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Legal Ethics Digest

Legal Ethics Digest

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Published by Jeje Medidas

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Published by: Jeje Medidas on Sep 24, 2012
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09/24/2012

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LEGAL ETHICS DIGEST
IN RE: VICTORIO LANUEVO(former Bar confidant)RAMON GALANG
(1971 Bar Examinee) flunked in 1969, 1966-76, 1962-64 Bar exam
FACTS:
1. Administrative proceeding against Victorio Lanuevo for disbarment.2.Admitted having brought the five examination notebooks of Ramon E. Galang back to the respective examiners for re-evalution or re-checking.3.The five examiners admitted having re-evaluated or re-checked the notebook tohim by the Bar Confidant, stating that he has the authority to do the same andthat the examinee concerned failed only in his particular subject and was on the borderline of passing.4.Ramon galang was able to pass the 1971 bar exam because of Lanuevo’s move but the exam results bears that he failed in 5 subjects namely in (Political, Civil,Mercantile, Criminal & Remedial).5.Galang on the otherhand, denied of having charged of Slight Physical Injurieson Eufrosino de Vera, a law student of MLQU.
RULING
:The court disbarred Lanuevo – has no authority to request the examiners to re-evaluate grades of examinees w/o prior authority from Supreme Court.He does not possess any discretion with respect to the matter of admission of examinees to the bar. He does not a have any business evaluating the answers of the examinees.Consequently, Galang was also disbarred Sec. 2 of Rule 138 of the Revised Rulesof Curt of 1964, candidates for admission to the bar must be of good moral character. Galang hasa pending criminal cases of Physical Injuries, he committed perjury when he declared under oaththat he had no pending criminal case this resulted him to revoked his license.
PEOPLE V. VILLANUEVAFACTS:
On Sept. 4, 1959, the Chief of Police of Alaminos, Laguna, charged SImplicioVillanueva with crime of Malicious Mischiedf, before the Justice of the Peace Court of saidMunicipality. Said accused was represented by counsel de oficio, but later on replaced by counselde parte. The complainant in the same case was representry by City Attorney Ariston Fule of SanPablo City, having entered his appearance as private-prosecutor, having secuting the permission of the the Secretary of Justice.Counsel for the accused presented a “Motion in inhibit Fiscal Fule from Acting asPrivate prosecutor in this case, “this time invoking sec. 32, Rule 127, now sec. 35, Rule 138,Revised Rules, which bars certain attorneys from practicing.
ISSUE
: Whether of not Atty. Fule violate sec. 32 of Rule 127 now Sec. 35, Rule 138, revisedRules of Court, which bars certain attorneys from practicing.
RULING:
The Court holds that the appearance of Attorney Fule did not constitute private practice, within the meaning and contemplation of the Rules. Practice is more than isolatedappearance, for it consists in frequent or customary action, a succession of acts of the same kind.The word
private practice
of law implies that one must have presented himself to be in the activeand continued practice of the legal profession and that his professional services are available to the public for compensation, as a source of his livelihood or in consideration of his said services. It has
 
never been refuted that City Attorney Fule had been given permission by his immediate supervisor,the Secretary of Justice, to represent the complainant in the case at bar, who is a relative.
IN RE: LUIS B. TAGORDA 53 PHIL 37 3/23/29FACTS:
The respondent Atty. Luis Tagorda, a member of the provincial board of Isabela,admits that in the last general elections he made use of a card written in Spanish and Ilocano,which in translation, read as follows:“LUIS B. TAGORDA” Attoney; Notary Public; CANDIDATE FOR THIRDMEMBER, Province of Isabela. (NOTE.- as notaty public, he can execute for a deed of sale for the purchase of land as required by the cadastral office, can renew lost documents of your animals; canmake your application and final requisites for your homestead; and can execute any kind of affidavit. As a lawyer he can help you collect your loans although long overdue, as well as anycomplaint for or against you. Come or write to him in his town Echague, Isabela. He offers freeconsultation, and is willing to help and serve the poor.)The respondent further admits that he is the author of a letter addressed to alieutenant of barrio in his home municipality written in Ilocano, which letter reads as follow:“ I would like you all to be informed of this matter for the reason that some people are inthe belief that my residence as member of the Board will be in Iligan and that I would then bedisqualified to exercise my profession as lawyer and as notary public. Such is not the case and Iwould make it clear that I am free to exercise my profession as formerly and that I will have myresidence here in Echague, I would request your kind favor to transmit this information to your  barrio people in any of your meeting or social gatherings so that they may be informed of mydesire to live and to serve with you in my capacity as lawyer and notary public. If the people inyour locality have not as yet contracted the services of other lawyers in connection with theregistration of their land titles, I would be willing to handle the work in court and would chargeonly three pesos for every registration.”
HELD:
Application is give to se. 21 of the Code of Civil Procedure, as amended byAct NO. 2828, providing “ The practice of soliciting cases at law for the purpose of gain, either  personally or through paid agents or brokets, constitutes malpractice, “ and to Canon 27 and 28 of the Code of Ethics adopted by the American Bar Association in 1908 and by the Philippines Bar Association in 1917, to the case of the respondent lawyer. The law is a profession and not a business. The solicitation of employment by an attorney is a ground for disbarment or suspension.1.Respondent Tagorda is suspended from the practice of law for 1 month.2.For advertising his services in the Sunday Tribune respondent attorney isreprimanded.
 IN RE: ALMACEN (31 SCRA 562 2/18/70)FACTS:
Vicente Raul Almacen’s “Petition to Surrender Lawyer’s Certificate of Title,” filedon Sept. 26, 1967, in protest against what he therein asserts is “a great injustice committed againsthis client by Supreme Court”. He indicts SC, in his own phrase, as a tribual “peopled by men whoare calloused to our pleas for justice, who ignore without reasons their own applicable decisionsand commit culpable violations of the Constitution with impunity.” His client’s he continues, whowas deeply aggrieved by this Court’s “unjust judgment,” has become one of the sacrificial victims before the altar of hypocrisy.”He ridicules the members of the Court, saying “that justice as administered by the presentmembers of the Supreme Court is not only bline, but also deaf and dumb.” He then vows to argue

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