Preview

Hegna vs. Paderanga

Powerful Essays
Open Document
Open Document
4617 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Hegna vs. Paderanga
A.C. No. 5955 September 8, 2009
JOHN CHRISTEN S. HEGNA, Complainant, vs. ATTY. GOERING G.C. PADERANGA, Respondent.
PETITIONER’S (COMPLAINANT) CLAIM:
RESPONDENT’S CLAIM:
ISSUE/S: is Atty. Paderanga guilty of engaging in dishonest and deceitful conduct?
RULING:
A.C. No. 5955 September 8, 2009
JOHN CHRISTEN S. HEGNA, Complainant, vs. ATTY. GOERING G.C. PADERANGA, Respondent.
D E C I S I O N
DEL CASTILLO, J.:
Before this Court is a letter-complaint1 dated June 3, 2002, filed by complainant John Christen S. Hegna with the Office of the Bar Confidant (OBC) against respondent Atty. Goering G.C. Paderanga for deliberately falsifying documents, which caused delay in the execution of the decision rendered by the Municipal Trial Courts in Cities (MTCC), Branch 8, Cebu City, in Civil Case No. R-45146, entitled John Hegna v. Mr. & Mrs. Eliseo Panaguinip.
Herein complainant was the lessee of a portion of Lot No. 5529, situated at Barangay Quiot Pardo, Cebu City, which was owned by the heirs of Sabina Baclayon. The heirs of Baclayon, through their representative Gema Sabandija, entered into a contract of lease with complainant for a period of ten (10) years, commencing from June 26, 1994, with a rental of P3,000.00 per year, or P250.00 per month.
On September 26, 2001, complainant filed a complaint for forcible entry against therein defendants docketed as Civil Case No. R-45146, entitled John Hegna v. Mr. & Mrs. Eliseo Panaguinip, with the Municipal Trial Court in Cities (MTCC), Branch 8 of Cebu City. In said complaint, he alleged that in about the second week of March 1996, therein defendants entered the vacant portion of the leased premises by means of force, intimidation, threat, strategy or stealth; destroyed the barbed wire enclosing the leased premises of complainant, then built a shop on the said premises without complainant’s consent. He averred that despite his demands upon therein defendants to vacate the premises

You May Also Find These Documents Helpful

  • Better Essays

    Courtroom Observsation

    • 1477 Words
    • 6 Pages

    Xander Barden and Katelyn Lippa are the defendant’s (O’Malley’s Tavern and Patrick Gibbs) representatives they are recommending the Court present an outline verdict to the bartender, John Daniels and O’Malley’s Tavern. There is definite understanding and helpful information defined in the Indiana Dream Shop Act which contains useful knowledge. Mr. Edward Hard did not participate or take on any behavior or actions that provided proof of intoxication. Debora White, the Plaintiff is in search of compensation from the defendants, O’Malley’s Tavern and Patrick Gibbs with the theory that Mr. Patrick Gibbs had concrete awareness of Mr. Edward Hard’s consumption of alcohol. (I.C. 7.1-5-10-15.5, 1996) cites that Mr. Gibbs the defendant have actual knowledge of the person being intoxicated before damages are allowed to be awarded. Practical awareness does not persuade the hindrance nor does individual awareness. Indirect evidence doesn’t support practical awareness only actual knowledge. Individual awareness can sustain the intrusion whereas actual knowledge has to carry through and support the intrusion. Observable dealings with the recognizable events of intoxication are prejudiced according to the 7th Indiana State Circuit Court. In the Supreme Court statue stated prior to the year 1988 common law tolerated practical awareness for intrusions and caused a change in the law for this not to be supported.…

    • 1477 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    [ 8 ]. Justice Hamidul Haq, Trial of Civil Suits and Criminal Cases (Dhaka, 2010)416.…

    • 5042 Words
    • 21 Pages
    Powerful Essays
  • Good Essays

    case study qwe

    • 8239 Words
    • 27 Pages

    MANILA PRINCE HOTEL, petitioner, vs. GOVERNMENT SERVICE INSURANCE SYSTEM, MANILA HOTEL CORPORATION, COMMITTEE ON PRIVATIZATION and OFFICE OF THE GOVERNMENT CORPORATE COUNSEL, respondents.…

    • 8239 Words
    • 27 Pages
    Good Essays
  • Powerful Essays

    By a letter of offer dated 23.12.1999 the plaintiff granted to Precision Tube Product (M) Sdn Bhd (the 1st defendant) various banking facilities amounting to RM13,960,000.00. The banking facilities were secured by a legal charge over a factory owned by the 1st defendant, a debenture over all assets of the 1st defendant and a guarantee by its 2 directors Jamer Singh (the 2nd defendant) and Tejinder Raj Singh (the 3rd defendant). By a letter of offer dated 28.4.2000 the plaintiff granted to the 1st defendant an additional banking facility of RM1,590,000.00. By a letter of offer dated 29.6.2000 the plaintiff granted to the 1st defendant a further banking facility of RM7,450,000.00. On 23.8.2000 the plaintiff and the 1st defendant entered into a Facility Agreement relating to the aforesaid banking facilities. On 28.8.2003 the plaintiff restructured the various banking facilities granted to the 1st defendant on the security of a supplementary facility agreement which was executed on 2.9.2003. According to the Supplementary Facility Agreement the existing…

    • 2572 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The petitioner went to the COMELEC, which dismissed his appeal on the ground that it had no power to review the decision of the RTC, based on Section 9 of R.A. 6679, that decisions of the RTC in a protest appealed to it from the municipal trial court in barangay elections “on questions of fact shall be final and non-appealable”. In his petition for certiorari, the COMELEC is faulted for not taking cognizance of the petitioners appeal.…

    • 565 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Petitioner (APL) entered into a contact with the Marine Security Agency for the latter to guard and protect the petitioner’s vessels while moored at the port of Manila. The contract was valid for one year from date of its execution (Jan 4, 1960). The guards were not known to APL and were paid by Petitioner handing a lump sum to the Agency whom the latter pays the guards.…

    • 1478 Words
    • 6 Pages
    Good Essays
  • Good Essays

    On Dec. 29, 1921, Gabriela Andrea de Coster y Roxas and her husband acting as her agent, made to the BPI a certain promissory note for P292,000,payable one year after date, with interest of 9 per cent per annum and payable monthly. In order to secure the payment thereof, Jean M.Poizat and J. M. Poizat and Co. executed a chattel mortgage in favor of the plaintiff on the steamers Roger Poizat and Gabrielle Poizat including the machinery and materials belonging to the Poizat Vegetable Oil Mills. Gabriela Andreade Coster y Roxas and her husband acknowledged and delivered to the plaintiff a mortgage on certain real property lying and being situated in the City of Manila. The real property was subject to a prior mortgage in favor of La Orden de Dominicos or PP. Predicadores de la Provinciadel Santisimo Rosario, hence it is made a party defendant. The promissory is long past due which compel the plaintiff to file an action against the defendants.…

    • 919 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    almocera vs ong

    • 3629 Words
    • 11 Pages

    Plaintiff Johnny Ong tried to acquire from the defendants a "townhome" described as Unit No. 4 of Atrium Townhomes in Cebu City. As reflected in a Contract to Sell, the selling price of the unit was P3,400,000.00 pesos, for a lot area of eighty-eight (88) square meters with a three-storey building. Out of the purchase price, plaintiff was able to pay the amount of P1,060,000.00. Prior to the full payment of this amount, plaintiff claims that defendants Andre Almocera and First Builders fraudulently concealed the fact that before and at the time of the perfection of the aforesaid contract to sell, the property was already mortgaged to and encumbered with the Land Bank of the Philippines (LBP). In addition, the construction of the house has long been delayed and remains unfinished. On March 13, 1999, Lot 4-a covered by TCT No. 148818, covering the unit was advertised in a local tabloid for public auction for foreclosure of mortgage. It is the assertion of the plaintiff that had it not for the fraudulent concealment of the mortgage and encumbrance by defendants, he would have not entered into the contract to…

    • 3629 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Andres Lao vs. CA

    • 634 Words
    • 3 Pages

    Facts: In 1965 a Contract of Sales Agent was entered by the Association of Anglo-American Tobacco Corporation with Andres Lao. Lao was to sell cigarettes manufactured and shipped by the Corporation to his address in Tacloban, and he would remit the sales proceeds. Lao would receive commission for those sold, with a monthly salary and operational allowance. In 1968 Lao’s attention was called to his enormous accounts and the difficulty in obtaining a tally despite his avowal of regular remittance of collections. In 1969 it was established that his liability amounted to P525,053. Also, the Corp. discovered that Lao was engaged in a construction business and suspecting that he diverted the sale proceeds to such business, it gave a demand letter for payment of his obligations. It also found that contrary to his allegations, he did not have a huge collectible from customers and nothing was due to the Corporation. From then on, the Corp. no longer sent him shipments. In 1970, Andres, Jose and Tomas Lao brought a complaint for accounting and damages against the Corp.. The court ordered both to undergo a court supervised accounting but also ordered the Corporation to pay the Lao’s actual loss of earnings, moral damages, exemplary damages, atty. fees and cost of suit. Later the court gave a supplemental decision dismissing Lao’s claim of overpayment. The Corp. and the Lao’s appealed. The CA found the Corp. liable for actual damages of loss of earnings, moral damages and exemplary damages. It also ordered the Corp. to pay the claim of overpayment by Lao. The Corp. file a motion for reconsideration and during its pendency, Esteban Co, the new VP of the Corp. filed a complaint with the fiscal alleging Lao failed to remit an amount which he allegedly misappropriated and converted to his own…

    • 634 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Takad Carnapping Case

    • 1257 Words
    • 6 Pages

    STATEMENT OF FACTS Bayan Development Corporation (BDC) granted a group loan to SCCPPTODA 2 (Samahan) in the amount of 480,000.00 which is partitioned among its six (6) members. Relative to this, a Kasuduan was entered into by BDC and Samahan on March 2003. Under the said Kasunduan, the six (6) members are to receive EIGHTY-THOUSAND PESOS each, payable for thirty (30) months with thirty-six percent (36) interest rate per annum and that said amount must be for the sole purpose of buying a tricycle. Ma. Teresa Lacsamana, a member of said Samahan, was then extended the amount of EIGHTY-THOUSAND PESOS and as agreed upon, she bought a tricycle which is now the subject of this case. Lacsamana, however, defaulted in her loan. She had her last payment on July 2003, barely four (4) months from the constitution of the Kasunduan. In pursuant to the Kasunduan, Zennie Aguirre, the accounts officer of BDC, pulled-out the subject tricycle from Lacsamana,the latter…

    • 1257 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    PRODUCERS BANK OF THE PHILIPPINES, petitioner, vs. HONORABLE COURT OF APPEALS, ASIA TRUST DEVELOPMENT BANK, RAINELDA A. ANDREWS, SAMSON FLORES, ALFONSO LEONG, JR., RHODORA D. LANDRITO, JOSEPH CHUA, RAMON YU, EDUARDO G. ESCOBAR, MILAGROS B. NAYVE, ELIZABETH C. GARCIA, ALBERTO LIMJOCO, SR., GLORIA E. MENPIN and ESPERANZA FLORENDO, respondents.…

    • 4711 Words
    • 19 Pages
    Powerful Essays
  • Powerful Essays

    Umil vs. Ramos

    • 4897 Words
    • 20 Pages

    IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF ATTY. DOMINGO T. ANONUEVO and RAMON CASIPLE: DOMINGO T. ANONUEVO and RAMON CASIPLE, petitioners,…

    • 4897 Words
    • 20 Pages
    Powerful Essays
  • Powerful Essays

    Ui vs Bonifacio

    • 4399 Words
    • 18 Pages

    On January 24, 1971 complainant Leslie Ui married Carlos L. Ui at the Our Lady of Lourdes Church in Quezon City1 and as a result of their marital union, they had four (4) children, namely, Leilani, Lianni, Lindsay and Carl Cavin, all surnamed Ui. Sometime in December 1987, however, complainant found out that her husband. Carlos Ui, was carrying on an illicit relationship with respondent Atty. Iris Bonifacio with whom he begot a daughter sometime in 1986, and that they had been living together at No. 527 San Carlos Street, Ayala Alabang Village in Muntinlupa City. Respondent who is a graduate of the College of Law of the University of the Philippines was admitted to the Philippine Bar in 1982.…

    • 4399 Words
    • 18 Pages
    Powerful Essays
  • Powerful Essays

    SCRA CONSTI

    • 3233 Words
    • 13 Pages

    On January 21, 1976, the IBP, through its then President Liliano B. Neri, submitted the said resolution to the Court for consideration and approval, pursuant to paragraph 2, Section 24, Article III of the By-Laws of the IBP, which reads:…

    • 3233 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    (b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided in their charters.…

    • 20056 Words
    • 81 Pages
    Powerful Essays