disbarment

A lawyer must be disbarred for committing a crime which does not only show his disregard of his oath as a government official but is likewise of such a nature to negatively affect his qualification as a lawyer.

The purpose of a proceeding for disbarment is to protect the administration of justice by requiring that those who exercise this important function be competent, honorable and reliable - lawyers in whom courts and the public at large may repose confidence. Thus, whenever a clear case of degenerate and vile behaviour disturbs that vital yet fragile confidence, the Court shall not hesitate to rid the profession of odious members (A.C. No. 10207, July 21, 2015).

determination of just compensation of CARP covered land

The Regional Trial Court (RTC), acting as Special Agrarian Court (SAC), has jurisdiction to determine just compensation of CARP covered landholdings at the very first instance, and the petitioner need not pass through the DARAB for initial valuation. The determination of just compensation is essentially a judicial function, which is vested in the RTC acting as SAC. The SAC is not an appellate reviewer of the DAR decision in administrative cases involving compensation. The SAC has jurisdiction over the complaint for determination of just compensation, despite the absence of summary administrative proceedings before the DAR Adjudication Board-DARAB (G.R. No. 163361, March 12, 2014)

Res Judicata

Two (2) concepts of res judicata: Bar by prior judgment & Conclusiveness of judgment. For res judicata to apply: 1) the judgment sought to bar the new action must be final, 2) the decision must be rendered by a court having jurisdiction over the subject matter & the parties, 3) the disposition of the case must be a judgment on the merits, 4) there must be as between the first and second action, identity of parties, subject matter and causes of action.

Should identity of parties, subject matter and causes of action be shown in the two cases, then res judicata in its aspect as a "bar by prior judgment" would apply. If as between the two cases, ONLY IDENTITY OF PARTIES can be shown, but not causes of action, then res judicata as "conclusiveness of judgment applies (G.R. No. 209535, June 15, 2015).