PROJECT JURISPRUDENCE

If the answer to the following four (4) questions is yes, the counterclaim is compulsory: Are the issues of fact and law raised by the claim and the counterclaim largely the same?  Would res judicata bar a subsequent suit on defendant’s claims, absent the compulsory counterclaim rule?  Will substantially the same evidence support or refute plaintiff’s claim as well as the counterclaim? Is there any logical relation between the claim and counterclaim? The above is called the "logical relationship test" which was mentioned in the 2010 case of GSIS v. Heirs of Caballero (G.R. No. 158090). In this case, the Supreme Court held the following: Tested against the above-mentioned criteria, this Court agrees with the CA's view that petitioner's counterclaim for the recovery of the amount representing rentals collected by Fernando from the CMTC is permissive. The evidence needed by Fernando to cause the annulment of the bid award, deed of absolute sale and TCT is d

Dear PAO, Read more: The Manila Times. September 3, 2013. Notice to mortgagor in extrajudicial foreclosure proceeding not necessary. www.manilatimes.net/2013/09/03/legal-advice/dearpao/notice-to-mortgagor-in-extrajudicial-foreclosure-proceeding-not-necessary/36290. My land was mortgaged to a lending corporation in connection with our loan agreement way back in 2007. I was not able to pay for the loan within the period agreed upon. In 2012, I went to the lending corporation to ask for a loan balance statement to be able to ask for the reconstruction of my loan so that I can pay for it. Unfortunately, I was informed that my property was already sold by the sheriff in 2010. Can I still get my property considering that I was not notified of any sale by the sheriff? Mrs. Santos Dear Mrs. Santos, The payment of a loan may be guaranteed by either real estate mortgage or pledge. Where mortgage has been constituted over a real estate property, the said property may be alienated for the

Holiday pay is a legislated benefit enacted as part of the Constitutional imperative that the State shall afford protection to labor.[1] Its purpose is not merely "to prevent diminution of the monthly income of the workers on account of work interruptions. In other words, although the worker is forced to take a rest, he earns what he should earn, that is, his holiday pay."[2] It is also intended to enable the worker to participate in the national celebrations held during the days identified as with great historical and cultural significance. Independence Day (June 12), Araw ng Kagitingan (April 9), National Heroes Day (last Sunday of August), Bonifacio Day (November 30) and Rizal Day (December 30) were declared national holidays to afford Filipinos with a recurring opportunity to commemorate the heroism of the Filipino people, promote national identity, and deepen the spirit of patriotism. Labor Day (May 1) is a day traditionally reserved to celebrate the contributions of the

Under Office of the Court Administrator (OCA) Circular No. 96-2009, citing A.M. No. 04-2-04 SC, the payment of filing fees for compulsory counterclaims remains suspended effective September 21, 2004. The circular noted the confusion caused by the decision in Korea Technologies v. Lerma (G.R. No. 143581) and gave a clarification. In the Korea Technologies v. Lerma case, the Supreme Court stated that docket fees are required to be paid in compulsory counterclaims. This ruling has been deleted in a revised issuance. A.M. No. 04-2-04-SC (Re: Revised Upgrading Schedule of the Legal Fees in the Supreme Court and the Lower Courts under Rule 141 of the Rules of Court) The Court Resolved, upon the recommendation of the Office of the Court Administrator Committee on Legal Fees, to: (a) ADOPT and APPROVE the following proposed amendments to the Guidelines in the Implementation of Section 1, Rule 141, Rules of Court, as amended: Section 2. Modes of Payment. — The filing fees shall be pai

It does not follow, just because a defense attorney represents a person that has committed terrible crimes, that the attorney wants everybody to be allowed to do the same thing. At first blush, it is easy to understand how someone might make that mistake. Careful thought, however, will make the answer clear. Read more: Matt Howell, Former federal prosecutor; criminal defense attorney; civil litigator. June 11, 2019. www.quora.com/Why-do-good-lawyers-support-defend-criminals. There are two great man-made forces that, if left unchecked, would make life miserable. Indeed, throughout history, each of them has done just that on many occasions. The first of these two forces is anarchy/criminality. If criminals are allowed to do what they want, none of us would ever feel secure. We would spend all our time making sure we would not be suddenly attacked and at we would be prepared in case we were. Additionally, none of us would work to generate food, clothing, housing, medicines, or any other g

Why do you think lawyers, as a group, have such a universal reputation for dishonesty?   Paige Andre-Hudson of De Funiak Springs, Fla., wrote: “Could it be because the group has a disproportionate number of dishonest members?” I replied: “I’ve laughed at ‘lawyer’ jokes myself, but when I look at the subject more objectively, I don’t find evidence that attorneys are any less honest than the members of other occupational groups. Maybe one of the reasons they’ve developed that reputation is that their professional ethics require them to go to extreme lengths to defend even the most reprehensible characters in society, and this behavior has received broad exposure since the advent of television in the courtroom. (Note that we never denounce lawyers who defend the best of us.) Even in less sensational appearances, we routinely see attorneys trying to cast each other as liars, opportunists, and worse. But because it’s part of the standard operating procedure, it doesn’t tell us much abou

Below will be shown the list of new lawyers in 2020. They are passers of the 2019 bar examination in the Philippines chaired by the Justice Estela Perlas-Bernabe ( #BernaBar ). Keep the link to this post for easy access on the day of the release of the results -- April 29, 2020 -- after the en banc session of the Supreme Court of the Philippines. It will be an entirely different Bar results experience on April 29, 2020 as the Supreme Court has decided to upload the list of 2019 Bar passers online, given the pandemic threat. Read more: Lian Buan @lianbuan Published 6:50 PM, April 23, 2020 Updated 6:50 PM, April 23, 2020. New lawyers of coronavirus era: 2019 Bar results out online April 29. https://www.rappler.com/nation/258829-bar-exams-results-out-online-april-29-2020. "The results of the 2019 Bar Examinations will be uploaded in the Supreme Court website on April 29, 2020, after the En Banc session," Senior Associate Justice Estela Perlas-Bernabe, the 2019 Bar Chairperso