"I chose to go to law school because I thought that someday, somehow I'd make a difference." -A.

March 13, 2017

What is Suffrage?

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Definition: The right to vote in the election of officers chosen by the people and in the determination of questions submitted to the people. 

Suffrage applies not only to elections, but may also extend to initiatives, referenda, plebiscite and recall.

Suffrage as a duty is in the nature of a public trust and constitutes a voter a representative of the whole people. This duty requires that the privileged bestowed should be exercised not exclusively for the benefit of the citizen or citizens proferring it but in good faith and with intelligent zeal for the general benefit and welfare of the State. (Cipriano Abanil v. Justice of the Peace Court of Bacolod, Negros Occidental et. al. 70 Phil. 28 (1940)).
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March 6, 2017

Benguet vs. Flores

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Facts:

  • This involves an administrative case filed by Benguet Electric Cooperative against Atty. Flores.
  • The complaint was for the removal of his name in the Roll of Attorneys by reason of forum shopping which amounted to grave misconduct and delay in the administration of justice.
  • There was a case GR. No. 89070 wherein Benguet Electric Cooperative was the winner. 
  • There was a writ of execution ordering the losing board members of  Benguet Cooperative to pay the amount of P344,000 which it paid to one Peter Cosalan during the pendency of the said case.
  • Now, Atty. Flores was the legal counsel of two of the losing board members namely Abundlo Awal and Nicasio Aliping.
  • As the lawyer for Awal and Aliping, Atty. Flores instituted Civil Case No. 2738-R with the RTC of Baguio seeking to enjoin Clerk of Court and others from levying on their properties. However, this was dismissed. (prayer: issuance of TRO and or preliminary writ of injunction pending the resolution of the main action)
  • Thereafter, separate complaints for Judicial Declaration of Family Home Constituted to exempt a property from being levied as a result of the enforcement of the judgment.
  • It was the claim of Benguest that there was forum shopping by reason of the fling of the said complaints as well as there was  a groundless suit for damages against the Sheriff since the said sheriff was only performing his job.
  • The IBP found Atty. Flores guilty and ordered his suspension for 6 months.
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