Petitioner
The Director of Lands
Respondent
Cristobal Abagat
Citation
G.R. No. 30514
Court
Supreme Court
Division
Second Division
Ponente
Ostrand, J.
Decided
March 27, 1929

Summary

This case involves lawyer Sisenando Palarca's attempt to acquire twelve parcels of conjugal property from his client Juan Soriano through a 1918 deed, while representing Soriano in litigation against the heirs of deceased wife Vicenta Macaraeg. The Supreme Court consistently ruled against Palarca, holding that Article 1459 of the Civil Code prohibits lawyers from purchasing property involved in litigation they handle. When administrators sought Palarca's ejectment after the land was adjudicated to the deceased spouses' estates, Palarca claimed right to reimbursement of P16,250 for consideration, taxes, and improvements. The Court denied reimbursement, ruling Palarca was a bad faith possessor who knew of his defective title from the beginning. The Court suggested the deed was possibly fictitious and that fruits received likely exceeded any expenditures. This case establishes important precedent on professional ethics limitations and bad faith possession consequences.

Statutes applied

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By the Intellegal Editorial Board · March 27, 1929

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