This case has been cited 2 times or more.
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2012-06-27 |
BRION, J. |
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| The relation of an attorney and a client is in many respects one of agency and the general rules of ordinary agency apply. The extent of authority of a lawyer, when acting on behalf of his client outside of court, is measured by the same test applied to an ordinary agent.[158] Accordingly, even if we go by Atty. Reyes' account of how the De Guzman letter surfaced, Jacobi, at least, had constructive possession of the De Guzman letter. Being a mere extension of the personality of the principal (client), the agent's (lawyer's) possession is considered that of the principal's.[159] | |||||
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2009-08-24 |
NACHURA, J. |
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| Preliminarily, the Court admits that, ordinarily, it will not review the findings of fact made by the appellate court. However, jurisprudence lays down several exceptions, among which are the following which obtain in this case: when the judgment is based on a misapprehension of facts and when the appellate court manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, could justify a different conclusion.[30] Thus, the Court finds it imperative to evaluate, as in fact it had reviewed, the records of the case, including the evidence adduced during the trial, in relation to the arguments of the parties and the applicable law and jurisprudence. | |||||