaurant, filed a complaint for illegal dismissal against Wah Yuen. He was dismissed on the allegedly grounds of grave dishonesty and loss […]

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Case Digest: VIRGEN SHIPPING CORPORATION, et al. v. BARRAQUIO

VIRGEN SHIPPING CORPORATION, et al. v. JESUS B. BARRAQUIO 585 SCRA 541 (2009) Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate […]

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Case Digest: DE VICTORIA v. COURT OF APPEALS, et al.

ISIDRA VDA. DE VICTORIA v. COURT OF APPEALS, et al. 467 SCRA 78 (2005) Every lawyer pledges to act with “candor, fairness and good faith to the court. The Supreme Court granted petitioner Mario Victoria (Victoria) an extended period to file the petition, conditioned, however, on the timeliness of the filing of the Motion for […]

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Case Digest: TRAYA, JR.bv. ATTY. VILLAMOR

OCTAVIO J. TRAYA, JR.bv. ATTY. FRANCISCO M. VILLAMOR 422 SCRA 293 (2004) It is the duty of the notarial officer to demand that the document presented to him for notarization should be signed in his presence. Engineer Cynthia de la Cruz Catalya filed an application for building permit in connection with the renovation of a […]

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Case Digest: PROVINCIAL PROSECUTOR TORREVILLAS v. JUDGE NAVIDAD

PROVINCIAL PROSECUTOR MANUEL F. TORREVILLAS v. JUDGE ROBERTO A. NAVIDAD 587 SCRA 39 (2009) Judges cannot take refuge in the inefficiency or mismanagement of his court personnel since proper and efficient court management is their responsibility. On July 16, 2003, Provincial Prosecutor Manuel Torrevillas, Jr. brought to the attention of then Chief Justice Hilario G. […]

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Case Digest: SANTIAGO III v. JUSTICE ENRIQUEZ, JR.

GENARO SANTIAGO III v. JUSTICE JUAN Q. ENRIQUEZ, JR. 579 SCRA 1 (2009) Under the principle of “judicial immunity”, judges cannot be held criminally, civilly or administratively liable for an erroneous decision rendered in good faith. The complainant Genaro Santiago III filed a Petition for Reconstitution of Lost/ Destroyed Original Certificate of Title No. 56, […]

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Case Digest: SAMBAJON, et al. v. ATTY. SUING

RENERIO SAMBAJON, et al. v. ATTY. JOSE A. SUING 503 SCRA 1 (2006) The practice of law does requires only ordinary diligence or that degree of vigilance expected of a bonus pater familias. Sambajon, et al. are parties to a previous labor case in which the Atty. Jose Suing is the counsel of their employer […]

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Case Digest: ROSALES v. MONESIT SR.

ELVISA ROSALES v. DOMINADOR MONESIT SR. 551 SCRA 80 (2008) Willful non-payment of just obligation is considered a light offense. Elvisa Rosales filed a complaint against Dominador Monesit Sr.( Monesit Sr), Court Interpreter of the Municipal Trial Court of Surigao del Sur, for conduct unbecoming a court employee. In her complaint, Rosales alleged that she […]

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Case Digest: MARCOLETA v. BORRA and BRAWNER

RODANTE D. MARCOLETA v. RESURRECCION Z. BORRA and ROMEO A. BRAWNER 582 SCRA 474 (2009) An impeachable officer who is a member of the Bar cannot be disbarred without first being impeached Rodante D. Marcoleta filed a complaint for disbarment against respondents Commissioners Resurreccion Z. Borra and Romeo A. Brawner of the Commission on Elections […]

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