Hey, it's MM!

Facts: Petitioners were corporate officers of Silahis International Hotel Inc. (SIHI) who were charged with violation of the SSS law in relation to the Revised Penal Code. The criminal case was raffled in RTC Br 51.  Meanwhile, a petition for suspension of payments and rehabilitation was pending in RTC Br 24. SIHI's petition was granted and a suspension order was issued by RTC Br 24, staying all claims against SIHI. On the basis of RTC 24's order, petitioners now claim that the proceeding before RTC Br 51 should be suspended. RTC Br 51 denied the petitioners' motion and ruled that the stay order does not include the suspension of criminal proceedings. This decision was affirmed by the CA. Hence, this case. Issue: Whether or not the stay order stays criminal cases Held: No. Section 18 of FRIA explicitly provides that criminal actions against the individual officer of a corporation are not subject to the Stay or Suspension Order in rehabilitation proceedings....

When we asked our professor what book to use, he smirked and said: "Read all" so I complied a list of materials that will hopefully help you hurdle your first year (first semester) in law school. First Year, First Semester Persons and Family Relations   Persons and Family Relations by Atty. Elmer Rabuya   Read this for a quick introduction to the subject. This will save you during recitations if you have not read Sta. Maria Jr.   Persons and Family Relations Law by Atty. Melencio Sta. Maria Jr. Read this if you have more time. This book is very comprehensive.  Criminal Law 1 Revised Penal Code Book 1 by Justice Luis B. Reyes No matter what book your professor recommends, if you want to have a strong foundation, please read Reyes. Compact Reviewer in Criminal Law by Atty. Leonor Boado Please read this ONLY IF you have finished Reyes or you could use the books side-by-side. It is what it is - a reviewer - so don't expect comprehensive explanations...

Requirements for Admission to the Bar As a rule, the following are the requirements for admission to the Bar: Citizen of the Philippines; At least 21 years of age; Of good moral character;   Must produce before the Supreme Court satisfactory evidence of good moral character No charges against him or her involving moral turpitude which have been filed or are pending in any court in the Philippines; Resident of the Philippines; Must have complied with the academic requirements; Must pass the Bar examinations; Take the lawyer's oath; Sign the Roll of Attorneys; and  Receive a license to practice from the Clerk of Court of the Supreme Court.   Legal Basis  

Facts: Dionisio Ramos filed a motion for postponement of an administrative case involving Santa Pangan. Pangan then filed this motion to cite Ramos for contempt for allegedly deceiving the court in signing his name as "Atty. Pedro D.D. Ramos" even if what was registered in the Roll of Attorneys is "Dionisio D. Ramos." For his part, Ramos claims that he uses the name Pedro D.D. Ramos because his registered name in his birth certificate is "Pedro Dionisio Dayaw Ramos." Issue: Whether or not respondent should eb cited for contempt for using a name other than that registered in the roll of attorneys Held: Yes. The Roll of Attorneys is the official record containing the names and signatures of those who are authorized to practice law. A lawyer is not authorized to use a name other than that registered in the Roll of Attorneys. In using the name "Pedro D.D. Ramos," respondent violated his oath stating that he will do no falsehood. As an off...

Facts: Ashary Alauya transacted with Sophia Alawi to avail of a contract for the purchase of one housing unit from EB Villarosa & Partner Co. Ltd., a real estate and housing company. Shortly thereafter Alauya wrote to the company expressing his intent to render the contract void ab initio. Several correspondences ensued, all of which were signed by Alauya as ATTY. ASHARY M. ALAUYA. Alauya is a member of the Sharia Bar and for that matter he is a counselor-at-law. Alauya claims that he does not use the title of counselor-at-law for fear of being mistaken as a local legislator, i.e. councilor. Hence, he affixed the title of attorney before his name. Alawi filed a verified complaint against Alauya, alleging, among others, that Alawi usurped the title of an attorney which is reserved only for the members of the Philippine Bar. Issue: Whether or not Alauya's membership in the Sharia Bar endows him the title of an attorney Held: No. Alauya is hereby reprimanded for usurpin...

Facts: Adelino Ledesma, a counsel de parte for one of the parties in a case pending before the sala of Judge Rafael Climaco, filed a motion to withdraw as counsel de parte in light of his appointment as an election registrar. Judge Climaco, instead of granting his withdrawal, appointed him as counsel de oficio of the two defendants in the criminal case. Ledesma then filed a motion to withdraw as counsel de oficio but it was denied,. Hence, he instituted this petition for certiorari. Issue: Whether or not the respondent Judge acted with grave abuse of discretion in denying the petitioner's withdrawal as counsel Held: No. Membership in the Bar carries with it a responsibility to live up to its exacting standards. Law is a profession and not a trade or craft.Those enrolled in its ranks aid the courts in the administration of justice. As such, an attorney may be called or appointed as counsel de oficio to aid indigents for the realization of their constitutional right to counsel e...