This document summarizes a court case involving a complaint for disbarment filed against Atty. Fred L. Gutierrez. Gisela Huyssen alleges that Gutierrez misappropriated $20,000 she deposited with him while he worked for the Bureau of Immigration, falsely claiming the money was required for her family's visa applications. While Gutierrez admitted receiving the money, he denied misappropriating it. However, he failed to provide evidence and did not appear at several hearings, resulting in a recommendation that he be disbarred for violating legal ethics.
BIA Remands of Immigration Judge James Nugent from 01/01/2014 to 05/26/2016Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
Opinion granting plaintiffs' msj 17-02-10 reliance is required spending on ...Seth Row
US District Court, District of Oregon, order holding that insurer did not "rely" on insured's alleged misrepresentation by incurring expenses to investigate insured's loss
BIA Remands of Immigration Judge Theresa Holmes-Simmons from 01/01/2014 to 05...Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
BIA Remands of Immigration Judge V. Stuart Couch from 01/01/2014 to 05/26/2016Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
This document summarizes a court case involving a bounced check dispute between North Star International Travel and Engr. Jose Cayanan. The key details are:
1) Cayanan issued five checks totaling over P2.5 million to North Star to cover money North Star sent to Nigeria at Cayanan's instruction, as well as for airplane tickets North Star provided to Cayanan's clients. However, the checks bounced due to insufficient funds.
2) Cayanan was criminally charged and acquitted for bouncing the checks. However, the Court of Appeals ruled he was still civilly liable to pay North Star the value of the bounced checks.
3) The court upheld this ruling,
This document discusses a case regarding the jurisdiction of a county court over a subrogation matter related to workers' compensation benefits. The Nebraska Supreme Court held that the county court lacked subject matter jurisdiction to decide the subrogation issue, as the Nebraska Workers' Compensation Act specifies that such matters must be brought in district court. The decision vacates the lower courts' rulings and remands the case with directions to vacate the county court's order determining distribution of settlement proceeds related to the subrogation claim.
The Supreme Court of the Philippines upheld the Court of Appeals' decision declaring the devise in favor of Sofia J. Nepomuceno in the last will and testament of Martin Jugo to be null and void. While probate courts generally only examine the extrinsic validity of wills, exceptional circumstances allowed the court to examine intrinsic validity. As Martin Jugo admitted to an illicit relationship with Nepomuceno in the will itself, the court was within its jurisdiction to declare that specific devise invalid according to Article 739 of the Civil Code, which prohibits donations between persons guilty of adultery or concubinage.
BIA Remands of Immigration Judge James Nugent from 01/01/2014 to 05/26/2016Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
Opinion granting plaintiffs' msj 17-02-10 reliance is required spending on ...Seth Row
US District Court, District of Oregon, order holding that insurer did not "rely" on insured's alleged misrepresentation by incurring expenses to investigate insured's loss
BIA Remands of Immigration Judge Theresa Holmes-Simmons from 01/01/2014 to 05...Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
BIA Remands of Immigration Judge V. Stuart Couch from 01/01/2014 to 05/26/2016Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
This document summarizes a court case involving a bounced check dispute between North Star International Travel and Engr. Jose Cayanan. The key details are:
1) Cayanan issued five checks totaling over P2.5 million to North Star to cover money North Star sent to Nigeria at Cayanan's instruction, as well as for airplane tickets North Star provided to Cayanan's clients. However, the checks bounced due to insufficient funds.
2) Cayanan was criminally charged and acquitted for bouncing the checks. However, the Court of Appeals ruled he was still civilly liable to pay North Star the value of the bounced checks.
3) The court upheld this ruling,
This document discusses a case regarding the jurisdiction of a county court over a subrogation matter related to workers' compensation benefits. The Nebraska Supreme Court held that the county court lacked subject matter jurisdiction to decide the subrogation issue, as the Nebraska Workers' Compensation Act specifies that such matters must be brought in district court. The decision vacates the lower courts' rulings and remands the case with directions to vacate the county court's order determining distribution of settlement proceeds related to the subrogation claim.
The Supreme Court of the Philippines upheld the Court of Appeals' decision declaring the devise in favor of Sofia J. Nepomuceno in the last will and testament of Martin Jugo to be null and void. While probate courts generally only examine the extrinsic validity of wills, exceptional circumstances allowed the court to examine intrinsic validity. As Martin Jugo admitted to an illicit relationship with Nepomuceno in the will itself, the court was within its jurisdiction to declare that specific devise invalid according to Article 739 of the Civil Code, which prohibits donations between persons guilty of adultery or concubinage.
The document is an order from a United States Bankruptcy Court case dismissing an adversary proceeding with prejudice. The order approves a stipulation between the plaintiff Virgie Arthur and defendant Bonnie Gayle Stern to dismiss the adversary proceeding, with each party bearing their own costs and fees. The court retains jurisdiction over the interpretation and enforcement of the order.
This document is Plaintiff Jamil Sharif's memorandum in opposition to Defendant Decatur Hotels, LLC's motion to set aside a default judgment. Sharif argues that service of process was properly perfected on Decatur Hotels. He also argues that Decatur Hotels' failure to respond to the lawsuit was willful, precluding a finding of excusable neglect, and that setting aside the default judgment would prejudice Sharif. Therefore, Sharif asserts that the default judgment should not be set aside under Rules 60(b)(4), 60(b)(6), or 60(b)(1) of the Federal Rules of Civil Procedure.
Defendants’ response brief in opposition to plaintiff’s motion for summary ju...Cocoselul Inaripat
1) The defendants filed a response in opposition to the plaintiff's motion for summary judgment in a lawsuit brought by a former federal inmate against a residential reentry center and its employees.
2) The plaintiff violated conditions of his release from federal prison by driving a car and possessing a cell phone. He was then transferred back to federal prison to serve the remainder of his sentence.
3) The defendants argue that the plaintiff cannot maintain any causes of action against them because the federal Bureau of Prisons, not the defendants, made the decision to return the plaintiff to prison for his violations of rules. Therefore, the defendants should be granted summary judgment.
SC Opinion and Order - motion for comtemptJRachelle
The court granted in part and denied in part the plaintiff's motion for contempt and sanctions. The court found Susan Brown, the attorney, in contempt for violating a consent order requiring her to turn over all copies of estate property. However, the court did not find Ben Thompson, Brown's former client, in contempt as there was no clear evidence he violated the order. As a sanction, the court ordered Brown to pay the plaintiff's reasonable attorney's fees and costs for bringing the contempt motion, but no other punitive sanctions. The court also ordered Brown and Thompson to turn over any remaining estate property.
The document is a motion by the State of Georgia opposing the defendant's special demurrer and plea in bar regarding charges of theft by conversion. The motion argues that the indictment is valid as it provides notice of the charges, lists the elements of the crime, and alleges the offense occurred within the statute of limitations. Specifically, the indictment claims the defendant misappropriated over $500 in public funds intended for a business center between 2007 and 2013, and the state brought charges in 2015 within the limitation period.
GEVITTA'S: Trevor Joseph Fisher's, Full Criminal HIstory and Tax Liens Gevitt...Evelynn Blue
The following information concerns Trevor Joseph Fisher, of Gevitta, Bhang and Concierge, and was originally published by the online website ... It alleges, among other things, that when Fisher was arrested for transportation and distribution, he wore a wire, contributed information to aid the prosecution, and sent his two employees to prison (Mike and Nate) In other words, Trevor Joseph Fisher, is reportedly a snitch and a rat. He was arrested again recently.
Over the next few days a site will go live, and provide a robust suite of resources to stop-cyber terrorist like Trevor Fisher from destroying your life, and to help anyone who has been harmed by him or others he works for or associates with. Please contact us.
Personal note: the redacted criminal report is a public document from a lawsuit. I'll fight any DMCA takedown notices as fallacious claims will no doubt be made by Trevor Fisher and Glenn Weisberger.
The court granted the defendant's motion to dismiss the charges of theft of services and disorderly conduct for lack of probable cause. Regarding the theft charge, the court found that the defendant had a legal right under his lease to use a dumpster for trash, and that using the wrong dumpster on the property did not constitute a crime. For the disorderly conduct charge, the court determined there was insufficient context or evidence of when the alleged threatening statements occurred to support the charge. Therefore, both charges were dismissed.
Brown Opposition To Plaintiff Motion To Amend ComplaintJRachelle
This document is a memorandum filed by Susan M. Brown and the Law Offices of Susan M. Brown in opposition to Howard K. Stern's motion to amend his complaint to join them as additional defendants. The memorandum argues that the motion to amend should be denied on the grounds of prejudice and futility. It asserts that Brown would be prejudiced by the late addition as a defendant since discovery is largely complete. It also argues that the attempts to apply California law are futile since South Carolina law applies, and that the complaint fails to properly plead causes of action under South Carolina law against Brown.
This document is a motion filed by the plaintiffs' attorneys requesting permission from the court to file a fourth amended complaint. Specifically, the motion requests: (1) changing the class definition; (2) removing Michele Reinhart as a plaintiff and adding George and Susie Pfau; and (3) adding claims against additional defendants including Central Asia Institute and MC Consulting for alleged RICO violations. The motion also details why the plaintiffs' counsel believes the additional claims and parties are necessary.
This document is a motion for a stay of the mandate pending a petition for certiorari to the Supreme Court. It was filed by Howard K. Stern on behalf of Vickie Lynn Marshall's estate following the 9th Circuit's denial of rehearing. The motion argues that substantial questions will be presented in the cert petition regarding the scope of bankruptcy courts' power over compulsory counterclaims. It contends the 9th Circuit's new test conflicts with other circuits and Supreme Court precedent. The declaration also asserts the petition raises important issues of bankruptcy practice that require uniformity.
This document is a stipulation to dismiss an adversary proceeding filed in bankruptcy court. It summarizes that the plaintiff filed a complaint against the defendant seeking to prevent discharge of a debt. The case was then stayed pending resolution of a related state court lawsuit. That state court lawsuit was then dismissed. The parties now wish to dismiss the adversary proceeding with prejudice, with each party bearing their own costs and fees. The court will retain jurisdiction to enforce the terms of the dismissal.
This document is a complaint filed by Central Asia Institute against Philadelphia Indemnity Insurance Company regarding insurance coverage. It summarizes that CAl had an insurance policy with Philadelphia to cover certain legal claims. CAl and its executive director Greg Mortenson were sued in two matters (the "Pfau Litigation" and "AG Matter") and incurred legal defense costs. However, Philadelphia refused to fully cover and advance these defense costs, in breach of the insurance contract. CAl is suing Philadelphia for declaratory relief and damages for its failure to honor coverage obligations.
Plaintiff Joan Silver was injured during a hypnotherapy session with Defendant Stanley Fine, a Baltimore County volunteer. Silver did not provide formal notice to the county of her potential lawsuit as required by law. Instead, some months later, she sent an informal email to her former boss, the County Executive, hinting at a possible lawsuit but not explicitly stating her intent. Defendant argues that Silver did not substantially comply with the notice requirement or show good cause for failing to comply. As such, Defendant's motion for summary judgment should be granted.
This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
This document provides guidance on planning and conducting effective meetings. It discusses determining if a meeting is necessary by considering if the matter can be addressed otherwise. It recommends planning the meeting by deciding the type and number of participants, and creating an agenda listing topics for discussion. The chairperson should moderate the meeting by following procedures for opening, participation, problem-solving, and concluding the meeting. Effective meetings require advance planning and leadership from the chairperson.
This document discusses the motivations that drive users to participate on social networking sites like Facebook. It analyzes Abraham Maslow's hierarchy of needs theory and how social media satisfies each level of needs. Physiological needs are met by connecting users who can share resources. Safety needs are met by helping users find jobs. Love and belonging needs are met by maintaining connections with friends and finding groups. Esteem needs are met through posts, games, and accomplishments that generate praise. Self-actualization needs are met by freely sharing views without prejudice. The document also discusses how companies can effectively advertise on Facebook by understanding user networks and targeting ads based on interests rather than keywords.
The document discusses the Balco Employees Union v. Union of India case regarding the disinvestment of Bharat Aluminum Company Limited (BALCO) by the Government of India. The Supreme Court upheld the disinvestment as a valid economic policy decision of the government. It found that the government followed a fair process and the interests of workers were adequately protected. The court held that economic policy decisions are not generally amenable to judicial review unless they violate constitutional or statutory provisions.
This document provides an overview of the fast food industry. It discusses the history and origins of fast food, popular menu items, major fast food chains globally and their presence in India. It also outlines some key challenges faced by the fast food industry in India such as social and cultural implications, an emphasis on using environmentally friendly products, and health issues related to obesity. Major players in the Indian market like McDonald's, KFC, Pizza Hut and Domino's Pizza are mentioned.
The document is an order from a United States Bankruptcy Court case dismissing an adversary proceeding with prejudice. The order approves a stipulation between the plaintiff Virgie Arthur and defendant Bonnie Gayle Stern to dismiss the adversary proceeding, with each party bearing their own costs and fees. The court retains jurisdiction over the interpretation and enforcement of the order.
This document is Plaintiff Jamil Sharif's memorandum in opposition to Defendant Decatur Hotels, LLC's motion to set aside a default judgment. Sharif argues that service of process was properly perfected on Decatur Hotels. He also argues that Decatur Hotels' failure to respond to the lawsuit was willful, precluding a finding of excusable neglect, and that setting aside the default judgment would prejudice Sharif. Therefore, Sharif asserts that the default judgment should not be set aside under Rules 60(b)(4), 60(b)(6), or 60(b)(1) of the Federal Rules of Civil Procedure.
Defendants’ response brief in opposition to plaintiff’s motion for summary ju...Cocoselul Inaripat
1) The defendants filed a response in opposition to the plaintiff's motion for summary judgment in a lawsuit brought by a former federal inmate against a residential reentry center and its employees.
2) The plaintiff violated conditions of his release from federal prison by driving a car and possessing a cell phone. He was then transferred back to federal prison to serve the remainder of his sentence.
3) The defendants argue that the plaintiff cannot maintain any causes of action against them because the federal Bureau of Prisons, not the defendants, made the decision to return the plaintiff to prison for his violations of rules. Therefore, the defendants should be granted summary judgment.
SC Opinion and Order - motion for comtemptJRachelle
The court granted in part and denied in part the plaintiff's motion for contempt and sanctions. The court found Susan Brown, the attorney, in contempt for violating a consent order requiring her to turn over all copies of estate property. However, the court did not find Ben Thompson, Brown's former client, in contempt as there was no clear evidence he violated the order. As a sanction, the court ordered Brown to pay the plaintiff's reasonable attorney's fees and costs for bringing the contempt motion, but no other punitive sanctions. The court also ordered Brown and Thompson to turn over any remaining estate property.
The document is a motion by the State of Georgia opposing the defendant's special demurrer and plea in bar regarding charges of theft by conversion. The motion argues that the indictment is valid as it provides notice of the charges, lists the elements of the crime, and alleges the offense occurred within the statute of limitations. Specifically, the indictment claims the defendant misappropriated over $500 in public funds intended for a business center between 2007 and 2013, and the state brought charges in 2015 within the limitation period.
GEVITTA'S: Trevor Joseph Fisher's, Full Criminal HIstory and Tax Liens Gevitt...Evelynn Blue
The following information concerns Trevor Joseph Fisher, of Gevitta, Bhang and Concierge, and was originally published by the online website ... It alleges, among other things, that when Fisher was arrested for transportation and distribution, he wore a wire, contributed information to aid the prosecution, and sent his two employees to prison (Mike and Nate) In other words, Trevor Joseph Fisher, is reportedly a snitch and a rat. He was arrested again recently.
Over the next few days a site will go live, and provide a robust suite of resources to stop-cyber terrorist like Trevor Fisher from destroying your life, and to help anyone who has been harmed by him or others he works for or associates with. Please contact us.
Personal note: the redacted criminal report is a public document from a lawsuit. I'll fight any DMCA takedown notices as fallacious claims will no doubt be made by Trevor Fisher and Glenn Weisberger.
The court granted the defendant's motion to dismiss the charges of theft of services and disorderly conduct for lack of probable cause. Regarding the theft charge, the court found that the defendant had a legal right under his lease to use a dumpster for trash, and that using the wrong dumpster on the property did not constitute a crime. For the disorderly conduct charge, the court determined there was insufficient context or evidence of when the alleged threatening statements occurred to support the charge. Therefore, both charges were dismissed.
Brown Opposition To Plaintiff Motion To Amend ComplaintJRachelle
This document is a memorandum filed by Susan M. Brown and the Law Offices of Susan M. Brown in opposition to Howard K. Stern's motion to amend his complaint to join them as additional defendants. The memorandum argues that the motion to amend should be denied on the grounds of prejudice and futility. It asserts that Brown would be prejudiced by the late addition as a defendant since discovery is largely complete. It also argues that the attempts to apply California law are futile since South Carolina law applies, and that the complaint fails to properly plead causes of action under South Carolina law against Brown.
This document is a motion filed by the plaintiffs' attorneys requesting permission from the court to file a fourth amended complaint. Specifically, the motion requests: (1) changing the class definition; (2) removing Michele Reinhart as a plaintiff and adding George and Susie Pfau; and (3) adding claims against additional defendants including Central Asia Institute and MC Consulting for alleged RICO violations. The motion also details why the plaintiffs' counsel believes the additional claims and parties are necessary.
This document is a motion for a stay of the mandate pending a petition for certiorari to the Supreme Court. It was filed by Howard K. Stern on behalf of Vickie Lynn Marshall's estate following the 9th Circuit's denial of rehearing. The motion argues that substantial questions will be presented in the cert petition regarding the scope of bankruptcy courts' power over compulsory counterclaims. It contends the 9th Circuit's new test conflicts with other circuits and Supreme Court precedent. The declaration also asserts the petition raises important issues of bankruptcy practice that require uniformity.
This document is a stipulation to dismiss an adversary proceeding filed in bankruptcy court. It summarizes that the plaintiff filed a complaint against the defendant seeking to prevent discharge of a debt. The case was then stayed pending resolution of a related state court lawsuit. That state court lawsuit was then dismissed. The parties now wish to dismiss the adversary proceeding with prejudice, with each party bearing their own costs and fees. The court will retain jurisdiction to enforce the terms of the dismissal.
This document is a complaint filed by Central Asia Institute against Philadelphia Indemnity Insurance Company regarding insurance coverage. It summarizes that CAl had an insurance policy with Philadelphia to cover certain legal claims. CAl and its executive director Greg Mortenson were sued in two matters (the "Pfau Litigation" and "AG Matter") and incurred legal defense costs. However, Philadelphia refused to fully cover and advance these defense costs, in breach of the insurance contract. CAl is suing Philadelphia for declaratory relief and damages for its failure to honor coverage obligations.
Plaintiff Joan Silver was injured during a hypnotherapy session with Defendant Stanley Fine, a Baltimore County volunteer. Silver did not provide formal notice to the county of her potential lawsuit as required by law. Instead, some months later, she sent an informal email to her former boss, the County Executive, hinting at a possible lawsuit but not explicitly stating her intent. Defendant argues that Silver did not substantially comply with the notice requirement or show good cause for failing to comply. As such, Defendant's motion for summary judgment should be granted.
This verified complaint alleges medical malpractice and wrongful death on behalf of parents against a hospital and doctor. It alleges the infant plaintiff received negligent medical care and treatment from defendants that caused injuries and death. The complaint brings four causes of action: 1) medical malpractice, 2) wrongful death, 3) lack of informed consent, and 4) loss of services as parents. It seeks monetary damages exceeding the jurisdiction of lower courts for each cause of action.
This document provides guidance on planning and conducting effective meetings. It discusses determining if a meeting is necessary by considering if the matter can be addressed otherwise. It recommends planning the meeting by deciding the type and number of participants, and creating an agenda listing topics for discussion. The chairperson should moderate the meeting by following procedures for opening, participation, problem-solving, and concluding the meeting. Effective meetings require advance planning and leadership from the chairperson.
This document discusses the motivations that drive users to participate on social networking sites like Facebook. It analyzes Abraham Maslow's hierarchy of needs theory and how social media satisfies each level of needs. Physiological needs are met by connecting users who can share resources. Safety needs are met by helping users find jobs. Love and belonging needs are met by maintaining connections with friends and finding groups. Esteem needs are met through posts, games, and accomplishments that generate praise. Self-actualization needs are met by freely sharing views without prejudice. The document also discusses how companies can effectively advertise on Facebook by understanding user networks and targeting ads based on interests rather than keywords.
The document discusses the Balco Employees Union v. Union of India case regarding the disinvestment of Bharat Aluminum Company Limited (BALCO) by the Government of India. The Supreme Court upheld the disinvestment as a valid economic policy decision of the government. It found that the government followed a fair process and the interests of workers were adequately protected. The court held that economic policy decisions are not generally amenable to judicial review unless they violate constitutional or statutory provisions.
This document provides an overview of the fast food industry. It discusses the history and origins of fast food, popular menu items, major fast food chains globally and their presence in India. It also outlines some key challenges faced by the fast food industry in India such as social and cultural implications, an emphasis on using environmentally friendly products, and health issues related to obesity. Major players in the Indian market like McDonald's, KFC, Pizza Hut and Domino's Pizza are mentioned.
This case study examines a 23-year old female patient diagnosed with ascites secondary to peritoneal tuberculosis or possible peritoneal carcinomatosis. She was admitted to the hospital in November 2012 with abdominal distention and constipation. After discharge, her symptoms persisted and she was readmitted in December 2012. The case study aims to understand the disease process and provide appropriate nursing care for patients with this condition.
This document summarizes a Supreme Court of the Philippines decision regarding a petition challenging the constitutionality of the Revised Implementing Rules and Regulations of the Milk Code.
The Supreme Court found that the petitioner association had standing to challenge the RIRR on behalf of its member companies. The Court also found that international agreements like the International Code of Marketing of Breastmilk Substitutes became part of domestic law through their incorporation in the Milk Code, but not other World Health Assembly resolutions which were not incorporated locally. The Court ruled that some provisions of the RIRR violated due process or were in restraint of trade, but upheld other parts as consistent with the Milk Code and international agreements.
1. Crossroads was a large retail mall in Mumbai that aimed to provide an entertainment shopping experience. However, after imposing an entry fee requirement where visitors needed a credit card or mobile phone, mall foot traffic dramatically fell by over 70%.
2. Many visitors and tenants were insulted by the entry fee requirement. As foot traffic declined, some tenants like a bookstore opted to leave due to significantly lower sales. Other tenants demanded lower rent.
3. While some premium stores saw improved conversion rates with less crowds, most tenants relied on large foot traffic and were disappointed with the declining numbers of visitors entering the mall. This case highlights the challenges of restricting access at a retail destination.
This document provides details about an Electricity Bill Management System project, including:
- The project aims to partially computerize processes at an Electricity Board like generating bills and maintaining customer records.
- Visual Basic 6.0 is used as the front-end and MS Access 2000 as the back-end database.
- The objectives are to efficiently store and retrieve customer, billing, and employee information to improve record keeping.
- Hardware requirements include a PC and printer, and the software environment uses VB6, Access, and Windows.
- VB6 is used for its visual interface design capabilities and event-driven programming. Access is used as a relational database.
This document contains information about homework help resources, online tutoring, and a project report on investors' perceptions of various investment avenues in the stock market. The project report discusses undertaking a survey of investors to understand their views on different stock market investment options. It also provides background information on the Indian stock market, including the National Stock Exchange (NSE) and Bombay Stock Exchange (BSE), as well as their benchmark indices - Nifty and Sensex.
This document is a response opposing an application for an extension of time to file a brief. It summarizes that the appellants, who are appealing an order adding them as judgment debtors, have already received 60 days of extensions for filing their brief, totaling 120 days. The response argues the appeal does not require unusually complex factual or legal analysis. It asserts the appellants' claims that the appeal involves issues of probate, taxation, and irrevocable trusts are not properly within the scope of the appeal. The response requests the court deny any further extensions.
This document is a court case regarding a petition for adoption. It summarizes that Australian citizens Slobodan and Dianne Bobanovic filed to adopt Adam Christopher Sales in Manila. The Ministry of Social Services did not complete the required case study. The court still granted the adoption in January 1985. Later, the Ministry refused to issue a travel clearance for Adam to travel to Australia with his adoptive parents. This led the adoptive parents to file a petition for mandamus to compel the Ministry to issue the clearance.
This document summarizes an appellate court decision regarding a land dispute between Mercedes Moralidad and the spouses Diosdado and Arlene Pernes. Moralidad owned a parcel of land and allowed the Pernes family to build a house on it and stay as long as they liked. However, relations soured over time. Moralidad filed an unlawful detainer case to eject the Pernes from the property. The lower courts ruled in favor of the Pernes, finding they had the right to remain until reimbursed for home improvements. The appellate court affirmed but the Supreme Court reversed, finding the usufruct granted to the Pernes had been terminated by their hostile relations, allowing
Crawford v Ally (2020-04520 Opinion).pdfTodd Spodek
1) Petitioner appealed a lower court's denial of her request for a writ of mandamus to compel a judge to hold an evidentiary hearing on the scope of a temporary order of protection issued against her.
2) The appellate court found the case was moot since the charges were dismissed, but that an exception to mootness applied because the issue was likely to recur and evade review.
3) The appellate court held that the lower court should have held an evidentiary hearing when presented with evidence that the order of protection could immediately deprive petitioner of significant interests in her home and children.
Darines Vs Quiñones and Quitan, 834 SCRA 212, 834 SCRA 212, G.R. No. 206468, ...GiNo103890
The Court of Appeals reversed the decision of the Regional Trial Court, which had awarded moral and exemplary damages to petitioners Judith and Joyce Darines against respondents Eduardo Quiñones and Rolando Quitan. The Court of Appeals found that in cases of breach of contract of carriage by a common carrier, moral damages can only be awarded if the passenger's death resulted or if the carrier acted with fraud or bad faith. Neither circumstance was present or proven in this case. Since no moral damages were awarded, there was also no basis for exemplary damages or attorney's fees. The petitioners failed to establish that the respondents acted with fraud or bad faith in the performance of their contractual duties.
The Supreme Court of the Philippines upheld the decision of the Court of Appeals which dismissed a complaint filed by Amelita Constantino seeking acknowledgment, support and damages from Ivan Mendez. The Court of Appeals had found that Amelita failed to prove by clear and convincing evidence that Ivan was the father of her son Michael. The Supreme Court found no reversible error, as the Court of Appeals' factual findings were supported by evidence showing inconsistencies in Amelita's testimony about the timing of her sexual encounters with Ivan around the estimated time of conception. The Supreme Court concluded that the Court of Appeals did not err in its evaluation of evidence and setting aside of the trial court decision.
The U.S. Department of State (DOS) agreed to implement new procedures designed to ensure the fair and prompt review of U.S. passport applications by Mexican Americans whose births in Texas were attended by midwives.
The procedural changes were the result of a settlement agreement following a class action lawsuit filed by a coalition of civil rights and legal organizations including the American Civil Liberties Union, the ACLU of Texas, the international law firm Hogan & Hartson LLP, and Refugio del Rio Grande, Inc.
This Is Reno’s second public records lawsuit against the City of Reno and Ren...This Is Reno
Petitioner Robert Conrad, who operates the news website ThisIsReno.com, has filed a petition for a writ of mandamus against the City of Reno regarding numerous public records requests. The petition alleges that the City has improperly withheld, redacted, and delayed the disclosure of requested records on various police matters. It also claims the City has improperly closed some requests and demanded payment for records not listed in its fee schedule. The petition seeks an order requiring the City to comply with the Nevada Public Records Act and provide timely access to public records.
A U.S. citizen or Green Card holder can sponsor his or her close family members for Lawful Permanent Residence.
Immediate relatives are spouses of U.S. citizens, unmarried children of U.S. citizens and parents of U.S. citizens. There is no quota.
This document summarizes a Supreme Court of the Philippines decision regarding two complaints of misconduct filed against Attorney Arturo B. Astorga. The first complaint alleges that Astorga, acting as administrator of an estate based on a power of attorney, disturbed the peaceful possession of a property by the complainants that they had occupied for over 40 years. The second complaint alleges that Astorga sold the same property to one of the complainants without proper authority to administer the estate. The court must determine if Astorga is guilty of conduct unbecoming a member of the bar based on these complaints.
This complaint was filed by Tong Zongquan, represented by his lawyer Atty. Philip John L. Pojas, against Arnold Ansaldo for collection of an unpaid balance of $6,935.50 for sportswear delivered between January and May 2012. Tong Zongquan, a businessman in China, had a business relationship with Ansaldo in the Philippines where he would deliver sportswear ordered online. While Ansaldo paid $7,802 initially, he failed to pay the remaining balance despite demands. The complaint alleges breach of contract and seeks payment of the unpaid balance, interest, moral and exemplary damages, attorney's fees and costs.
The United States District Court for New Jersey granted summary judgment in favor of St. Paul Fire & Marine Insurance Company in a coverage action. The court found that an attorney malpractice insurer was not required to provide coverage for a $1.4 million judgment against their insured. This was because the insured was on actual notice of the underlying legal malpractice claim prior to the inception of the claims-made insurance policy, based on a letter received from opposing counsel regarding potential legal action. While the plaintiff argued the letter was not a formal claim, the court found the insured was aware of facts that could reasonably give rise to a claim. Therefore, the claim fell outside the policy period and the insurer had no obligation to provide coverage or indemn
This document summarizes a legal case involving a Filipino seaman, Ramon Alpino, who filed multiple claims against his former employer, Stolt-Nielsen Marine Services, Inc., seeking disability and sickness benefits. The case discusses the history of Alpino's various claims filed with the Philippine Overseas Employment Administration and courts. It also summarizes the labor arbiter's decision granting Alpino's claim and ordering payment, as well as Stolt-Nielsen's appeal arguing the claim was barred by prescription, res judicata, and prior legal rulings on the validity of documents related to the case. The Court of Appeals and NLRC affirmed the labor arbiter's decision based on Stolt-Nielsen
This document is an answer filed by Illinois Midwest Insurance Agency, LLC to the applicant Marcela Acosta's petition for reconsideration of a workers' compensation claim. It summarizes the case history, including that Acosta alleged a cumulative trauma injury and is receiving temporary total disability benefits. It disputes the rate that benefits are being paid at. The answer argues that the original ruling should stand as it is based on substantial evidence, including Acosta's tax documents showing lower earnings than she claims, while she provided no documentation to support her testimony claiming higher earnings. It aims to show the original ruling was reasonably based on the evidence presented.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
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Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
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Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
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EN BANC
2. GISELA HUYSSEN,
Complainant,
- versus -
ATTY. FRED L. GUTIERREZ,
Respondent.
A.C. No. 6707
Present:
PANGANIBAN, C.J.,
PUNO,
QUISUMBING,*
YNARES-SANTIAGO,
SANDOVAL-GUTIERREZ,
CARPIO,
AUSTRIA-MARTINEZ,
CORONA,
CARPIO MORALES,
CALLEJO, SR.,
AZCUNA,
TINGA,
CHICO-NAZARIO, and
GARCIA, JJ.
Promulgated:
March 24, 2006
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
D E C I S I O N
PER CURIAM:
This treats of a Complaint[1]
for Disbarment filed by Gisela Huyssen against
respondent Atty. Fred L. Gutierrez.
Complainant alleged that in 1995, while respondent was still connected with
the Bureau of Immigration and Deportation (BID), she and her three sons, who are
all American citizens, applied for Philippine Visas under Section 13[g] of the
Immigration Law. Respondent told complainant that in order that their visa
3. applications will be favorably acted upon by the BID they needed to deposit a
certain sum of money for a period of one year which could be withdrawn after one
year. Believing that the deposit was indeed required by law, complainant deposited
with respondent on six different occasions from April 1995 to April 1996 the total
amount of US$20,000. Respondent prepared receipts/vouchers as proofs that he
received the amounts deposited by the complainant but refused to give her copies
of official receipts despite her demands. After one year, complainant demanded
from respondent the return of US$20,000 who assured her that said amount would
be returned. When respondent failed to return the sum deposited, the World
Mission for Jesus (of which complainant was a member) sent a demand letter to
respondent for the immediate return of the money. In a letter dated 1 March
1999, respondent promised to release the amount not later than 9 March
1999. Failing to comply with his promise, the World Mission for Jesus sent
another demand letter. In response thereto, respondent sent complainant a letter
dated 19 March 1999 explaining the alleged reasons for the delay in the release of
deposited amount. He enclosed two blank checks postdated to 6 April and 20 April
1999 and authorized complainant to fill in the amounts. When complainant
deposited the postdated checks on their due dates, the same were dishonored
because respondent had stopped payment on the same. Thereafter, respondent, in
his letter to complainant dated 25 April 1999, explained the reasons for stopping
payment on the checks, and gave complainant five postdated checks with the
assurance that said checks would be honored. Complainant deposited the five
postdated checks on their due dates but they were all dishonored for having been
drawn against insufficient funds or payment thereon was ordered stopped by
respondent. After respondent made several unfulfilled promises to return the
deposited amount, complainant referred the matter to a lawyer who sent two
demand letters to respondent. The demand letters remained unheeded.
Thus, a complaint[2]
for disbarment was filed by complainant in the
Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP).
On 15 November 2000, Victor C. Fernandez, Director for Bar Discipline,
required[3]
respondent to submit his answer within 15 days from receipt thereof.
In his Counter-Affidavit dated 2 July 2001,[4]
respondent denied the
allegations in the complaint claiming that having never physically received the
4. money mentioned in the complaint, he could not have appropriated or pocketed the
same. He said the amount was used as payment for services rendered for obtaining
the permanent visas in the Philippines. Respondent explained thus:
a) Through a close-friend, Jovie Galaraga, a Pastor and
likewise a friend of the complainant, the latter was introduced to me at
my office at the Bureau of Immigration with a big problem concerning
their stay in the Philippines, herself and three sons, one of which is
already of major age while the two others were still minors then. Their
problem was the fact that since they have been staying in the Philippines
for almost ten (10) years as holders of missionary visas (9G) they could
no longer extend their said status as under the law and
related polic[i]es of the government, missionary visa holders could only
remain as such for ten (10) years after which they could no longer extend
their said status and have to leave the country.
b) Studying their case and being U.S. Citizen (sic), I advised
them that they better secure a permanent visa under Section 3 of the
Philippine Immigration Law otherwise known as Quota Visa and
thereafter, provided them with list of the requirements in obtaining the
said visa, one of which is that the applicant must have a $40,000
deposited in the bank. I also inform that her son Marcus Huyssen, who
was already of major age, has to have the same amount of show money
separate of her money as he would be issued separate visa, while her two
minor children would be included as her dependents in her said visa
application. I advised them to get a lawyer (sic), complainant further
requested me to refer to her to a lawyer to work for their application,
which I did and contacted the late Atty. Mendoza, an Immigration
lawyer, to do the job for the complainant and her family.
c) The application was filed, processed and followed-up by
the said Atty. Mendoza until the same was finished and the
corresponding permanent visa were obtained by the complainant and her
family. Her son Marcus Huyssen was given an independent permanent
visa while the other two were made as dependents of the
complainant. In between the processing of the papers and becoming
very close to the complainant, I became the intermediary between
complainant and their counsel so much that every amount that the latter
would request for whatever purpose was coursed through me which
request were then transmitted to the complainant and every amount of
money given by the complainant to their counsel were coursed thru me
5. which is the very reason why my signature appears in the vouchers
attached in the complaint-affidavit;
d) That as time goes by, I noticed that the amount appeared
to be huge for services of a lawyer that I myself began to wonder why
and, to satisfy my curiosity, I met Atty. Mendoza and inquired from him
regarding the matter and the following facts were revealed to me:
1) That what was used by the complainant as
her show money from the bank is not really her money but
money of World Mission for Jesus, which therefore is a
serious violation of the Immigration Law as there was a
misrepresentation. This fact was confirmed later when the
said entity sent their demand letter to the undersigned
affiant and which is attached to the complaint-affidavit;
2) That worst, the same amount used by the
complainant, was the very same amount used by her son
Marcus Huyssen, in obtaining
his separate permanent visa. These acts of the complainant
and her son could have been a ground for deportation and
likewise constitute criminal offense under the Immigration
Law and the Revised Penal Code. These could have been
the possible reason why complainant was made to pay for
quite huge amount.
e) That after they have secured their visas, complainant and
her family became very close to undersigned and my family that I was
even invited to their residence several times;
f) However after three years, complainant demanded the
return of their money given and surprisingly they want to recover the
same from me. By twist of fate, Atty. Mendoza is no longer around, he
died sometime 1997;
g) That it is unfortunate that the real facts of the matter is
now being hidden and that the amount of money is now being sought to
be recovered from me;
h) That the fact is I signed the vouchers and being a lawyer I
know the consequences of having signed the same and therefore I had to
6. answer for it and pay. I tried to raised the fund needed but up to the
present my standby loan application has not been released and was
informed that the same would only be forthcoming second week of
August. The same should have been released last March but was aborted
due to prevalent condition. The amount to be paid, according to the
complainant has now become doubled plus attorney’s fees
ofP200,000.00.
Complainant submitted her evidence on 4 September 2002 and April 2003,
and filed her Formal Offer of Evidence on 25 August 2003.
On several occasions, the complaint was set for reception of respondent’s
evidence but the scheduled hearings (11 settings) were all reset at the instance of
the respondent who was allegedly out of the country to attend to his client’s
needs. Reception of respondent’s evidence was scheduled for the last time on 28
September 2004 and again respondent failed to appear, despite due notice and
without just cause.
On 5 November 2004, Investigating Commissioner Milagros V. San Juan
submitted her report[5]
recommending the disbarment of respondent. She justified
her recommendation in this manner:
At the outset it should be noted that there is no question that
respondent received the amount of US$20,000 from complainant, as
respondent himself admitted that he signed the vouchers (Annexes A to
F of complainant) showing his receipt of said amount from complainant.
Respondent however claims that he did not appropriate the same for
himself but that he delivered the said amount to a certain Atty. Mendoza.
This defense raised by respondent is untenable considering the
documentary evidence submitted by complainant. On record is the 1
March 1999 letter of respondent addressed to the World Mission for
Jesus (Annex H of Complaint) where he stated thus:
“I really understand your feelings on the delay of
the release of the deposit but I repeat, nobody really
intended that the thing would happen that way. Many
events were the causes of the said delay particularly the
death of then Commissioner L. Verceles, whose sudden
7. death prevented us the needed papers for the immediate
release. It was only from compiling all on the first week of
January this year, that all the said papers were recovered,
hence, the process of the release just started though some
important papers were already finished as early as the last
quarter of last year. We are just going through the normal
standard operating procedure and there is no day since
January that I do not make any follow – ups on the progress
of the same.”
and his letter dated 19 March 1999 (Annex L of Complaint)
where he stated thus:
“I am sending you my personal checks to cover the
refund of the amount deposited by your good self in
connection with the procurement of your permanent visa
and that of your family. It might take some more time
before the Bureau could release the refund as some other
pertinent papers are being still compiled are being looked at
the files of the late Commissioner Verceles, who approved
your visa and who died of heart attack. Anyway, I am sure
that everything would be fine later as all the documents
needed are already intact. This is just a bureaucratic delay.”
From the above letters, respondent makes it appear that the
US$20,000 was officially deposited with the Bureau of Immigration and
Deportation. However, if this is true, how come only Petty Cash
Vouchers were issued by respondent to complainant to prove his receipt
of the said sum and official receipts therefore were never issued by the
said Bureau? Also, why would respondent issue his personal checks to
cover the return of the money to complainant if said amount was really
officially deposited with the Bureau of Immigration? All these actions of
respondent point to the inescapable conclusion that respondent received
the money from complainant and appropriated the same for his personal
use. It should also be noted that respondent has failed to establish that
the “late Atty. Mendoza” referred to in his Counter-Affidavit really
exists. There is not one correspondence from Atty. Mendoza regarding
the visa application of complainant and his family, and complainant has
also testified that she never met this Atty. Mendoza referred to by
respondent.
8. Considering that respondent was able to perpetrate the fraud by
taking advantage of his position with the Board of Special Inquiry of the
Bureau of Immigration and Deportation, makes it more reprehensible as
it has caused damage to the reputation and integrity of said office. It is
submitted that respondent has violated Rule 6.02 of Canon 6 of the Code
of Professional Responsibility which reads:
“A lawyer in the government service shall not use
his public position to promote or advance his private
interests, nor allow the latter to interfere with his public
duties.”
On 4 November 2004, the IBP Board of Governors approved[6]
the
Investigating Commissioner’s report with modification, thus:
RESOLVED to ADOPT and APPROVE, as it hereby
ADOPTED and APPROVED, with modification, the Report and
Recommendation of the Investigating Commissioner of the
above-entitled case, herein made part of this Resolution as Annex
“A”; and, finding the recommendation fully supported by the
evidence on record and applicable laws and rules, and considering
respondent’s violation of Rule 6.02 of Canon 6 of the Code of
Professional Responsibility, Atty. Fred L. Gutierrez is
hereby DISBARRED from the practice of law andordered to
return the amount with legal interest from receipt of the money
until payment. This case shall be referred to the Office of the
Ombudsman for prosecution for violation of Anti-Graft and
Corrupt Practices Acts and to the Department of Justice for
appropriate administrative action.
We agree with the IBP Board of Governors that respondent should be
severely sanctioned.
We begin with the veritable fact that lawyers in government service in the
discharge of their official task have more restrictions than lawyers in private
practice. Want of moral integrity is to be more severely condemned in a lawyer
who holds a responsible public office.[7]
9. It is undisputed that respondent admitted[8]
having received the US$20,000
from complainant as shown by his signatures in the petty cash vouchers[9]
and
receipts[10]
he prepared, on the false representation that that it was needed in
complainant’s application for visa with the BID. Respondent denied he
misappropriated the said amount and interposed the defense that he delivered it to
a certain Atty. Mendoza who assisted complainant and children in their application
for visa in the BID.[11]
Such defense remains unsubstantiated as he failed to submit
evidence on the matter. While he claims that Atty. Mendoza already died, he did
not present the death certificate of said Atty. Mendoza. Worse, the action of
respondent in shifting the blame to someone who has been naturally silenced
by fate, is not only impudent but downright ignominious. When the integrity of a
member of the bar is challenged, it is not enough that he deny the charges against
him; he must meet the issue and overcome the evidence against him.[12]
He must
show proof that he still maintains that degree of morality and integrity which at all
times is expected of him. In the case at bar, respondent clearly fell short of his
duty. Records show that even though he was given the opportunity to answer the
charges and controvert the evidence against him in a formal investigation, he
failed, without any plausible reason, to appear several times whenever the case was
set for reception of his evidence despite due notice.
The defense of denial proferred by respondent is, thus, not convincing. It is
settled that denial is inherently a weak defense. To be believed, it must be
buttressed by a strong evidence of non-culpability; otherwise, such denial is purely
self-serving and is with nil evidentiary value.
When respondent issued the postdated checks as his moral obligation, he
indirectly admitted the charge. Such admissions were also apparent in the
following letters of respondent to complainant:
1) Letter[13]
dated 01 March 1992, pertinent portion of which reads:
Be that as it may, may I assure you for the last time that the said
deposit is forthcoming, the latest of which is 09 March 1999. Should it
10. not be released on said date, I understand to pay the same to you out of
my personal money on said date. No more reasons and no more alibis.
Send somebody here at the office on that day and the amount would be
given to you wether(sic) from the Bureau or from my own personal
money.
2) Letter[14]
dated 19 March 1999, reads in part:
I am sending you my personal checks to cover the refund of the
amount deposited by your goodself in connection with the procurement
of your permanent visa and that of your family.
It might take some more time before the Bureau could release the
refund as some other pertinent papers are still being compiled and are
being looked at the files of the late Commissioner Verceles, who
approved your visa and who died of heart attack. Anyway, I am sure that
everything would be fine later as all the documents needed are already
intact. This is just a bureaucratic delay.
x x x x
As you would see, I have to pay you in peso. I have issued you 2
checks, one dated April 6, 1999 and the other one dated April 20, 1999. I
leave the amount vacant because I would want you to fill them up on
their due dates the peso equivalent to $10,000 respectively. This is to be
sure that the peso equivalent of your P20,000 would be well
exchanged. I have postdated them to enable me to raise some more
pesos to cover the whole amount but don’t worry as the Lord had already
provided me the means.
3) Letter[15]
dated 25 April 1999 provides:
Anyway, let me apologize for all these troubles. You are aware
that I have done my very best for the early return of your money but the
return is becoming bleak as I was informed that there are still papers
lacking. When I stopped the payment of the checks I issued, I was of the
impression that everything is fine, but it is not. I guess it is time for me
to accept the fact that I really have to personally return the money out of
my own. The issue should stop at my end. This is the truth that I must
11. face. It may hurt me financially but it would set me free from worries
and anxieties.
I have arranged for a loan from money lenders and was able to
secure one last Saturday the releases of which are on the following:
May 4, 1999- 200,000
May 11, 1999 -200,000
May 20, 1999-200,000
June 4, 1999-200,000
I have given my property (lot situated in the province) as my
collateral.
I am therefore putting an end to this trouble. I am issuing four
checks which I assure you will be sufficiently funded on their due dates
by reason of my aforestated loans. Just bear with me for the last time, if
any of these checks, is returned, don’t call me anymore. Just file the
necessary action against me, I just had to put an end to this matter and
look forward. x x x
4) Letter[16]
dated 12 May 1999, which reads:
The other day I deposited the amount of P289,000 to the bank to
cover the first check I issued. In fact I stopped all payments to all other
checks that are becoming due to some of my creditors to give preference
to the check I issued to you.
This morning when I went to the Bank, I learned that the bank
instead of returning the other checks I requested for stop payment -
instead honored them and mistakenly returned your check. This was a
very big surprise to me and discouragement for I know it would really
upset you.
In view of this I thought of sending you the amount
of P200,000 in cash which I initially plan to withdraw from the
Bank. However, I could not entrust the same amount to the bearer nor
can I bring the same to your place considering that its quite a big
amount. I am just sending a check for you to immediately deposit today
and I was assured by the bank that it would be honored this time.
12. Normally, this is not the actuation of one who is falsely accused of
appropriating the money of another. As correctly observed by the Investigating
Commissioner, respondent would not have issued his personal checks if said
amount were officially deposited with the BID. This is an admission of
misconduct.
Respondent’s act of asking money from complainant in consideration of the
latter’s pending application for visas is violative of Rule 1.01[17]
of the Code of
Professional Responsibility, which prohibits members of the Bar from engaging or
participating in any unlawful, dishonest, or deceitful acts. Moreover, said acts
constitute a breach of Rule 6.02[18]
of the Code which bars lawyers in government
service from promoting their private interest. Promotion of private interest
includes soliciting gifts or anything of monetary value in any transaction requiring
the approval of his office or which may be affected by the functions of his office.
[19]
Respondent’s conduct in office betrays the integrity and good moral character
required from all lawyers, especially from one occupying a high public office. A
lawyer in public office is expected not only to refrain from any act or omission
which might tend to lessen the trust and confidence of the citizenry in government;
he must also uphold the dignity of the legal profession at all times and observe a
high standard of honesty and fair dealing. Otherwise said, a lawyer in government
service is a keeper of the public faith and is burdened with high degree of social
responsibility, perhaps higher than his brethren in private practice.
In a desperate attempt to put up a smoke or to camouflage his misdeed, he
went on committing another by issuing several worthless checks, thereby
compounding his case.
In a recent case, we have held that the issuance of worthless checks
constitutes gross misconduct,[20]
as the effect “transcends the private interests of the
parties directly involved in the transaction and touches the interests of the
community at large. The mischief it creates is not only a wrong to the payee or
holder, but also an injury to the public since the circulation of valueless
commercial papers can very well pollute the channels of trade and commerce,
injure the banking system and eventually hurt the welfare of society and the public
13. interest. Thus, paraphrasing Black’s definition, a drawer who issues an unfunded
check deliberately reneges on his private duties he owes his fellow men or society
in a manner contrary to accepted and customary rule of right and duty, justice,
honesty or good morals.”[21]
Consequently, we have held that the act of a person in issuing a check
knowing at the time of the issuance that he or she does not have sufficient funds in,
or credit with, the drawee bank for the payment of the check in full upon its
presentment, is also a manifestation of moral turpitude.[22]
Respondent’s acts are more despicable. Not only did he misappropriate the
money of complainant; worse, he had the gall to prepare receipts with the
letterhead of the BID and issued checks to cover up his misdeeds. Clearly, he does
not deserve to continue, being a member of the bar.
Time and again, we have declared that the practice of law is a noble
profession. It is a special privilege bestowed only upon those who are competent
intellectually, academically and morally. A lawyer must at all times conduct
himself, especially in his dealings with his clients and the public at large, with
honesty and integrity in a manner beyond reproach. He must faithfully perform his
duties to society, to the bar, to the courts and to his clients. A violation of the high
standards of the legal profession subjects the lawyer to administrative sanctions
which includes suspension and disbarment.[23]
More importantly, possession of
good moral character must be continuous as a requirement to the enjoyment of the
privilege of law practice; otherwise, the loss thereof is a ground for the revocation
of such privilege.[24]
Indeed, the primary objective of administrative cases against lawyers is not
only to punish and discipline the erring individual lawyers but also to safeguard the
administration of justice by protecting the courts and the public from the
misconduct of lawyers, and to remove from the legal profession persons whose
utter disregard of their lawyer’s oath have proven them unfit to continue
discharging the trust reposed in them as members of the bar.[25]
These
pronouncement gain practical significance in the case at bar considering that
respondent was a former member of the Board of Special Inquiry of the BID. It
bears stressing also that government lawyers who are public servants owe fidelity
14. to the public service, a public trust. As such, government lawyers should be more
sensitive to their professional obligations as their disreputable conduct is more
likely to be magnified in the public eye.[26]
As a lawyer, who was also a public officer, respondent miserably failed to
cope with the strict demands and high standards of the legal profession.
Section 27, Rule 138 of the Revised Rules of Court mandates that a
lawyer may be disbarred or suspended by this Court for any of the following acts:
(1) deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral
conduct; (5) conviction of a crime involving moral turpitude ; (6) violation of the
lawyer’s oath; (7) willful disobedience of any lawful order of a superior court; and
(8) willfully appearing as an attorney for a party without authority to do so.[27]
In Atty. Vitriolo v. Atty. Dasig,[28]
we ordered the disbarment of a lawyer
who, during her tenure as OIC, Legal Services, Commission on Higher Education,
demanded sums of money as consideration for the approval of applications and
requests awaiting action by her office. In Lim v. Barcelona,[29]
we also disbarred a
senior lawyer of the National Labor Relations Commission, who was caught by the
National Bureau of Investigation in the act of receiving and counting money
extorted from a certain person.
Respondent’s acts constitute gross misconduct; and consistent with the need
to maintain the high standards of the Bar and thus preserve the faith of the public
in the legal profession, respondent deserves the ultimate penalty of expulsion from
the esteemed brotherhood of lawyers.[30]
WHEREFORE, Atty. Fred L. Gutierrez is hereby DISBARRED from the
practice of law and ordered to return the amount he received from the complainant
with legal interest from his receipt of the money until payment. This case shall be
referred to the Office of the Ombudsman for criminal prosecution for violation of
Anti-Graft and Corrupt Practices Acts and to the Department of Justice for
appropriate administrative action. Let copies of this Decision be furnished the Bar
Confidant to be spread on the records of the respondent; the Integrated Bar of the
Philippines for distribution to all its chapters; and the Office of the Court
Administrator for dissemination to all courts throughout the country.
15. SO ORDERED.
ARTEMIO V. PANGANIBAN
Chief Justice
REYNATO S. PUNO
Associate Justice
LEONARDO A. QUISUMBING
Associate Justice
CONSUELO YNARES-SANTIAGO
Associate Justice
ANGELINA SANDOVAL-GUTIERREZ
Associate Justice
ANTONIO T. CARPIO
Associate Justice
MA. ALICIA AUSTRIA-MARTINEZ
Associate Justice
RENATO C. CORONA
Associate Justice
CONCHITA CARPIO MORALES
Associate Justice
ROMEO J. CALLEJO, SR.
Associate Justice
ADOLFO S. AZCUNA
Associate Justice
DANTE O. TINGA
Associate Justice
MINITA V. CHICO-NAZARIO
Associate Justice