Atty. John Leonard S. Bernal, ECE, JD

03/10/2025

📢 𝗙𝗥𝗘𝗘 𝗡𝗢𝗧𝗔𝗥𝗜𝗔𝗟 𝗦𝗘𝗥𝗩𝗜𝗖𝗘𝗦 📢

To help our fellow Kagayanons rebuild their homes after the fire incident at Barangay 17, XUCLA is offering 𝗳𝗿𝗲𝗲 𝗻𝗼𝘁𝗮𝗿𝗶𝘇𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗔𝗳𝗳𝗶𝗱𝗮𝘃𝗶𝘁 𝗼𝗳 𝗟𝗼𝘀𝘀 for those affected, which includes items and/or documents that were lost or destroyed due to the fire.

This will be available on 𝗪𝗲𝗱𝗻𝗲𝘀𝗱𝗮𝘆𝘀 and 𝗧𝗵𝘂𝗿𝘀𝗱𝗮𝘆𝘀. Feel free to visit us at CH 204, Campion Hall 2/F, Xavier University - Ateneo de Cagayan.

21/09/2025

https://www.facebook.com/share/p/1Fv9Fsw31X/?mibextid=wwXIfr

21/09/2025

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https://www.facebook.com/share/p/1B9SCFV9FL/

13/08/2025

31/07/2025

The (SC) has clarified that being listed in a corporation’s General Information Sheet (GIS) is not enough to prove someone is a stockholder.

In a Resolution written by Associate Justice Ramon Paul L. Hernando, the SC’s First Division granted a motion for reconsideration of its earlier Decision and ruled that Ma. Christina Patricia C. Lopez (Christina) and John Rusty Lito Lopez (John Rusty) are not stockholders of LC Lopez and Conqueror, despite being listed in the companies’ GIS submitted to the Securities and Exchange Commission.

The case stemmed from special stockholders’ meetings held by the two companies to elect new board members. Christina and John Rusty sent proxies to participate, but the companies rejected them, stating that their principals were not registered stockholders. The meetings proceeded, and new directors were elected.

Christina and John Rusty challenged the elections before the Regional Trial Court (RTC), arguing that their exclusion invalidated the election due to a lack of quorum. The RTC ruled in their favor, relying on the GIS as proof of their stockholder status.

However, the Court of Appeals reversed the RTC’s decision, pointing out that their names did not appear in the companies’ stock and transfer books.

The SC initially upheld the RTC’s decision, considering the GIS and witness testimonies as sufficient evidence. Respondent board of directors, however, moved for reconsideration.

In granting the motion, the SC clarified that the stock and transfer book is the primary and official record of a corporation’s stockholders. A person must also present a stock certification issued in their name to prove ownership of shares.

Under Section 62 of the Revised Corporation Code, a transfer of shares is not valid—except between the parties—until it is properly recorded in the company's books.

The SC ruled that being listed in the GIS does not make one a stockholder, and that the stock and transfer book prevails.

Read the full text of the Press Release at https://tinyurl.com/35m52bke.

Read the full text of the Resolution at https://tinyurl.com/5n75bf7s.

Read the Dissenting Opinion of Associate Justice Ricardo R. Rosario at https://tinyurl.com/a5jwrd4d.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

13/07/2025

IBP LEGAL PRACTICE ACADEMY ⚖️
Enrollment now open for Session 1!
📍This is absolutely free!

A flagship initiative of the IBP Misamis Oriental Chapter, the Legal Practice Academy is a mini-lecture and workshop series designed to equip our members—especially those new in private practice—with the foundational knowledge, tools, and techniques essential for a successful legal career.

Spanning 6–8 sessions, this series covers practical topics ranging from setting up a law office, court procedures, case management, practical trial techniques, ethics, and more. Each session builds upon the next, offering a comprehensive guide to everyday lawyering.

🟨 SESSION 1: Starting Your Private Law Practice
🗓 July 29 | 3:00–5:00 PM | via Zoom
💼 Topics include:

• BIR Registration & Tax Filing
• Official Receipts & Billing Practices
• Hiring Support Staff (Admin & Paralegals)
• Case Management
• Office Systems & Case Files
• Managing Overhead &Sustainability
• Practical Advice

🎙 Session 1 Lecturers:

• Atty. Francis U. Ku – Private Litigator, Arbitrator, Law Professor, and Real Estate Broker

• A Tax Lawyer from the Bureau of Internal Revenue

The Legal Practice Academy is open to all IBP Misamis Oriental members. While attendance to all sessions is not required, we strongly encourage new lawyers to complete the entire series for maximum benefit.

📲 Register for Session 1 now!
Scan the QR code in the poster or click here: https://bit.ly/463od1g?r=qr

02/07/2025

The is finally online. Lawyers may now file and track their cases before the through this secure, convenient, and fully digital platform anytime, anywhere.

This is pursuant to A.M. No. 25-05-16-SC, or the Guidelines on the Transition to Electronic Filing in the Supreme Court, which may be accessed here:https://sc.judiciary.gov.ph/wp-content/uploads/2025/06/25-05-16-SC.pdf

Reminders:
- Double check: ensure all uploaded IDs are valid and verify the accuracies of all entries
- Back up: scan and save digital copies of documents
- Be mindful of deadlines: give yourself enough time to upload all documents

Watch the step-by-step guide on how to use at https://www.youtube.com/watch?v=JuFvi1f_zPE

You can also watch the instructional video on how to create an account at the PJP at https://youtu.be/xWU5cbmWcbA?si=Zewl-ZXk1qPuGFhj

For more details, visit https://sc.judiciary.gov.ph/ecourt-ph/

23/06/2025

The (SC) has reiterated that a co-owner must give written notice to the other co-owners before selling their share of a property. However, if the other co-owners already knew about the sale and failed to exercise their right to buy the share within 30 days, the written notice is no longer required.

In a Decision written by Chief Justice Alexander G. Gesmundo, the SC’s First Division denied the petition filed by siblings Antonio Azurin, Jr. (Antonio) and Rafael Azurin (Rafael) to buy back a parcel of land registered in the name of Carlito Chua (Chua).

Antonio and Rafael were in possession of a parcel of land which they co-owned with their aunt Adelaida. Adelaida later sold to Chua her portion, which was officially registered in Chua’s name after it was surveyed and divided.

Years later, Antonio and Rafael attempted to buy back the land from Chua by filing a complaint for legal redemption before the trial court. Both the trial court and the Court of Appeals denied the complaint, on the ground that the case was filed years after the sale and well beyond the 30-day period allowed by the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦.

Antonio and Rafael appealed to the SC, but the SC denied their appeal.

The SC said that under the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦, a co-owner intending to sell their share to a third party must notify the other co-owners in writing about the sale. The other co-owners then have 30 days from receipt of the written notice to redeem or buy back the portion sold. If they fail to do so within the period, they lose the right to redeem the sold portion.

The SC, however, added that the requirement of written notice can be waived if (1) unusual circumstances have made the co-owners aware of the sale, and (2) the co-owners did not take action or were negligent in their right to redeem the property, a situation referred to in law as laches.

In this case, the SC found that Antonio and Rafael were aware of the sale. They were in actual possession of the land and, therefore, were informed about the survey conducted on it. Additionally, they received Chua’s legal complaint to recover possession.

However, they waited more than six years before trying to redeem the property.

Read the full text of the Press Release at https://tinyurl.com/68yxczhw.

Read the full text of the Decision at https://tinyurl.com/35tpwuye.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

16/06/2025

Honored to be part of this community. Serve the country, Hail the IBP!