The Lazy Lawyer

                                                                         EN BANC [G.R. No. L-13315. April 27, 1960.] THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, v. BUENAVENTURA BULING, defendant and  Appellant . Assistant Solicitor General Esmeraldo Umali and Solicitor Emerito M. Salva for  Appellee . Francisco A. Puray for  Appellant . SUMMARY: Accused was charged of a crime of less serious physical injuries, where he pleaded guilty. He already served his sentence, when a second information was filed against him, this time for serious physical injuries. This was after the X-ray findings showed by another physician resulted to findings that the victim will not be able to work for 1 to 2 months because of the wound. RULING: SC held that there is double jeopardy, because u...

THE LAW FIRM OF LAGUESMA MAGSALIN CONSULTA AND GASTARDO ,  Petitioner ,  v.   THE COMMISSION ON AUDIT AND/OR REYNALDO A. VILLAR AND JUANITO G. ESPINO, JR. IN THEIR CAPACITIES AS CHAIRMAN AND COMMISSIONER, RESPECTIVELY ,  Respondents . When a government entity engages the legal services of private counsel, it must do so with the necessary authorization required by law; otherwise, its officials bind themselves to be personally liable for compensating private counsel’s services. FACTS: This is a petition for certiorari filed pursuant to Rule XI, Section 1 of the 1997 Revised Rules of Procedure of the Commission on Audit.  The petition seeks to annul the decision dated September 27, 2007 and resolution dated November 5, 2008 of the Commission on Audit, which disallowed the payment of retainer fees to the law firm of Laguesma Magsalin Consulta and Gastardo for legal services rendered to Clark Development Corporation. Sometime in 2001, officers...

  G.R. No. 93023             March 13, 1991 TOMAS D. ACHACOSO,  petitioner vs. CATALINO MACARAIG and RUBEN D. TORRES, in their capacities as Executive Secretary and Secretary of the Department of Labor and Employment (DOLE), respectively; and JOSE N. SARMIENTO,  respondents. FACTS: The petitioner invokes security of tenure against his claimed removal without legal cause. The respondents assert he is not entitled to the guaranty because he is not a career official. Tomas D. Achacoso was appointed Administrator of the Philippine Overseas Employment Administration on October 16, 1987, and assumed office on October 27, 1987. On January 2, 1990, in compliance with a request addressed by the President of the Philippines to "all Department Heads, Undersecretaries, Assistant Secretaries, Bureau Heads," and other government officials, he filed a courtesy resignation. This was accepted by the President on April 3, 1990, "with deep regrets." On...

  G.R. No. 178624               June 30, 2009 JOSE CONCEPCION, JR.,  Petitioner, vs. COMMISSION ON ELECTIONS,  Respondent. FACTS: Petition for  certiorari  filed by Jose Concepcion, Jr. ( petitioner ) "seeking to set aside the En Banc Resolution dated 02 April 2007 and Order dated 8 May 2007" of respondent Commission on Elections (COMELEC). The National Citizen’s Movement for Free Elections (NAMFREL) filed a Petition for Accreditation to Conduct the Operation Quick Count with the COMELEC, docketed as SSP No. 07-001.  The present petitioner – then the incumbent  Punong Barangay  of  Barangay  Forbes Park, Makati City – was one of the signatories of the NAMFREL petition in his capacity as the National Chairman of NAMFREL. COMELEC promulgated  Resolution No. 7798  ( Resolution 7798 ) that reads in full – WHEREAS, Section 3 of Executive Order [EO] No. 94 dated March 2, 1987, provides as ...

G.R. No. 167741               July 12, 2007 REPUBLIC OF THE PHILIPPINES,  Petitioner, vs. MAJ. GEN. CARLOS FLORES GARCIA, CLARITA DEPAKAKIBO GARCIA, IAN CARL DEPAKAKIBO GARCIA, JUAN PAULO DEPAKAKIBO GARCIA, TIMOTHY DEPAKAKIBO GARCIA and THE SANDIGANBAYAN (FOURTH DIVISION),  Respondents.   FACTS: This petition for certiorari  assails the January 14, 2005 and March 2, 2005 resolutions  of the Fourth Division of the Sandiganbayan in Civil Case No. 0193 Civil Case No. 0193 was a petition for forfeiture of unlawfully acquired properties, with a verified urgent ex-parte application for the issuance of a writ of preliminary attachment, filed by the Republic of the Philippines against Maj. Gen. Carlos F. Garcia, his wife  and children  in the Sandiganbayan on October 27, 2004. In praying for the issuance of a writ of preliminary attachment, the Republic maintained that, as a sovereign political entity, it was exempt fr...

  HON. CARLOS O. FORTICH, PROVINCIAL GOVERNOR OF BUKIDNON, HON. REY B. BAULA, MUNICIPAL MAYOR OF SUMILAO, BUKIDNON, NQSR MANAGEMENT AND DEVELOPMENT CORPORATION,  petitioners, vs. HON. RENATO C. CORONA, DEPUTY EXECUTIVE SECRETARY, HON. ERNESTO D. GARILAO, SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM,  respondents. FACTS: This resolves the pending incidents before us, namely, respondents' and intervenors' separate motions for reconsideration of our Resolution dated November 17, 1998, as well as their motions to refer this case to this Court  En banc . Respondents and intervenors jointly argue, in fine, that our Resolution dated November 17, 1998, wherein we voted two-two on the separate motions for reconsideration of our earlier Decision or April 24, 1998, as a result of which the Decision was deemed affirmed, did not effectively resolve the said motions for reconsideration inasmuch as the matter should have been referred to the Court sitting e n banc , pursuant...