Canon 6

Vitriolo vs. dasig

Facts:
An administrative case was filed for the disbarment of Atty. Dasig an official of CHED. The charge
involves grave misconduct and violation of the attorneys oath for using her office to extort money. The
respondent has been allegedly collecting fees while she was an OIC of legal affairs service. She was also
charged for failure to pay her debts as evidence by the dishonored checks she issued.
Issue:
Whther or not the respondent violated the attorneys oath and the CPR
Ruling:
The records showed that she indeed extorted money from clients. She violated Canon 6 rule 6.02 and
the attorneys oath which bars lawyers from government service to use their office for their private
interests.
She was disbarred and her name was stricken off the roll of attorneys.

People vs. pineda
Tomas Narbasa and Tambak Alindo was indicted before the Court of First Instance in five (5) separate
cases, four for murder. They moved for the consolidation thereof into one criminal case. Their plea is
that "said cases arose out of the same incident and motivated by one impulse." Giving the nod to
defendants' claim, respondent Judge, in an order dated May 13, 1966, directed the City Fiscal to unify all
the five criminal cases, and to file one single information in Case 1246. He also ordered that the other
four cases, Nos. 1247, 1248, 1249 and 1250 "be dropped from the docket." The City Fiscal balked at the
foregoing order, sought reconsideration thereof, upon the ground that "more than one gun was used,
more than one shot was fired and more than one victim was killed." The defense opposed.
Issue: WON the fiscal abused his discretion in filing separate cases
Ruling:
It stands to reason then to say that in a clash of views between the judge who did not investigate and
the fiscal who did, or between the fiscal and the offended party or the defendant, those of the Fiscal's
should normally prevail. In this regard, he cannot ordinarily be subject to dictation. We are not to be
understood as saying that criminal prosecution may not be blocked in exceptional cases. A relief in
equity "may be availed of to stop it purported enforcement of a criminal law where it is necessary. And
at this distance and in the absence of any compelling fact or circumstance. We state that, here, the
Fiscal's discretion should not be controlled.


Collantes vs. renomeron
Facts:
This complaint for disbarment is relative to the administrative case filed by Atty. Collantes, house
counsel for V& G Better Homes Subdivision, Inc. (V&G), against Atty. Renomeron, Register of Deeds of
Tacloban City, for the latters irregular actuations with regard to the application of V&G for registration
of 163 pro forma Deed of Absolute Sale with Assignment (in favor of GSIS) of lots in its subdivision.
Although V&G complied with the desired requirements, respondent suspended the registration of the
documents with certain special conditions between them, which was that V&G should provide him
with weekly round trip ticket from Tacloban to Manila plus P2,000.00 as pocket money per trip, or, in
lieu thereof, the sale of respondents Quezon City house and lot by V&G or GSIS representatives.
Eventually, respondent formally denied the registration of the documents. He himself elevated the
question on the registrability of the said documents to Administrator Bonifacio (of the National Land
Titles and Deeds Registration Administration-NLTDRA). The Administrator then resolved in favor of the
registrability of the documents. Despite the resolution of the Administrator, the respondent still refused
the registration thereof but demanded from the parties interested the submission of additional
requirements not adverted in his previous denial.

Issues: (1) WON the respondent, as a lawyer, may also be disciplined by the Court for his malfeasance as
a public official, and (2) WON the Code of Professional Responsibility applies to government service in
the discharge of official tasks.

Held: (1) Yes, a lawyers misconduct as a public official also constitutes a violation of his oath as a
lawyer. The lawyers oath imposes upon every lawyer the duty to delay no man for money or malice.
The lawyers oath is a source of obligations and its violation is a ground for his suspension, disbarment
or other disciplinary action.

(2) Yes, the Code of Professional Responsibility applies to government service in the discharge of their
official tasks (Canon 6). The Code forbids a lawyer to engage in unlawful, dishonest, immoral or deceitful
conduct (Rule 1.01, Code of Professional Responsibility), or delay any mans cause for any corrupt
motive or interest (Rule 1.03).





Huyssen vs Gutierrez
FACTS:
Huyssen alleged that in the process of her and her childrens application for visa to stay in the
Philippines, Gutierrez required US$20,000 as deposit, refundable after one year. Gutierrez was then
with the Bureau of Immigration and Deportation.After one year, when Huyssen demanded the $20,000
from Atty. Gutierrez, therespondent failed to do so
ISSUE:Whether or not Atty. Gutierrez should be disbarred
RULING:Yes. He violated Canon 6, Rule 6.02. His defense was not able to address the issueto prove his
innocence, but it even weakened his stand for he implicitly admittedthat he really required and received
$20,000. Why was he too willing to give outP800,000 out of his own personal money if there really is a
legal requirement of $20,000 which could have been possibly refunded from the BID.

Misamin Vs. San Juan
Facts:
Atty. San Juan, a captain of the MM Police force and a member of the bar was charged with coercing an
employee,Misamin, to agree to drop charges filed against his employer Tan Hua for violation of the
Minimum Wage Law.
Issue: Whther or not Atty. San Juan is guilty of coercion
Ruling: The case was dismissed for lack of evidence.
PCGG vs. Sandiganbayan
Facts:
1976: General Bank & Trust Company (Genbank) encountered financial difficulties. Central Bank
extended loans to Genbank in the hope of rehabilitating it (P310M). Nonetheless, Genbank failed to
recover.
1977: Genbank was declared insolvent. A public bidding of Genbanks assets was held with the Lucio Tan
Group winning the bid. Solicitor General Mendoza, representing the government, intervened with the
liquidation of Genbank.
1986: after EDSA I, Cory established the PCGG to recover the ill-gotten wealth of Marcos, his family and
cronies.
1987: PCGG filed a case against Lucio Tan and certain other people. In relation to this case, PCGG issued
several writs of sequestration on properties allegedly acquired by the respondents by taking advantage
of their close relationship and influence with Marcos. Sandiganbayan heard the case.
Estelito Mendoza (Solicitor General during the time of Marcos) represented the respondents.
1991: PCGG filed a motion to disqualify Mendoza, because of his participation in the liquidation of
Genbank. Genbank (now Allied Bank) is one of the properties that PCGG is seeking to be sequestered
from the Tan group. PCGG invoked Rule 6.03 of the Code of Professional Responsibility.
Sandiganbayan denied PCGGs motion. According to the Sandiganbayan, Mendoza did not take an
adverse position to that taken on behalf of the Central Bank. And Mendozas appearance as counsel was
beyond the 1 year prohibitory period since he retired in 1986.
Issue: W/N Rule 6.03 of the Code of Professional Responsibility apllies to Estelito Mendoza
Ruling:
No, it does not apply to Mendoza. Sandiganbayan decision is affirmed.
The act of Mendoza as Solicitor General is advising the Central Bank on how to proceed with the
liquidation of Genbank. This is not the matter contemplated by Rule 6.03 of the Code of Professional
Responsibility.
The matter involved in the liquidation of Genbank is entirely different from the matter involved in the
PCGG case against the Lucio Tan group.
The intervention contemplated in Rule 6.03 should be substantial and important. The role of Mendoza in
the liquidation of Genbank is considered insubstantial.
SC is even questioning why PCGG took such a long time to revive the motion to disqualify Mendoza.
Apparently, PCGG already lost a lot of cases against Mendoza. PCGG getting desperate.