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1 LEDESMA V CLIMACO
2nd Sem 2005-2006
FACTS: ▪ Ledesma is counsel de parte of one accused. Thereafter, he was appointed as Election Registrar of Cadiz, Negros Occidental by COMELEC ▪ Ledesma withdrew as counsel on the basis that his appointment as Election Registrar would require full time service as well as on the volume or pressure of work will prevent him from handling adequately the defense. ▪ Judge Climaco denied his motion, and even appointed him as counsel de officio of the accused. ISSUE: WoN the withdrawal of Ledesma should be allowed HELD: No. RATIO: 1. There is obvious reluctance of Ledesma to comply with his responsibilities as counsel de oficio. Then, even assuming that he continues his position, his volume of work is likely to be very much less than present. There is no excuse for him to shirk from his obligation as member of the bar, who expects to remain in good standing, should fulfill. Ledesma was not mindful of his obligation as counsel de oficio. He ought to know that membership in the bar is a privilege burdened with conditions. Being appointed as counsel de oficio requires a high degree of fidelity (law is a profession and not a mere trade). Requires counsel of repute and eminence. In criminal cases, right to counsel is absolute. No fair hearing unless the accused be given an opportunity to be heard by counsel. The denial by Judge Climaco was due to the principal effect to delay the case (case has already been postponed for 8 times)
2. 3. 4.
2 IN RE SYCIP FACTS: This is a consolidated petition. The first one filed by the surviving partners of atty. Alexander Sycip and the other filed by the surviving partners of Atty. Herminio Ovaepa. They pray that they be allowed to continue using the names of partners who had passed away. Petitioners based their petitions on the following arguments: o Art. 1840 of the Civil Code, o in regulating other professions, the legislature has authorized the adoption of firm names without any restriction as to the use of the name of a deceased partner, o the Canons of Professional Ethics allows the continued use of a deceased partner when permissible by local custom. ISSUE: HELD: W/N law firms may continue to use the names o deceased partners in their firm names NO! Art. 1840 primarily deals with the exception of liability on cases of a dissolved partnership, of the individual property of the deceased partner for debts contracted by the person who continues the business using the partnership name. what the law contemplates is a hold over situation preparatory to formal reorganization. Art. 1840 treats more of a commercial partnership with a good will to protect rather than a professional partnership whose reputation depends on the personal qualifications of its individual members. A partnership for the practice of law cannot be likened to partnerships formed by other professionals or for business. a partnership for the practice of law is not a legal entity. It is not a partnership formed for then purpose of carrying on trade or business or of holding property. Thus, assumed or trade name in law practice is improper. The right to practice law is not a natural or constitutional right but is in the nature of a privilege or franchise. It must be considered that in the Philippines, no local custom permits or allows the continued use of a deceased partner’s name. Therefore, the cited provision on Canons of Professional Ethics is not applicable.
DISSENTING OPINION: Petition may be granted with the condition that it be indicated in the letterheads of the 2 firms that Sycip and Ovaepa are dead or the period when they served as partners sould be stated therein. 3 CAYETANO V MONSOD Facts: Pres. Aquino nominated Christian Monsod to the position of COMELEC chairman. The Commission on Appointments affirmed the nomination and appointed Monsod to the position.
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
2nd Sem 2005-2006
Renato Cayetano now assails the appointment. He says that Monsod is not qualified to the position because he has not been “engaged in the practice of law for ten years” (requirement is provided by Consti Art. 9-C Sec. 1(1)). W/n Monsod is qualified for the position of COMELEC chairman.
SC says yes. Monsod passed the bar in 1960 and had been consistently paying his professional fees. He worked in a law firm for several years after graduating but after that, had been more engaged in business and politics (for a list of his jobs, see p.238). Still, the SC said that he can still be considered as practicing law, if we consider the modern concept of the practice of law. This modern concept pertains to any act, whether in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. SC now says that since most of Monsod’s jobs involved the law, even if he has not been engaged in traditional lawyering (i.e. making pleadings or appearing in court), he can still be considered as to have been engaged in the practice of law. Dissents: Most of the dissents focused on the issue that the Consti requirement pertains to habitual practice of law. The dissenters pointed out that for the past ten years, Monsod really seldom practiced law. This group believed that the Consti required that the practice of law be on a regular basis. Justice Padilla even came up with qualifications – habituality; compensation; application of law, legal principle, practice or procedure; and atty.-client relationship – to determine w/n a person has been engaged in the practice of law.. 4 CUI V CUI Facts: The main concern in this case is the respective qualifications of Jesus Cui and Antonio Cui to the position of administrator of Hospicio de San Jose de Barii, a charitable institution established by Don Pedro Cui and Dona Benigna Cui. Jesus and Antonio are the sons of Mariano Cui, a nephew of the founders of the institution. Antonio’s claim to the position is based on a “convenio” where then administrator Teodoro resigned in favor of him. Jesus, however, had no prior notice of this. Jesus’s claim is that he should be preferred pursuant to the deed of donation (which recognized their father Mariano as a legitimate descendant to the position) as he is the older of the two. The deed, however, gives preference to a descendant who has a “titulo de abogado” or a doctor, or a civil engineer, or a pharmacist (in order). Or to the one who pays the highest taxes. Jesus holds the degree of Bachelor of Laws but is not a member of the Bar, while Antonio is a member of the Bar (he was formerly disbarred, though, by the SC and was just reinstated weeks before assuming the position)
Issue: Who has a better right to the position of administrator between Jose and Antonio? What does the term “titulo de abogado” mean? Held: Antonio. The term “titulo de abogado” is not just mere possession of the academic degree of Bachelor of Laws but membership in the bar after due admission thereto, qualifying one to the practice of law. Possession of the degree is not indispensable to qualify as a lawyer since completion of the prescribed courses may be shown in some other way. It was also argued that Antonio is disqualified for having been previously disbarred since the deed also provided that an administrator may be removed if found to lack a sound moral character. However, Antonio was reinstated. This reinstatement is a recognition of his moral rehabilitation after proving what was required by the Bar. Antonio’s restoration to the roll of lawyers wiped out restrictions and disabilities resulting from the previous disbarment. 5 ALAWI V ALAUYA PARTIES FACTS
ALAWI, sales rep of E.B. Villarosa ALAUYA, incumbent executive clerk of court Through ALAWI’S agency, a contract was executed for the purchase on installments by ALAUYA of a housing unit A housing loan was also granted to ALAUYA by the National Home Mortgage Finance Corporation (NHMFC) Subsequently, ALAUYA wrote a letter to the President of Villarosa advising termination of his contract on the grounds that his consent was vitiated by gross misrepresentation, deceit, fraud, dishonesty and abuse of confidence by ALAWI and proceeded to expound using acerbic language A copy of the letter, which bore no stamps, was sent to the VP of Villarosa ALAUYA also wrote the NHMFC repudiating as void his contract with Villarosa and asking for cancellation of his loan Finally, ALAUYA wrote 3 other letters to officers of the SC to stop deductions from his salary regarding the loan from NHMFC
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
NHMFC also wrote the SC requesting it to stop said deductions Learning of the letters, ALAWI filed a complaint alleging that ALAUYA o Committed malicious and libelous charges o Usurped the title of attorney
2nd Sem 2005-2006
ISSUE HELD RATIO ISSUE HELD RATIO
W/N ALAUYA VIOLATED THE CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES YES, PARTICULARLY SECTION 4 Section 4 “public officials and employees at all times respect the rights of others, and refrain from doing acts contrary to law, public order, public safety and public interest” ALAUYA, being a member of the Shari’a Bar and an officer of the Court, may not use language which is abusive, offensive, scandalous, menacing or otherwise improper His radical deviation from these norms cannot be excused W/N ALAUYA BEING A MEMBER OF THE SHARI’A BAR CAN USE THE TITLE “ATTORNEY” NO, RESERVED ONLY FOR THOSE WHO HAVE BEEN ADMITTED AS MEMBERS OF THE INTEGRATED BAR Court has already had an occasion to declare that persons who pass the Shari’a Bar are not full-fledged members of the Philippine Bar and may practice law only before Shari’a courts ALAUYA’S wish of not using “counsellor” because of confusion with “councilor” is immaterial because disinclination to use said title does not warrant his use of the title “attorney”
6 IN RE CUNANAN Facts: This is the “Bar Flunkers Act of 1953” case. As per the Rules of Court. A bar candidate must have a general average of 75% in all subjects without failing below 50% in any subject. In spite of this, the court passed and admitted to the bar those candidates who had obtained an average of only: • 72% in 1946 • 69% in 1947 • 70% in 1948 • 74% in 1949 • In 1950 to 53, the 74% was raised to 75% A few candidates who missed the above marks set by the courts approached Congress. Congress made a bill, which was allowed by the president to become a law without his signature. This is RA 972. Pursuant to the law in question, those who, without a grade below 50 per cent in any subject, have obtained a general average of 69.5 per cent in the bar examinations in 1946 to 1951, 70.5 per cent in 1952, 71.5 per cent in 1953, and those will obtain 72.5 per cent in 1954, and 73.5 per cent in 1955, will be permitted to take and subscribe the corresponding oath of office as members of the Bar, notwithstanding that the rules require a minimum general average of 75 per cent, which has been invariably followed since 1950. A breakdown of the numbers is on page 538. The additional candidates who want to be admitted claim that they suffered from insufficiency of reading materials and of inadequacy of preparation. Issue: W/N RA 972 is valid. Held: RA 972 is contrary to public interest because it qualifies 1,094 law graduates who confessedly had inadequate preparation for the practice of the profession. The public interest demands of the legal profession, adequate preparation and efficiency, precisely more so as legal problems evolved by the times become more difficult. In decreeing that bar candidates who obtained in the bar examinations of 1946 to 1952, a general average of 70 per cent
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
article VII of the Constitution. alter. Sarenas 2C . suspend. the admission in the practice of law. and procedure in all courts. that is from 1953 to 1955 inclusive. practice. and procedure are hereby repealed as statutes. There is no motive stated by the authorities for the qualification in RA 972 because of this. or supplemented by the Batasang Pambensa. and (2) all candidates who in the examinations of 1953 obtained a general average of 71. be admitted in mass to the practice of law. for justifiable reasons. suspension. shall be uniform in all courts of the same grade and shall not diminish. The primary power and responsibility which the Constitution recognizes continue to reside in the SC. 7 ECHEGARAY V SECRETARY OF JUSTICE pp. the classification is fatally defective. and not the legislative nor executive department. altered. that part of article 1 which refers to the examinations subsequent to the approval of the law. and legal assistance to the underprivileged. it is no less certain that only the SC. Anastacio. and the integration of the Bar. pleading. (1) all the above-mentioned petitions of the candidates who failed in the examinations of 1946 to 1952 inclusive are denied. increase. modify or supplement the existing rules on the matter. Section 13. and the admission to the practice of law. Sec5 (5): The Supreme Court shall have the following powers: xxx xxx xxx (5) Promulgate rules concerning the protection and enforcement of constitutional rights. suspend. therefore. Had Congress found that this Court has not promulgated any rule on the matter. the Integrated Bar. but the authority and responsibility over the admission. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. practice. Its power is limited to repeal. the disputed law is not a legislation. Congress may repeal. whether they have filed petitions for admission or not. disbar or reinstate directly attorneys at law. 1. 2. and (b) all of article 2 of said law are unconstitutional and. void and without force and effect. Beron. That. that may be so. 972 referring to the examinations of 1946 to 1952. disbarment and reinstatement of attorneys-at-law and their supervision remain vested in the Supreme Court. it is a judgment — a judgment revoking those promulgated by this Court during the years affecting the bar candidates concerned Although the SC certainly can revoke these judgments even now. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. disbar and reinstate attorneys at law and supervise the practice of the legal profession. may be repealed. or modify substantive rights. Said rules shall be uniform for all courts of the same grade and shall not diminish increase or modify substantive rights. and procedure. without having a grade below 50 per cent in any subject. article VIII of the Constitution provides: "Section 13. they shall be permitted to take and subscribe the corresponding oath of office as members of the Bar on the date or dates that the Chief Justice may set. if according to its judgment the need for a better service of the legal profession requires it. Calinisan. The existing laws on pleading.LEGAL ETHICS 2nd Sem 2005-2006 without falling below 50 per cent in any subject. Any attempt on the part of any of these departments would be a clear usurpation of its functions. Rivas. Morada. practice and procedure in all courts. or modify substantive rights.5 per cent or more. however. After this decision has become final. as in this case. 111-112 The 1973 Constitution Article X. practice. Fernandez. and are declared Rules of Courts. The Constitution does not say nor mean that Congress may admit. subject to the power of the Supreme Court to alter and modify the same. the admission in the practice of law. Gana Lopez. alter and supplement the rules promulgated by this court. practice and procedure in all courts. or supplement the rules concerning pleading. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court." The Constitution has not conferred on Congress and the SC equal responsibilities concerning the admission to the practice of law. are considered as having passed. The Congress shall have the power to repeal. shall be uniform in all courts of the same grade and shall not diminish. But this power does not relieve this Court of its responsibility to admit. is valid and shall continue to be in force. it would have nothing over which to exercise the power granted to it. The 1987 Constitution Article VIII. Consequently. for lack of unanimity in the eight Justices. Sec5 (5): The Supreme Court shall have the following powers: xxx xxx xxx (5) Promulgate rules concerning pleading. which. Mendiola. and the admission to the practice of law in the Philippines. in conformity with section 10. or a determinate group of individuals to the practice of law. The Supreme Court shall have the power to promulgate rules concerning pleading. That (a) the portion of article 1 of Republic Act No. increase.
the pardon granted was conditional. alter. or good morals. modesty. section 5. Sarenas 2C . a married woman. Under section 5 of Rule 127. Royong gave birth to a child Oblena denied all the allegations and argued that he and Royong had a relationship and Royong consented to have intercourse with him.) Oblena falsified the truth as to his good moral character in his application to take the bar. Morada. Admission of a candidate to the bar requires academic preparation and satisfactorytestimonials of good moral character. B. The unexecuted portion of the prison term was remitted on condition that the shall not again violate any of the penal laws of the Philippines. The Solicitor General recommended that Oblena be permanently removed from the roll of attorney eventhough the acts of the Royong before and after the rape incident showed that she is more of a sweetheart than a victim because of the circumstances behind the incident The Solicitor General also charged Oblena of falsifying and deliberately alleging in his application in the bar in1958 that he is a person of good moral character while having an illicit and adulterous relationship with Angeles who is not only the aunt of Royong but also has a legal husband in the province Oblena moved to dismiss the case because the offenses charged are different from those originally charged in the complaint but the court overruled his petition After the hearing. For the first time. the niece it the common-law wife of Oblena. It expanded the rule-making power of the Supreme Court. and procedure. a member of the bar may be removed or suspended from his office as attorney by the Supreme Court by reason of his conviction of a crime involving moral turpitude. Murder is. As a result if the sexual intercourse. Issue: W/N the conditional pardon to Gutierrez places him beyond the rule of disbarment Held: NO. ISSUE: HELD: W/N the illicit relationship with Royong and the open cohabitation with Angeles. 9 ROYONG v OBLENA FACTS: Royong. the court was given the power to promulgate rules concerning the protection and enforcement of constitutional rights. honesty. he and other coconspirators murdered the former municipal mayor of Calapan. are sufficient grounds to cause Oblena’s disbarment YES! Anastacio. Lontok. Royong alleged that in 1958 Oblena forced her to have intercourse with her and that she refrained to report the incident because Oblena threatened to kill her family. It was held that such pardon releases the punishment and blots out existence of guilt. Rivas. practice. Gutierrez was granted conditional pardon by the President. Calinisan. In the Lontok case. even after he became a lawyer and C. such a crime. so that in the eye of the law the offender is as innocent as if he had never committed the offense. Fernandez. It also granted for the first time the power to disapprove rules of procedure of special courts and quasi-judicial bodies. filed a rape case against the latter. and merely remitted the unexecuted portion of his term. “Moral turpitude” includes everything contrary to justice. on which Gutierrez relies. The degree of moral turpitude warrants disbarment.) Oblena used his knowledge in law to commit immoral acts without incurring any criminal liability. the 1987 Constitution took away the power of Congress to repeal. In her complaint. his common-law wife. the respondent. and with the use of a motor vehicle. by taking advantage of his official position. for which they were held guilty and sentenced to the penalty of death. Gana Lopez. But most importantly.LEGAL ETHICS 2nd Sem 2005-2006 The 1987 molded an even stronger and more independent judiciary. Mendiola. While he was the municipal mayor of Calapan. The widow of the murdered victim then filed a complaint with the Supreme Court asking that Gutierrez be removed from the rule of lawyers pursuant to Rule 127. the investigators concluded that A. was granted absolute or unconditional pardon after conviction for the crime of crime of bigamy. Beron. or supplement rules concerning pleading. In the case at bar. 8 IN RE GUTIERREZ In re Gutierrez Facts: Gutierrez is a member of the Philippine Bar. These standards are neither dispensed with nor lowered after admission: the lawyer must adhere to them or incur the risk of suspension or removal. The crime was qualified by treachery and aggravated by its having been committed in band. without doubt. It was not a full pardon which could have blotted out the offense committed.) he committed gross immorality by continuously cohabiting with Angeles. Upon review by the Supreme court the penalty was changed to reclusion perpetua. After serving a portion of the sentence.
on a reconstitution hearing. Also. Rule 127 of the Rules of Court. piercing the corporate veil) Balicanta has perpetuated massive fraud against his client. Morada. Issue: • Held: • • • • 11 TING-DUMALI v TORRES FACTS: Isidra Ting-Dumali charges Rolando Torres with violating his oath as a lawyer and canons of legal and judicial ethics. seduction or adultery and he is not guilty of any of the grounds for disbarment enumerated in Sec 25. One’s own approximation of himself is not a gauge of his moral character. General Manager and Treasurer of the corporation (kupal talaga) Balicanta was able to transfer some of the land to a certain Tion Suy Ong through an SPA signed by Cordon. 19 parcels of land was transferred in the name of the newly formed corporation. Fernandez. Eliseo and Vicente and Felicisima (married to Rolando Torres)) Torres consented to the forgery of Isidra’s signature for an Extrajudicial settlement making it appear that his wife and Miriam were the only sole heirs. Lahat ng ginawa niya against The Code of Professional Responsibility. Balicanta cannot invoke the separate personality of the corporation (wow. Balicanta fought back and said that the investigation is prejudiced against him and filed a complaint for disbarment against the people who investigated his case and the lawyers of Cordon. Beron. There is nothing in the law requiring the Solicitor General to charge in his complaint the same offence charged in the original complaint. Balicanta enticed Cordon to organize a corporation to develop the properties. Oblena’s contention that the Solicitor General exceeded his authority in filing the present complain which is entirely different from the original complaint filed is untenable. Marcelina. Miriam. presented false testimony that Miriam and Felicisima were the only sole heirs Torres presented the reconstituted deed to the RD to enable them to profit by selling the land Anastacio. Balicanta became the Chairman of the Board.LEGAL ETHICS 2nd Sem 2005-2006 Although Oblena is not yet convicted of the crime of rape. Moral character is not a subjective term but one which corresponds to objective reality. Calinisan. Torres. Oblena took advantage of Royong’s trust on him. tapos dinemolish na niya. he shall file the corresponding complaint accompanied by the evidence introduced in his investigation. Gana Lopez. His pretension to wait for the 18th birthday of Royong before having carnal knowledge with her shows the scheming mind of Oblena and his taking advantage of his knowledge of the law. Moral character is what the person really is and not what he other people thinks he is. the enumeration is not exclusive and the power of the court to exclude unworthy members of the bar is inherent and is a necessary incident to the proper administration of justice and can be exercised even without any statutory authority. Balicanta did not even try to redeem the properties and even sold the right to redeem to another person. 10 CORDON v BALICANTA (complaint for disbarment against Balicanta) Facts: Cordon and her daughter inherited 21 parcels of land in Zamboanga City when Cordon’s husband died. The loss requires suspension or disbarment eventhough the statues do not explicitly specify that as a ground of disbarment. W/N Balicanta should be disbarred Hello?! Siyempre he should be disbarred. Gago talaga. Sabi kasi ni Balicanta na he’s just going to have the house remodeled and repainted. Cordon and daughter demanded that Balicanta return all the properties given by them to the corporation but Balicanta is unable to do so (napunta na sa ibang tao eh) IBP investigation recommended that Balicanta be disbarred. Sometime after. in all cases unless properly prohibited by statutes. Rivas. What the law provides is that if the Solicitor General finds sufficient grounds to proceed against the respondent. Cordon’s ancestral home was demolished and Cordon was detained in a nipa shack. Oblena’s argument that he believed himself to be a person with good moral character when he filed his application to take the bar examination is wrong. Sarenas 2C . Buti na lang at nadiscover ni daughter kung ano nangyari. Royong is the niece of his common-law wife and he enjoyed moral ascendancy over her. Gago talaga to si Balicanta. Mendiola. American jurisprudence provides that the continued possession of a good moral character is a requisite condition for the rightful continuance in the practice of law. Balicanta was also able to obtain a loan from Land Bank using as collateral 9 parcels of land. President. Isidra’s parents died intestate and left many parcels of land to their 6 children (Isidra. Balicanta’s complaint was dismissed.
LEGAL ETHICS 2nd Sem 2005-2006 Torres contends that his acts were done in good faith believing for himself that his and the siblings had already agreed on how to dispose of the said lot. Beron. Edmundo submitted the decision of RTC declaring his marriage to complainant void ab initio. deceit. Edmundo having freely cohabited with her and even begot a 2nd child. While the marriage between complainant Florence and Edmundo has been annulled by final judgment. The lawyer’s oath. Held: Yes. Edmundo denied the allegations. A disbarment case is sui generis for it is neither purely civil nor criminal but is rather an investigation by the court on the conduct of its officers. That the false testimony was a clear oversight. The supreme penalty of disbarment is meted out only in clear cases of misconduct that seriously affect the standing and character of the lawyer as an officer of the court and member of the bar. Gana Lopez. Issue: W/n Edmundo should be disbarred. and falsehood in notarizing a Special Power of Attorney (SPA). to which all lawyers have subscribed in solemn agreement to dedicate themselves to the pursuit of justice. A lawyer is the servant of the law and belongs to a profession to which society has entrusted the administration of law and the dispensation of justice. Mendiola. P3. Investigating Commissioner of IBP suggested disbarment ISSUE: WoN Torres should be disbarred? HELD: YES RATIO: 1. but that Florence dragged Edmundo against his will to a 'sham wedding'. and Anastacio. the person who supposedly executed it. Gregorio E. The decision of RTC annulling their marriage is not res judicata on the final resolution of this case. Even assuming arguendo that Edmunod was coerced by complainant to marry her. And that his conformity through his signature was pro forma because the property was a paraphernal property of Marcelina and his wife. Said company had a contract with the Municipality of Cainta for the construction of low cost houses. nor is it mere words. Said SPA was purportedly executed by Juanito Benitez.. 3. Rivas. Fernandez. and that he abandoned Florence without providing them w/ regular support. Sarenas 2C . Facts show that while Edmundo has a subsisting marriage w/ Helen Esparza s/ whom he had 2 children.700T was paid to JC Benitez Architect and Technical Management for services not rendered (as consultants). drift and hollow. insisting instead that complainant Florence was fully aware of his prior subsisting marriage. 2. and prejudiced no one. 13 SICAT v ARIOLA Facts: Arturo Sicat. is not a mere ceremony or formality for practicing law to be forgotten afterwards. the duress has ceased after wedding day. this does not cleanse his conduct of impropriety. he entered into a 2nd marriage with complainant. Edmundo claimed that he left complainant and their 2 children w/ her consent. of the JC Benitez Architect and Technical Management. Ariola claims that the document he notarized was superfluous and unnecessary. Board Member of the Sangguniang Panlalawigan of Rizal charged Atty. Calinisan. but a sacred trust that lawyers must uphold and keep inviolable at all times. What is fraudulent about it is the fact that the SPA was notarized more than 2 months after the death of Benitez.. Morada. 12 MACARRUBO v MACARRUBO Facts: Florence Macarrubo by herself and on behalf of her 2 children files a complaint for disbarment against Edmundo Macarrubo alleging that Edmundo deceived her into marrying him despite his prior subsisting marriage with a certain Helen Esparza. dishonest. immoral or deceitful conduct. he should make himself more an exemplar for others to emulate and he should make himself more an exemplar for others to emulate and he should not engage in unlawful. Florence further averred that Edmundo entered into a 3rd marriage with Josephine Constantino. Ariola of committing fraud.
Sarenas 2C . The property. Later on. Rivas. Mesina guilty of gross misconduct? Held: Blimey! Of course! When Atty Mesina advised Chua to execute a deed of sale antedated to 1979 to evade payment of capital gains tax. Issue: W/N Ariola can be held liable. Mesina violated his oath of office and Canons 1. ‘Father’ ceased to pay ‘Son’s’ salary ‘Son’ filed an action in NLRC for illegal dismissal with prayer for reinstatement without loss of seniority rights and payment of full back wages NLRC dismissed case stating that ‘Son’ has abandoned his work and termination is for a valid cause though ordered ‘Father’ to pay P5. another lessee of the building—Tecson—questioned the transaction as he was. And when he obtained the title upon the misrepresentation that he will return the same after 4 months. But when the spouses were appraised for capital gains tax. Jr Facts: Atty Simeon Mesina is the legal counsel of spouses Anna Chua and Chua An. His disbarment is warranted. the date of the transaction is 1979. But Mesina failed to effect such transfer and the spouses learned that the property is being offered to a public sale. Not long after the title was handed over to the spouses. he violated his duty to promote respect for law and legal processes. 14 CHUA v MESINA. himself. he committed dishonesty again. which is before the effectivity of the law imposing capital gains tax. A deed of sale was made conveying the property to the spouses.LEGAL ETHICS 2nd Sem 2005-2006 therefore he should be exonerated – the document was cancelled the same day he notarized it. A new title was issued to Felicisima by virtue of said deed but this was entrusted in the hands of the spouses.000 as penalty for failure to serve notice of said termination to son Anastacio. Held: Yes. 15 DE YSASI III v NLRC FACTS This is a case filed by a son against his father ‘Father’ employed ‘Son’ as farm administrator of Hacienda Manucao ‘Son’ suffered various ailments and was hospitalized on 2 separate occasions. June and August 1982 ‘Father’ took care of medical expenses while son continued to receive compensation However. 15. interested in buying the property. His assertion of falsehood in a public document contravened one of the most cherished tenets of the legal profession and potentially cast suspicion on the truthfulness of every notarial act. Meanwhile. 7. Calinisan. Mesina borrowed the title of the property from the spouses and promised to transfer. Fernandez. to attest to the contents and truth of what are stated therein. however. and 17 of the Code of Professional Responsibility. Mesina committed dishonesty. The case was investigated by the IBP and recommended that Mesina be suspended for gross misconduct. Atty Mesina suggested to execute another deed of sale—this time. and not merely suspended for a year. Gana Lopez. Hence the action. hence legally there was no public document that existed. Tecson desisted from pursuing the charges. title in the name of the spouses. Mendiola. The spouses leased a building owned by Mesina’s family. There were also badges of fraud that can be attributed to Mesina as there were marked differences in the signatures of Felicisima. was actually mortgaged in favor of a bank for a loan obtained by Mesina’s mother—Felicisima Melencio (who was the registered owner as well). yet again. Morada. the spouses were convinced by Mesina to help his mother in consideration for the purchase of the same lot at a certain price. Ariola is disbarred. Beron. Notaries public should not authenticate documents unless the persons who signed them are the very same persons who executed them an personally appeared before the. in April 1984. When Felicisima failed to meet her obligations to the bank. Mesina proposed to simulate a deed of sale wherein the spouses would appear to resell the property to Felicisima. When he convinced Chua to execute another deed to make it appear that the property was conveyed back to Felicisima. Clearly. Tecson filed charges for falsification of documents. Issue: Was Atty. To avoid the falsification charge.
Mendiola. 17 CANOY v ORTIZ Facts: A Complaint was filed Canoy accusing Atty. the SC issued a resolution ordering Atty. so he was suspended from the practice of law. On appeal. Estacio should have continued with his duties despite knowing that the accused did not have money anymore. Issue: W/n Estacio’s acts should be punished. Rivas. Gana Lopez. whose house was burned down along with the briefs. for failure to prosecute. Estacio failed to explain. He was shocked to learn that his complaint was actually dismissed way back in 1998. the suspension is lifted and Estacio is not anymore required to file the briefs but he is censured for negligence and inattention to duty. Calinisan. Atty. He then filed a motion for reconsideration saying that he did file the briefs but he sent it to Rosqueta Sr. Jr. The SC did subsequently receive affidavits from the accused withdrawing their appeal. end or settle the controversy if it will admit of a fair settlement” In the case at bar.. Atty. Held: SC says yes. Sarenas 2C . Canoy alleged that Ortiz had never communicated to him about the status of the case. at considerable financial sacrifice to himself. Canoy submitted all the documents and records to Atty. He attributes this failure to timely file the position paper to the fact that after his election as Councilor of Bacolod City. Eugenio Rosqueta and Citong Bringas. Gregorio Estacio (counsel de parte of the accused) to explain why disciplinary actions should not be taken against him for his failure to file the brief for appellants during the required period. Lawyers do their job not for the sole consideration of money. the reason for the ‘Son’s’ absence was due to his illness of which Father was aware of since he paid hospital and medical bills ‘Father’ is ordered to pay ‘Son’ backwages in lieu of reinstatement and separation pay equivalent to 1 month for every year of service ISSUE W/N COUNSELS OF EACH PARTY ACTED IN ACCORDANCE WITH THE CODE OF PROFESSIONAL RESPONSIBILITY HELD NO RATIO Rule 1. Ortiz admits that the period within which to file the position paper had already lapsed. He also said that the reason why he did not file the briefs was because the accused declared that they intended t withdraw their appeal for lack of money. deliberate and justified refusal to resume employment and not mere absence In the case at bar. SC commended what some lawyers would have done in that situation which was to be declared as counsel de officio so that the client remains properly represented by a lawyer who is already familiar with the case. Fernandez. “he was frankly preoccupied with both his functions as a local government official and Anastacio.04 of the Code of Responsibility explicitly provides “a lawyer shall encourage his client to avoid.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE HELD W/N SON WAS ILLEGALLY DISMISSED YES RATIO Article 282 of Labor Code enumerates causes for which an employer may valid terminate an employment ‘Father’ banks on the fact that ‘Son’ has abandoned his work However. the labor arbiter has been less than faithful to the spirit of the Labor Code as he did not exert all efforts towards the amicable settlement of the labor dispute 16 PEOPLE v ROSQUETA Facts: There was a criminal case against Antonio Rosqueta. Thereafter. Ortiz informs the Court that he has mostly catered to indigent and low-income clients. to constitute abandonment there must be a clear.. records do not show that counsel of both parties took pains to initiate steps geared toward a rapprochment between their clients In the same manner. Ortiz of misconduct and malpractice. Ortiz for the preparation of the position paper. Atty. Morada. is already sufficient punishment for his acts. Ortiz to follow-up the progress of the case. Thus. It was alleged that Canoy filed a complaint for illegal dismissal against Coca Cola Philippines. Ortiz appeared as counsel for Canoy in this proceeding. SC said that Estacio’s suspension for 5 mos. he made several unfruitful visits to the office of Atty. the parties not having submitted their position papers. Beron. His acts were not consistent with the idea that the law is not a business but a profession.
Mendiola. Teresa was found by the trial court to be guilty beyond reasonable doubt of raping his 12-year old daughter. counsel failed to appear and the trial judge had to appoint another counsel de oficio for the purpose of promulgation. Ortiz is to be sanctioned. Rule 18. This duty becomes more compelling is his client is accused of a grave crime and is in danger of forfeiting his life The right to counsel means more that just the presence of a lawyer in the courtroom or the mere propounding of standard questions and objections.03 of the Code of Professional Responsibility. no matter how guilty or evil he appears to be. Espeleta called the number and the wife of Atty. Simbillo is for P48. The case is now on automatic review.LEGAL ETHICS as a practicing lawyer. Issue: W/N counsel de officio discharged his duties properly Held: NO. There must be active involvement by the lawyer and he must be well-versed on the case. When accused was arraigned. Rule 18. the counsel de oficio’s performance was utterly wanting. and his negligence in connection therewith shall render him liable. Rivas. A lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. Suspension from the practice of law for one (1) month. The relationship of lawyer-client being one of confidence. half of which is payable at the filing of the case and the balance after the decision has been rendered. Sarenas 2C .” SC ordered its staff to call the number and ask some information.03 and 3. Neither is the Court mollified by the circumstance of Atty. he had the duty to exert utmost efforts to defend his client and protect his rights. Court Administrator. Morada. The services of Atty. His failure to do so constitutes a violation of Rule 18. Khan.04–A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client’s request for information. After 9 days. Rizalino Simbillo answered who said that his husband was an expert in handling annulment cases and guarantees a court decree within 4-6 month. Counsel must provide effective legal assistance and commit himself to the cause for the defense. Rule 2. As a lawyer sworn to uphold justice and the law. is liable to be sanctioned. the procedures. filed a case against Simbillo for violating the Code of Professional Responsibility. Simbillo admitted that he caused the advertisement but he argued that solicitation and advertisement is not Anastacio. Ortiz’s election as a City Councilor of Bacolod City. there is ever present the need for the client to be adequately and fully informed of the developments of the case and should not be left in the dark. as his adoption of these additional duties does not exonerate him of his negligent behavior.01. The abbreviated and aborted presentation of the prosecution evidence and the improvident plea of guilty was not in accordance with requirements of due process Considering the gravity of the offense charged and the finality of the penalty. He owes entire devotion to the interest of the client. his counsel de oficio made a manifestation that the accused wanted to change his plea to “guilty.” Issue: W/N Atty. and was given the penalty of death. 18 PEOPLE v STA TERESA Facts: Angeles Sta. CANON 18–A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.” The prosecution no longer presented testimonial evidence and merely presented exhibits to which counsel de oficio did not comment nor object. he pleaded not guilty. Gana Lopez. Calinisan. 2nd Sem 2005-2006 Held: Atty. Beron. During the promulgation of RTC’s decision. Several of the canons and rules in the Code of Professional Responsibility guard against the sort of conduct. and jurisprudence.000. Fernandez. Assist. law.03–A lawyer shall not neglect a legal matter entrusted to him. Similar advertisement also appeared in The Philippine Star and Manila Bulletin. 19 KHAN V SIMBILLO FACTS: An advertisement in Philippine Daily Inquirer came out which reads: “ANNULMENT OF MARRIAGE SPECIALIST 5324333/521-2667.
Aside from advertising himself as an “Annulment of Marriage Specialist. Solicitation of cases result in the lowering of the confidence of the community and integrity of the members of the bar. is unprofessional. Gana Lopez. Consultation on any matter free for the poor. W/N Simbillo violated the Code of Professional Responsibility YES! Rule 2. Simbillo again advertised his legal services. Rivas.01 states that a lawyer shall not use or permit the use of any false. The gaining of livelihood should be a secondary consideration. solicitation must be compatible with the dignity of the legal profession. he used placards which in a way was advertising his services as a lawyer and notary public He also wrote a letter to a lieutenant of a barrio in Echague. While the case was being investigated upon by the court. I won’t repeat it again! I never had any case by reason of the publication Anastacio. as well as advertisement in legal periodicals bearing the same brief data. the office and residence address and the fields of expertise. It is unprofessional for a lawyer to volunteer advice to bring lawsuit. who might other have 2nd thought. for 2 times. Sarenas 2C . undignified. fraudulent. Mendiola.Isabela. Everything confidential. However. Tagorda suspended for a month. It results in needless litigations and in incenting to strife.” In the Sunday Tribune Bayot first denied the publication but later on admitted. to dissolve their marriage. Tagorda is in a way advertising his services and this is contrary to the Canons of Professional Ethics (wala pa yung code of professional responsibility. 1929 case to) The most worthy and effective advertising for a lawyer is a well-merited reputation for professional capacity. Solicitation of business by circulars or advertisements. W/N the acts of Tagorda is advertising Yes. and marriage arranged to wishes of parties. The use of calling cards is now acceptable.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE: HELD: prohibited per se and that it is about time to change our views about the prohibition on advertising and solicitation. or by personal communications or interviews not warranted by personal relations. It is a profession in which the duty to public service. Issue: Held: 21 DIR OF LEGAL AFFAIRS V BAYOT FACTS: Bayot was charged with malpractice by publishing “Marriagelicense promptly secured thru our assistance & the annoyance of delay or publicity avoided if desired. In essence he was informing the lieutenant that he will be in Echague during the weekends and the lieutenant should convey this information to the other people in his town. self-laudatory or unfair statement or claim regarding his qualifications or legal services. Morada. Solicitation of legal business is not proscribed. Calinisan. misleading. Beron. 20 IN RE TAGORDA Facts: Luis Tagorda is a member of the provincial board of Isabela Previous to the last election. not money. Fernandez. is the primary consideration. He also said that the interest of the public is not served by the prohibition and suggested that the ban be lifted. in the Buy & Sell Free Ads Magazine. deceptive. IBP recommended that Simbillo be suspended for 1 year and that repetition of similar act will be dealt with more severely. are permissible. and asked for mitigation saying: o o I only did it once.” his assurance of his clients that an annulment may be obtained in 4-6 months from the filing of the case encourages people.03 provides a lawyer shall not do or permit to be done any act designed primarily to solicit legal business while Rule 3. The use of simple signs stating the name/s of the lawyers. It has been repeatedly stressed that the practice of law is not a business.
23 SAN JOSE HOMEOWNERS V ROMANILLOS Facts: This is a disbarment case against Atty. even for a young lawyer is the establishment of a wellmerited reputation for professional capacity and fidelity to trust. 3. 2nd Sem 2005-2006 2. for representing conflicting interests and for using the title “Judge” despite having been found guilty of grave and serious misconduct (in Zarate v Romanillos). morals. notwithstanding the manner by which respondent endeavored to distinguish the 2 terms. ISSUE: HELD: W/N the services offered by Legal Clinic as advertised by it constitutes practice of law Whether the same can properly be the subject of the advertisement complained of According to the IBP. (DCI).LEGAL ETHICS ISSUE: WoN Bayot can be charged with malpractice? HELD: YES. Legal Clinic admits the facts of publication of said advertisement that claims that it is not engage in the practice of law but in the rendering of legal support services through paralegals with the use of modern computers and electronic machine. Rivas. issuing advertisement similar to or of the same tenor as that of annexes A and B (p381). Gana Lopez. public order and public policy. either personally or thru paid agents or brokers. major stockholder and proprietor of the legal clinic is a member of the Philippine Bar. fair. DCI sold a land designated as a school site. This is in violation of Canon 1 Rule 1. Considering that Atty. That case. without disclosing it as such. This cannot be forced but must be the outcome of character and conduct. Apparently. in making known his legal services shall use only true. in a manner consistent with the standards of conduct imposed by the canon o Ordinary. was more serious than this because there the solicitations were repeatedly made and were more elaborate and insistent. Sarenas 2C . But it allowed itself to represent San Jose Homeowners Association.02 that is counseling illegal activities. reprimanded. legal support services and legal services.. Nogales who is the prime incorporator. simple professional card. Roberto Romanillos. legal procedures." It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. Applying the case Cayetano vs. common sense would readily dictate that the same are essentially without substantial distinction. however. Morada. the law firm. Inc (SJHAI) before the human Settlements Regulation Commission in a case against the same DCI. "The most worth and effective advertisement possible. honest. training and experience. Romanillos was previously an active board member as corporate secretary of Durano Corp. Monsod. Law is a profession and not a trade. Fernandez. as he hereby is. Section 25 of Rule 127 expressly provides among other things that "the practice of soliciting cases at law for the purpose of gain. Irrelevant info: the case above was an alleged violation of DCI of the Subdivision and Condominium Buyer’s Protection Act. (page 106) Anastacio. Exceptions: o Publication in reputable law lists. The use of the name the Legal Clinic gives the impression that the respondent corporation is being managed by lawyers and that it renders legal services. address and branch of law practiced. the court agrees that the activities of the respondent Legal Clinic constitute the practice of law. knowledge. the Court is of the opinion and so decided that the respondent should be. the Code of Profession Responsibility provides that a lawyer. Code of Ethics.) 22 ULEP V LEGAL CLINIC FACTS: Ulep prays the Supreme Court to order the Legal Clinic to cease. 1. In In re Tagorda. Such a conclusion will not be altered by the fact that respondent does not represent clients in court since law practice is not limited merely to court appearances. and objective information or statement of facts. Regarding the issue on the validity of the questioned advertisements. the respondent attorney was suspended from the practice of law for the period of one month for advertising his services and soliciting work from the public by writing circular letters. Beron. The advertisement in question is meant to induce the performance of acts contrary to law. he is hereby reprimanded with a warning that the repetition of the same or similar acts which are involved in this proceeding will be dealt with more severely. Practice of law means any activity. Calinisan.. The publication is tantamount to a solicitation of business from the public. The card may contain only the statement of his name. Mendiola." (Canon 27. in or out of court which requires that application of law. Inc. The proscription against advertising of legal services rests on the fundamental postulate that the practice of law is a profession. constitutes malpractice.Considering his plea for leniency and his promise not to repeat the misconduct. 53 Phil.
the SJHAI’s Board terminated Romanillos’ services.) And despite the pending appeal. Prosecutors are the representatives not of an ordinary party to a controversy. The orders of Judge Roura denying Motion to Defer proceedings are void and set aside. Gana Lopez. but he was merely reprimanded. They are servants of the law whose two-fold aim is that guilt shall not escape and innocence shall not suffer. The IBP handled the case. o Alfonso-Reyes recommended a bond of 20k for the Yabuts despite the fact that they were charged of homicide and that they were fugitives from justice (having avoided service of warrant of arrest). and the subsequent arraignment of the Yabuts are void and set aside. with no bail recommended. Thus. It would be more prudent to wait for the DOJ resolution. Rivas. The order of Judge Villon on the arraignment. His continued use of “judge” violated Rules 1. Office of the Provincial Prosecutor is ordered to comply with the DOJ Secretary’s resolution. a second disbarment case was filed. but he resigned instead of being booted out) The title “judge” should be reserved only to judges. but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all. Anastacio. And later on. Issue: Can the orders of Judge Roura and Judge Villon be sustained despite procedural defects? Held: No. Judge Roura’s procedural lapses: o Deferred resolution on the motion for a hold departure order until “such time that all the accused who are out on bail are arraigned” o Denied the motion to defer proceedings for the reason that “private prosecution has not shown any indication that the appeal was given due course by DOJ” Judge Villon’s procedural lapses: o Ordered arraignment despite: a motion to defer proceedings. Procedural irregularities in the Office of the Provincial Prosecutor: o Warrants of arrest were issued by the MCTC.01 and 3. but the Yabuts were not arrested or were never brought unto the custody of the law.01. a ten-day period with which the complainants can file petition with the CA. Alfonso-Reyes allowed the Yabuts to file their counter-affidavits without first demanding that they surrender by virtue of the standing warrants of arrest. the circumstance that the accused waived the filing of their counter-affidavits left Alfonso-Reyes no other choice but to sustain the MCTC findings—which she did not do. In spite of this. It also included his use of “judge” although he was found guilty of grave and serious misconduct. Sarenas 2C . the Office of the Public Prosecutor (particularly the Asst Prosecutor) and two Judges (who handled the case) committed serious procedural flaws resulting in the impairment of due process (prejudicial to both the offended party and the accused). Asst Fiscal Alfonso-Reyes conducted a reinvestigation. resolution of the CA ordering the Yabuts to comment on the complainants’ action. Morada. 24 DIMATULAC v VILLON Facts: In the prosecution of the Yabuts for the murder of Dimatulac. W/N Romanillos should be disbarred Held: Yes. he still continued to serve as counsel for Durano-Rodriguez. (he was a judge before. (The subsequent resolution of the DOJ Secretary exposed her blatant errors. o Alfonso-Reyes was aware of the private prosecution’s appeal to the DOJ from her resolution. Beron. Calinisan. and whose interest in a criminal prosecution is not that it shall win every case but that justice be done. pending appeal with the DOJ. Yet. The lack of opposition does not mean consent. Though a prosecutor may disagree with the findings of the judge who conducted the preliminary investigation (and conduct his own). he is guilty of violating his oath.LEGAL ETHICS 2nd Sem 2005-2006 Issue: When SJHAI’s petition over the land was denied. a disbarment case was filed for conflicting interests. The penalty imposed on him in the Zarate case forfeiture of all leave and retirement benefits and privileges: including the title judge. As long as the lawyer represents 2 or more opposing clients. Fernandez. an not to those who were dishonorably discharged from the service. o Office of the Prosecutor did not even inform the trial court of the pending appeal to the DOJ Secretary. It is inconsequential that SJHAI never questioned the propriety of respondent’s continued representation of Durano-Rodriguez. she filed the Information. Thus. Also. Mendiola. Romanillos acted as counsel for Lydia Durano-Rodriguez who substituted for DCI. incumbent and retired.
alleges that he signed the vouchers only after all the purchases had already been made. 1979 – a formal complaint was filed with the Tanodbayan Apr. Calinisan. The judge’s action must not impair the substantial rights of the accused. When the State is deprived of due process in a criminal case by reason of grave abuse of discretion on the part of the trial court. TRIESTE cannot be held liable under such Law TRIGEN did not gain any undue advantage in the transaction such that there is no complaint for non-delivery. TRIESTE should be acquitted ISSUE HELD RATIO NOTE *Section 3. 12. he awarded purchases of construction materials by the said municipality from the said corporation and signing the vouchers as evidence of said purchase The Sandiganbayan found TRIESTE guilty and sentenced him to suffer indeterminate penalty of imprisonment and perpetual disqualification TRIESTE. 1980 – report by PSC was submitted recommending the filing of charges for graft and corruption. (b) receiving a check from Roberto Vallar. Morada. 1979 – Tatad had a falling out with then Pres. nor the right of the State and offended party. or in which he is prohibited by the Constitution or by any law from having any interest 26 TATAD v SANDIGANBAYAN Facts: 1 Oct. the court finds this fact immaterial as there is no law requiring submission of reports regarding sales and disposal of stocks (what is required is only submission of annual financial reports) The Municipal Treasurer testified that there was never a public bidding hence if there is no bidding then there could be no awarding by TRIESTE Testimonial and documentary evidence both confirm that TRIESTE signed vouchers after payment and since what is contemplated in the Anti-Graft Law is the actual intervention in the transaction which one has financial or pecuniary interest in. a private corporation owned by his brother –in-law unwarranted benefits. 1. underdelivery or overpricing in the transactions Hence. Mendiola. in his defense. Beron. former Head Executive Assistant of the Department of Public Information (DPI). 25 TRIESTE v SANDIGANBAYAN FACTS TRIESTE was charged with 23 separate violations of the Anti Graft and Corrupt Practices Act* because while being the Municipal Mayor and member of the Committee on Award of the Municipality of Numancia in Aklan and having financial or pecuniary interest in TRIGEN Agro-Industrial Development Corporation. Dec. Rivas. filed a report to the Legal Panel of the Presidential Security Command (PSC) containing charges of violations of RA30191 (Anti-Graft and Corrupt Practices Acts) against Sec. and (c) failure to file his Statement of Assets and Liabilities. as consideration for the release of a check to the said corp.LEGAL ETHICS 2nd Sem 2005-2006 The judge “should always be imbued with a high sense of duty and responsibility in the discharge of his obligation to promptly and properly administer justice”. of DPI Francisco Tatad. the acquittal of the accused or dismissal of the case is void. Fernandez. Marcos and the charges became widely known. Manager of Amity Trading Corp. contract or transaction in connection with which he intervenes or takes part in his official capacity. for printing services rendered during the Constitutional Convention Referendum. delivered and paid for by the Municipal Treasurer hence he cannot be guilty under the provisions of the Anti Graft and Corrupt Practices Act W/N TRIESTE IS GUILTY UNDER THE ANTI GRAFT AND CORRUPT PRACTICES ACT NO TRIESTE already sold his shares to a certain MRS TUASON before he assumed office and despite the absence of it in the SEC records. (a) Giving D’Group. 1980 – Tanodbayan referred the complaint to the PSC for investigation and report. Sarenas 2C . 1974 – Antonio de los Reyes.. Gana Lopez. Gen. June 16. Corrupt Practices of Public Officers (h) Directly or indirectly having financial or pecuniary interest in any business. Anastacio.
Vice-President of the Asset management Group of PNB. He also claims that even if it was his law firm handling the Almeda case. Fernandez. 263. Therein. service. Ong and 2. specially his failure to file his Statement of Assets and Liabilities. in behalf of one client. Records disclose that page four of the said Certificate was surreptitiously substituted. Cedo claims that he did not participate in the litigation of Ms. after leaving the bank appeared as one of the counsel of Ms. as in this case. Morada. 25.LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 Oct. Substantial adherence to the requirements of the law and substantial compliance with the time limitation prescribed by law is part of procedural due process. utilized against his former client information given to him in a professional capacity. Ong. 28 DINSAY v CIOCO Facts: Planters Machinery Corporation (PLAMACO) mortgaged to Traders Royal Bank (the Bank) certain properties as security for the payment of its loan. Also.67 to only P730. Mendiola. Cioco was administratively proceeded against Anastacio. the case was being handled by Atty. Cedo. During Cedo’s stint with PNB.000. accept engagement or employment in connection with any matter which he had intervened with in said service. PLAMACO defaulted in the payment of the loan so the Bank extrajudicially foreclosed the mortgage. When a civil action arose because of #1.) sale of steel sheets to Ms. Gana Lopez. SC says yes they were violated by the long delay in the termination of the preliminary investigation by the Tanodbayan.02. after leaving gov’t. 182. The case was ready for disposition as early as 1982 but the informations were only filed in 1985. Rivas. Cioco. Beron. Res adjudicata applies only to judicial or quasi-judicial proceedings and not to the exercise of the Court’s administrative powers. At a foreclosure sale conducted by the sheriff. when #2 was involved in a civil action. 5 informations were filed against Tatad in 1985. Cedo for violation of Rule 6. Maynigo & Associates of which Cedo was a Senior Partner. the mere fact that their previous relationship should have precluded him from appearing as counsel for the other side. Held: Cedo violated Rule 6. He alleges that his rights to due process and speedy disposition of cases have been violated. of other matters that might only further prejudice the complainant cause. he became involved in 2 transactions: 1. then clerk of Court and Ex-officio Sheriff. who was the sole bidder.Cioco is sought to be disbarred. Whatever may be said as to w/n the atty. A delay of close to 3 years can not be deemed reasonable or justifiable in the light of the circumstance obtaining in the case at bar. A lawyer represents conflicting interests when. thus he may now longer be charged. Issue: W/N Cioco may be charged with disbarment (W/N res adjudicata appplies) Held: Cioco’s contention has no merit. 1982 – all affidavits and counter-affidavits were in and the case was ready for disposition. and the client. 27 PNB v ATTY CEDO Facts: PNB filed a complaint against Atty. Disbarment has not been adjudicated in the previous case. Tatad now questions the propriety of the filing of charges. It is unprofessional to represent conflicting interests.02 that states: A lawyer shall not. The charges in the complaint. Ferrer. Cedo was the former Asst. the property was sold to the bank. In the complexity of what is said in the course of dealings between the atty. He argues that there was res adjudicata due to the administrative case. Issue: W/N violated Rule 6.) intervened in the handling of a loan of spouses Almeda. Ferrer. A certificate of Sheriff’s sale was executed by Atty. and that disbarment was deemed adjudicated therein. Ong’s case. inquiry of the nature suggested would lead to the revelation. Calinisan. The new page lowered the bid price from the original amount of P3. the Almedas were represented by the law firm Cedo. W/n Tatad’s rights to due process and speedy disposition of cases have been violated. Cioco and the sheriff who conducted the sale had previously been administratively charged and dismissed from service. are not that complicated to require 3 years before formal complaints are filed. Sarenas 2C . it is his duty to contend for that which duty to another client requires him to oppose. except by express consent of all the parties concerned after the disclosure of facts. July 5. in advance of the trial. Atty.02. 1985 – Tanodbayan issued a resolution calling for the filing of charges against Tatad in the Sandiganbayan. Now.
Nonetheless. Soriano filed his letter of resignation/retirement under RA 1616 W/N Atty. 1977: Genbank was declared insolvent. 29 IGOY v SORIANO FACTS: ISSUE: HELD: Igoy is one of the petitioners in the case of Heirs of Gavino Igoy. Solicitor General Mendoza.LEGAL ETHICS 2nd Sem 2005-2006 as an erring Court personnel under the supervisory authority of the court. if that misconduct affects his qualification as a lawyer or shows moral delinquency. Redoblado who introduced him to Igoy but Mr. Atty. Taneo o if the SC finds that he is guilty. However.02 of the Code of Professional Responsibility Yes! Atty. Gana Lopez. Eng. Soriano which was received by his son. Soriano is not a CA Justice and filed this complaint against Igoy in the SC Arguments of Atty. Soriano was dismissed from the service with forfeiture of all retirement benefits and is suspended from the practice of law. Soriano’s offer to resign was obviously an attempt to evade whatever penalty may be imposed on him.000 Igoy send the amount by courier to the address of Atty. He knows it is patently illegal to alter its contents after notarization. intervened with the liquidation of Genbank. SC denied the petition for review of Igoy with finality Igoy later found out that Atty. Sarenas 2C . Morada.03 and other historical stuff sa case Facts: 1976: General Bank & Trust Company (Genbank) encountered financial difficulties. vs. Calinisan. Soriano offered to prepare the Petition for Review to be filed in the SC. resignation will not extricate him form the consequences of his acts Resignation should not be used either as an escape or an easy way out to evade administrative liability by court personnel facing administrative sanctions To accept the claim of Soriano that the money was offered gratuitously will open the floodgates to fraud or graft and corruption. Soriano to Igoy as a Justice of the CA. While Cioco is in effect being indicted twice for the same misconduct.000 but the former reminded the latter the he will only be able to help in the case as soon as the case was lifted to the SC Igoy’s case received an unfavorable decision in the CA and Atty. since it is already a public document. Atty. According to Igoy’s friend. 140++ pages (disclaimer) main decision – 28 pages lang ** merong history of Rule 6. Government lawyers should be more sensitive to their professional obligations as their reputable conduct is more likely to be magnified in the public eye. Government lawyers who are public servants owe utmost fidelity to the public service for public service is a public trust. Cioco is sought to be disciplined as a lawyer under the court’s plenary authority over members of the legal profession. Cioco is disbarred. et al. Beron. The general rule is that a lawyer who holds a government office may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a government official. he will retire from the service Atty. Soriano violated Canon 6. Cioco’s participation in changing the bid price in the Certificate of Sheriff’s Sale affects his fitness as a member of the bar. William Redoblado introduced Atty. Central Bank extended loans to Genbank in the hope of rehabilitating it (P310M). Rule 6. his family and cronies. The nature and responsibilities of public officers enshrined in the Constitution are not mere rhetorical words to be taken lightly as idealistic sentiments but as working standards and attainable goals that should e matched with actual deeds. Atty. Mendiola. Fernandez. Soriano asked for an additional P20. Cory established the PCGG to recover the ill-gotten wealth of Marcos. Mactan Shangrila Hotel. Soriano will be able to help him in his case which is pending in the CA Atty. representing the government. A public bidding of Genbank’s assets was held with the Lucio Tan Group winning the bid. Soriano: o It is unnatural for a person to give money to someone whom he does not know well and whom he met only for the first time o The money was offered gratuitously by Igoy o it is impossible the Igoy handed the money to him on the SC parking lot for many employees were passing in that place o it is not Eng. The exception is . Herein. Genbank failed to recover. 30 PCGG v SANDIGANBAYAN *kalokohan na kaso to. 1986: after EDSA I. there is no double jeopardy as both proceedings are administrative in nature. Soriano demanded from Igoy P20. Anastacio. Rivas.
Rivas. probity and good demeanor.03 should have a prescriptive period Tinga: Rule 6.03 cannot apply retroactively to Mendoza (when he was Solicitor General. He is Anastacio. Sarenas 2C . The matter (see 3rd note). or indicted for. Morada. Gana Lopez.63. According to the Sandiganbayan. The role of Mendoza in the liquidation of Genbank is considered insubstantial. And Mendoza’s appearance as counsel was beyond the 1 year prohibitory period since he retired in 1986. Sandiganbayan denied PCGG’s motion. It is well-settled in a long string of cases that concealment of an atty in his application to take the Bar of the fact that he had been charged with.66. Estelito Mendoza (Solicitor General during the time of Marcos) represented the respondents.64. W/N Rule 6. Apparently. Calinisan.67. Mendoza did not take an adverse position to that taken on behalf of the Central Bank. PCGG invoked Rule 6. PCGG issued several writs of sequestration on properties allegedly acquired by the respondents by taking advantage of their close relationship and influence with Marcos. PCGG already lost a lot of cases against Mendoza. Issue: Held: Concurring Opinions: Panganiban & Carpio: the congruent interest prong of Rule 6. because of his participation in the liquidation of Genbank. they are all questioning the unfairness of the rule if applied without any prescriptive period and if applied retroactively Notes: Adverse-interest conflicts – where the matter in which the former government lawyer represents a client in private practice is substantially related to a matter that the lawyer dealt with while employed with the government and the interests of the current and former are adverse Congruent-interest conflicts – the use of the word “conflict” is a misnomer. it does not involve conflicts at all. Sandiganbayan heard the case.an alleged crime is a ground for revocation of his license to practice law. it does not apply to Mendoza. (Guilty of Fraud upon the Court) Galang’s persistent denial of his involvement in any criminal case (which he later admitted) and his failure to clear his name for 13 years indicate his lack of the requisite attributes of honesty. 1991: PCGG filed a motion to disqualify Mendoza.03 should be substantial and important.03 yet) Bottom line.03 will make it harder for the government to get good lawyers in the future to work for them because of the prohibition of accepting cases in the future that were related to one’s work as a government counsel. Beron. Mendiola. And in 1966.03 of the Code of Professional Responsibility. Genbank (now Allied Bank) is one of the properties that PCGG is seeking to be sequestered from the Lucion Tan group.03 of the Code of Professional Responsibility. 2. BUT. or the act of Mendoza as Solicitor General is advising the Central Bank on how to proceed with the liquidation of Genbank. isolatable act as well as indentifiable transaction or conduct involving a particular situation and specific party Intervention – interference that may affect the interests of others 31 IN RE GALANG FACTS: Ramon Galang has a pending criminal case of slight physical injuries in the City Court of Manila He took the Bar Exams 7 times and was allowed to take the lawyer’s oath in 1972.69 and 71… he committed perjury when he declared under oath that he had no pending criminal case in court ISSUE: WoN Galang should be disbarred? HELD: YES! RATIO: 1. Fernandez.69 and 71.03 of the Code of Professional Responsibility apllies to Estelito Mendoza No. The matter involved in the liquidation of Genbank is entirely different from the matter involved in the PCGG case against the Lucio Tan group. no Rule 6. Kyle’s interpretation: PCGG getting desperate Something to think about: SC is somehow of the opinion that Rule 6. as it prohibits lawyers from representing a private person even if the interests of the former government client and the new client are entirely parallel Matter – any discrete. This is not the “matter” contemplated by Rule 6.67.LEGAL ETHICS 2nd Sem 2005-2006 1987: PCGG filed a case against Lucio Tan and certain other people (basta marami sila). Sandiganbayan decision is affirmed. he was allowed to do so only because he fraudulently concealed and withheld from the Court his pending criminal case in 1962. In relation to this case. SC is even questioning why PCGG took such a long time to revive the motion to disqualify Mendoza. The intervention contemplated in Rule 6.
petitioner applied for and was granted probation. Gana Lopez. where Raul Camaligan. 33 DIAO v MARTINEZ Facts: Telesfor Diao was admitted to the Bar in 1953. He was later discharged from probation and his case considered closed and terminated. and upon return to civilian life. due to confusion.. The court nonetheless is willing to give Cuevas a chance in the same manner that it recently allowed Al Caparros Argosino (case sa legprof). Misrepresentations of. He then would have not been permitted to take the Bar. Fernandez. In this petition. His discharge from probation without any infraction of the attendant conditions therefor and the various certification attesting to his righteous peaceful and civic-oriented character prove that he has taken decisive steps to purge himself of his deficiency in moral character. Issue: W/n Cuevas should be allowed to take the lawyer’s oath. The conviction stemmed from Cuevas' participation in the initiation rites of the LEX TALIONIS FRATERNITAS. The Solicitor General investigated and recommended that Diao’s name be erased from the roll of attorneys. died as a result of personal violence inflicted upon him. Lack of good moral character c. Issue: Held: Yes. Severino Martinez charged him for having falsely represented his application: that he had the requisite academic qualifications. recently passed the 1996 Bar Examinations. His oath taking was held in abeyance in view of the Court's resolution which permitted him to take the Bar Exams subject to the condition that should he pass the same he shall not be allowed to take the lawyer's oath pending approval of the court. is equivalent to a HS diploma. Morada. passed the General Qualification Test. a fraternity in the SAN BEDA College of Law. petitioner's coaccused below. Diao has not completed BEFORE taking up law. he entered the US Army. in his school records. Beron. as a graduate of Quisumbing Collge. or false pretenses relative to. Rule: “That PREVIOUS to the study of law. Sarenas 2C . the education authorities considered his army service as the equivalent of 3rd and 4th year HS.” The fact that he hurdled the bar is immaterial. Also. Held: YES. Rivas. Mendiola. His deliberate participation in the senseless beatings over a helpless neophyte shich resulted to the latter's untimely demise indicates absence of that moral fitness required for admission to the bar. he had successfully and satisfactorily completed the required pre-legal education as prescribed by the Department of Education.. The “error” or “confusion” was to his own making. Among other grounds for disbarment: a. W/N Diao should be removed from the roll. Two years after. Diao’s name is removed from the roll. the reqt on applicant’s educational attainment b. which according to him. the required pre-legal education prescribed by the Department of Private Education: o Diao did not complete his HS training. Had his application showed that he graduated from Arellano. Thereafter. to take the lawyer's oath.. Cuevas prays that he be allowed to take the lawyer's oath at the court's most convenient time. Passing the bar is not the only qualification to become an Anastacio. (he did not offer any explanation for such omission). and o Diao never attended Quisumbing College Diao claims that he left HS in his third year. it would have showed that he took up law 6 months before obtaining his Associate in Arts degree. Fraudulent passing of the Bar exams 32 IN RE CUEVAS Facts: Petitioner Arthur Cuevas Jr. 2nd Sem 2005-2006 therefore unworthy to be a lawyer. This resolution was due to his previous conviction for Reckless Imprudence resulting in Homicide. He says he was erroneously certified. he claims that he really got his college diploma from Arellano University in April 1949. a neophyte. Calinisan.LEGAL ETHICS 3.
Certificate of Marriage certified by State Registrar revealed that date of marriage was actually Oct 22. the fact remains that IRIS’ relationship with CARLOS was clothed with marriage and cannot be considered immoral Moreover. Gana Lopez. etc) but she did not do anything about it However. which shows that he lacks moral character to continue as officer of the court. The rape by a lawyer of his neighbor’s wife constitutes such serious moral depravity. Beron. she cut all ties with him In proceedings before the IBP Commission. LESLIE filed a motion to cite IRIS in contempt for making false allegations in her Answer to impress upon the IBP that her 1st child by CARLOS was within wedlock o IRIS indicated in Answer she got married to CARLOS in Oct 22. IRIS was imprudent in her personal affairs Circumstances existed which should have at least aroused her suspicion that something was amiss (i. 1987 W/N IRIS SHOULD BE DISBARRED NO o ISSUE HELD RATIO Immorality Requisites to admission to practice of law includes being a person of good moral character and possession of such must be continuous Loss of good moral character is a ground of revocation of the privilege of the practice of law In the case at bar. A lawyer may be disbarred or suspended for misconduct. 1985 o However. IRIS should not be disbarred False allegation Any normal bride would recall date and year of marriage Difficult to fathom how IRIS could “forget” the year of her marriage Anastacio. Acquittal in a criminal case is not determinative of an administrative case for disbarment. A complaint for disbarment was also filed by Calub before the SC. Fernandez. such conduct to warrant disciplinary action must be grossly immoral that is so corrupt and false to constitute a criminal act or moral indifference to the opinion of respectable members of the community IRIS’ act of immediately distancing herself belies the alleged moral indifference and proves she has no intention of flaunting the law Hence. LESLIE found out CARLOS was having illicit relations with Atty IRIS Bonifacio and begot a daughter o CARLOS admitted this relationship with LESLIE who confronted IRIS o IRIS told LESLIE everything was over between her and CARLOS However. A criminal complaint for rape was filed against Suller. LESLIE found out later the illicit relations continued and IRIS even had 2nd child with CARLOS o LESLIE filed a complaint for disbarment against IRIS on ground of immorality IRIS’ side of the story o Met CARLOS who represented himself as a bachelor with children by a Chinese woman with whom he had long been estranged o CARLOS and IRIS got married in Hawaii o Upon return to Manila. Rivas. they did not live together because CARLOS wanted his children with the Chinese woman to gradually know and accept his marriage with IRIS o When IRIS knew about the 1st marriage. 34 CALUB v SULLER Facts: Atty Suller raped the wife of his neighbor Cristino Calub. taking the prescribed courses of legal study in the regular manner is equally essential. Calinisan. Issue: Can Atty Suller be disbarred? Held: Yes. Mendiola. Sarenas 2C . whether in his professional or private capacity. children by another woman. not living together as husband and wife. Morada. The CFI acquitted Suller for failure of the prosecution to prove guilt beyond reasonable doubt.e. 35 UI v BONIFACIO FACTS LESLIE’S side of the story o LESLIE Ui married CARLOS and had 4 children with him o Subsquently.LEGAL ETHICS 2nd Sem 2005-2006 attorney-at-law.
) he committed gross immorality by continuously cohabiting with Angeles. The Solicitor General recommended that Oblena be permanently removed from the roll of attorney eventhough the acts of the Royong before and after the rape incident showed that she is more of a sweetheart than a victim because of the circumstances behind the incident The Solicitor General also charged Oblena of falsifying and deliberately alleging in his application in the bar in1958 that he is a person of good moral character while having an illicit and adulterous relationship with Angeles who is not only the aunt of Royong but also has a legal husband in the province Oblena moved to dismiss the case because the offenses charged are different from those originally charged in the complaint but the court overruled his petition After the hearing. he shall file the corresponding complaint accompanied by the evidence introduced in his investigation. she approached Aznar for reconsideration. Moral character is what the person really is and not what he other people thinks he is. the investigators concluded that A. It appears that Atty. Aznar raped her twice in the evening and thrice the next morning inside the Ambassador Hotel. They went to Manila. Sarenas 2C . Aznar told Delos Reyes that she should go with him to Manila or else she will flunk. One’s own approximation of himself is not a gauge of his moral character.LEGAL ETHICS 2nd Sem 2005-2006 Moreover. What the law provides is that if the Solicitor General finds sufficient grounds to proceed against the respondent. His pretension to wait for the 18th birthday of Royong before having carnal knowledge with her shows the scheming mind of Oblena and his taking advantage of his knowledge of the law. the niece it the common-law wife of Oblena. even after he became a lawyer and C. Moral character is not a subjective term but one which corresponds to objective reality. Fernandez. it appears that Aznar was the Chairman of the Board of Southwestern University. Oblena took advantage of Royong’s trust on him. she failed the subject.) Oblena falsified the truth as to his good moral character in his application to take the bar. Also. the enumeration is not exclusive and the power of the court to exclude unworthy members of the bar is inherent and is a necessary incident to the proper administration of justice and can be exercised even without any statutory authority. In her complaint.) Oblena used his knowledge in law to commit immoral acts without incurring any criminal liability. B. After dining in a restaurant. Calinisan. Anastacio. 37 DE LOS REYES v AZNAR Facts: Delos Reyes filed a complaint against Atty. Issue: W/N Aznar is guilty of gross misconduct. The loss requires suspension or disbarment eventhough the statues do not explicitly specify that as a ground of disbarment. his common-law wife. Oblena’s argument that he believed himself to be a person with good moral character when he filed his application to take the bar examination is wrong. Rule 127 of the Rules of Court. Aznar for gross immorality. Morada. Beron. Mendiola. Royong gave birth to a child Oblena denied all the allegations and argued that he and Royong had a relationship and Royong consented to have intercourse with him. Aznar denies all the allegations and says that when he went to Manila. As such. in all cases unless properly prohibited by statutes. From the evidence. he slept at the house of his friends. Royong is the niece of his common-law wife and he enjoyed moral ascendancy over her. a married woman. seduction or adultery and he is not guilty of any of the grounds for disbarment enumerated in Sec 25. Aznar raped Delos Reyes. Gana Lopez. ISSUE: HELD: W/N the illicit relationship with Royong and the open cohabitation with Angeles. Oblena’s contention that the Solicitor General exceeded his authority in filing the present complain which is entirely different from the original complaint filed is untenable. Rivas. Aznar assured her that she would pass. There is nothing in the law requiring the Solicitor General to charge in his complaint the same offence charged in the original complaint. filed a rape case against the latter. any prudent lawyer would verify the information contained in an attachment to her pleading especially in this case since IRIS had personal knowledge of facts stated therein Hence. Royong alleged that in 1958 Oblena forced her to have intercourse with her and that she refrained to report the incident because Oblena threatened to kill her family. As a result if the sexual intercourse. Delos Reyes failed her Pathology subject. IRIS should be reprimanded for attaching marriage certificate with an altered date 36 ROYONG v OBLENA FACTS: Royong. are sufficient grounds to cause Oblena’s disbarment YES! Although Oblena is not yet convicted of the crime of rape. American jurisprudence provides that the continued possession of a good moral character is a requisite condition for the rightful continuance in the practice of law. Despite her plea.
LEGAL ETHICS 2nd Sem 2005-2006 Held: Aznar is guilty of gross misconduct. These indicate that there was o need for Villanueva to stage a fake wedding to induce Soberano to cohabit with him. 39 RAO SHENG v VELASCO FACTS: Rau Sheng Mao is a Taiwanese national who engaged the services of Atty. Villanueva abandoned them. Sarenas 2C . Velasco is guilty of all the allegations made by Rau Sheng HELD: YES! Atty. SC held that in light of the circumstances in this case. Soberano sent a letter to the court asking that no action be taken on her petition until her mother has arrived and decided whether it should push though. she bore him two children. One is no less than the Executive Judge of the CFI of Negros Occidental. prayed that her motion to withdraw the petition be denied. and that she was finally withdrawing her complaint the last letter written by Soberano to the court however. Velasco still refused to deliver the titles Rau Sheng filed an administrative case against Atty. Velasco wherein the latter was asking money from the former to be given to judges hearing his cases An additional charge for immorality because of his illicit relationship with Lucy Matienzo who is not his legal wife was filed by Rau Sheng wherein he presented the baptismal certificate of Jenny Velasco which listed Atty. then Judge of CFI and Court of Agrarian Relations. It is the duty of the lawyer. The last one is Hon. As a consequence of this. but Atty. The other is the Dean Montemayor of the Ateneo College of Law.000 shares in Haru Gen for P1. Also. to satisfy the court that he is fit and proper to enjoy continued membership in the bar. Velasco. Guillermo Santos. Good moral character is a continuing qualification necessary to entitle on to continue in the practice of law 38 SOBERANO v VILLANUEVA Facts: Soberano filed a petition for disbarment alleging that after Atty. Angeles Velasco as his legal consultant and counsel of his company Foreign Investors Consultancy and Management. nor so unprincipled as to warrant a disbarment of disciplinary action. Velasco as its father together with the affidavits of several people confirming Velasco’s illicit relationship with Lucy as evidence Atty. Gana Lopez. Velasco denied all the allegations of Rau Sheng with these arguments: o He could not deceive Rau Sheng for the Taiwanese was always represented in all their transactions by Atty.000 but the former refused to deliver the certificates to the Taiwanese despite complete payment made by the Taiwanese Also. Purog o He refused to deliver the certificate of stocks and the land titles because of the Rau Sheng’s incomplete payment of the purchase price o As to the immorality claim. Some of the letters showed that Soberano reminded him of his promise to marry her after he passed the bar As to whether the extra-marital relations between Soberano and Villanueva warrants disciplinary action. Velasco was bought by Rau Sheng for P3. Velasco as its director and stockholder. Mendiola. Fernandez. distinguished members of the bar had attested to Villanueva’s good moral character. whenever his moral character is put into question. since Villanueva had procured the motion by means of threat and intimidation. Soberano sent another letter saying that her mother has arrived and that the case must case. and subsequently. Inc (FICMI).000. Issue: W/N Villanueva should be disbarred Held: NO The letters of Soberano to Villanueva clearly indicated that intimate relations had existed between them prior to the date when the alleged fake wedding occurred. entered into a management agreement with FICMI Atty Velasco sold to Rau Sheng his 10.’s finding that Aznar committed gross misconduct. Haru Gen Beach Resort and Hotel Corporation . 3 lands of Atty. former Chairman of Agricultural Tenancy Commission. Gen. Beron. Soberano again wrote a letter saying that the filing of the petition was not sincerely her own wish. Velasco presented affidavits of his wife and Lucy Matienzo ISSUE: W/N Atty. Velasco was found guilty of the having illicit relationship with Matieza and giving Rau Sheng the Anastacio.3M with a remaining balance of P300. he did not present any evidence to show where he was on that date. Villanueva had induced her to take part in a fake wedding. The court agrees with the Sol. the latter cohabited with her and later lived with her as husband and wife.000. Atty. where Villanueva is practices his profession. Calinisan. Morada. Soon thereafter.represented by Atty. He cannot dispense with the high exacting moral standards of the profession. Rau Sheng presented as evidence letters made by Atty. these acts are neither so corrupt as to constitute a criminal act. While Aznar denied having taken Delos Reyes to the Ambassador Hotel and had sexual intercourse with her. Rivas.
Fernandez. De Silva De Silva tendered a check to Grande as settlement of the civil aspect of the case. Gana Lopez. Velasco in all their transactions for he was always represented by Atty. Deciembre. Notwithstanding payment. Deciembre is suspended from the practice of law indefinitely. What is more. Lourdes paid Deciembre the amount of the loan plus interest and surcharges. Lourdes then issued 5 PNB blank checks to respondent to serve as collateral. No profession offers greater opportunity for public service than that of a lawyer. Deciembre then filed BP22 & estafa cases against the Olbes spouses. A lawyer is duty bound to avoid improprieties which gave the appearance of influencing the courts and place the integrity of the administration of justice in peril. with the help of Deciembre. Franklin was even detained for 3 months because of the cases. Velasco violated one of the basic tenets of legal ethics by giving Rau Sheng the impression that he was in the position to influence the courts. Lawyers are burdened with the highest degree of social responsibility and thus must handle their personal affairs with the greatest caution. The nature of the office of an atty requires that a lawyer shall be a person of good moral character. Good moral character includes at least common honesty. Subsequently. Reklamo siyempre sila Olbes. There are discrepancies between his oral and written testimonies. ISSUE: WoN de Silva should be suspended? HELD: YES RATIO: 1. Rule 1. W/N Deciembre should face disciplinary sanctions Siyempre! He is in violation of Rule 7.03 He committed falsification when he filled up the blank checks even if this was not agreed upon and despite knowledge that the loan had already been paid. the client of Atty. Calinisan. He even filed BP22 cases against the couple. Velasco claimed that he has connections with judges and they were claiming money from Rau Sheng. Beron. This shows the vileness and wretchedness of his soul. Velasco violated Canon 1. Investigating officer: Deciembre’s version of the facts is highly doubtful. Deciembre is found to be lacking good moral character. Gross misconduct which puts the lawyer’s moral character in serious doubt may render her unfit to continue in the practice of law. The loss of moral character of a lawyer for any reason whatsoever shall warrant her suspension or disbarment. For the privilege conferred upon him. Lourdes. Their exalted positions as officers of the court demand no less than the highest degree of morality. 40 OLBES v DECIEMBRE Facts: Issue: Held: Spouses Olbes (Franklin & Lourdes) were employees of the Central Post Office in Manila. The check was returned with the notation that the ACCT CLOSED Grande filed a suit against De Silva for violation of BP 22 and Estafa (sha naman ang nakasuhan tuloy hehe) De Silva refused to comment on notices of complaints sent to her. Velasco is guilty of having an adulterous relationship with Matienza with whom he has 3 children all bearing his surname as seen in all the school records of the children. Siyempre tumalbog yun mga cheke. Deciembre filled up the blank checks in the amount of P50k each. Morada. Sarenas 2C .101 by engaging in unlawful and immoral acts. The penalty recommended by the IBP of suspension for 2 years is too mild. 41 GRANDE v DA SILVA FACTS: Emilio Grande is the private offended party (of estafa and BP 22) against a certain Sergio Natividad. a lawyer was tasked with the equally greater responsibility of upholding the ideals and ethics established. They are even saying that some of their officemates suffered the same fate under Deciembre. acquired a loan from Rodela Loans in the amount of P10K. Purog in all the dealings But Atty. A lawyer may be disciplined for evading payment of a debt validly incurred. IBP recommended that de Silva be suspended for two years. They filed this case for disbarment against Atty. Anastacio. Rivas. Mendiola.LEGAL ETHICS 2nd Sem 2005-2006 impression that he was in the position to influence the court and he was ordered suspended from the practice of law for 2 years The court found it unlikely that Rau Sheng was deceived by Atty.
Xu. The truth is respondent married Lisa while he has a subsisting marriage with Elizabeth Herosisima. Complainant filed with CFI a petition for declaration of nullity of the marriage between respondent Palma and Lisa.. Gana Lopez. Beron. IBP recommended that Chiong be suspended for 2 years. and Prosecutor Salanga. He frequented theis house and even tutored Cojuangco's 22-year old daughter Maria Luis Cojuangco. Respondent's culpability is aggravated by the fact that Lisa was just 22 years old and was under psychological treatment for emotional immaturity. Jr for Chia Hsien Pan. Issue: W/n Palma should be disbarred. Atty. justifies disciplinary action. Thereafter. Calinisan. He did not establish it. To this date. Held: Yes. Reyes was allegedly impleaded because he allegedly connived with Xu in filing the estafa case which was baseless. Complainant was shocked. The subsequent judgment of annullment of marriage has no bearing to the instant disbarment proceeding. Her deliberate refusal to accept the notices served on her stains the nobility of the profession. Professional competency alone does not make a lawyer worthy member of the Bar. Atty. A disbarment case is sui generis for it is an investigation by the court into the conduct of its officers. W/N Chiong should be suspended. Anastacio. Palma's relationship with the Cojuangcos became intimate. Also. It was only the next day that Palma informed complainant of such fact. Atty. Palma married Lisa in Hongkong. Canon 1 says that a lawyer shall uphold the consti. He alleged that Salanga was impleaded as an additional defendant because of the irregularities the latter had committed in conducting the criminal investigation he still filed the complaint against Pan in spite of Pan’s motions. the first division of SC issued a resolution setting aside the CFI Decision declaring the marriage null and void and remanding the case to the CFI for proper proceeding. a Chinese-Taiwanese went into a business venture with Pan. Fernandez. Prosecutor Salanga then issued a subpoena against Pan. Held: YES. Good moral character is always an indispensabel requirement. Atty Reyes. Wihtout the knowledge of complainant Cojuangco's family. For a lawyer’s professional and personal conduct must at all times be kept beyond reproach and above suspicion. 43 REYES v CHIONG JR.. Facts: Issue: Atty. whether it be professional or non-pro.LEGAL ETHICS 2. but he also filed a civil complaint for the collection of a sum of money and damages as well as for the dissolution of a business venture against Xu. knowing fully well that Palma is a married man and has 3 children. Xu then filed a case of estafa against Pan. Morada. Pan was supposed to set up a Cebu-based fishball. Cojuangco fileed with the SC the instant complaint for disbarment. Victoriano Chiong. obey the laws of the land and promote respect for the legal processes. Therefore he exhibited a deplorable lack of that degree of morality required of him as a member of the bar. and so Xu asked that his money be returned. 42 COJUANGCO v PALMA Facts: Complainant Cojuangco wa a client of Angara Concepcion Regala and Cruz Law Offices and Palma was the lawyer assigned to handle his cases. How else would a lawyer endeavor to serve justice and uphold the law when she disdains to follow even simple directives. tempura and seafood products factory. the records fail to disclose the outcome of this case. 2nd Sem 2005-2006 Any wrongdoing which indicates moral unfitness for the profession. There is no distinction as to whether the transgression is committed in the lawyer's professional capacity or in his private life. Sarenas 2C . Mendiola. CFI delared that marriage null and void. Meanwhile. Rivas. Ramon Reyes counsel for Zonggi Xu. Chiong then filed a motion to quash.
As a lawyer. Any undue ill feeling between clients should not influence counsels in their conduct and demeanor toward each other. Salvani was talking to the woman. Atty Salvani attended to her. Mendiola. talked to Pefianco. fairness and candor toward their fellow lawyers. District Public Attorney Alcantara. dignity and civility. Morada. Pefianco says that he was just moved by the sight of a crying woman whose husband had been murdered. It was Pefianco’s meddling in a matter in which he had no right to do so that caused the untoward incident (shouting at Salvani and the woman). Rivas. Calinisan. Pefianco violated Canon 8 of the Code which requires lawyers to conduct themselves with courtesy. One day the private offended party went to the Public Attorney’s Office to have her civil claims (in the criminal case) settled. He also averred that it was Alcantara who punched him and called him stupid. and shall avoid harassing tactics against opposing counsel. Gana Lopez. Atty Pefianco shouted at them and questioned the actions of the woman (pertaining to the settlement). But Pefianco called Alcantara an idiot and a stupid (loud enough for other people to hear). Lawyers should treat their opposing counsels and other lawyers with courtesy. 44 ALCANTARA v PEFIANCO Facts: Atty Pefianco is counsel in a criminal case. Issue: Did Pefianco violate the Code of Professional Responsibility? Held: Yes. Thus the filing of the cases had no justification. If Chiong believed that the two had conspired to act illegally. A complaint was filed against Pefianco for conduct unbecoming of a lawyer and for using improper and offensive language. Fernandez. While Atty. he could have instituted disbarment proceedings. Atty Pefianco was fined and reprimanded. Chiong should have advised his client of the availability of these remedies. Atty Pefianco was asked to calm down but he did not refrain from his outburst. 45 CAMACHO v PANGULAYAN FACTS 9 students of AMA were expelled for having apparently caused to be published objectionable features or articles in the school paper Denial of the appeal to AMA President Aguiluz gave rise to Civil Case 97-30549 CAMACHO was the hired counsel of the expelled students in an action for the Issuance of a Writ of Preliminary Mandatory Injuction in the said civil case While the civil case was still pending. A commotion in the office ensued (Pefianco even tried to attack Alcantara). Beron. his public behavior can only bring down the legal profession in the eyes of the public and erode respect for it. letters of apology and Re-admission Agreements were separately executed by the expelled students without the knowledge of CAMACHO CAMACHO filed a complaint against lawyers comprising the PANGULAYAN AND ASSOCIATES Law Firm (lawyers of AMA) because without his knowledge they procured and effected on separate occasions compromise agreements (letters of apology and Re-admission Agreements) with 4 of his clients which in effect required them to waive all kinds of claims they may have with AMA CAMACHO averred that such an act was unbecoming of any member of the legal profession warranting either disbarment or suspension PANGULAYAN in his defense claimed that the agreements were executed for the sole purpose of effecting the settlement of an administrative case ISSUE HELD RATIO W/N PANGULAYAN AND ASSOCIATES SHOULD BE SUSPENDED/DISBARRED YES It would appear that when individual letters of apology and Re-admission Agreements were formalized. CAMACHO was already the retained counsel of the expelled AMA students PANGULAYAN and associates having full knowledge of this fact still proceeded to negotiate with the expelled AMA students and their parents without at least communicating the matter to their lawyer CAMACHO Anastacio. as head of the agency. Though he thought that this is righteous. fairness and candor towards his professional colleagues.LEGAL ETHICS 2nd Sem 2005-2006 Canon 8 of the Code of Professional Responsibility provides that a lawyer shall conduct himself with courtesy. Sarenas 2C .
however false or malicious they may be. Cristal-Tenorio. Atty. Fernandez. There were 3 causes of action First. the SC gave Javier the benefit of the doubt that he issued these statements only in the defense of his client. inconsistent with the character of an attorney as a quasi-judicial officer. much less should he undertake to negotiate or compromise the matter with him but should only deal with his counsel. cooperated in the illegal practice of law by her husband Felicisimo. The court agrees with the finding of the Commissioner on Bar Discipline. whether by design or oversight. petitions and motions. charged the latter with grossly immoral conduct. PANGULAYAN should be suspended for 3 months DOCTRINE A lawyers should not in any way communicate upon the subject of controversy with a party represented by counsel. IBP found Javier guilty and reprimanded him. she had no partners in her law office. Morada. She also alleges that the Atty. in violation of Rule 9. As to the second (for which the SC found Javier guilty). Torres finds fault in Javier’s statement that implies that it is normal for notaries public to let their relatives sign the documents for them. Javier has disobeyed such mandate and is thus suspended from the practice of law for 1 month. caused the dissemination to the public of a libelous affidavit against a Makati Councilor. The SC pointed out that Canon 8 of the Code of Professional Responsibility instructs that respondent’s arguments in his pleadings should be gracious to both the court and opposing counsel and be of such words as may be properly addressed by one gentleman to another. Third. denies all the allegations. This was with regard to Javier’s “Reply to Respondents Answer/Comment” in the “attorney’s fees case” where Javier made a comment on the intellectual capacity of Torres. 46 TORRES v JAVIER Facts: Issue: Held: This is an administrative case filed by Atty. got a fake marriage license. Calinisan. gross misconduct in office as an attorney and/or violation of the lawyer’s oath. SC says only as regards the second cause of action. hence. including all kinds of pleadings. the allegations stem from statements/remarks made by Javier in the pleadings he filed in a petition for audit of all funds of the University of the East Faculty Association (UEFA) (Torres is the President). Issue: W/N the lawyer is guilty of cooperating in the illegal practice of law. Cambaliza alleged that Atty. These statements give a possible scenario as to the reason for the burglary in the UEFA office. Torres alleges that Javier used language that was clearly abusive. utterances made in the course of judicial proceedings. Javier implied that Torres had a motive to burglarize the office of UEFA to get certain documents. The court made mention that it is well entrenched in Philippine jurisprudence that for reasons of public policy. The issue in the said case was whether the 10% attorney’s fees “checked off” from the initial backwages/salaries of UEFA members is legal (I don’t really understand this pero yan lang yun nakalagay). offensive. Beron. At the helm of her complaint was the allegation that the Atty. W/n Javier should be held liable for his acts. Second.LEGAL ETHICS 2nd Sem 2005-2006 This failure of PANGULAYAN and associates. Atty. has been falsely representing herself to be married to Felicisimo Tenorio. the SC held that such statements made by Javier were necessary in order to resolve the petition for audit filed.). are absolutely privileged so long as they are pertinent and relevant to the subject inquiry. a former employee of Atty. As to the third cause of action. and improper. Sarenas 2C . For the first cause of action. is an excusable violation of the canons of profession ethics and in utter disregard of a duty owing to a colleague The excuse that agreements were executed for settling the administrative case was belied by the Manifestation which states “9 signatories agreed among others to terminate ALL civil. Rivas. evidence: (1) letterhead of Cristal- Anastacio. She says that her firm is a sole-proprietorship.01 based on the ff. who is not a member of the bar. criminal and administrative proceedings they may have against AMA arising from their previous dismissal” Hence. Gana Lopez. Torres says that this statement is demeaning to the legal profession and the notarial service. Held: The lawyer is guilty. the Court ruled that the statements made regarding Torres’ intellectual aptitude were not relevant to the “attorney’s fees case”. when in fact Felicisimo was already married to another woman (Atty. It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel and he should not undertake to advise him as to law. cooperated in illegal practice. According to the Commissioner. Mendiola. 47 CAMBALIZA v CRISTOBAL-TENORIO Facts: Cambaliza. Ireneo Torres against Atty. Jose Javier for malpractice.
except with another lawyer. not a business. to the Office of Civil Relations at Camp Crame. Gana Lopez. 49 PEOPLE v DE LUNA FACTS: De Luna. Rivas. No division of fees for legal services is proper. with Felicisimo as senior partner. know that they did not pass the bas examination. x x x.” In the same contract. (2) Sagip Radio Comm. Felicisimo Tenorio” (3) an ordered by the MTCC where Felicisimo entered his appearance as counsel. David drafted a contract signed by him and Tan Tek Beng stating among others that “On all commissions and attorney’s fees that we shall receive from our clients. But notwithstanding their disqualification to be admitted to the bar. The commercialization of law practice is condemned in certain canons of professional ethics adopted by the American Bar Association: “34. Fernandez. based upon a division of service or responsibility. Group card of “Atty. The professional services of a lawyer should not be controlled or exploited by any law agency. and to the Supreme Court. which intervenes between client and lawyer…” David should have known better than to enter and act upon such void and unethical agreement. David also agreed not to deal directly with their clients. held out to the public as such as attorney-at-law The case is remanded to the court of origin 50 PHILIPPINE LAWYERS v AGRAVA Anastacio. Also. and acting as such without authority. respondents. The agreement is void because it was tantamount to malpractice which is “the practice of soliciting cases at law for the purpose of gain. section 3. we shall divide fifty-fifty. 48 TAN TEK BENG v DAVID Facts: Tan Tek Beng is a non-lawyer while David is a lawyer. Although they sought admission under the Bar Flunkers Act. He is reprimanded for being guilty of malpractice.LEGAL ETHICS 2nd Sem 2005-2006 Tenorio Law office. the client. Calinisan.” “35. He did not file any action to enforce the agreement. Tan Tek Beng accused David of not complying with the agreement and denounced the latter to then Presidential Assistant Ronaldo Zamora. Mendiola. by taking the oath of office as attorney-at-law and notifying the SC of what they had done and their intent to practice law in all courts of the Philippines. Issue: W/N the agreement was valid. The lawyer’s duty to prevent or not assist in the unauthorized practice of law is founded on public interest and policy. Morada. Respondents clearly defied and challenged the orders of the SC by willfully taking the lawyer’s oath before the notary public despite the resolution of the SC denying their petition to be admitted to the bar. for all intent and purposes. The ruling of the lower court is wrong for “assuming to be an attorney. Sarenas 2C . Held: NO. personal or corporate. they took their oaths as lawyers before a notary public and formally advised the SC of such oath taking and that they will engage in the practice of law in all courts of the Philippines RTC: not guilty of contempt of court unless the respondents actually engaged in the practice of law or held out to the public that they are lawyers by means of circulars ISSUE: HELD: W/N the act of the respondents of taking their oath before a notary public constitutes contempt of court YES! The oath as lawyer is a prerequisite to the practice of law and may be taken only before the SC by those authorized by the latter to engage in such practice. The purpose is to protect the public. The business relationship between David and Tan Tek Beng did not last since there were mutual accusations of doublecross. and the court from the incompetence and dishonesty of those unlicensed to practice. Beron. the respondents had. Tan Tak Beng died.01.” This meaning is in consonance with the principle that the practice of law is a profession. ET al. This case was submitted for decision. Any lawyer who allows a non-member of the Bar to misrepresent himself as a lawyer is guilty of violating rule 9.. the bar. they were notified of the decision of the SC denying their petitions. either personally or through paid agents or brokers. While the case was being investigated by the Solicitor General.” is only one of the grounds under Rule 64.
which requires the application of law. Gavino ordered the anchor dropped. Francisco Llamas Santos bases his claims on the grounds that 1) Llamas has been dismissed as Pasay City Judge and 2) his conviction for estafa Llamas contends that 1) his dismissal was reversed and set aside 2) that his principal occupation was a farm. Agrava is in excess of his jurisdiction when he requires an additional examination for lawyers.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Issue: Held: Agrava is the Director of the Philippines Patent Office (PPO). Rule 1. RATIO: 1) a lawyer by indicating ÏBP. Morada. Agrava is in excess of his jurisdiction in issuing the additional qualification Agrava: prosecution of patent cases does not involve entirely or purely the practice of law but includes the application of scientific and technical knowledge. training and experience. practice or procedure and calls for legal knowledge. The Phil. The practice of law embraces any activity. Canon 7. it is still within the ambit “practice of law”. immoral or deceitful conduct b. Take note – Agrava has been issuing examinations before but it was only now that this power has been contended W/N appearance before the PPO constitutes or is included in the practice of law Yes. As to Agrava’s contention that he has the authority just like his US counterpart. Although it is admitted that there is some technicality involved in the work for PPO. Victor Kavankov. 51 SANTOS v LLAMAS FACTS: Soliman Santos. the Court held a penalty of 1 year suspension or until he paid his dues. legal principle. Rule 10. but everything still goes back to the Patent law as well as other laws.HOWEVER. That like his US counterpart. as appropriate. Patent law and the US Patent law are different as to the sections involving the powers of the director. PLA: one who passes the bar is licensed to practice law and is qualified to practice before the PPO. Senen Gavino was assigned by the Manila Pilot's Association (MPA) to conduct docking manuevers for the safe berthing of the vessel. in view of Llamas’advanced age. thereby misrepresenting to the public and the courts that he had paid his IBP due. and support the activities of the IBP c.01. since he was a senior citizen. dishonet. Beron. which he had declared in his Income Tax Return. he was exempt in paying (in pursuant to Sec 4. Canon 10 – A lawyer owes candor. And moreover. Calinisan.A lawyer shall not do any falsehood. is guilty of violating… a. Rivas. Agrava issued a circular announcing that there will be an examination to determine who are qualified to practice as patent attorneys before the PPO. nor shall he mislead or allow the court to be misled by an artifice 2) a lawyer’s failure to pay his IBP dues and his misrepresentation in the pleadings that he filed in court indeed merit the most severe penalty --. Fernandez. Gana Lopez. fairness and good faith to the Court d. 52 FAR EASTERN SHIPPING v CA Facts: M/V Pavlodar owned and operated by the Far Eastern Shipping Company (FESC) arrived at the port of Manila.A lawyer shall at all timed uphold the integrity and dignity of the legal profession. Lawyer’s Assoc. RA 7432). beside him. he can require additional requirements to practice before the PPO. The SC has the exclusive and constitutional power with respect to admission to the practice of law in the Philippines.and that Llamas believed in good faith that he is only allowed a limited practice ISSUE: WoN Llamas can be held administratively liable? HELD: YES.Rizal xxxx in his pleadings.01 A lawyer shall not engage in unlawful. When the vessel was already about 2000 feet from the pier. Mendiola. Phil. Gavino stationed himself in the bridge. Sarenas 2C . a member of the Bar filed a complaint for misrepresentation and non-payment of bar membership dues against Atty. Nowhere in the Philippine law is it provided for that the director has the power to require additional examinations for attorneys. in or out of court. nor consent to the doing of any court. with the master of the vessel. (PLA) filed this case for prohibition and injunction against Agrava. Kavankov relayed the Anastacio. his express willingness to pay his dues and plea for a more temperate application of the law. this contention is wrong.
using as basis the Judiciary Reorganization Act: Not exceeding 6 years. The bow of the vessel rammed into the apron of the pier causing considerable damage to the pier. When Gavino inquired about the commotion. Reviewing the records. Gavino. It wa therefore encumbent upon FESC to inform the court of the pending action. In Gr no 130150 it took 180 days before comment was filed. He cited a case. commenced with the filing of a verified motion for extension of time which contained a certification against forum shopping signed by counsel Tria stating that to the best of his knowledge there is no action or proceeding pending in the SC. specifically its asscociate Tria is reprimaded and warned that a repetition of the same acts shall be dealt with severely. Gavino and MPA. This disinclination of the OSG to seasonably file required pleadings constitutes deplorable disservice to the public and can only be categorized as inefficiency on the part of the govt law office. not with RTC but with MTC. MPA and FESC are declared solidarily liable with MPA entitled to reimbursement from Gavino for such amount of the adjudged pecuniary liability in excess of the amount equivalent to 75% of its prescribed reserved fund. Counsel for FESC. 53 COMELEC v NOYNAY Facts: Judge Tomas Noynay ordered the records of a certain election case to be withdrawn and directed to the Comelec. Comelec’s lawyer was Atty. the law firm of Del Rosario and Del Rosario. Beron. CA or any other tribunal. it took 210 days before the OSG filed its comment. It would be fair to conclude that when FESC filed its petition GR no 130068. is the the counsel of record for FESC in both GR no 130068 and GR no 130150. However the anchor did not hold as expected. the court finds that the petition filed by MPA in GR no. Issue: Are the counsels for the parties committed acts which require the exercise of the court's disciplinary powers? Held: YES. On the other hand it took the OSG. A commotion ensued between the crew members. thus unduly delaying the resolution of these cases. In GR no 130068. Morada. it being unnecessary to file such certification of non forum shopping with a mere motion for extension. The records show that the law firm of Del Rosario and Del Rosario thru its associate. But the Omnibus Election Code states that the regional trial court shall have the “exclusive jurisdiction to try and decide any criminal action or proceedings for violation of this code XXX” A closer reading of the Judiciary Reorganization Act (in its first sentence says): “Except in cases falling within the original jurisdiction of the Regional Trial Court XXX” The Omnibus Election Code is an older law v the Judiciary Election Act Judge Noynay “did not read at all the opening sentence of the Judiciary Election Act” when he dismissed the cases. 130150 then pending with the third division was duly filed with a copy thereof furnished by registered mail to counsel for FESC (atty Tria). Sarenas 2C . Rivas. a public school principal and other public school teachers for having violated the Omnibus Election Code: for having engaged in partisan political activities. he quoted the memorandum of te Court Administrator (not the SC) and made it appear that these were the words of the SC. Mendiola. Calinisan. it would aready have received a copy of the copy of the petition by MPA. Baka lang itanong kung ano ruling: The decision of the CA is affirmed. In his Motion for Reconsideration (see p 263). but it was really in volume 254. Atty Tria. But considering that it was a superfluity at that stage of the proceeding . representing PPA. GR 130068 which is assigned to the Court's second division. PPA filed a complaint for a sum of money against FESC. Kavankov assured Gavino that there was nothing to it. The speed of the vessel did not slacken. FESC was not even furnished with a copy. but erroneously: o What he used: “Alberto Naldeza”/Alberto o Alberto Naldoza He said the case was in volume 245 of the SCRA. Fernandez.LEGAL ETHICS 2nd Sem 2005-2006 orders to the crew of the vessel. Jose Balbuena from the Comelec legal department. the maximum imposable penalty in each of the cases does not exceed 6 years. (This case is irrelevant to the main case) Apparently. CA ruled in favor of PPA holding them liable with MPA (employer of Kavankov) entitled to reimbursement from Gavino. an ordinately and unreasonably long period of time to file its comment. The judge dismissed the cases. Anastacio. The case was against Diosdada Amor. Comelec wanted to prosecute Amor et al. the court disregarded such error. The original members of the legal tean of the OSG are admonished and warned tha a repetition shall also be dealt with more stringently. Gana Lopez.
he was in fact given the opportunity to present his evidence during the course of the proceedings. By altering the material dates to make it appear that the notice of appeal was timely filed. 55 YOUNG v BATUEGAS FACTS YOUNG is the private prosecutor in People of the Phil v Arana BATUEGAS. ET AL ARE GUILTY OF FALSEHOOD AND SHOULD BE SUSPENDED ISSUE Anastacio. Morada. Corral committed an act of dishonesty. is not entitled to such as only the State and City prosecutors should be given notices Investigating Commissioner recommended suspension of 6 months IBP Commission on Bar Discipline in a resolution approved said recommendation W/N BATUEGAS. The judge should be reminded of his duty to be studious of the principles of law. 2000 and not 13 o As to lack of notice. Rule 10. Beron. 2000. and to maintain professional competence. Issue: Can Atty Corral be suspended? Held: Yes. According to the records. Balbuena should also be admonished. 2000. Para hindi siya ma-disqualify ng 15-day appeal period. Gana Lopez. to be faithful to the law. Contrary to Corral’s claim that he was not afforded due process. The next day. YOUNG being a private prosecutor. His secretary received the decision on Feb 23. 2000 (not 13) BATUEGAS. 1990. they filed a Manifestation with Motion for Bail o They immediately fetched accused from Cavite and brought him to NBI to voluntarily surrender o However. But he did not appear on the scheduled hearings. as such. The Court finds that Atty Corral violated his oath by engaging in unlawful. 54 RIVERA v CORRAL Facts: A decision in a case for ejectment was sent to Atty Corral. YOUNG discovered that the accused surrendered on Dec 14. Calinisan. Later on. upon learning that a warrant of arrest was issued against their client. or deceitful conduct.02 mandates that a lawyer shall not knowingly misquote or misrepresent the text of a decision or authority. BATUEGAS filed a Manifestation with Motion for Bail alleging that the accused has voluntarily surrendered to a person in authority and. Corral went to the Office of the Clerk of Court to change the date of receipt of the decision from Feb 23 to Feb 29 (which was later changed to Feb 28 when Corral realized that there was no Feb 29 that year). et al are the counsels for the accused in the said criminal case On Dec 13. Rivas. It should be remembered that the essence of due process is simply an opportunity to be heard. due to heavy traffic. Corral claims he was not afforded due process or hearing. they arrived at NBI at 2am the next day o That was why the Certificate of Detention indicated that the accused surrendered on Dec 14. The IBP investigating committee affirmed the charges and recommended suspension. Sarenas 2C . (RC Note: parts of the SC decision were in the “Facts” portion. On March 13. et al in their defense alleged that o On Dec 13. 1990 Atty Corral filed a notice of appeal. Balbuena should also be admonished for his utter carelessness in his references. the hearings had to be rescheduled several times to accommodate his requests. Mendiola. the IBP Board ordered Corral’s suspension. Judge Noynay and Atty. Rivera filed a complaint for disbarment against Atty Corral for tampering the court’s records without such court’s permission or knowledge. A suspension for 1 year is warranted. dishonest. since you will not understand the case if I placed it in the bottom” Yes. to administer his office with due regard to the integrity of the system of the law itself. He cannot now claim that he was denied due process. Fernandez. is now under detention Upon verification with the NBI.LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 W/N Judge Noynay has the jurisdiction to handle the election cases in his sala.
H-F admits that she and her husband live separately. particularly Rule 10. by his act of making up a spurious CA resolution and using such false resolution to his aadvantage. et al should be suspended for 6 months 56 HUEYSUWAN FLORIDO v FLORIDO Facts: Natasha Hueysuwan-Florido (H-F) filed this administrative complaint against her husband James Florido for violating his oath as a lawyer by manufacturing. Calinisan. Then in 2002. The SC thinks that suspension of 6 years is too much so they lowered the penalty to just a 2-year suspension. But when H-F heard of news that Florido was planning to take the children to Bacolod. Mendiola. Thus. fearing for her children’s safety. He violated Canon 10 of the Code of Professional Responsibility. Sometime in Dec. et al feel short of the duties and responsibilities expected of them as members of the bar Anticipating that their Motion for Bail will be denied by the Court found that it had no jurisdiction over the person of the accused. are entitled to expect only complete honesty from lawyers appearing and pleading before them His a lawyer’s solemn duty is to defend his client. H-F doubted the authenticity of the CA resolution so she did not give her children to Florido. Sarenas 2C . Florido went to H-F’s house and showed her a photocopy of a resolution issued by the CA apparently giving to Florido the legal custody of their children. on the other hand. This petition was dismissed because Florido did not appear and H-F presented a certification from the CA that there was no resolution granting Florido with legal custody of their children. Florido arrived accompanied by armed men.LEGAL ETHICS HELD RATIO YES. BATUEGAS. et al violated their oath when they resorted to deception Hence. CONCEALED TRUTH 2nd Sem 2005-2006 A lawyer must be a disciple of truth He swore upon his admission that he will do no falsehood nor consent to the doing of any in court As officer of the court. In the police station. Florido demanded that H-F surrender custody of their children to him. They have two children. she immediately took them away. Beron. 2001. H-F agreed to let the children sleep with Florido just for one night at a hotel. they craftily concealed the truth alleging that the accused had voluntarily surrendered To knowingly allege an untrue statement in the pleading is a contemptuous conduct that the Court strongly condemns BATUEGAS. Fernandez. flaunting and usng a spurious and bogus CA resolution/order. H-F. called the police. this present action. Morada. his conduct must never be at the expense of truth In the case at bar.01 and 10. Rivas. while H-F and her children were in the ABC Learning Center. 57 ESTRADA v SANDIGANBAYAN Anastacio. W/n Florido should be held liable for his actions. Issue: Held: SC says that Florido should be held liable. Florido then filed a petition for a writ of habeas corpus on the basis of the CA resolution he presented to H-F earlier. his high vocation is to correctly inform the court upon the law and facts of the case to aid it in arriving at the correct conclusion The courts. BATUEGAS. The IBP has recommended that Florido be suspended from the practice of law for 6 years. Gana Lopez.02.
and if the act of the judges is not lawful. Gana Lopez. Tiongco exhibited gross disrespect and attempted to discredit the Members of the First Division. In liberally imputing sinister and devious motives and questioning the impartiality. Paguia to dismiss all the criminal cases against Estrada. Arroyo by saying: similar in the decisions involving admin. Paguia repeated his assault on the court in both broadcast and print media. 58 TIONGCO v AGUILAR (Canon 10 Morada) Facts: Atty. Sarenas 2C . Paguia is the counsel of Joseph Estrada in the case of Estrada vs. Paguia asserts that the members of the Supreme Court should inhibit themselves from hearing the petition because of Rule 5. Rivas. The criticism must be bona fide. is not the act of the SC. he alleges that the SC failed to mention that he also called the judge a “robber.” he did not offer any excuse for the other intemperate words and phrases he used.” “a hypocritical judgment in plaintiff’s favor. Paguia has also been called to the mandate of Rule 13. He is indefinitely suspended from practice of law. Held: Atty.” “a rotten manipulator. Arroyo. According the Atty. and authority of the members of the court. Canon 11 of the Code of Professional Responsibility mandates the lawyer should observe and maintain the respect due to the courts and judicial officers. it is the act of the Supreme Court. Paguia asserts that the decision in Estrada vs.” and “abetter of graft and shady deals.” “the Judge was confused. Although a lawyer has the right—even the duty—to criticize the courts. Tiongco to show cause why he should not be dealt with administratively for the violation of Canon 11 of the Code of Professional Responsibility. this right must be exercised responsibly. Armonio became emotionally involved in the case o Not one of the partners was able to pass upon the draft or final form of the said motion. Held: YES Atty.10 of Code of Judicial Conduct. and that Atty. Paguia. While Tiongco tried to justify as true his descriptions of the Judge as “liar.” Issue: W/N Tiongco must be held administratively liable. In Tiongco’s Compliance.” “it was the devil who dictated it. Atty.10 of the Code of Judicial Conduct. He charged them with violating their duty to render justice. obstruct and pervert the dispensation of justice. Armonio who thought best to focus the attention of the court to the issue in the case and was not in any way meant to slight or offend the court. thereby diminishing public confidence in the latter and in the judiciary. Beron. Mendiola. Paguia is sanctioned. Tiongco stated that the decision of the trial court Judge was “crafted to fool the winning party. Anastacio.” “perfidious. argued that: o It has never been their intent to be disrespectful o It was the result of overenthusiasm on the part of Atty. Issue: W/N Atty. Neither did he show their relevance to the petition. the court asked him to show cause why he should not be sanctioned. agencies. being born and raised amongst the non-propertied class” Tiongco also filed a pleading with the SC stating that “it is hard to imagine that this Honorable Court had read the petition and hold that the same failed to sufficiently show that the respondent Court had committed grave abuse of discretion. Paguia has only succeeded seeking to impede.02 of the Code of Professional Responsibility prohibiting a member of the bar from making such public statements on a case that may tend to arouse public opinion for or against a party. Morada.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Atty. Atty. it is not the act of the Supreme Court. the justices have violated the rule by participating in the EDSA 2 rally and authorizing the assumption of office by President Arroyo. Atty.” In a previous resolution. Arroyo being unlawful in view of Rule 5. Atty. if the act of the justices is lawful. the SC required Atty. As such. 59 RHEEM OF THE PHILS v FERRER FACTS: The SC issued an order directing Atty. Tiongco filed a petition with the Supreme Court for a review of a lower court’s decision. By insinuating that this Court did not at all read the petition. He also showed disrespect to and contempt for the respondent judge. Atty. etc. Atty. Tiongco did not at all show cause why he should not be dealt with administratively. which prohibits judges from participating in partisan political activities. For that reason. Paguia should be sanctioned for conduct unbecoming.” and “blasphemer. Armonio and the senior partners in his law firm to show to cause why they should not be dealt with for contempt of court The law firm of Ponce Enrile. o It was because Atty. Sigiuon Reyne. integrity. Calinisan. Fernandez.” “thief. Paguia attacked the decision of the Court in the case of Estrada vs. Jose B. without using language that would tend to create or promote distrust in judicial administration and undermine the people’s confidence in the integrity of the members of this Court. and he thereby promoted distrust in judicial administration. The petition contained malicious and intemperate language. The Sandiganbayan denied the petition and motion for reconsideration of Atty.
Their failure to discharge such duty may prevent them from being inducted into the office of attorney. falsification of public documents) Andres then filed a case of disqualification against Cabrera. but for the maintenance of its supreme importance. Cabrera (Cabrera) was a successful bar examinee in 1977. Cabrera filed an apology but guess what. Emilia Andres was a legal officer in the Ministry of Labor. Cabrera apparently used in his affidavit vile.” The claim of Atty. huwag niyo silang subukan. Armonio that his statements was not in any way meant to slight or offend this court. Andres a moron). it has committed error and continuously repeated that error to the point of perpetuation. ordering the defendants to be held jointy and severally liable.g. not for the sake of the temporary incumbents of the judicial office. prepared. Morada. Issue: Held: 61 COBB-PEREZ v LANTIN FACTS: Ricardo Hermoso commenced a civil case against Damaso Perez and Gregorio Sumbong. or which could have the effect of “harboring or encouraging discontent which.g. The duty to observe and maintain the respect due the courts devolves not only upon lawyers but also upon those who will choose to enter the profession. Beron. It is proscribes to use unnecessary language which jeopardizes high esteem in courts. The SC decided that Atty. Judgment was rendered in favor of Hermoso. It is his obligation to maintain towards the courts a respectful attitude. 60 ANDRES v CABRERA Facts: Stanley R. Sarenas 2C . he still used unfit language (e. in many cases. In Cabrera’s reply he still used unfit language (e. thus undermining the foundation upon which rests that bulwark called judicial power . Armonio and the partners in his firm must be held in contempt because of the disrespectful language contained of the pleading prepared by Atty. for recovery of sum of P17. incivil and uncouth language (e. degradation of the administration of justice) Napikon yata yung SC. Implicit in the quoted statement is that the pronouncements of this court on the jurisdiction of the industrial court are not entitled to respect. calling Atty. It detract much from the dignity of and respect due this court. W/N Cabrera should be held in contempt Yes! Fine of P500 and imprisonment for 50 days. It is the duty of lawyers to observe and maintain the respect due to the courts of justice and judicial officers. supreme stupidity.44 representing unpaid purchases of leather materials used in the shoe manufacturing business of Hermoso. Calinisan. Rivas. Armonio. they required Cabrera to file a reply to why he should not be held in contempt. Atty. signed and filed the motion without clearing it with any one of the partner of the firm ISSUE: HELD: W/N Atty. Perez. One cannot escape responsibility by claiming his words did not mean what any reader must have understood them as meaning. The SC required him to file an answer to why he should not be disqualified. Gana Lopez. want of intention is no excuse for the language employed.309.LEGAL ETHICS 2nd Sem 2005-2006 Armonio. The Sheriff of Manila levied upon the shares of common stock registered in Damaso Perez’name with the Republic Bank. Mendiola. In subsequent motions by Cabrera. Armonio be warned that repetition of the incident will be dealt with more severely and that necessary attention must be employed by the partners in exercising adequate supervision and control of the pleadings submitted by its associate The pleading which contained “one pitfall into which this court has repeatedly fallen whenever the jurisdiction of the Court of Industrial Relations comes into question” and the sweeping charge that the decisions of this court “blindly adhere to earlier rulings without as much as making any reference to and analysis of the pertinent statues” implies that the court is so patently inept in determining the jurisdiction of the industrial court. Cabrera filed with the city fiscal of Manila criminal charges against Andres (graft and corruption. And guess what. Fernandez. (and they managed to have the Anastacio. an associate. She dismissed a case filed by Cabrera’s mother against a certain Atty. us the source of disorder. Cabrera then filed a motion for contempt of court. moronic. idiotic) Cabrera’s oath-taking was therefore postponed. Petitioners used the rules of procedure to suspend the execution of judgment. unparalleled stupidity. he used the words “a victim of the court’s inhuman and cruel punishment through its supreme inaction” 1979: The court thereafter deferred his oath-taking until he has shown that he has changed his ways. Pikon yung Supreme Court. creates or promotes distrust in judicial administration. the language he used were still unfit and even insincere. Because of the dismissal.g.
62 MAGAT v SANTIAGO Facts: For delaying the termination of an unlawful detainer case by filing multiple petitions before the SC. The case was for ejectment filed with the MTC. 64 ETERNAL GARDENS v CA Anastacio. Fernandez. It just wants to impress on you that Atty. And disregarded the canons in intentionally frustrating the rights of a litigant in whose favor a judgment in the case was rendered: thus abused procedural rules to defeat the ends of substantial justice. Montero has made a mockery of the judicial process. filed to lift the writ of execution alleging that the shares of stock were conjugal assets and that the debt was a personal obligation..LEGAL ETHICS 2nd Sem 2005-2006 sale suspended 6x) o They alleged that levy was highly excessive and unjust o Even the wife of Damaso Perez. Montero used procedure to circumvent the administration of justice) Pacfica Millare. Some of the actions were filed. Held: YES. at some stages alternatingly. Calinisan. Morada. Rivas. The petitioners and their counsel. ISSUE: WoN petitioners restored to tricky. Sarenas 2C . Montero’s acts are justified. far from viewing courts as sanctuaries for those who seek justice. Mendiola. Atty Magat and members of his family is now praying for judicial clemency. which were attempts by the same party and his counsel to delay enforcement of a judgment that has long become final and executory. Numerous appeals/complaints/petitions were filed to frustrate the execution of the MTC judgment. the petitioners resorted to a series of actions and petitions. Gana Lopez.. the mother of the complainant. respondents violated the duty of a member of the Bar to institute actions only which are just and put up such defenses as he perceives to be truly contestable under the laws. There is no need to know what they are though. Judging from the number of actions filed. Montero should be suspended for one year. only to be abandoned or withdrawn. The judgment of the MTC became final and executory on November 1986. This plea has been reiterated for a period of more than 2 years since his suspension. During the protracted litigation. No. have tried to use them to subvert the very ends of justice. The court is satisfied that Magat appreciates the significance of his dereliction and he has assured the court that he now possesses the requisite probity and integrity necesary to guarantee that he is worthy to be restored to the practice of law. in view if the said family's financial and economic difficulties to his inability to earn his livelihood as a lawyer. the SC suspended Atty Magat from the practice of law . which efforts were all rebuffed. 63 MILLARE v MONTERO Facts: (RC Note: The first part of the case is pointless. involving the same subject matters and cause of action. By having willfully and knowingly abused his rights of recourse in his efforts to get a favorable judgment. Issue: W/n the suspension should be terminated. Issue: Held: W/N Atty. as recommended by the IBP which found him guilty of malpractice. The summary of which is in page 8. expressing their profound regret for his past misconduct and his avowal ot amend his ways. obtained a favorable judgment against Elsa Co. Montero is also guilty of forum shopping. abetted by their counsel. for the sole purpose of thwarting the execution of a simple money judgment which has long become final and executory. sneaky and maneuvering tactics to thwart the ends of justice? HELD: YES RATIO: 1. The court in ruling for the suspension of Magat stated that a lawyer owes the duty of good faith and honorable dealing to the judicial tribunal before whom he practices his profession. Inherent in that obligation is the duty to assist in the speedy disposition of cases. Beron.
or impede the execution of a judgment. PAGUIRIGAN was their attorney. Calinisan. this petition. that he did not file an appellees brief since the filing of the same though required is not mandatory and that the Court granted his motion for extension belatedly. denied Eternal Garden’s appeal. Beron. So nag-file ng certiorari si Eternal sa CA. 65 SPS GALEN v PAGUIRIGAN Spouses Galen. the COMPLAINANTS were surprised to receive a writ of execution issued by the trial court. Hence. On Nov 20. He admits that he failed to file the appellees’ brief which just shows the cavalier attitude he took towards his clients’ cause. the failure to submit these pleadings could very well be fatal to the cause of the client. it does not have to be included or impleaded by name in an action against the transferor—according to the Rules of Court. Rivas.000 for docket fees. 1997. Hence. the order of the court shows that it took into account the interests of such lot owners—in fact certain limits were provided. They should not misuse the rules of procedure to defeat the ends of justice or unduly delay a case. The COMPLAINANTS gave PAGUIRIGAN P10. considering that the 30 day extension was to expire on Nov 14. the execution of the judgment need not necessarily desecrate these properties. the COMPLAINANTS continued the services of the said lawyer when the plaintiff in the civil case appealed. Judgment was rendered in favor of the COMPLAINANTS. *what’s relevant to ethics: The case has delayed the execution of a final judgment for 17 years. the COMPLAINANTS found out Atty PAGUIRIGAN failed to file an appellees’ brief in their behalf. being a transferee. on the same grounds. Eternal Gardens is the former’s successor-ininterest who will be bound by the judgment. 1997. Having admitted that they bought the property from Central Dyeing. So Seelin spouses filed for a second writ of execution. can only place great reliance on the briefs and memoranda of the parties. the due date being Nov 14. When the spouses filed a Motion for an Immediate Writ of Possession. PAGUIRIGAN did not only fail to file an appellees’ brief but after being granted a 30 day extension Anastacio. Rasdas and Villa (COMPLAINANTS) were defendants in a civil case for recovery of a residential lot. The COMPLAINANTS were informed that the CA reversed the trial court’s decision. Fernandez.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Seelin spouses filed a case against Central Dyeing for quieting of title. Sarenas 2C . they filed the case to the SC. such should first be resolved before a writ of possession be issued to the spouses. 1997 but the SC acted on it only on Nov 19. 1997. Thus. To make matters worse. Trusting in the able representation of Atty PAGUIRIGAN. it was denied for having been filed out of time. 1997. Upon inquiry in the CA. they should not forget that they are officers of the court. Gana Lopez. PAGUIRIGAN alleges that he agreed to represent the COMPLAINANTS without remuneration when their former counsel withdrew. Eternal Gardens Memorial Park Corp opposed claiming that it is the true and registered owner of the property—having bought the same from Central Dyeing in good faith. As to the fear that owners of the grave lots will be disturbed by the writ. essentially with the same arguments. It also argued that it was not bound by the decision since it was not impleaded in the case. bound to exert every effort to assist in the speedy and efficient administration of justice. The spouses won and the decision in their favor became final an executory. PAGUIRIGAN filed a motion for extension of time to file a petition for review on certiorari which the SC granted in its resolution dated Nov 19. being the successor-in-interest of Central Dyeing. However. 1997. FOR FAILING TO FILE PETITION AFTER BEEN GRANTED EXTENSION OF TIME PAGUIRIGAN was clearly negligent in the performance of his duties. PAGUIRIGAN filed the petition. It further contended that since there is a pending issue on possession (a different case). The CA. Issue: Is Eternal Gardens bound by the decision in the quieting of title case? Held: Yes. And of course. On Oct 14. Said motion was initially granted but was later denied. the lawyer assured them that he would seek a review of the decision of the CA. the importance of filing an appellees’ brief cannot be gainsaid because upon appeal. Morada. Mendiola. Subsequently. the appellate court. But the trial court favored the spouses and dismissed Eternal Garden’s claim since the judgment (in the queting of title case) was binding upon the latter. Dahil sa makulit (not to mention optimistic) si Eternal Gardens. nag-file pa ito ulit ng motion reconsideration. While lawyers owe entire devotion to the interests of their client’s rights. Moreover. ISSUE HELD W/N PAGUIRIGAN SHOULD BE PUNISHED FOR NEGLIGENCE YES. When COMPLAINANTS confronted PAGUIRIGAN. Although the failure to file the appellee’s brief in a case is not a ground for an adverse ruling.
LEGAL ETHICS 2nd Sem 2005-2006 of the time to file a petition for review of the decision of the CA. if a lawyer appears as client and counsel. Rafanan should be fined. he is a witness to the crime. Rafanan – Lopez Facts: This administrative complaint was brought by Jonar Santiago against Atty. Issue: Held: SC says yes. First. The SC explained that appearing both as counsel and witness of a client will provoke unkind criticism and leave many people to suspect the truthfulness of the lawyer because they cannot believe the lawyer as disinterested. he again lost through default by failing to file said petition. and (c) make and execute the certification and enter his PTR and IBP numbers in the documents he had notarized.08 of Canon 12. memoranda and briefs. after obtaining extensions of time to file pleadings. Anastacio. Mendiola. people would automatically think that his testimony as a witness is biased in favor of his client. which says that a lawyer should avoid testifying in behalf of his own client. all in violation of the Revised Administrative Code. And PAGUIRIGAN’S allegation about the SC’s belated action on the petition only succeeds in showing his ignorance of 2 basic principles: first. the SC says that this is in violation of Rule 12. let the period lapse without submitting the same or offering an explanation for his failure to do so.000 with a warning that repitition of the same act will be dealt with even more severely.03 of the Code of Professional Responsibility which provides “a lawyer shall not. The law also says that a notary public should keep a notarial register to record all affidavits they have notarized. 1997 (not from the day the resolution was dated). Sarenas 2C . second. Beron. 11 Santiago vs. PAGUIRIGAN is suspended from the practice of law for 6 months and ordered to refund the COMPLAINANTS P10. in defense of his client. Obviously. his affidavit is essential to the defense of his client. Rafanan cannot be made administratively liable. Rivas. Calinisan. In the end. Since. They are required to enter the number of the register and the page where a particular affidavit has been recorded. W/n Rafanan’s acts were contrary to law. 66 SANTIAGO v RAFANAN Assignment no. and. Thus. Edison Rafanan. (b) enter the details of the notarized documents in the notarial register. a notary public. because of his violation of the Notarial Laws and Canon 5 of the Code of Professional Responsibility. Gana Lopez.” Hence. This would ensure his credibility as a witness. Fernandez. because of the latter’s failure to (a) make the proper notation regarding the community tax certificate of the affiants. the SC considered that it is the duty of a lawyer to assert every remedy and defense for the benefit of the client. Rafanan is supposed to do everything in his power. PAGUIRIGAN is thus guilty of violation of Rule 12. Having violated these requirements. What he should have done though was to exempt himself from being counsel.000. place of issue and date of the Community Tax Certificate of the affiant in his affidavit. These requirements are mandatory due to the degree of importance and evidentiary weight attached to notarized documents. that a party cannot presume that his motion will be granted. that any extension granted is always counted from the last day of the reglementary period which is Oct 14. Santiago also points out that Rafanan made an affidavit in favor of his (Rafanan) client and offered the same as evidence in the case wherein he (Rafanan) was actively representing his client. The IBP found Rafanan guilty of violating the requirements of the Notarial Law and imposed a fine of 3. As to the affidavit executed by Rafanan in favor of his client. Despite of this. Morada. It is mandated by the Notarial Law that a notary public should enter the number.
was using his wife’s office address in his law practice. Atty.000. Barcelona. 67 BERBANO v BARCELONA Facts: 2nd Sem 2005-2006 The heirs of Hilapo appointed Atty. and from litigants by offering to divulge confidential information in advance of its unauthorized release). a Court Aide/Utility Worker. Held: YES Using the Judge’s address is a subtle was of sending a message that Atty. Daen. Morada. the court held that this elicits the suspicion the Judge is just fishing for more evidence to support the administrative case she had already filed against Almarvez. It violates canons 3. 10. Disbarment proceedings are sui generis. Sarenas 2C .700. they merely gave P15. Barcelona should be disbarred. they learned that Atty. Its intention is to safeguard the administration of justice by protecting the court and public from the misconduct of the officers of the court. Because the heirs could not produce the total amount. Barcelona. 68 ALMARVEZ v PAAS Facts: Pasay City Metropolitan Trial Court Judge Estrellita Paas administratively charged Almarvez. particularly in a criminal case he was handling which was docketed at an RTC also in Pasay. Paas is the husband of a judge in the same building and should be given special treatment by other judges or court personnel. Held: Atty. who is a private practitioner. but she claims that this was done only to ensure and facilitate the delivery of those notices. It is unprofessional and dishonorable to misuse a public office to enhance a lawyer’s prestige. Thus he was suspended for 3 months. 13. Regarding this. The only offense which Almarvez was found to commit was inefficiency in the discharge of his duties. Calinisan. In a separate case for inhibition of Judge Paas in a criminal case. Daen. Rivas. On another occasion. it was found that Judge Paas’ husband. Issue: W/N Judge Paas and Atty. Mendiola. it was stated that court officials and employees must “never use their offices…for any other purpose that for court or judicial functions. Barcelona and gave P10. Barcelona should be disbarred.LEGAL ETHICS Rafanan is fined 3. Gana Lopez. Almarvez had filed a counterclaim alleging that Judge Paas ordered him to undergo a drug test after the latter had already filed an administrative complaint against him. 01-99. The Court found that the aforementioned charges were not supported by evidence since those who filed affidavits as evidence against Almarvez were not presented at the hearings. demonstrated a penchant for misrepresenting that he had connections to secure the release of Atty. SC Circular No. Daen was subsequently arrested by the Muntinlupa police. In SC Administrative Circular No. Barcelona reached P64.-in-fact. Barcelona demeaned the legal profession by taking money from a client under the pretext of having connections with a member of this court. Paas. neglect in performing duties (by not maintaining the cleanliness around the court premises and often being absent from work). Atty. Daen. Daen as their atty. In this case. with discourtesy to his fellow employees. Daen the next day. to be guilty of malpractice and breach of duty and recommended that he be disbarred.000. The heirs of Hilapo tried to look for a lawyer to secure the release of Atty. Paas. Atty. This was held to constitute conduct unbecoming of a member of the judiciary. and solicitation of money (from prisoners before serving them their Release Orders. Commissioner Bautista found Atty. The heirs were recommended to Atty. documents were submitted such as 1) a Notice of Appeal signed by Atty.” Code of Judicial Conduct provides that a judge should avoid impropriety in all activities and shall not allow the use of the judicial office to advance the private interests of others. Paas should be penalized for allowing the latter to use the office of the former as his return address in his private practice. Instead of promoting respect for law and the legal processes. and 15 of the Code of Professional Responsibility. Anastacio. Atty.000. Barcelona then proceeded to tell the heirs if they could produce P50K he could secure the release of Atty. for which Judge Paas should be duly reprimanded. Fernandez. and from the Supreme Court This was admitted by Judge Paas. There were several meetings between the heirs and Atty. The total amount given by the heirs to Atty. and 2) notices from Pasay City RTC. In support of this charge. The heirs made another payment via a check worth P24. Barcelona misrepresented to the complainant that he could get the release of Atty.000. the heirs went to the house of Atty. Daen with his connection with a Supreme Court Justice. When the spouses visited Atty. Atty. 3-92 prohibits the use of halls of justice for residential or commercial purposes. Atty. Beron. Issue: W/N Atty. Barcelona regarding the “grease money” to be used to allegedly bribe an SC justice. Daen had decided to engage the services of Atty.
0033 – “RP v. they took turns haranguing the court all day long with the use of loudspeakers ISSUE: W/N the rallyists must be held with contempt HELD: The contempt charges were dismissed The Counsel of the union members apologized to the court and promised that the incident will not be repeated again The picketing was actually done by the members of the PAMANTIK (Pagkakaisa ng MAnggagawa sa Timog Katalugan). Morada. Paas is suspended for 3 months from the practice of law. Mendiola. petitioners and Roco admit that they assisted in the organization and acquisition of companies included in Civil Case No.000 69 NESTLE v SANCHEZ FACTS: From July 8-10. Abello. for the recovery of ill-gotten wealth. 70 REGALA v SANDIGANBAYAN Facts: Petitioners in this case and private respondent Roco were all then partners of the law firm Angara. which includes shares of stock in certain corporations PCGG later on filed a motion to admit 3 rd amended complaint. The ACCRA lawyers then filed a comment and/or opposition saying that they should also be removed the way that Roco was. Regala and Cruz Law Offices (commonly known as ACCRA) ACCRA performed services for clients which included acquiring and/or organizing business associations and/or organizations where it acted as incorporators or simply as stockholders As members of the law firm. and that any such efforts to influence the court constitutes contempt of court. Sarenas 2C .LEGAL ETHICS 2nd Sem 2005-2006 Atty. In keeping with the office practice. free from outside interference obstructive of its functions and tending to embarrass the administration of justice. this motion for certiorari W/N the ACCRA lawyers should be excluded from the case Yes. Roco did not actually reveal the identity of the client for whom he acted as nomineestockholder The ACCRA lawyer’s motion for exclusion was denied (they refused to comply with the PCGG’s offer) by the PCGG and the court. while Judge Paas shall pay a fine of P12. PCGG has no valid cause of action W/N the attorney-client privilege prohibits the ACCRA lawyers from revealing the identity of their clients Issue: Held: Issue: Held: Anastacio. an unregistered loose allegiance of about 75 unions in the Southern Tagalog and not by either the Union of Filipro Employees or the Kimberly Independent Labor Union. set up kitchens and littered the place. who filed a case in court intensified their pickets that they had been conducting since June 17 in front of the Padre Faura gate of the SC Despite of the warning given by the court to their leaders and counsel. But the court will not hesitate in future similar incidents to apply the full force of the law and punish for contempt those who attempt to pressure the court to acting one way or the other in any case pending before it.”. It is apparent that the ACCRA lawyers were only impleaded to force them to disclose the identity of their clients. The court is entitled to proceed to the disposition of its business in an orderly manner. Fernandez. Beron. Hence. Anong kalokohan yan? o Civil Case No. Concepcion. Rivas. Any attempt to pressure or influence courts of justice through the exercise of either right amounts to an abuse thereof and is no longer within the ambit of constitutional protection. Eduardo Cojuangco et. which excluded Roco in Civil Case 33 as party defendant. ACCRA lawyers acted as nomineesstockholders. the picketing continued The union members are obstructing the access to and egress from the court’s premises. 0033. Calinisan. PCGG then said that it will ask for their exclusion only if they will also disclose the identity of their clients During the proceedings. al. Gana Lopez. PCGG was removing Roco because Roco was going to make choochoo and reveal the identity of the principals. They have also constructed provisional shelters along the sidewalks. union members of Union of Filipro Employees or the Kimberly Independent Labor Union.
Atty Mutuc sent demand letters to petitioner demanding the balance of P50. Ramon Sy acknowledged the obligation. Petitioner denied the existence of any professional relationship of attorney and client between hin and Atty Mutuc. requiring a high degree of fidelity and good faith. The ACCRA lawyers also made such statement and should also be dropped. lawyers are bound to promptly account for money or property received by them on behalf of their clients and failure to do so constitutes professional misconduct. The president told him that if he could convince Ramon Sy to acknowledge the obligation. the account of Dewey was cleared. Petitioner’s father was apprehensive over the safety of his son. Gana Lopez. 72 DEE v CA Dee and his father went to the residence of Atty Mutuc to seek his advice regarding the problem of the alleged indebtedness of petitioner’s brother Dewey Dee. Dewey having heard of a link between the mafia and Ceasar’s Palace and his possibility that his son may be harmed at the instance of the latter. Atty Mutuc talked with the president of Ceasar’s palace and advised the president that for the sake and in the interest of the casino it would be better to make Ramon Sy answer for the indebtedness. Atty Mutuc filed a complaint against petitioner Dee for the collection of attorney’s fees. In re: Canon 14 the relation of attorney and client is strictly personal and highly confidential and fiduciary the lawyer is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client 71 DAROY v LEGASPI FACTS: Complainants charged Atty. after which his services were reportedly contracted for P100. thereafter. Calinisan. Rivas. In view of that special relationship. The fact that a lawyer has a lien for fees on money in his hands collected for his clients does not relieve him from the duty of promptly accounting for the funds received. Legaspi signed as counsel agreed that the coconut land left by the decedents would be divided into 6 equal parts and that the proceeds of the sale of the land would be distributed among them. The absence of a written contract will not preclude the finding that there was a professional relationship which Anastacio. They prayed that he be disbarred FACTUAL EVIDENCE: Complainants hired Atty.000 given to Atty Mutuc was alleged to be given not in the nature of attorney’s fees but merely pocket money. Legaspi was also an heir (although it wasn’t shown how). The P50. and not in this disbarment proceeding. Morada. which Atty. The relation between an atty and his client is higly fiduciary in nature and of a very delicate. Legaspi should be disbarred because he violated the relation between attorney and his client? HELD: YES! RATIO: 1. ISSUE: WoN Atty.000.LEGAL ETHICS 2nd Sem 2005-2006 General rule: a client’s identity should not be shrouded in mystery o Exceptions: where a strong probability exists that revealing the client’s name would implicate that client in the very activity for which he sought the lawyer’s advice o Where disclosure would open the client to civil liability o Where revealing the identity would furnish the only link that would be necessary to convict an individual of a crime The prosecution should rely on the strength of their evidence and not on the weakness of the defense Roco merely stated that he was acting as nominee-stockholder for the client and is part of legitimate lawyering. However. Fernandez. It turned out that Atty. The complainants. Further investigations revealed that the alleged debt of Dewey had actually been incurred by Ramon Sy. Atty Mutuc assured petitioner and his father that he would inquire into the matter. Petitioner Dee ignored said letters. Dewey would be exculpated from liability.00 which he had collected for them.000 as attorney’s fees. however. Legaspi to represent them in the intestate proceeding for the settlement of the estate of the spouses Gonzaga. Issue: W/n there was a lawyer-client relationship… Held: YES. Mendiola. have to recover the money in an ordinary action. Teofilo Legaspi that the money deposited could be withdrawn. to Ceasar’s Palace. Daroy. Atty. 2. Beron. Atty. The complainant-heirs in a joint petition. Sarenas 2C .000. with Dewey merely signing for the chits. Legaspi had already withdrawn the money (therefore he acted in bad faith).Legaspi with malpractice for having misappropriated the sum of P4. Dee insists that the visits made to Atty Mutuc was merely informal and that Atty Mutuc had not been specifically contacted to handle the problem. Legaspi wrote to the father of Mrs. exacting and confidential character. Ramon Chavez.
During the pendency of the appeal. The firm of Delgado urged Atty Francisco to stop representing Assad since there exists an atty-client relationship between him (Francisco) and the other party (Hilado) in the same case. The negligence of the counsel binds the client. Baizas Law Office (different daw from the former one) file a motion for reconsideration. And that the written opinion was made by his assistant. It was alleged that Hilado consulted Francisco regarding the case and that the former turned over papers to the latter. In 1974. Morada. Gana Lopez. To establish the relationship. Atty Vicente Francisco entered his appearance for Assad substituting Ohnick et al. BR Sebastian (BRS) was held to be liable. Mutuc’s representations in behalf of petitioner Dee were not in resistance to the casino’s claim but were actually geared toward proving the liability of true debtor. BRS appealed. no fraud is involved. Counsel for BRS (The Baizas. No. Only simple negligence on the part of the BRS’ counsel. around 5 months after the deadline. Delgado et al. Reyes died. The responsibility of the associates to the petitioner as counsel remained until withdrawal by the former of their appearance in the manner provided by the Rules of Court. but the Director of Public Works was exonerated. Issue: Held: 74 HILADO v DAVID Facts: Blandina Hilado (ganda ng pangalan!) brought an action against Selim Assad to annul the sale of several houses and lot exected by Hilado’s husband. Delgado et al. this opinion was reached on the basis of papers submitted at his office. senior partner. From these ultimate facts. Francisco’s defense was that he only met Hilado once and this was when the latter informed him about the case. and only for the purpose of explaining to Hilado why his firm rejected the case. David is the judge trying the case who dismissed the complaint for disqualification against Francisco. Anastacio. BRS received notice to file Appelant’s Brief within 45 days from receipt. W/N the appeal of BR Sebastian should be reinstated. Later on. the lawyer who handled this case in the trial court and who is believed to have also attended to the preparation of the Appelant’s Brief but failed to submit it through oversight and inadvertence. and BR Sebastian. He was substituted by his heirs (the Reyeses). an attorney-client relationship between Francisco and Hilado can be said to have ensued. sought to disqualify Francisco from representing Assad in the case. had also left the firm. Mendiola. Francisco sent a written opinion to Hilado. Since makulit si Francisco. 73 BR SEBASTIAN v CA Facts: Eulogio Reyes. and that Hilado’s purpose in submitting those papers was to secure Francisco’s professional services. Therefore. Said judge reasoned that no attorney-client relationship existed between Hilado and Francisco. Beron. it is sufficient that the advice and assistance of an attorney is sought and received in any matter pertinent to his profession. Rivas. while Ohnick et al filed an answer for Assad. Atty Mutuc did not represent conflicting interests as claimed by Dee when Dee alleged that Mutuc was acting as agent of Ceasar’s Palace. was counsel for Hilado. An acceptance of the relation is implied on the part of the attorney from his acting on behalf of his client in pursuance of a request from the latter. Jose Baizas (son of Crispin) and Atty Ruby Alberto. Or it could have withdrawn as counsel in the manner provided by the Rules of Court so that the petitioner could contract the services of a new lawyer. Fernandez. He added that when Hilado left documents in their office.LEGAL ETHICS 2nd Sem 2005-2006 merits attorney’s fees for professional services rendered. Calinisan. he told his assistant to tell Hilado that their firm would not handle her case. Mutuc is entitled to receive a reasonable compensation. Ramon Sy. The law firm should have assigned the case to another associate. From such documents. before he died filed an action for damages against the Director of Public Works. And that Atty Espiritu. Issue: Was there an attorney-client relationship between Francisco and Hilado? Should Atty Francisco be disqualified from representing Assad? Held: The firm of Francisco mailed a written opinion to Hilado on the merits of the case (with Francisco’s signature). The confusion in the office of the law firm following the death of Aty Crispin Baizas is not a valid justification for its failure to file the brief. Alberto and Associates) failed to file the brief. Sarenas 2C . The appeal was then dismissed. It alleged that as a result of the death of Atty Crispin Baizas. Much later. In this case. the affairs of the aid firm are still being settled between Atty. which he signed without reading.
And an information obtained from a client by a member or assistant of the firm is information imparted to the firm. Imelda Nakpil (his wife) acquired the services of Valdes and his accounting and law firms for the settlement of the estate of Jose Nakpil. The SC held that Valdes only held the lots in trust for Nakpil. He went into an agreement with Atty. *A retaining fee (just in case itanong) is a preliminary fee given to an attorney or counsel to insure and secure his future services. Rivas. Motion for disqualification against Attorney Francisco should be allowed. Imelda also filed an administrative complaint for disbarment against Valdes. While the case was pending. The CFI dismissed the action for reconveyance. The rule inhibiting an attorney from acting in behalf of both parties is implied in the Rules of Court (wala pang codified codes of professional responsibility noon). and o Apparently. or charged for. and the attorney voluntarily permits or acquiesces in such consultation. The failure to object to counsel’s appearance does not operate as a waiver of the right to ask for counsel’s disqualification. An information professionally obtained by an attorney from a client is sacred to the employment to which it pertains. neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had. we hold respondent guilty of representing conflicting interests which is proscribed by Canon 15 Rule 15. Beron. Baguio. Valdes should be administratively sanctioned for his acts. Valdes took for granted the trust formed between Jose and him (they had a close relationship since the 50’s).LEGAL ETHICS 2nd Sem 2005-2006 To constitute professional employment it is not essential that the client should have employed the attorney professionally on any previous occasion. Came to an agreement that the latter would be buying the property in trust for Jose. In the case at bar. The complaint for reconveyance went up to the SC and was decided in favor of Nakpil. promised. The fact remains that his firm did give Hilado a formal professional advice from which emerged the relation. there is no question that the interests of the estate and that of its Held: Anastacio. which was the basis for Imelda’s decision to use his services. The lands’ titles were transferred to his name. It was clear that Jose Nakpil and Atty. Gana Lopez. Calinisan. the Caval Realty Corporation) while including the loans he contracted. The letter binds and estops him in the same manner and degree as if he wrote it personally. What Valdes did was to exclude the property in Baguio from the list of assets of Jose Nakpil (he actually transferred the property to his company. By his act of excluding the property from the estate and including the loans he contracted (and used for his own benefit) as claims. representing conflicting interests when his accounting firm prepared the list of claims of creditors Angel Nakpil and ENORN against the estate of Jose Nakpil. which was represented by his law firm. Valdes did buy the property by contracting 2 loans. Carlos Valdes for the latter to buy the property in trust for Nakpil. When Jose Nakpil died. o Including his loans as claims on the estate. Sarenas 2C . The Court held that the first two acts clearly show that Valdes broke the trust reposed on him by Imelda Nakpil when the latter agreed to use his professional services as a lawyer and an accountant. and induce him to act for the client. and to permit it be used in the interest of another. namely: o Excluding the property in Baguio from the estate of Jose Nakpil. The CA reversed the CFI. 75 SANTOS v BELTRAN US…. Morada. The SC found Valdes guilty of misconduct and suspends him for 1 year. Fernandez. When a person consults with his attorney in his professional capacity with the view of obtaining professional advice or assistance. The defense that Francisco never read the written opinion nor the documents submitted by Hilado will not preclude the existence of an attorney-client relationship.03. The existence of attorney-client relationship precludes the attorney from representing (and receiving a retainer from) the opposite party in the same case. then the professional employment must be regarded as established. It is not necessary that any retainer should have been paid. What Imelda did was to file a suit for reconveyance in the CFI. W/n Atty. As to the third charge. 76 NAKPIL v VALDES Facts: Issue: Jose Nakpil was interested in a piece of property situated in Moran. or in the interest of the adverse party is to strike at the element of confidence which forms the basis of an attorney-client relationship. Mendiola.
Gana Lopez. To be guilty of representing conflicting interests. since that would give rise to a conflict of interest. and he delivered to him various documents including the decision of the previous court on the partition of the property of Santiago. the prevailing rule is that the lawyer engaged by the corporation may not represent the directors. The interest of the corporate client is paramount and should not be influenced by the interest of the individual corporate officials. In a derivative suit such as the one filed by the complainants against the BOD of PPSTA. Salunat entered his appearance as counsel for the board members in said cases. respondent is admonished to observe a high degree of fidelity in the practice of his profession. etc. Artezuela engaged the services of Atty. did not do anything to keep the case moving and atty. Salunat engaged in conflicting interests. Salunat’s engagement as counsel of PPSTA Complainants. She alleged that Maderazo grossly neglected his duties as a lawyer. According to him. Artezuela paid Maderazo the amount of P10. and was being paid out of its corporate funds where complainants have contributed. withdrew his services without obtaining Artezuela’s consent. Artezuela filed a suit for disbarment against Maderazo. the answer by Echavia was only printed in his office.000 as filing fee. Mendiola. Respondent's accounting firm prepared the list of assets and liabilities of the estate and.Salunat entered his appearance in behalf of ASSA Law Firm doesn’t exonerate him. a counsel-of-record of one party need not also be the counsel-of-record of the adverse party. atty. It is enough that the counsel of one party had a hand in the preparation of the pleading of another party who is claiming adverse and conflicting interests with that of the original client. Natan had filed an action against Santiago. at the same time. Salunat was guilty of conflict of interest because he was engaged by PPSTA. Salunat pointed out that he entered his appearance as counsel for the board members for and in behalf of ASSA Law and Associates. Artezuela also alleged that Atty. Maderazo in filing a damage suit against Echavia. filed an intracorporate case against its Board of Directors. Maderazo represented conflicting interests. which was received by Maria. Maderazo claims that the document of Echavia was not prepared by him. ½ of Santiago’s share in Hacienda Minit was ordered to be delivered to Maria Capule was contracted by Natan to file an action of forcible entry against Edonga. Maderazo prepared Echavia’s answer. That Atty. Morada. Calinisan. There is clearly a conflict between the interest of the estate which stands as the debtor. Rivas. Echavia was driving a Ford Telstar owned by a Japanese national but in the name of his brother-in-law Villapez. According to Artezuela. Issue: W/N Atty. Held: YES. Because of the fiduciary relationship between the lawyer and the client. Partial payments were received by Capule from Natan amounting to P275 but Capule was unable to attend the Anastacio. Held: Atty.LEGAL ETHICS 2nd Sem 2005-2006 creditors are adverse to each other. who are members of PPSTA. Suspension of 6 months. Complainants contend the Atty. He does not have to hold himself as the counsel of the adverse party. 79 NATAN v CAPULE FACTS: Natan is the administrator of the estate of the deceased Maria Patero. Agustin who handled the case. He also stated that it was another partner of the firm. Beron. Atty. which approved Atty. Maderazo engaged in activities inimical to her interests. Maderazo represented conflicting interests. 77 ARTEZUELA v MADERAZO Facts: Echavia had a vehicular accident in Mandaue City.000 as attorney’s fees and P2. the husband of Maria Patero to recover Maria’s share in the conjugal property. She says that while acting as her counsel. 78 HORNILLA v SALUNAT Facts: Salunat was a member of the Phil. specifically Hacienda Minit. Atty. Atty. He admitted that ASSA was the retained counsel of PPSTA. Atty. Public School Teachers Association (PPSTA) Board. sound public policy dictates that the lawyer be prohibited from representing conflicting interests or discharging inconsistent duties. Since this is the first offense. computed the claims of two creditors of the estate. Sarenas 2C . Fernandez. Atty. The car rammed into a small carinderia owned by Artezuela. Issue: W/N Atty. of which complainants were members. and that of the two claimants who are creditors of the estate.
use against his former client knowledge or information acquired by virtue of his previous relationship. W/N Capule violated his duty as a lawyer YES! And the court sentenced him to be suspended him from the exercise of his profession for the period of 2 years Capule had utilized the papers. Bautista sued him. knowledge and information that he had received from his former client Natan in connection to the Hacienda Minit against Natan and for the benefit of his new client Olimpio Patero Capule. Barrios instead appeared for Rovero. even though he was an interested party since he was one of the officers who were dismissed (conflict of interests) ISSUE: WoN Marino should be reprimanded? HELD: YES RATIO: 1. because of his previous relationship with Natan. Natan handled the case personally. he could not appear for one as against another. Barrios did not inform her that he was already representing Rovero. Rovero later on refused to comply with the terms of the deed. The fact the Capule retired from the forcible entry case prior to retaining the case of Olimpio did not relieve him from his obligation of fidelity and loyalty to his former client. as president. Beron. union atty and interested party being one of the dismissed employees seeking his own restitution. Since the Judge refused to grant postponement. Barrios defense: it was Rovero who engaged his services in preparing the deed and not Bautista W/N Barrios may handle a case nullify a contract which he prepared No.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE: HELD: hearing. Gana Lopez. nor may he. Anastacio. the administration of UST and the UST Faculty Union also entered into a compromise agreement for the payment to settle backwages. Jr. at any time. In the same year. Thereafter. Sarenas 2C . Atty.000. Jr. Calinisan. claiming that he is the sole heir of Santiago Patero and in possession of Hacienda Minit. Morada. Marino was involved in obvious conflict of interests when in addition he chose to act as concurrent lawyer and president of the UST Faculty Union in forging the compromise agreement. the faculty members of UST went on strike and as a counter-measure UST terminated the employment of 16 officers and directors of the UST Faculty Union including Atty Marino. Atty Marino failed to avoid conflict of interests. negotiated with UST as union attorney. Barrios to draft an extra-judicial partition between Bautista and her brothers and sisters and Rovero on the other side. Mendiola. In 1989. when he negotiated for the compromise agreement wherein he played the diverse roles of union president. The inconsistency between his position as attorney of Natan and that of Olimpio is so apparent that it could not have escaped his attention An attorney may not do anything which will injuriously affect his former client in any matter in which he formerly represented him. Barrios merely said that she has no cause of action. as president of the UST Faculty Union and other union officers entered into a collective bargaining agreement with the management of UST for the provision of economic benefits amounting to P35 Milllion. The test of conflict of interest among 2. Barrios prepared the deed. Fernandez. being an attorney himself. was disqualified to accept the case of Olimpio who claims ownership over Hacienda Minit. and filed an administrative case against Natan asking the court to order Natan to return ½ of Hacienda Minit. Instead of representing Bautista.00 without full prior disclosure of the circumstances justifying such clain to the members of the UST Faculty Union. 80 BAUTISTA v BARRIOS Facts: Issue: Held: Rufina Bautista engaged the services of Atty. first. Rivas. and thereafter.200. Capule represented Olimpio Patero. Suspended for 2 years. When Bautista approached Barrios to enforce the deed. when he obtained the attys fees of P4. Supposing that Barrios was indeed representing both Bautista and Rovero. Marino. The 1986 collective bargaining agreement expired in 1988 but efforts to forge a new one unfortunately failed. The Sec of Labor prescribed the retroactivity of the collective bargaining agreement to 1988 when the 1986 collective bargaining agreement expired. he may not. As one of the 16 union officers and directors seeking compensation from the UST for their illegal dismissal. The important fact in this case is that Atty. 81 GAMILLA v MARIÑO FACTS: Atty Marino.
lawyers is “whether the acceptance of a new relation will prevent an atty from the full discharge of his duty of undivided fidelity and loyalty to his client or invite suspicion of unfaithfulness or double-dealing in the performance thereof. He then required the Docena spouses to post a supersedeas bond in the amount of P10. During the preliminary investigation. it is undoubtedly a conflict of interests for an atty to put himself in a position where self-interest tempts. eroded the peoples' confidence in the judicial system. in which Dinglasan is an officer. Fernandez. alleging that respondent was his legal counsel who was privy to all his legal. In addition. Eastern Samar Branch of the Development Bank of the Philippines.000. which is reflective of his depraved character. Issue: Whether the acts of Atty Suntay in filing the complaints constitute malpractice… Held: YES.860. 83 DOCENA V LIMON Facts: Atty.000. and political affairs.00 from the Borongan. Gana Lopez.00 allegedly to stay the execution of the appealed decision The Docena’s obtained a loan of P3. Atty Marino. He has sullied the integrity of his brethren in the law and has. Sarenas 2C . Atty Suntay. or worse.000 as consideration for the destruction of complainants record in the BIR. respondent Limon has reduced the law profession to a level so base. borrowed P2.LEGAL ETHICS 2nd Sem 2005-2006 3.) 82 SUNTAY v SUNTAY Facts: The complaint for disbarment was filed by Frederico Suntay against his nephew. Morada. Limon claims that the P10T was just his attorney’s fees. and applied for an agricultural loan of P4. Atty Suntay is suspended for 2 years. respondent has made himself unworthy to remain in the Roll of Attorneys. actually impels him to do less than his best for his client. Mendiola. When complainat declined the demand. Atty Suntay acted as counself for clients in case involving subject matters regarding which he had either been previously helped complainant to administer as the latter’s counsel and confidant.00 from the Borongan. W/N Limon should be sanctioned. indirectly. Complainant testified that he consulted Atty Suntay about the demand made by Dinglasan. Rivas. In the same manner. Beron. Since they parted ways. the necessity of setting down the existence of the bare relationship of attorney and client as the yardstick for testing incompatibility of interests. To make the passing of confidential information a condition precedent would not enhance the welfare of the litigants. When The Docena’s went to the CFI to withdraw the bond after the case. Issue: Held: Anastacio. Both as lawyer and president of the union was duty bound to protect and advance the interest of the union members and the bargaining unit above his own. so low and dishonorable. This obligation was jeopardized when his personal interest complicated the negotiation process and eventually resulted in the lopsided compromise agreement that rightly or wrongly brought money to him at the expense of the other faculty members. He also ought to have disclosed his interest (which he only did only years after the consummation of his share. A lawyer shall preserve the confidences and secrets of his clients even after termination of the attorney-client relation. Dinglasan charged complainant with the crime of false testimony and grave oral defamation. Hence. Limon was the Docena spouses’ lawyer for their appeal in a Forcible Entry case. By his reprehensible conduct.140. Atty Sntay acted as counsel of Magno Dinglasan. Samar Branch of the Philippine National Bank. Atty Suntay had been filing complaints and cases against complainant making use of confidential information gained while their attorney-client relationship existed.. wherein Limon himself acted as guarantor. Calinisan. and most contemptible. It is also not necessary to specify the alleged confidential information used. they discovered that no such bond was ever posted by Limon. complainant Suntay alleged that respondent Atty Suntay pursued a case against him for violation of PD 296 for the alleged disappearance of 2 creeks traversing complainant’s fishpond. tsk bad. Magno Dinglasan demanded from complainant P150. He should be DISBARRED! By extorting money from his client through deceit and misrepresentation.00 from a private individual. Complainant alleged that Atty Suntay ‘s possession of the TCT and the blueprint plan of the property while he was still counsel for complainant provided him with the information that there used to be 2 creeks traversing the fishpond In one case.
Instead. Administrative cases against lawyers can still proceed despite the dismissal of civil and/or criminal cases against them. was Sevilla’s counsel in a civil case for repurchase and damages. The primary object of administrative cases against lawyers is not only to punish and discipline erring lawyers but also to safeguard the administration of justice by protecting the courts and the public from the misconduct of lawyers. He even issued a promissory note for said amount. engaged the services of ATTY RIMORIN in the matter of settling his “overstaying alien status” with the Bureau of Immigration and Deportation so tat he could attend the funeral of his son. Several extensions were sought by Salubre but he still failed to pay.000 This amount was to be paid out of the goodwill money to be paid by ABS-CBN. Upon advice of Salubre. a retired US citizen.000 in the bank account of ATTY RIMORIN According to the affidavit of NOLI. Rivas. Fernandez. he bombarded complainant with a long line of promises hoping that the latter would allow the matter to be. VIOLATED CANON 16 RULE 16. the 2 payments were intended for CUNANAN ATTY RIMORIN sent a letter to CUNANAN stating “due to rains there is no way of checking whether the check deposited by ABS-CBN has been cleared…I’ll try my very best to produce the other P30. CUNANAN filed an administrative case with the IBP Commission on Bar Discipline for the disbarment of ATTY RIMORIN and for failing to render the accounting of P200. Salubre promised Sevilla that he would pay the sum of money. Later on. eventually. Mendiola. prior to being a judge. By the time the case was referred to the Office of Court Administrator. But these were dishonored on the ground “account closed”. in the United States CUNANAN verbally agreed to pay ATTY RIMORIN P40. Salubre’s appointment as judge did not extinguish the obligation incurred by him when he was still a trial lawyer.000 but after that there was no more communication from ATTY RIMORIN Hence. The Affidavit of Desistance did not divest the Court of its jurisdiction to impose administrative sanctions upon Salubre.LEGAL ETHICS 84 SEVILLA v SALUBRE Facts: 2nd Sem 2005-2006 Salubre. Calinisan. the amount due was around P77k (45k as principal and 32k as interest).000 which the lawyer received in trust for him] ISSUE HELD W/N ATTY RIMORIN SHOULD BE REPRIMANDED YES. Instead of consigning it to the court. Salubre violated Canon 16 of the Code of Professional Responsibility for his failure to return the funds of his client upon demand. Morada. His defense that the money was supposed to be Sevilla’s payment for his services should have been made known to the latter at the earliest time when the demand was made. Complainant’s voluntary desistance does not confirm nor deny Salubre’s non-culpability. Gana Lopez. Beron. Salubre also claimed that the money he received from Sevilla was supposed to be the latter’s payment for his appearance and other litigation expenses Issue: Should Salubre still be held liable for his acts despite the desistance of the complainant? Held: Yes. Andrew For the 1st partial payment. ABS-CBN deposited the balance of P100. NOLI acting in behalf of ABS-CBN. and to remove from the legal profession persons whose utter disregard of their lawyer’s oath have proven them unfit to continue discharging the trust reposed in them as members of the bar. in exchange for an exclusive interview regarding the story of CUNANAN’S son. failed to keep up with the exacting standards of the Canons of Judicial Ethics. The fact that he was eventually appointed as Judge will not exculpate him from taking responsibility of the consequences of his acts as an officer of the court. Salubre deposited the money in his own account and later used personally by him. Sevilla gave P45k to him to be consigned with the court as repurchase money. left unsettled. Salubre’s defense was that the complaint was a result of misunderstanding and the filing of an Affidavit of Desistance is proof that the matter was already resolved. It was shown that Salubre later returned the funds to Sevilla after the case for estafa was filed. His appointment as Judge is not a valid reason not to properly address the demand of complainant.01 Anastacio. represented by NOLI DE CASTRO. Salubre. by delaying payment of his obligation. Salubre is fined and given a stern warning. 85 CUNANAN v RIMORIN FACTS CUNANAN.000 payable to ATTY RIMORIN To complete payment. Sarenas 2C .000 today” CUNANAN indeed received P30. checks were issued to cover the indebtedness. issued a check for P100. There was an allegation of violation of Canon 17 but this was not substantiated. Andrew Cunanan.
Calinisan.03). is a breach of the Lawyer's Oath to which he swore observance.’s fee of P175 is unconscionable. Meneses contends that Marquez owes her money because he was entitled to the retainer fee (P100) and whatever contingent fees that may be awarded by the court. Respondent's unprofessional acts considered. An atty. the SC was constrained to find him guilty of deceit. Sol. Pineda paid the rentals to Melo (worth P5. It is well-settled that money collected by a lawyer in pursuance of a judgment in favor of his client is money held in trust and must be immediately turned Anastacio. The agreement was that Marquez was to pay Meneses a fee of P100 whether the case was won or lost.LEGAL ETHICS RATIO 2nd Sem 2005-2006 It was established that the P200. Meneses should return the amount of P 50. Licuanan. also recommended the suspension of Atty.000 representing the balance of P200. the amount of P5. Marquez advanced the amount from time to time.01. Meneses as a prospective client. Marquez retained the services of Atty. After 1 year. totaling P75. besmirched the name of an honorable profession and has proven himself unworthy of the trust reposed in him by law as an officer of the Court. Melo then gives the rentals to Licuanan. Rivas. After being threatened with another lawsuit. Fernandez. ordering Igdanes to pay the P210 claim and P75 as attorney’s fees.02. says that Atty. then finds out that the money paid by Pineda was with Melo. Mendiola. Morada. Yes.01 and should be penalized accordingly JUDGMENT Suspended for 1 year and to render an accounting of P170. Sarenas 2C . CUNANAN. The acts of respondent in retaining for his personal benefit over a one-year period. P75. It was Melo who demanded payment from Pineda. Licuanan then files this complaint with the Office of the Court Administrator against Melo for breach of professional ethics. W/n Melo should be sanctioned for his acts. 16. Issue: W/N Atty. Gana Lopez. Beron. The judgment ordered Pineda to pay rentals. Meneses for at least 6 months.220). Meneses had gotten all of the P75. to Licuanan. The decision of the Justice of the Peace Court was in favor of Marquez. ATTY RIMORIN fell short of his duty as a lawyer under Canon 16 Rule 16. 16. Atty. He has displayed lack of honesty and good moral character. Issue: Held: 87 MARQUEZ v MENESES Facts: Marquez was introduced by Atty. He has violated his oath not to delay any man for money or malice. Licuanan never got the payments so she filed an administrative complaint against Pineda before the Chief of the Philippine Tuberculosis Society accusing her of moral turpitude. he should be sanctioned.000 86 LICUANAN v MELO Facts: Leonila Licuanan won in an ejectment case against Aida Pineda. Pineda filed an action for damages (on the ground of besmirched reputation and mental anguish) against Licuanan because Pineda believed that she had already paid her debt by paying to Melo. which is disbarment. because those funds properly belong to the latter From the time of the filing of the administrative case until the present. through another lawyer. CUNANAN’S demand for accounting has not yet been satisfied by ATTY RIMORIN Thus. Held: Atty. Marquez received a letter from her brother saying that Igdanes had paid the P75 to the sheriff as partial satisfaction and that Atty. Meneses to claim P50 of the P75 that the latter got. Her counsel in that case was Atty. in arrears and succeeding. considering the fact that the claim was only for P210. He deserves the severest punishment.220 received by him on behalf of his client. the SC disbarred him. Gen. depriving her of its use. Suspension of 1 month. Licuanan. Meneses to prosecute a claim of P210 against Igdanes. In response. In fact. Meneses must return the amount of P50 to Marquez. The Sol. and withholding information on the same despite inquiries made by her. Peralta to Atty. Manuel Melo. It is highly improbable that Marquez would agree to pay P175 as fees to atty. Marquez claims that Meneses was only entitled to P25 of the amount paid because she had already given the Atty. Marquez went to see Atty. Meneses should return the amount. malpractice and gross misconduct in office. and an evident transgression of the Canons of Professional Ethics (16. as corroborated by NOLI in his affidavit The highly fiduciary and confidential relation of attorney and client require that ATTY RIMORIN should promptly account for the said funds which he received and held for the benefit of his client. Gen.000 were received by ATTY RIMORIN for the benefit of and in trust of CUNANAN.
2nd Sem 2005-2006
over. Atty. Meneses should have made an accounting with his client of the amount he received. 88 CASTILLO v TAGUINES Facts: Castillo alleged that Atty. Taguines failed to delver to him P500 representing the monetary settlement of a civil suit between Castillo and Licup. Taguines was the counsel of defendant Licup in the said case, where Castillo was the plaintiff. It was agreed that Licup will give P500.00 for the settlement of the case to Taguines, and Taguines will give the amount to Castillo. For this consideration, Castillo had the case against Licup dismissed. No money was given to Castillo, and the latter only found out in the second week of January ’79 that Licup had already given the money to Taguines since Dec.16, ‘78 Castillo found out when Licup showed him a certification signed by Taguines that the latter received the amount. Taguines defense is that although he received the money from Licup, he never bound himself to go out of his way to personally deliver the money to Castillo or his lawyer, and Taguines said he does not know personally Castillo or his address. Castillo states that Taguines set a date to meet with him but never showed up nor called afterwards. Taguines later on gave Castillo a bouncing check worth P500. Issue: W/N Taguines must be held administratively liable for not delivering the money to Castillo and for “fooling the complainant” by giving a bouncing check. Held: YES. Canon 16 of the Code of Professional Responsibility provides that a lawyer shall hold in trust all money and property of his client that may come into his possession. Rule 16.03 of the same canon provides that a lawyer shall deliver the funds or property of his client when due or upon demand. Taguines is suspended for one year. 89 LEMOINE v BALON FACTS: Lemoine is a French national who filed an insurance claim with Metropolitan Insurance. His friend Jesus Garcia arranged for the engagement of Balon’s services as his counsel Balon advised Lemoine that he was charging 25% of the actual amount to being recovered payable upon successful recovery. An advance payment of P50,000 to be deducted from whatever amount would be successfully collected. P1,000 as appearance and conference fee for each and every court hearing and legal expenses and other miscellaneous will be charged to Lemoine’s account which would be reimbursed upon presentment of account. Lemoine never gave his consent as to the fee. Lemoine signed an undated Special Power of Attorney authorizing Balon to bring any action against Metropolitan Insurance for the satisfaction of Lemoine’s claim as well as to negotiate, sign, compromise, encash and receive payments Metropolitan Insurance offered to settle Lemoine’s claim and Balon confirmed his acceptance of the offer December 1998, Metropolitan Insurance issued a China Bank check payable to Lemoine in the amount of P525,000 which was received by Balon When Lemoine asked Balon as to the status of the case, Balon answered that Metropolitan Insurance was offering P350,000 for settlement which Lemoine suggested that Balon accept to avoid litigation December 1999, Lemoine visited the office of Metropolitan Insurance to ask on the status of the case and it answered that the case was long settled via a check given to Balon. Balon acknowledge that he is in possession of the check and that he is keeping the check as attorney’s lien pending Lemoine’s payment of his attorney’s fee equivalent to 50% of the entire amount collected. He also threatened Lemoine that he will not hesitate to make proper representation with the Bureau of Immigration and Deportation, DOLE and BIR if Lemoine will make any trouble to Balon and that he has good network with the mentioned agencies. Balon later claimed that he gave P233,000 to Garcia on the representation of Lemoine. No written memorandum of the turn-over was made because Garcia was a co-Rotarian and co-attorney of Balon Balon was in possession of the said check for 5 years ISSUE: W/N Balon violated the Code of Professional Responsibility HELD: YES! And he was ordered disbarred by the SC The lawyer’s continuing exercise of his retaining lien presupposes that the client agrees with the amount of attorney’s fees to e charged. In case of disagreement, however, the lawyer must not arbitrarily apply the funds in his possession to the payment of his fees. He can file the necessary action with the proper court to fix the fees Before receiving the check, he proposes a 25% attorney’s fees, after receiving the check, he was already asking for 50%. under the Code of Professional Responsibility, a lawyer shall not engage in unlawful acts , must observe fairness
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
2nd Sem 2005-2006
in all his dealings with his client and must hold in trust all moneys and properties of his client a lawyer who practices deceit in his dealings with his client not only violates his duty of fidelity loyalty and devotion to the client’s cause but also degrades himself and besmirches the name of an honorable profession.
90 MELENDRES v DECENA Facts: (1st cause of action) • Aug. 5, 1975: Complainants (spouses Erlinda Dalman & Narciso Melendrez) obtained from Atty. Reynerio Decena (Decena) a loan of P4K. This loan was secured by a real estate mortgage. • It was made to appear in the REM that the amount borrowed was P5K. Decena assured the spouses that the REM was a mere formality, and due to this assurance the spouses signed the REM. • Despite the assurance, Decena collected from the spouses P500/month as usurious interest. The spouses paid such usurious interest for 3 months. • Because of their failure to pay the amounts, Decena drafted a new REM o New contract of mortgage in the amount of P10K with interest at 19%/annum o A special power of attorney authorizing Decena to sell the mortgaged property in public auction • Spouses never knew the implications of the new REM. They failed to pay their obligation and so Decena acquired their property in pulic auction and later sold it to Trinidad Ylanan for P12K • Spouses then went to Decena with P10K in the hopes of getting their property back. Decena then informs them that their debt has soared to P20.4K. • With shattered hopes and grief in their hearts (andrama!), the spouses filed this case for disbarment. (2nd cause of action) • Spouses filed a case for estafa against Reynaldo Pineda for recovery of P2K • Decena entered into a compromise agreement with Pineda. Pineda then paid P500 to Decena. This settlement was never brought to the attention of the spouses nor were they ever consulted about such. Issue: • Held: • W/N Decena’s acts show gross misconduct and should therefore be disbarred Yes, Decena shall be disbarred The acts of Decena as to the 1st cause of action constitute deception, dishonesty and conduct unbecoming a member of the bar. As to the 2nd cause of action, Decena clearly failed to get the consent of the spouses before entering into a compromise. Decena also failed to inform the spouses or turn over to them the P500 given to him by Pineda as downpayment for the settlement of the case. Decena’s failure to turn over to the spouses the money underscores his lack of honesty and candor in dealing with his clients
91 JUNIO v GRUPO FACTS: Rosario Junio engaged the services of Atty. Salvador Grupo for the redemption of a land belonging to her parents. She gave P25,000 to be used in the redemption, yet Atty. Grupo did not redeem the property and has continuously refused to refund the money given. Junio filed a complaint for disbarment for malpractice and gross misconduct Attu. Grupo contends that the land could really not be redeemed anymore, and that since Junio knew that the mortgage has already expired, she knew that it was just a last ditch effort to redeem the property. Atty. Grupo then borrowed some of the money for himself to help defray his children’s educational expenses. (personal request evidenced by a PN executed in favor of Junio – Atty. Grupo contends that their families were really very close and intimate with each other – Junio’s sisters were maids of Atty. Grupo…) Atty. Grupo claims that there was no atty-client relationship and further contends that he did not ask for any fee, not even charity. He claims that his services were just acts of a friend for a friend. (he claims that he is willing to pay, though) IBP found that Atty Grupo violated a rule forbidding lawyers from borrowing money from their clients unless the client’s interests are protected by the nature of the case or by independent advice and suspended him
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
2nd Sem 2005-2006
indefinitely. what he violated was the rule that a lawyer is bound to observe candor, fairness and loyalty in all his dealing and transactions with his client. And that Atty Grupo did Not violate Rule 16 because Junio consented to and ratified to the use of the money, as evidenced by the PN. The court is constrained to give credence to Atty. Grupo’s claims that the money previously entrusted to him was later converted into a loan ISSUE: WoN Atty. Grupo violated Rule 16? HELD: YES RATIO: What he violated was the rule that a lawyer is bound to observe candor, fairness and loyalty in all his dealing and transactions with his client. ( he did not give security for the loan and he refused to pay the amount)And that Atty Grupo did not violate Rule 16 because Junio consented to and ratified to the use of the money, as evidenced by the PN. The court is constrained to give credence to Atty. Grupo’s claims that the money previously entrusted to him was later converted into a loan But in the dispositive portion, sabi he violated… so ayun. As to the contention that no atty- client relationship exists: it is not necessary that any retainer should have been paid. All is needed is when a person consults with his atty in his professional capacity to obtain professional advice. Atty Grupo is suspended from practice of law for 1 month and to refund the money 92 BUADO v LAYAG Facts: Herein complainant Lising and her sister Rosita de Guzman ( mother of herein complianat Susana Buado) were the plaintiffs in a civil case which was decided in favor of the plaintiffs. Atty Layag represented the said plaintiffs in that case. Inland Trailways, the defendant in that case, issued checks: (1)payable to Atty Layag for P15,000 (2) payable to Lising for P30,180 (3) payable to De Guzman, who had by then passed away (for P45,000). The checks were received by Atty Layag. Atty Layag did not inform the plaintiffs about the checks. Instead he gave the checks to one Marie Paz Gonzales for encashment on the strength of a Special Power of Attorney, purportedly executed by De Guzman constituting Gonzales as agent. After discovering that checks have already been issued, Lising and Buado, as heir of De Guzman demanded the delivery of the checks. Gonzales, the agent gave Lising P10,000. No furhter amounts were remitted. Issue: W/n Atty Layag's act of delivering the checks to Gonzales, the purported agent, constitutes malpractice... Held: YES. As a lawyer, with more than 30 years in practice, respondent is charged with knowledge of the law. He should know that it was error for him to rely on a Special Power of Attorney after the death of the principal, De Guzman. When De Guzman died, the Special Power of Attorney ceased to be operative. With respect to the check payable to Lising, Atty Layag should have delivered it directly to Lising. The Power of Attorney did not cover Lising's case. He is therefore, suspended indefinitely, subject to further orders by the SC. 93 DALISAY v MAURICIO Facts: This is the case against “Batas” Mauricio, the TV host. Allegedly, Mauricio demanded and received exorbitant attorney’s fees but did not take any action on Valerina Dalisay’s case. Initially, she paid P25T as acceptance fee. In total, she paid Mauricio P56T: P8T filing fee (though the case was already filed) the balance might be a combination of the ff: o Additional acceptance fee P90,000.00, with the explanation that he can give a discount should she pay in cash. o P3,000.00 as appearance fee notwithstanding her payments, respondent never rendered any legal service. She terminated their attorneyclient relationship and demanded the return of her money and documents. Mauicio refused. The IBP Board of Governors wanted to dismiss the case.
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
Just like any other professional. it was understood that he agreed to take up the latter’s case and that an attorney-client relationship between them was established. it was expected of him to serve complainant with competence and attend to her case with fidelity. However. Calinisan.” when a lawyer takes a client’s cause. The penalty of 1-year suspension recommended by the IBP is not commensurate to the fault done. Rivas.00 from complainant. care and devotion. When respondent accepted P56. HERNANDEZ engaged the legal services of ATTY GO ATTY GO advised HERNANDEZ to give him land titles of lots in Zamboanga City belonging to her so that he may sell them to enable her to pay the creditors Then. Morada. Pagatpatan was counsel for the Morteras. As counsel he: owes candor to his clients. Gana Lopez. He did not even follow-up the case which remained pending up to the time she terminated his services. Morteras filed an action because Pagatpatan refuses to surrender the money despite the successive Orders of the RTC and CA. he should charge only a reasonable amount of fees. No. he is bound to give prompt notice to his clients of such liens and to deliver the funds to them upon demand or when due. his actions are inexcusable. Pagatpatan failed to observe Canon 15 and 16 of the Code of Professional Responsibility. Mendiola. After judgment was rendered. in his personal account without the knowledge of the Morteras. Sarenas 2C . But there is nothing on record that Mauricio entered his appearance as counsel of record.000. He should be suspended for 6 months. 95 HERNANDEZ v GO FACTS Sometime in 1961. and 2 other persons—Aguilar and Bradfield—for the rescission of a contract of sale. 94 MORTERA v PAGATPATAN Facts: The Morteras sued their mother. is bound to account whatever money received for and from them. Beron. Several factors warrant a more severe penalty: Considering that Pagatpatan is a seasoned practitioner. HERNANDEZ’S husband abandoned her and her son Shortly thereafter. although he is entitled to a lien over the funds in order to satisfy lawful fees. Regarding the P8T: (allegedly as docket fees for other cases): “there was no evidence nor any pleadings submitted to show that respondent filed any case considering that the filing fee had to be paid simultaneously with the filing of a case. by Pagatpatan. The claim that he need to protect his interests since there were other people claiming the money from the Monteras was not proved. and that he wouldn’t be paid if he did not do what he did. is obligated to keep his own money separate from his clients and. and utter contempt of his sworn duty as a lawyer. This money was later deposited.LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 W/N the case against Mauricio should be dismissed. a lawyer is entitled to collect fees for his services. he covenants that he will exercise due diligence in protecting his rights. Counsel’s actions were clearly tainted with bad faith. Pagatpatan is ordered to return the P150k and is suspended for 2 years. Pagatpatan’s defense is that the Morteras and their mother owed him money for services he previously rendered the family. ATTY GO persuaded HERNANDEZ to execute deeds of sale in his favor without any monetary or valuable consideration ATTY GO also persuaded HERNANDEZ to execute deeds of sale involving the other lots in Zamboanga City which Anastacio. From then on. Fernandez. They secured a favorable judgment in which they are to receive P155k. he entered into a secret agreement with Aguilar where he received P150k as partial payment of the judgment sum. Counsel tried to subvert both law and proper procedure to recover his fees. creditors of HERNANDEZ’S husband demanded payment of his loans Fearful of mortgage foreclosures. deceit. Issue: Should Pagatpatan be held administratively liable? What is the proper penalty? Held: Yes.
Ibadlit received the notice of the decision but he opted not to file an appeal. In the full discharge of his duties to his client. The CA decided that the Appellant’s Brief does not contain a Subject Index or a Table of Cases and Authorities. Tango noticed this flaw of the Brief and immediately moved for the dismiss of De Liano’s appeal. He must use all his learning and ability to the end that nothing can be taken or withheld from his client except in accordance with the law. Ibadlit only filed the notice of appeal after the reglementary period for appeal. His failure to perfect an appeal within the prescribed period constitutes negligence and malpractice proscribed by Rule 18. a forbidden act. a dereliction of duty. Morada. Mendiola. she entrusted to him her land titles and allowed him to sell the same o ATTY GO. Atty. of the Code of Professional Responsibility which provides that "a lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable. Their counsel. CA – Mendiola Facts: The prior case involves the cancellation of 2 real estate mortgages in favor of San Miguel executed by Tango. the lawyer should not be afraid of the possibility that he may displease the judge or the general public. This statement was refuted by the testimony of Proculo saying that he was not given such info." Issue: Held: 97 DE LAINO v CA De Liano vs. the Court disbarred and expelled lawyers from the practice of law in similar circumstances. warmth and zeal in the defense of his rights. Calinisan. willful in character and implies a wrongful intent and not a mere error in judgment o Such conduct on the part of ATTY GO not only degrades himself but also the honor of the legal profession ATTY GO violated Canon 17 o Records show that HERNANDEZ reposed high degree of trust and confidence in ATTY GO that when she engaged his services. the penalty recommended by the IBP is too light JUDGMENT ATTY GO is disbarred 96 REONTOY v IBADLIT Facts: Corazon Reontoy lost a decision in a civil case in the RTC with Atty. De Liano appealed the decision to the CA. Reontoy also said that he would never authorized Proculo to represent her to the court or to her lawyer because Proculo was unlettered. Anastacio.03. thus. a grievous wrong. The prior case was decided against SMC. Rivas. to inform Reontoy of his opinion that he did not think that an appeal would prosper. Proculo Tomazar. and that these lapses justify the dismissal of the appeal. Ibadlit is suspended for 1 year. Beron. Fernandez. W/n Ibadlit should be sanctioned. SC says yes. Obviously. abused this trust and confidence when he did not sell her properties to others but to himself o ATTY GO is duty bound to render a detailed report to HERNANDEZ on how much he sold the lots and the amounts paid to her creditors but failed to do so In previous cases. He must present every remedy or defense within the authority of the law in support of his client's cause. Gana Lopez. A lawyer has no authority to waive his client's right to appeal. Canon 18.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE HELD RATIO were redeemed by HERNANDEZ when their mortgages fell due In 1974. depriving her of real property worth millions HERNANDEZ filed a complaint with the IBP IBP: ATTY GO violated Canon 17 and should be suspended for 3 years W/N ATTY GO SHOULD BE REPRIMANDED YES. regardless of his own personal views. A lawyer owes entire devotion in protecting the interest of his client. the appeal was instantly dismissed. HERNANDEZ came to know that ATTY GO did not sell her lots as agreed but instead he paid her creditors with his own funds and had her land titles registered in his name. FOR VIOLATING CANONS 16 AND 17 ATTY GO violated Canon 16 o His acts acquiring for himself HERNANDEZ’S lots entrusted to him are acts constituting gross misconduct. Afable filed an Appellant’s Brief which failed to comply with the Rules of Court. He says that he informed Reontoy’s brother. Sarenas 2C . De Liano was a senior executive of SMC. however. Liberato Ibadlit as her counsel.
These technical rules like the inclusion of the “statement of facts” or the “subject index” in the brief are meant to enable the appellate court to have a better grasp of the matter entrusted to it for appraisal. A corporation is an artificial being whose juridical personality is only a fiction created by law and it can only exercise powers and transact its business through its board of directors and its agents.LEGAL ETHICS 2nd Sem 2005-2006 De Liano asserts that the CA erred in declaring that the appeal be dismissed on the basis of the lapses in complying with the technical requirements in making of brief. Afable was clothed with sufficient authority to bind SMC is undisputable. Afable may be said to be SMC’s counsel. a certain Lilia Castillejos represented herself as Tabas and appeared before Mangibin. Relevant to the topic: Generally. Mangibin was negligent in performing such duty. This enabled Galvan to mortgage the property again. Mangibin should have requested other forms of identification or asked questions to ascertain her identity. Fernandez. making it admissible in court without further proof of its authenticity. Calinisan. The deed of mortgage was registered in the Register of Deeds of La Union. SMC’s board resolution attests to that. His notarial commission is revoked and he is disqualified from reappointment as notary public for 2 years. Santuyo had a dispute with Danilo German over the ownership of the land Germen presented an affidavit of Hidalgo denying the authenticity if his signature on the deed of sale and that it was forged Santuyo argued that: o The deed of sale contained all the formalities of a duly notarized document o They had no access to the dry seal of Hidalgo Hidalgo on the other hand claimed that: Anastacio. and the public must be able to rely upon an acknowledgement by a notary public appended to a document. this time to a rural bank Tabas informed Mangibin that her signature in the questioned discharge of REM was forged but Mangibin did nothing to help. Afable. A notary public should not notarize a document unless the person who signed the same is the very same person who executed and personally appeared before him to attest to the contents and truth of matters stated in the document. the negligence of the counsel binds the client. Rivas. Sarenas 2C . Held: YES. It converts a private document into a public one. Gana Lopez. 98 TABAS v MANGIBIN Facts: A deed of mortgage was delivered to Hilda Tabas evidencing a real property in La Union that was mortgaged to her by Galvan. and that he had no available means of ascertaining their real identities. SMC must be held bound by the actuations of its counsel. Tabas filed this complaint for disbarment. Even if Atty. Mangibin admitted that the discharge of REM was a forgery but interposed the defense that it was beyond the scope of his duty to ascertain the identity of persons appearing before him. Subsequently. who was a notary public. Held: The dismissal of the brief was proper. That Atty. Notarization is invested with public interest. It is to this end that rules governing pleadings must be exercised in the manner prescribed by law. this does not operate in favor of De Liano. Mangibin violated the Notarial Law and Canon 1. Courts. He even threatened to file a counter suit against her if she files a case against him. Issue: W/N the dismissal of the Appeal was proper. Morada. thus. Mangibin prepared the discharge of real estate mortgage without asking Castillejos for anything to serve as identification except for a Community Tax Certificate (CTC). administrative agencies. Atty. Issue: W/N Mangibin should be held administratively liable for negligence in the performance of his duty as a notary public to ascertain the identity of the person appearing before him. Mendiola. Such document is by law entitled to full faith and credit upon its face. As such. Beron. All appeals are merely rights that arise from statutes. they must be exercised in the manner prescribed by law. and asked the latter to prepare a discharge of the mortgage and to notarize it afterwards. 99 SANTUYO v HIDALGO FACTS: Santuyo purchased a parcel of land covered by a deed of sale which was notarized by Hidalgo and was entered in his notarial register 6 years after the date of notarization.
Oca failed to submit any affidavit or position paper. Rivas. Oca cannot just appear only once for the spouses. Mendiola. Hidalgo should have been more discreet and cautious I the execution of his duties as such and should not have wholly entrusted everything to the secretaries. 100 ENDAYA v OCA Facts: A complaint for unlawful detainer was filed against Artemio Endaya and his wife. the complaint for unlawful detainer was dismissed because those who filed the case were not reall parties-in-interest. o The PAO is burdened with a heavy caseload. judgment shall be rendered on the case. Oca put up the defense that he did not file any paper in the MCTC because it would just be a repetition of the answer. Endaya confronted Oca about the decision. Ramirez for the spouses. Hence this administrative complaint. A lawyer continues to be a counsel of record until the lawyerclient relationship is terminated. At the continuation of the prelim conference. Fernandez. At the beginning of the preliminary conference. The court also said that 30 days after the submission of the last paper or upon expiration of the period for filing. Nonetheless. Oca’s story shows his appalling indifference to his clients’ cause. Oca failed to submit anything again. Suspended for 2 months from practice of law. respondent practically closed the door to the possibility of putting up a fair fight for his client. Guess what. Facts to show may problema talaga to si Atty. Oca only appeared once in the MCTC and practically abandoned the spouses thereafter. Spouses were ordered to vacate the property and pay a certain amount for rentals. o SC ordered Oca to file a rejoinder. Gana Lopez. Endaya filed his reply which just reiterated what he put in his complaint. Oca once again failed to submit anything. Bakit hindi disbarred? o Endaya misrepresented that the original answer was prepared by a non-lawyer when in fact it was prepared by a lawyer o Endaya assured Oca that he had strong evidence to support their case. Atty. Endaya never gave anything to Oca to support their claim. Hidalgo is negligent not only in the supposed notarization but foremost in having allowed the office secretaries to make the necessary entries in his notarial registry which was supposed to be done and kept by him alone and should not have relied on somebody else. For intentionally failing to submit the pleadings required by the court. Oca feigned that he did not receive anything. Endaya sought the services of the Public Attorney’s Office. The facts show that Oca failed to employ every legal and honorable means to advance the cause of his client. Upon checking with the clerk of court. W/N Oca committed professional misconduct Yes. Motion was denied. Sarenas 2C . Morada. Calinisan. Oca was assigned to handle the case. RTC reversed the MTC decision. The judge then ordered all parties to submit their affidavits and position papers. Oca once again failed to file anything.LEGAL ETHICS o o o 2nd Sem 2005-2006 ISSUE: HELD: He was on vacation at the time that the deed was allegedly notarized An examination of the document will prove that his signature was forged He would have remembered Santuyo for he requires that the parties exhibit their community tax certificates and made them personally acknowledge the documents before he notarize documents IBP: the signature was really forged but Hidalgo must be suspended for 2 years as a notary public W/N Hidalgo must be suspended YES! The responsibility attached to a notary public is sensitive. o In the IBP investigation. spouses appeared without counsel. deplorable lack of respect for the courts and a brazen disregard of his duties as a lawyer. Oca: o In his comment. Oca did indeed receive a copy of the decision (liar!). An answer was prepared by a Mr. Beron. The case was appealed to RTC. Oca filed motion for amendment of answer. Oca explained that he failed to file a rejoinder because he believed in good faith that it was no longer necessary. Issue: Held: 101 DE JUAN v BARIA III FACTS: Anastacio.
103 CUIZON v MACALIN Facts: The legal services of the Atty Rodolfo Macalino was sought by the Susan Cuizon in behalf of her husband Antolin Cuizon who was convicted for Violation of Dangerous Drug Act. Rule 18. In spite of everything. After that. who worked with BBC offering free legal services to indigents became the counsel of de Juan in the NLRC case against Triple AAA for illegal dismissal. 3. Edquibal followed up the appealed case. He then offered to buy. He claimed that he never agreed to handle the appeal. gusto nya kasuhan ng libel kasi may sinabing bad against him) ISSUE: WoN Atty. she asked Atty Baria as to what to do next. Beron. he alleges that De Juan pocketed the money that Triple AAA has already paid off. he still failed to appear in the case of Antolin Cuizon. Atty. Atty. even if this happened during the early 90’s). and bought it for only P85T. Gana Lopez. Baria told de Juan and the husband "wag na tumawag uli dahil galit.. Baria can be administratively charged? HELD: Yes. was received by him. Also. May incident pa re: Raffy Tulfo (pero d na kelangan un. the lawyer owes fidelity to such cause and must be mindful of the trust and confidence reposed in him. Morada. The Cuizon’s got another attorney. iha eh hindi ako marunong gumawa ng Motion for Reconsideration?" and the secretary of Atty. HELD: YES. 2. Atty Ferrer then advised complainant to appeal to the CA and that the cost involved is P4. The new lawyer. Suspended for 3 mos. Edquibal engaged the services of Ferrer to assist his mother Ursula in cases she filed against his sister Delia involving a certain property. ISSUE: W/n Atty Ferrer is guilty of professional misconduct.". the NLRC decision was reversed... which made him lose his appeal. BAria contends that he forewarned his client not to expect too much from him because of his limited legal experience since he was a new lawyer. RATIO: 1..03 provides that the negligence of lawyers in connection with legal matters entrusted to them for handling shall render them liable.. Atty replied "Paano ba yan. Rivas. Mendiola. Anastacio.. Sarenas 2C . All that is required is ordinary diligence expected of a bonus pater familias. If it were true that Atty Ferrer did not agree to represent Edquibals. the trial judge rendered a decision adverse to his mother. Without a proper revocation of his authority and withdrawal as counsel. Respondent Atty Ferrer denied that he filed an appeal. Atty Baria remains counsel of record and whether or not he has valid cause to withdraw from the case. he cannot just do so and leave his client out in the cold.000 is sufficient. Calinisan. Since they cannot pay. Records show that respondnet was the counsel of record for Edquibal. Sec2 rule 44 of the Rules of CivPro provides that the counsel of the parties in the court of origin shall be considered their counsel in the CA. Atty ferrer said P2. When complainant Edquibal informed respondent Atty Ferrer that he does not have enough money. why did he not file with the CA a motion to withdraw as their counsel? The practice of law does not require extraordinary diligence. Oscar Barria III. (Too cheap. he suggested that he be given possession of their Mitsubishi car. He then learned that the appeal was dismissed for failure to file the required appelant's brief. The resolution of the CA clearly states that the "notice sent to counsel for defendants-appelants requiring him to file appelants brief wihtin 45 days from receipt thereof. However.LEGAL ETHICS 2nd Sem 2005-2006 Emma de Juan dwas dismissed by Triple AAA without notice. 102 EDQUIBAL v FERRER FACTS: Edquibal charged Atty Ferrer with professional misconduct and neglect of duty. Fernandez.." De Juan charged Atty Baria with negligence and threats to her person. Baria accused de Juan that she lied re: her employment. Once a lawyer agrees to take up the cause of a client. When an adverse NLRC decision was rendered against de Juan. respondent failed to file the appellants' brief despite receipt of such notice. In one of the cases.000. and Atty. She asked for the assistance of Banahaw Broadcasting Company (BBC) to search for a lawyer.
Baria III abandoned the cause of his client without a just reason. Beron. it is incumbent upon him to familiarize himself with the procedure to carry out such task. this cannot absolve him. In sum. It is his duty to serve his client with competence and diligence and should exert his best efforts to protect the interests of his client. filing a motion for reconsideration is not that complicated. Once a lawyer agrees to take up the cause of a client. Though he did inform his client of his lack of experience. De Juan blamed Baria III for the reversal of the decision. it is a lawyer’s duty to uphold the dignity and authority of the court. The highest form of respect for judicial authority is shown by a lawyer’s obedience to court orders and processes. Atty Baria III was her counsel. Negligence of lawyers in connection with legal matters entrusted to them for handling shall render them liable (Canon 18 Rule 3). She said that she only came to know of the reversed decision a month after it was promulgated. which he did not pay. Sarenas 2C . His excuse that he did not know how to make one is inexcusable. He further averred that it was De Juan’s negligence and folly that caused her to lose the case. he advised De Juan to get a more experienced lawyer. A lawyer is expected to be familiar with the rudiments of the law and procedure. And when her husband called the office of the lawyer. After his client expressed her desire to file such motion. that would warrant disciplinary action. So he remained De Juan’s counsel in the case. He was warned and fined in the amount of P5k. He was ordered to be arrested by the NBI. Fernandez. Issue: Whether Baria III committed culpable negligence. By his repeated cavalier conduct. he no longer resided in his place) The IBP wanted to suspend him for 3 years. He did not obtain the written consent of his client or the permission of the court to withdraw from the case. A lawyer may only abandon his client and withdraw his services for a reasonable cause and only upon appropriate notice. Calinisan. the respondent exhibited an unpardonable lack of respect for the authority of the Court As an officer of the court. and was fined by the SC for P1000. And when the NLRC reversed the decision of the Labor Arbiter. together with her SON.03. Anyway. Morada. went to the office of ATTY NARAVAL to seek his assistance in a case filed against her (Collection of Sum of Money) Anastacio. the latter said that he did not know how to make a Motion for Reconsideration. and his negligence in connection therewith shall render him liable. Baria III’s defense was that he forewarned his clients that he was just new in the profession and that they should not expect much from him. Macalino should be sanctioned. And that he received death threats after De Juan’s husband called their office and gave a warning to his secretary. 104 DE JUAN v BARIA III Facts: De Juan was an employee of Triple AAA. 105 ROLLON v NAVAL FACTS ROLLON. And when she asked counsel what to do. Baria III asserts that he did not commit any breach of his oath and that he has vigorously pursued his client’s cause. the decision was reversed. the secretary told them not to talk with said counsel anymore. He also cited that he was lambasted on air by a radio announcer--Raffy Tulfo. A lawyer should carry the case of his client until its termination or until it has become final and executory. The Labor Arbiter rendered a decision in favor of De Juan. He also claimed that did not fail in informing his clients regarding the development of the case. in failing to file for De Juan motion for reconsideration from the decision of the NLRC. who was not able to serve the warrant against him (allegedly. Based on a performance evaluation she was terminated. Mendiola. Gana Lopez. Rivas. De Juan filed a case for illegal termination against the company. Among the fundamental rules of ethics is the principle that an attorney who undertakes to conduct an action impliedly stipulates to carry it to its conclusion The respondent clearly breached his obligation under Rule 18. Baria III did fail to file a motion for reconsideration. He should be DISBARRED and not just suspended. Held: Yes. W/N Atty. When the company appealed to the NLRC. Canon 18 of the Code of Professional Responsibility which provides: A lawyer shall not neglect a legal matter entrusted to him.LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 He (Macalino) was sanctioned by the lower courts. There was no proper revocation of authority and withdrawal by Baria III. he owes fidelity to such cause and must be mindful of the trust and confidence reposed in him.
Aguirre ordered ILCOPHIL to post a bond to stay the execution of the decision and ordered a trial to determine the correct amount of backwages and benefits to be awarded to Miraflor. They may decline employment and refuse to accept representation. 17 and 18 of the Code of Professional Responsibility and is hereby SUSPENDED from the practice of law for a period of two (2) years. Canon 18 of the Code of Professional Responsibility mandates that "a lawyer shall serve his client with competence and diligence. Gana Lopez.000 as filing and partial service fee As per instruction of ATTY NARAVAL. ROLLON’S SON returned to his office to follow up however ATTY NARAVAL told the SON that he was not able to act on the case because he was busy After several follow-ups and still no action. records show that after receiving P8. Fernandez. until fully paid. Juan Hagad. 17 & 18 Ordinarily. from October 18. Phils. through Atty. Mendiola. As counsel for ILCOPHIL. Hence.000. which was affirmed by the Office of the President (OP). Jose Aguirre. In the case at bar. Morada. care and utmost devotion. 106 MIRAFLOR v HAGAD Facts: Issue: Held: Nilo Miraflor. Aguirre lowered the amount adjudged by the OP (from 27k to 14k). effective upon his receipt of this Decision. within thirty (30) days from notice of this Decision. But once they agree to handle a case. after going through her papers. he is ORDERED TO RESTITUTE.000 paid by ROLLON because he has no money ROLLON decided to refer the matter to the IBP President of Davao City INVESTIGATING COMMISSIONER: suspend for 1 year for neglect of duty and/or violation of Canons 15 and 18 IBP BOARD OF GOVERNOR’S RESOLUTION: suspend for 2 years for violation of Canons 15 and 18 and restitution of P8. ROLLON decided to withdraw the amount paid to ATTY NARAVAL for failure of the latter to comply with their mutual agreement ATTY NARAVAL said that he could not return the documents because the same were in his house and the P8. filed a motion for reconsideration.05 and Canons 16. skill and competence. complainant’s eight thousand pesos (P8.05 AND CANONS 16. issued a writ of execution to enforce the decision of the OP. ATTY NARAVAL should have given ROLLON a candid opinion on the merits and status of the case. Acceptance of money from a client establishes an attorney client-relationship and gives rise to the duty of fidelity to a client’s cause. (ILCOPHIL) for illegal dismissal. their clients would be prejudiced. ATTY NARAVAL agreed to be ROLLON’S lawyer and required her to pay P8. Otherwise. attorneys are required by the Canons of Professional Responsibility to undertake the task with zeal.000). with the help of Primo Miraflor.LEGAL ETHICS ISSUE HELD RATIO 2nd Sem 2005-2006 After going through the documents.000 as filing and service fee giving her hope that her case would be acted upon. And every case accepted by a lawyer deserves full attention. The Minister of Labor and Employment initially denied the petition but the NLRC reversed the ruling. Apparently. the civil suit against ROLLON had been decided against her and had long become final executory. Furthermore. Respondent Atty. at the rate of six percent per annum. 2000. plus interest thereon. diligence. Mirfalor now complains to the SC that the respondent-lawyers conspired to thwart the execution of the decision of the OP which may constitute malpractice. gross misconduct or violation of the lawyer’s oath. JUDGMENT Atty." Anastacio. Respondent Atty. ILCOPHIL. Eventually. ATTY NARAVAL withheld such vital information from ROLLON and even demanded P8. lawyers are not obliged to act either as advisers or as advocates of any person who may wish to become their client. SC says YES. FOR VIOLATION OF RULE 15. Beron. Calinisan. W/n Aguirre and Hagad acted properly as lawyers. as the Executive Labor Arbiter. filed a complaint against Insular Lumber Co. ATTY NARAVAL failed to return the files of the case that had been entrusted to him and kept the money ROLLOON had likewise entrusted to him Furthermore. However. Camilo Naraval is found GUILTY of violating Rule 15. ATTY NARAVAL failed to render any legal service to ROLLON and despite ROLLON’S repeated demands. he has the duty to pursue with zeal and dedication the best interests of his client and the filing of the motion for reconsideration was well within the scope of his authority and prerogatives as such counsel. practicing lawyers may accept only as may cases as they can efficiently handle. if they are not in a position to carry it out effectively and competently. Hagad can never be faulted for having filed said motion for reconsideration.000 W/N ATTY NARAVAL SHOULD BE REPRIMANDED YES. Rivas. Sarenas 2C .
except for their unsubstantiated allegations.. including the presumption that the accused was not denied the right to have counsel. 2. Thus the appeal was dismissed. and 7.LEGAL ETHICS 2nd Sem 2005-2006 With respect to respondent Atty. and 7despite the fact that the prosecutor only presented evidence on count 4. Prieto was found guilty on count 4. He must employ only fair and honest means to attain the lawful objectives of his client. acted maliciously in allowing ILCOPHIL to file the questioned motion for reconsideration. 129 and with the Interim Rules and Guidelines. 5. 1. Beron. 3. Jr. However. Co. his explanation is reasonable and satisfactory. The CA also dismissed Co’s appeal from the RTC decision for failure to comply with BP Blg. Rivas. 108 MILLARE v MONTERO Millare v Montero Facts: This is a disbarment proceeding against Atty. Calinisan. His guilt in count 4 is maintained and the penalty imposed is reclusion perpetua due to aggravating (torture) and mitigating (plea of guilt) circumstances. 3. Montero is also guilty of forum shopping. Aguirre was merely complying with the presidential directive to have a further adjudication on Nilo's salary differentials and other benefits due him. 6. Sarenas 2C . In short. Montero Pacifica Millare. 109 PHIL LAND v CEBU PORTLAND FACTS: PLASLU asked the Court of Industrial Relations to order Cebu Portland to pay overtime compensation and differentials due to them under the RA 1880 or the 40 Hours a Week Law. appointed by the trial court to aid Prieto in his defense expressed reluctance to accept the designation (because he did not sympathize with Prieto’s cause) is not sufficient to overcome the presumption. Aguirre. and 7. The Company argued that the sucurity guards are not under the said law and thery are not entitled to additional compensation Anastacio. and SC for the purpose of delaying the execution of judgment by MTC. appealed the decision to the RTC. Co should have filed a petition for review and not an ordinary appeal. 2. Morada. de officio that he would like to be relieved for obvious reasons. The fact that the atty. After the dismissal. Issue: W/N Millare should be disbarred for violating Canons 12 and 19 Held: Montero is suspended for one year. a lawyer is not a gun for hire. Co’s counsel filed four more defective and dilatory petitions before the RTC. Jr. She neither filed a supersedeas bond nor paid the rentals adjudged by the MTC. the judgment of the MTC had already become final and executory. considering the number of actions he filed. As a matter of fact. Held: Prieto was not denied the right to counsel. through Montero as counsel. According to CA. The court also finds the Prieto is not guilty of counts 1. The statement of the counsel in the court below did not necessarily imply that he did not perform his duty to protect Prieto. the mother of complainant. Mendiola. The appeal from MTC to RTC was sufficient to protect Co’s interest and fully ventilate her defenses. He must not allow his client to dictate the procedure in handling the case. Complainants. obtained a favorable judgment from the MTC which ordered Co to vacate the premises subject of the ejectment case. 107 PEOPLE v PRIETO Facts: Prieto was prosecuted in the People’s Court for 7 counts of treason. Fernandez. Aguirre. CA. never offered any satisfactory evidence to warrant the conclusion that Atty. Prieto seeks the reversal of the conviction alleging that the court failed to appoint another counsel de officio to him in "spite of the manifestation of the atty." Issue: W/N Prieto was denied the right to counsel. The court places reasonable presumption in favor of the legality and regularity of all the proceedings of the trial court. because of lack of evidence. His explanation that he "merely complied with due process by granting the respondent company ILCOPHIL an opportunity to present evidence relative to its claim that complainant (Nilo Miraflor) had gainful employment during the time he was dismissed" is well taken. Gana Lopez.2. in allowing said motion for reconsideration. Atty. Canon 19 requires a lawyer to represent his clients within the bounds of the law. He entered a plea of guilty on counts 1. and made a plea of not guilty on counts 4. 3.
Guba(for plaintiffs) and Atty. Deiparine acquired the whole lot through purchase from Tomas Raga. o Vicenta Bucao and Tomas Raga acquired land in Cebu. Rivas. The stipulation was only signed by Atty. no proper indications and markings on the wheels. Issue: Held: 111 PHIL WHEELS v FASGI PHIL ALUMINUM WHEELS.100 wheels after restoring to FASGI the purchase price via 4 irreovable letters of credit. Morada. without special authority. the CFI rendered decision in favor of the defendants (that Deiparine owns the whole lot). compromise their client’s litigation. Mendiola. 110 CABALLERO v DEIPARINE Caballero v. It amounts to fraud. Attorneys cannot. defendants (Raga’s) are the children by the second marriage of Vicenta Bucao. not fitted to the automobiles. The conduct of Atty. Sarenas 2C . PLASLU filed a petition to reopen the case CIR: denied the motion to reopen the case ISSUE: W/N the court can reopen the case after it has long been final and executory HELD: NO! It has been settled that clients are bound by the acts and even mistakes of counsel in procedural techniques. Gana Lopez. From the stipulation of facts. Land was never transferred thru title. According to PLASLU. ¼ of this land was sold to Antonio Caballero (one of the plaintiffs). The stipulation of facts which was made the basis of the decision was null and void as it contained serious unauthorized admissions against the interest of the plaintiffs who had no hand in its preparation.LEGAL ETHICS 2nd Sem 2005-2006 CIR: PLASLU are not within the coverage of RA 1880 After 2 years form the decision of the CIR. Guba in entering into a compromise agreement without the knowledge and consent of his clients is not in keeping with the sworn duty of a lawyer to protect the interest of his clients. Davide(for respondents). Beron. Deiparine Facts: There was a stipulation of facts stating the following: o Plaintiffs are the children by the first marriage. o Later on. PLASLU through their new counsel made ot of record that their former counsel was not authorized by them to enter into stipulations of facts. INC v FASGI FACTS: FASGI and PAWI entered into a distributorship contract wherein PAWI obligated itself to ship wheels for FASGI (foreign company) FASGI paid PAWI the FOB value of the wheels but later found the shipment to be defective and in non-compliance with their stated requirements (non stamping of country of origin. the stipulation of their previous attorney which states that "they were required by the company to work for 56 hours a week was due to the nature of thier services and in the interest of public notice" is a legal conclusion and were not authorized by them therefore. weight load limits. Calinisan. Plaintiffs filed for reconsideration saying that they were never made to participate in the preparation and formation of the stipulation of facts W/N the stipulation of facts is valid The case is remanded to court of origin for further proceedings and the amended complaint should be accepted. etc) FASGI instituted an action against PAWI and FPS for breach of contract and recovery of damages where I was stipulated that PAWI and FPS would accept the return of not loess than 8. the condition to reopen a case is: it must be upon grounds not already directly or indirectly litigated and the grounds must not be available to the aprties in the previous proceedings and the reopening must not affect the period already elapsed at the time the order to reopen was issued. It is puzzling why the petitioners’ signatures were not affixed in the stipulation. Anastacio. Fernandez. The facts that were agreed upon were unfavorable to the client does not detract from the binding effect of the stipulation. TCT was issued to Deiparine.
Atty Angeles was their counsel. Suspended for 6 months. it held that the supplemental settlement agreement were a NULLITY for having been entered into by Mr. Atty Angeles. Morada. should not. 30% was agreed to be paid ot respondent as his attorney's fees. Atty Angeles failed to show any such authority. it is clear that an atty cannot without a client's authorization. ISSUE: WoN the decision is binding against PAWI? HELD: YES RATIO: 1. (PAWI could have sent a disclaimer. Gana Lopez. respondent compromised the award on execution and collected only P5500 from the losing party. ISSUE: Whether respondent Atty Angeles should be suspended from the practice of law because of grave misconduct related to his clients' funds. counsel for PAWI. However.LEGAL ETHICS 2nd Sem 2005-2006 PAWI was unable to comply with the foregoing agreement alleging that it was due to a restriction by the Central Bank (for approval of the L/C) PAWI and FASGI undertook a STIPULATION OF JUDGMENT agreeing that if PAWI still failed to undertake its obligation. BUT when a client. Judgment was rendered in favor of Manalang. but the lawyer refuese and offered to give them only the sum of P2650. Calinisan. upon becoming aware of the compromise and the judgment thereon. Manalang alleged that they were the complainants in a case for overtime and separation pay filed against their employer. Sarenas 2C . Fernandez. FASGI would immediately have a right to apply to the Court for entry of judgment. there is no dispute that complainants were awarded P6500 for unpaid overtime and separation pay. without authority from his clients. and not have waited for more than a year to mention the alleged lack of authority) 2. without the latter's authorization. the Phil Racing Club Restaurant.(PAWI was spared from possibly paying substantial amount of damages and incurring heavy litigation fees. This compromise was allegedly without authority from his clients. in his defense. In this jurisdiction. he will not afterwards be heard to complain about it. A party. stated the he refused because he was ordered to deduct from his attorney's fees the amount of P2000 representing the amount discounted by counsel of the Phil Racing Club Restaurant together with sheriff legal fees.THis was executed by the FASGI president and PAWI Counsel (Mr. Atty Angeles exhibited an uncaring lack of devotion to the interest of his clients as well as want of zeal in the maintenance and defence of their rights. HELD: YES. Alleging difficulties in collecting te full amount awarded. Thomas Ready. settle the action or SM of the litigation even when he honestloy believes that such settlement will best serve his client's best interest. Mendiola. 113 GARCIA v CA Anastacio. after its opportunity to enjoy the benefits of an agreement. Manalang made several demands upon Atty Angeles to turn over to them the amount collected minus the agreed upon attorney's fees of 30%. while FASGI was not ordered to return the wheels. Thomas Ready). FURTHERMORE. In the instant case. and was even afforded time to reimburse FASGI) 112 MANALANG v ANGELES FACTS: This is an administrative case agaisnt Atty Angeles for grave misconduct as a lawyer and he stanes charged with infidelity in the discharge of fiduciary obligations to his clients. fails to promptly repudiate the action of his atty. Atty Angeles compromised the award and was able to collect P5500 only. Beron. herein complainant Manalang. be allowed to later disown the arrangement when the terms thereof ultimately would prove to operate against its hopeful expectations. (case was decided against PAWI to pay) FASGI filed with the Makati RTC for enforcement of foreign judgment but the latter held that there was unjust enrichment since PAWI was to pay. Rivas. PAWI still defaulted so FASGI filed with the US District Court of the Central District of California. in the amount of P6500.
Now. peaceful. In a desperate effort to save the case. But the ring was returned to Garcia. W/N the extra-judicial admission of De Garcia. The application was opposed by the Director of Lands. It should be noted that technicalities should give way (and even aid) to substantial justice. And that the ring of Guevarra might just be similar to hers. should be ignored. who later on didn’t return the ring anymore. on the ground that the property was public domain. there was open and uninterrupted possession in the concept of an owner). counsel tried to rely on procedural doctrines—particularly citing that de los Santos has no interest in the case. The lower court is constrained to dismiss the application. and he concluded that it was indeed the ring that Guevarra bought from him in 1947. Aling Petring was just a hoax. Issue: Can Santiago (more appropriately his counsel) properly call for the reversal of the decision? Held: NO. uninterrupted. However. JUDGE NAVARRO was on leave so the Clerk of Court of Branch II entered the following minutes: “Presiding Judge of this Court being on leave and as prayed by ATTY VICTORIA and ATTY CAPISTRANO* let the pre-trial be transferred to July 3” On July 3. Mendiola. they still failed to show open. Her explanation that her counsel misunderstood her is puerile (This means silly) because the liability to error as to the identity of the vendor and the exchange of the ring with another ring of the same value. Apparently. even if such was admitted. They brought the ring to Mr. She claims there that she bought the ring from different persons. although made by counsel.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Issue: Held: Angelina Guevarra. Counsel’s admission binds the client. As per the case: “mysterious and ephemeral figure”. whether objection is interposed by the party or not…” (Justice JBL Reyes in Joe’s Radio v Alto Electronics). Gana Lopez. Rebullida. Guevarra’s ring was stolen from her house in February 1952. She inquired where she bought it. Garcia handed the ring to Guevarra and it fitted her finger. A case was filed. Garcia claims it was lost. the property appeared to be a part of the public domain. Calinisan. Upon examination of the records. (Mrs de los Santos’ was actually a lessee of the land by virtue of a Pasture Lease Agreement) (What’s funny is that…) When Santiago’s counsel—the firm of Luna and Manalo—requested that the case be calendared for hearing. There was really no Aling Petring. and this includes the authority to make admission for the purpose of the litigation. was rather remote. For an attorney who acts as counsel of record and is permitted to act as such. Sarenas 2C . the ultimate source being Aling Petring. recognized her (Guevarra’s) ring in the finger of Mrs Garcia. Defendant (De Garcia) is refuted by her own extra-judicial admissions. 114 SANTIAGO v DE LOS SANTOS Facts: Luis Santiago filed an application for registration of a piece of land in San Mateo. the pleading contained attachments showing that the land is indeed part of the public domain (court said that counsel probably wanted to prove that despite the public character of the property. counsel wants to reverse the decision. where the ring was allegedly bought. Director of Forestry. Morada. through his cousel. During which an extra-judicial admission by Garcia was done. and by a certain Pacita de los Santos. as the authority to manage the cause. 115 PINEDA v CA FACTS JOSE VICTORIA filed a complaint for recovery of possession of 2 parcels of land in Taguig against EMMANUEL VICTORIA. Rivas. Even if there would be a full hearing of the case. Apparently. ET AL praying after notice and hearing that the latter be ordered to vacate the premises Clerk of Court of Branch II issued a notice of pretrial to ATTY VICTORIA for JOSE VICTORIA and ATTY GONZALES AND ASSOCIATES for EMMANUEL VICTORIA. So Santiago was ordered to show cause to support his application. were filed by the oppositors. the designated judge. the result would still be the same. JUDGE NAVARRO was still on leave and entered similar minutes noting the notification to ATTY Anastacio. while talking to Consuelo De Garcia. owner of La Bulakena Restaurant. Motions to Dismiss (the application). and adverse possession in the concept of an owner. This admission led to the dismissal of the application. ET AL stating that the pre-trial will be held on May 29 On May 29. and that all proofs submitted by him contrary or inconsistent therewith. is binding on her. Fernandez. The court has adhered to the doctrine that “an admission made in the pleadings cannot be controverted by the party making such admission and are conclusive to him. Beron. Rizal.
Paul Geneve was totally left out. he suggested that he (along with his company – Solid Intertain) and Paul Geneve enter into a joint venture enterprise. the court shall direct the parties AND their attorneys to appear…” The Court interpreting these provisions. The CA affirmed. ET AL nor ATTY CAPISTRANO appeared so JUDGE PINEDA entered a default order against EMMANUEL VICTORIA. uniformly emphasized that the pre-trial is mandatory. a motion for execution pending appeal was granted EMMANUEL VICTORIA. such notification is neither adequate nor sufficient for purposes of a pre-trial Judgment of CA affirmed ISSUE HELD RATIO NOTE *ATTY CAPISTRANO . Salonga started operating Metro Disco on the subject property. ET AL and commissioned the deputy clerk to receive evidence for JOSE VICTORIA and to submit a report A few days later. Oct 16. the Bel-Air Village Homeowner’s Association filed a complaint for violation of some municipal ordinances. Garlitos for Salonga and Atty. Gana Lopez. Since Salonga had no money. an associate in the office of ATTY GONZALES while appearing in another sala of the same court stumbled upon the scheduled reception of evidence of JOSE VICTORIA as ordered by JUDGE PINEDA EMMANUEL VICTORIA. ET AL or their lawyer On Oct 16. otherwise. (Paul Geneve) where the latter purchased the lease rights of Montojima over the property.not mentioned but I presume he is an associate of ATTY GONZALES 116 SALONGA v CA Facts: Astra Realty Development Corp. Fernandez. Sarenas 2C . who are required to appear thereat. THERE SHOULD ALSO BE NOTICE TO THE CLIENT Generally. Rivas.LEGAL ETHICS 2nd Sem 2005-2006 CAPISTRANO as to the new date. Salonga and his counsel failed to appear in the trial dates so he was declared in default and judgment was rendered by the RTC in favor of Paul Geneve. ET AL filed a verified motion to reconsider and/or set-aside the order holding them in default but the same was denied On the contrary. ET AL elevated the matter to the CA who reversed the decision of the lower court and ordered JUDGE PINEDA to proceed with the pre-trial Hence. Beron. ET AL is that the minutes prepared by the clerk of court merely singles out ATTY CAPISTRANO as having been notified so since no notice was sent to them. was ever registered as agreed upon in the Securities and Exchange Commission. Calinisan. Paul Geneve filed a complaint for specific performance against Salonga and his company. Sadili for Paul Geneve). ET AL was notified of the pre-trial. Having possession of the unsigned papers. Montojima then entered into a Joint Venture Agreement (JVA) with Paul Geneve Entertainment Corp. notice to counsel operates as notice to the party/parties represented However. He was ordered arrested until he obeys the orders and judgment of the Court. this petition Main argument of EMMANUEL VICTORIA. that the parties as well as their counsel. it may foster dangerous collusions to the detriment of justice The case at bar involves Section 1 and 2 of Rule 20 of the Rules of Court which state “In any action after the last pleading has been filed. presence of parties is a must because one of the purposes of a pre-trial is to explore the possibility of an amicable settlement (which a counsel cannot compromise absent express authorization) so notice to the parties is necessary Records show that since only the counsel for EMMANUEL VICTORIA. The latter tried to open a restaurant but it was not a success. neither EMANNUEL VICTORIA. Mendiola. Now comes George Salonga who was interested in buying the lease rights of Paul Geneve. Morada. Salonga was also adjudged guilty of civil contempt for his failure to appear in an earlier hearing. the whole proceeding cannot stand the test of validity W/N NOTICE TO COUNSEL REGARDING SCHEDULED DATE OF PRE-TRIAL IS NOTICE TO CLIENT NO. must BOTH be notified of the same In other proceedings presence of parties is not necessary so notice to counsel operates as notice to client but in a pre-trial. Issue: Anastacio. of the pre-trial The case was transferred to the sala of JUDGE PINEDA without knowledge of EMANNUEL VICTORIA. No corporation under the name Solidisque Inc. application in a given case should be looked into and adopted according to its surrounding circumstances. (Astra) leased its property to Alelie Montojima. Paul Geneve paid Montojima but when it was about to start its business. Paul Geneve signed the papers but Dalonga didn’t. All the documents were prepared by the counsels of both parties (Atty. The idea was to form a new corporation to be named Solidisque Inc.
Gana Lopez.Arandia. petitioners were declared in default only on the third ex parte motion filed by private respondents. holding a knife against Nia’s neck. Petitioners George Salonga and Solid Intertain Corporation allege that the "inimical and antagonistic acts" of their counsel Atty. 117 PEOPLE v VILLANUEVA Facts: Villanueva was accused of raping his 11 year-old stepdaughter Nia. The error of his defense counsel is neither an error of law nor an irregularity that will merit a new trial. In fact. because it is not an element of rape. Villanueva alleges that he is entitled to a new trial because of his counsel’s failure to present his common-law wife (Nia’s mother). The Court notes that the previously enumerated negligent acts attributed to petitioner's former counsel Garlitos were in no way shown or alleged to have been caused by private respondents. There is no question about the credibility of the Nia as a witness. Fernandez. Villanueva." None of these exceptions has been sufficiently shown in the present case. Onofre G. Garlitos constitute extrinsic fraud (see p. (The filing of the complaint was brought about by a kiss mark that Nia’s brother saw on her neck. If this were to be allowed.) It was alleged that one night. then there would be no end to suits so long as new counsel could be employed who could allege that the previous counsel had not been diligent. However. What is important is that there was contract between the peis and the labia of the vagina. because the allegation that the accused is the stepfather (in fact he is not. 118 AGUILAR v CA Facts: Aguilar and Salvador were charged with Estafa in an Information filed before the RTC. however. Villanueva is still guilty of rape. Unfortunately. Rivas. In this mandatory review by the SC. Aguilar. The lower court. it is well-settled that the negligence of counsel binds the client. or when its application "results in the outright deprivation of one's property through a technicality. Calinisan. Mendiola. Arandia failed to file Anastacio. On the other hand.000. Villanueva attempted to insert his penis. The failure of the defense to present Nia’s mother by reason of the alleged inexperience of his lawyer is not a ground for new trial. and to indemnify the offended party the amount of P250. Due process was never denied petitioners Salonga and Solid Intertain Corporation because the trial court had given them a reasonable opportunity to be heard and present their side in all the proceedings before it. it was too big. The alibi of Villanueva is also self-serving. Consequently. necessarily requires that its cause be traceable to some fraudulent act of the prevailing party committed outside the trial of the case. Held: Villanueva is not entitled to a new trial. Issue: W/N Villanueva is entitled to a new trial. found Villanueva guilty of raping Nia and imposes the death penalty. Atty. (According to Nia. thru his former counsel. The nature of extrinsic fraud. SC says NO. Sarenas 2C . The client is bound by the action of his counsel in the conduct of his case and cannot be heard to complain that the result of the litigation might have been different had his counsel proceeded differently. In his defense.LEGAL ETHICS Held: 2nd Sem 2005-2006 W/n Salonga’s allegation of extrinsic fraud and denial of due process obtain to justify annulment of the default judgment rendered by the RTC. Morada. Both were convicted by the trial court and sentenced to an indeterminate penalty of 17 years and 4 months of reclusion temporal as minimum to 20 years of reclusion temporal as maximum. Exceptions to the foregoing have been recognized by the Court in cases where reckless or gross negligence of counsel deprives the client of due process of law. Villanueva gives an alibi that he could not have raped her and that the semen found on the victim’s vagina could not have been his (he already had vasectomy). as discussed previously. This is based on the rule that any act performed by a lawyer within the scope of his general or implied authority is regarded as an act of his client. threatened to kill her if she ever told anyone of the odious act. 543 for list of acts). the mistake or negligence of petitioners' counsel may result in the rendition of an unfavorable judgment against them. Beron. but it would not fit. he is merely a surrogate father and there exists no legal relation of step-father and step-daughter) was not averred in the complaint. timely appealed to CA. SC said that extrinsic fraud refers to any fraudulent act of the prevailing party which is committed outside the trial of the case. whereby the defeated party has been prevented from exhibiting fully his side of the case. It doesn’t’ matter if Villanueva’s [penis did not penetrate. The trial judge had occasion to determine the demeanor of the witness. Garlitos neither connived nor sold out to the latter. by fraud or deception practiced on him by his opponent. The fact that Nia’s hymen was intact does not negate rape. Atty. the charge cannot qualify as qualified rape. Atty.) Villanueva contented himself to licking Nia’s genetalia.
Losing liberty by default of an insensitive lawyer should be frowned upon despite the fiction that a client is bound by the mistakes of his lawyer. The motion was denied for having been filed out of time. Salvador was granted an extension of time to file her brief. Cathay made a deposit and downpayment of rentals then Anastacio. Talo naman sila eh Facts: New Cathay House. Fernandez. Gana Lopez.LEGAL ETHICS 2nd Sem 2005-2006 petitioner’s brief on its due date. this is based on the rule that any acts performed by counsel within the scope of his general authority is deemed as an act of the client. There is no reason to treat the two appellants differently. Calinisan. Both allegedly conspired in committing the crime of estafa. lawyer of Salonga. 120 LEGARDA v CA *mahaba. and the latter entered his appearance in the case and asked an extension of 45 days to submit the appellant’s brief. and that 2) acquittal would in all probability have followed the introduction of the omitted evidence. although he failed to file a timely answer. Aguilar hired Atty. simple negligence would not amount to a deprivation of right to due process. Beron. In a criminal proceeding. CA should have considered the fact that the appellant’s brief was already filed and is already in the records of the case. Rivas. Equal protection of the law demands that persons situated similarly be treated alike. Makati. it was obtained by fraud there is no extrinsic fraud in the case the negligence of counsel binds the client. Garlitos. 119 SALONGA v CA FACTS: Astra owned a propert located at Bel-Air Village. Montojima leased this property and opened a restaurant which did not prosper Montojima thereafter entered into a joint venture agreement (JVA) with Paul Geneve Entertainment Corp (PGEC) with the consent of Astra under the following term: Montojima will sell all his rights over the property to PGEC for 3M. (Cathay) and Victoria Legarda entered into a lease agreement for a property in QC owned by Legarda. Aguilar faces a jail term of 17 yrs and 4 mos to 20 yrs. but the new corporation never existed and PGEC asked for specific performance from Salonga during the scheduled hearing. is only guilty of simple negligence. Arias as his new counsel. Inc. Morada. On the other hand. salonga was held in default and cited in contempt Salonga is now claiming that he received a copy of the decision only on 10-7 yet a motion for reconsideration was filed on 7-28 ISSUE: W/N the decision must be annulled on the ground of fraud on the part of Salonga's counsel HELD: NO! a decision can be annulle donly on 2 grounds: A. For some reason. He cannot lose his liberty because of the gross irresponsibility of his lawyer. This shows earnest efforts of counsel and petitioner to be heard and lack of intention to cause delay. Sarenas 2C . judgment is void for want of due process or jurisdiction and B. Their cases rest on the same facts. and the brief was admitted even though filed beyond the grace period. Mendiola. Montojima received 1M Bt before PGEC can open the business. The said rule must only be applied to advance the ends of justice. di ko na sinama mga dissenting. new trial may be granted if the defendant satisfies the court that: 1) he has a good defense. hus efforts at defending thier cause is real. He neither communicated to Aguilar nor withdrew his appearance as counsel. CA subsequently denied Aguilar’s motion to dismiss and his appeal. Issue: W/N CA committed GAD when it dismissed Aguilar’s appeal for failure to file his appellant’s brief on time. not when the circumstances of the case it becomes a hindrance to justice. Held: YES. Aguilar’s attempts to contact his counsel were futile. where certain evidence was not presented because of counsel’s error or incompetence. to see all the negligent acts of Atty Garlitos see page 543 1st paragraph. the homeowners association of Bel-Air filed a complaint against PGEC for violation of some municipal ordinances PGEC and Salonga entered into a JVA wherein the corporation of Salonga and PGEC will form a new corporation. Salonga did not appear and was held in contempt salonga also asked for 2 motions foe extension of time but no answer was filed becasue of salonga's failure to file an answer. Legarda refused to sign the contract.
Original decision is reinstated (Legarda=loser) As long as a party was given the opportunity to defend her interests in due course. The QC property was then levied and auctioned off to pay for the judgment debt. Hence this motion for reconsideration of SC decision. Counsel is entitled to full recompense for his services He is entitled to the protection of any judicial tribunal against any attempt on the part of a client to escape payment of his fees.. Legarda misjudged and hired the services of Dean Coronel who in the end sort of abandoned her case. But Dean Coronel failed to file an answer within that period. 122 TRADERS ROYAL BANK UNION v NLRC FACTS: Petitioner Union and private respondent Atty Cruz entered into a retainer agreement whereby the former obligated itself to pay the latter a monthly retainer fee of P3. efficiently. Also. Legarda did not redeem the property within the 1 year period. Dean Antonio Coronel. it is the complainants who. Gana Lopez. Her dismissal. and later. Service of decision was made on Dean Coronel but he still did not do anything. Petition was denied. The SC said that there was unjust enrichment on the part of Cathay because of the reckless. Cathay presented evidence ex parte. Mendiola. inexcusable and gross negligence of Dean Coronel. Kahit natalo na sila dahil walang ginagawa si Dean (hindi nga niya sinabihan si Legarda kung ano na nangyari sa kaso nila. by attempting to impugn the authenticity and genuineness of their written agreement for the payment of atty's fees ISSUE: WoN Atty COloma is entitled to her atty's fees (as agreed upon in their written agreement of contigent fee) HELD: YES RATIO: 1. Legarda still did not lose faith in her counsel. Decision was res ipso final due to failure to appeal the decision. NLRC rendered a decision in favor of the union Anastacio. Rivas. Perpetua Coloma as their counsel. Atty Coloma failed to expediet the hearing and termination of the case. after benefiting from the valuable services of atty COloma. 121 ALBANO v COLOMA FACTS: Angel Albano alleges that when he and his mom retained the services of Atty. New lawyer asked for annulment of judgment upon the ground that the old lawyer was negligent in his duties. Atty COloma has good reputation. na wala na yung lupa). W/N Legarda can be bound by the gross negligence of her counsel Yes. The SolGen further saight that if there was anyone guilty of bad faith in this case. he himself would not get due.LEGAL ETHICS 2nd Sem 2005-2006 Issue: Held: filed for specific performance. Between two innocent parties. Cathay won the case (Katay si Legarda). then all the more that Cathay is innocent. The petition was granted and the sale of the QC property to be set aside. requested a 10-day extension to file an answer which was granted. 2. Atty. resulting to their having to procure another lawyer. mid year and year-end bonuses against their employer Traders Royal Bank (TRB). SO his reputation as a lawyer must be protected. Atty. Legarda hired a new lawyer. was made without cause and without her consent and when she had already won the case for them in the CFI and the CA. Beron. accdg to her. continuously and to the best of her knowledge and capacity". If indeed Legarda is innocent. Sarenas 2C . Morada. Calinisan. Petitioner Union referred to Atty Cruz the claims of its members for Holiday. Coloma likewise denied that she could have been removed for her failure to comply with her obligations as counsel as she served "faithfully. the one who made it possible for the wrong to be done should be the one to bear the resulting loss. Dean Coronel then filed a petition for annulment of judgment.000 in consideration of the Atty Cruz's undertaking to render the services enumerated in their contract. tried to renege on their agreement for the payment of the latter's contingent atty's fees by dismissing her as their counsel after she had already won for them in the trial court and the CA. Coloma intervened in the case to collect her atty's fees and presented a document showing that the complainants promised to pay her a contingent fee of 33 1/3% of whatever could be recovered whether in land or damages. Fernandez. she cannot be said to have been denied due process of law. was the highest bidder in the auction. Cathay’s manager. No motion for reconsideration or appeal was made on the order of denial (ibang klase ka dean!) So. Legarda’s counsel. Cabrera. The facts as found by the SolGen in so far as the services of Atty Coloma as counsel for the complainants reveal the utmost diligence and conscientiousness on her part. It is indeed ironic if after putting forth the best that is in him to secure justice for the party he represents.
Calinisan. He is entitled to P10. Bank complied with such decision. The P3. Equity and fair play dictate that petitioner should pay the same after it accepted and benefited from counsel's services. On appeal to the SC. the TRB management and the NLRC of his right to exercise and enforce his attorney's lien over the award of holiday pay. Worse. since it was drawn on the checking account of the opposing party’s counsel. Issue: W/n Atty Cruz is entitled to compensation other than the P3. He demanded the payment of 10% of the total award. But the check bounced. Grijaldo deliberately withheld the fat from her. And it is also a breach of the trust and confidence which was reposed on him. Ong filed a number of affidavits by other disinterested persons who complained of Grijaldo’s mischief. but they reached a compromised in the amount of P180T.000. voluntry and unilateral prosecution of union's cause. from the counsel's lawful.000 which the union pays monthly does not cover the services the counsel actually rendered before the labor arbiter and the NLRC.LEGAL ETHICS 2nd Sem 2005-2006 members. only when the check has been cleared. The fact that petitioner union and counsel failed to reach a meeting of the minds with regard to the payment of professional fees for special services will not absolve the client of civil liability for the corresponding remuneration. Beron. but was made to accept it. Union opposed the demand. (bottom part of p 5) (irrelevant) W/N Grijaldo should be disbarred. but the case was filed in Bacolod. notified the union . his negligence shows a glaring lack of the competence and diligence required of every lawyer. Ong was made to execute an affidavit of desistance. the court modified the decision of the NLRC by deleting the award of mid year and yearend bonus. Reyes. after many excuses. To be entitiled to additional attorney's fees. The measure of compensation should be addressed by the rule of quantum meruit. provided he be paid in cash. Were it not for complainant’s vigilance in inquiring into the status of her case. she would have not know that the case was already dismissed. That was the reason why Ong hired a Bacolod-based lawyer. The union insists that it is not guilty of unjust enrichment because all attorney's fees due to Atty Cruz were covered by the retainer fee of P3. Gana Lopez. Atty Cruz. to protect her interests. A quasi contract arose between the union and counsel. Grijaldo already received the money from Reyesm but he used it to pay for his (Grijaldo’s) financial obligations. Hence this case. the complainant. it contends that there must be separate mutual agreement prior to the performance of the additional services of the counsel. HELD: YES. Mendiola. An attorney is entitiled to have and receive a just and reasonable compensation for services performed at the special instance and request of his client. Yes. Goretti Ong. The monthly fee is intended merely as a consideration for the counsel's commitment to render the services. thereafter. 123 ONG v GRIJALDO Facts: This is a case for disbarment of Atty. Ong agreed to a compromise. he should have a reasonable compensation for such services. As long as the lawyer was in good faith and honestly trying to represent and serve the interests of the client. Morada. meaning "as much as he deserves". Atty. Issue: Held: Anastacio.000 which it has been regularly paying to Atty Cruz under their retainer agreement. Jose Grijaldo. It is clear that respondent gravely abused the trust and confidence reposed on him by his client. NLRC ruled in favor of Atty Cruz. Rivas. initially had Grijaldo as his counsel for a BP 22 case. Grijaldo (who facilitated the compromise deal) handed over P100T in cash and an P80T check. This is a gross betrayal of the fiduciary duty: failure to look after the client’s welfare. Grijaldo breached his futy wwhen he failed to inform the complainant of the status of the criminal case. Ong went to Bacolod (where the case was filed) to find out for himself the status of the case and to seek payment. The P3. Ong found out that the affidavit was already filed in court and the case was already dismissed. The opposing party owed Ong. Grijaldo claims that the check is good. It is not payment for counsel's execution or performance of the services of the counsel. Ong initially refused. Sarenas 2C . Later on. When the time of payment came. Fernandez. His infraction is rendered all the more deplorable by the fact that complainant is a resident of QC.000 retainer fee. but Ong instructed Grijaldo to file it with the court.000 was a general retainer.
Beron. Judgment became final. gratuity pay) to Sesbreno for the employees as “Partial Satisfaction of Judgment”. But contingent fee contracts are under the supervision of the court in order that clients may be protected from unjust charges. Morada. Cebu released P2. 125 FABILO v IAC FACTS • JUSTINA Fabillo bequeathed to her brother FLORENCIO Fabillo a house in lot in San Salvador St. “Quantum Meruit” which means “as much as he deserves” is often the court’s basis for determining the amount. he submits himself to the authority of the court and subjects his professional fees to judicial control. Though generally. Rivas. A stipulation on a lawyer’s compensation in a written contract for professional services ordinarily controls the amount of fees that the contracting lawyer may be allowed. equitable. ATTY MURILLO will have the option of occupying or leasing to any interested party 40% of the said property • ATTY MURILLO filed a case for FLORENCIO against GREGORIO which ended in a compromise settlement wherein FLORENCIO was declared owner not only of the San Salvador property but also of the Pugahanay property • ATTY MURILLO proceeded to implement the contract by taking possession of 40% of the properties and even installed a tent in the Pugahanay property • • • FLORENCIO claimed exclusive right over the properties which prompted ATTY MURILLO to file a complaint LOWER COURT: ATTY MURILLO is owner of 40% of the properties FLORENCIO argued that the contingent fee of 40% is excessive. Held: Yes. Mendiola. a much higher compensation is allowed in a contingent fee agreement (as in this case) in consideration of the risk that the lawyer may get nothing if the suit fails. Leyte (San Salvador property) and to her husband GREGORIO Brioso a lot in Pugahanay. Sarenas 2C . FLORENCIO sought the assistance of ATTY MURILLO to recover the San Salvador property • FLORENCIO and ATTY MURILLO entered into a Contract for Services wherein o If the property is awarded to FLORENCIO. ATTY MURILLO will be entitled to 40% of the proceeds of the mortgage o If leased. and reasonable amount for attorney’s fees. Calinisan. an award of 50% of back salaries is excessive. a compromise was made between the employees and the Province of Cebu whereby said employees waived their right to reinstatement. Lower court agreed with them and fixed attorney’s fees for Sesbreno at 40% plus the 20% expenses. It is a settled rule that what a lawyer may charge and receive as attorney’s fees is always subject to judicial control. Leyte (Pugahanay property) • FLORENCIO filed a petition for probate of JUSTINA’S will who approved of the partition placed a reservation on the ownership of the San Salvador property • 2 years later. Gana Lopez. RTC granted employees’ petition. When the courts find the amount to be excessive or unreasonable. Nevertheless. It is only that the courts will fix a reasonable amount.LEGAL ETHICS 2nd Sem 2005-2006 124 SESBREÑO v CA Facts: • • • • • • • Raul Sesbreño replaced Atty Pacquiao as counsel for 52 employees in a case against the Province of Cebu and Governor Espina for reinstatement to work and backwages. UNLESS the court finds such stipulated amount unreasonable or unconscionable. Employees filed an MR asserting that there was inadvertence in placing 60% where it should only be 50%. terminal leave pay. ATTY MURILLO will be entitled to 40% of the rentals o If the property is just occupied by FLORENCIO. Fernandez. And kawawang Sesbreno nabawasan pa lalo ang bayad…CA deemed the award of 20% of the back salaries as the fair. This was granted. the existence of an unreasonable fee (no matter the degree) does not bar recovery. Its validity rests largely on the reasonableness of the stated fees under the circumstances of the case. The 20% award is justified.3M (representing back salaries. 32 of the employees agreed that Sesbreno would be paid 30% of the backwages as attorney’s fees and 20% for expenses of litigation. Sesbreno was not satisfied by the decision so he went to the CA. Considering it’s a labor case. unfair and unconscionable Anastacio. CA affirmed. Punta siya ngayon sa Padre Faura…Supreme Court… Issue: Whether the court acted properly in reducing Sesbreno’s attorney’s fees despite a pre-existing contract between the parties. 10 of the employees asserted that they only agreed to give 40% of their back salaries to Sesbreno. When a lawyer takes his oath. public policy demands that the contract be disregarded to protect the client. Later on. ATTY MURILLO will be constituted as attorney in fact to sell and convey said property and will be given 40% of the purchase price o If mortgaged. An attorney’s fee is unconscionable when it is so disproportionate compared to the value of the services rendered.
the Court said that such is a violation of Art.LEGAL ETHICS ISSUE HELD RATIO • • • • ISSUE HELD RATIO 2nd Sem 2005-2006 W/N THE CONTRACT OF SERVICES PROVIDING FOR CONTINGENT FEES VIOLATED ARTICLE 1491 NO. Sarenas 2C . the contract is vague and only provides that ATTY MURILLO shall have the option of “occupying or leasing to any interested party 40% of the properties The ambiguity of said provision should then be resolved against ATTY MURILLO as it was he himself who drafted the contract Moreover. which prohibits a lawyer from Issue: Held: - - Anastacio. In this case. Fernandez. Second. o Inducing complainant. proceeds of the mortgage or rentals respectively However. Gana Lopez. to enter into a contract with him for the development of the land involved in a case into a residential subdivision. properties and rights which are objects of litigation in which they may take part by virtue of their profession However. CONTINGENT FEES NOT COVERED BY ARTICLE 1491 Article 1491 prohibits lawyers from acquiring by purchase even at a public auction. ATTY MURILLO • • • • • The Court disagrees with the lower court that FLORENCIO is the owner of 40% of the properties for careful scrutiny shows that the parties intended 40% of the value of the properties as ATTY MURILLO’S contingent fee The provisions are clear in cases where the properties are sold. Rivas. Mendiola. SC suspends him for 6 months. o Acting as counsel for the Fortunados in a case where Eugenio Lopez. Such contract is against public policy because it gives undue leverage in favor of the lawyer. CONTRACT OF SERVICES VAGUE AS TO WHO IS THE OWNER SO MUST BE CONSTRUED AGAINST THE LAWYER WHO MADE IT. mortgaged or leased. Beron. Morada. said prohibition applies only if the sale or assignment takes place during the pendency of litigation involving the client’s property Following that principle. the contingent fee agreement between the Fortunados and Gonzales did not provide for such reimbursement. who was his former client. Calinisan. Jr. if the parties intended that ATTY MURILLO should become the lawful owner of 40% of the properties in case the same is not sold. with respect to a situation wherein the properties are neither sold. acting as counsel for Lopez in another case. which properties are the subject of the litigation. a contract between a lawyer and his client stipulating a contingent fee is not covered by Article 1491 because payment of said fee is not made during the pendency of litigation but only after judgment has been rendered Hence.000 as reasonable attorney’s fees (nyek lugi!) 126 BAUTISTA v GONZALES Facts: Angel Bautista filed a complaint against Ramon Gonzales for the following acts: o Accepting a case where he agreed to pay all expenses for a contingent fee of 50% of the value of the property in litigation. the SC pointed out that a lawyer may indeed advance expenses of litigation but such payment should be subject to reimbursement. For the first allegation. mortgaged or leased. in connection with the complaint for estafa filed by respondent against complainant. the Court holds that ATTY MURILLO is entitled to P3. while knowing fully well that the said property was already sold at a public auction. the length of time and effort exerted by ATTY MURILLO. o Submitting to the CFI falsified documents purporting to be true copies of "Addendum to the Land Development Agreement" and submitting the same document to the Fiscal's Office of Quezon City. o Transferring to himself one-half of the properties of the Fortunados. the value of the properties subject matter thereof. Yes. the Court found that Gonzales did not violate any law because the Fortunados consented to his appearance for Lopez. is one of the defendants and. the Contract of Services entered into by FLORENCIO and ATTY MURILLO having provided for contingent fees is not violative of Article 1491 W/N FLORENCIO IS OWNER OF 40% OF THE PROPERTIES NO. while the case was still pending. W/n Gonzales should be punished for these acts. 1491 of the Civil Code. Third act. without said case being terminated. mortgaged and leased as ATTY MURILLO is entitled to 40% of the purchase price. claiming that he acquired fifty percent (50%) interest thereof as attorney's fees from the Fortunados. then they would have clearly and unequivocally stipulated in the contract such JUDGMENT Considering the nature of the case.
Mauricio demanded and received exorbitant attorney’s fees but did not take any action on Valerina Dalisay’s case. the deed of assignment itself stated that the TCT was registered in Florencio’s name. Atty. m. Because the transfer was made during the pendency of the Special Proceedings. A lawyer should never seek to mislead the court by an artifice or false statement of fact or law. lot in his name (made through a deed of assignment executed by Maria and Atty. At all times. which states that "[t]he lawyer should not purchase any interests in the subject matter of the litigation which he is conducting. Lopez says that the transfer of a portion of the land was valid since it was a payment of his contingent fees. When Florencio died. Mendiola. m. Atty. Maria Biascan opposed the claim of Rosalina. 127 BIASCAN v LOPEZ Facts: This controversy pertains to a 600 sq. Atty. m. Lopez entered his appearance as the counsel of Maria in the opposition. The SC held that in withholding such information. the registration was made during the special proceedings regarding the settlement of the estate. with the explanation that he can give a discount should she pay in cash. Rosalina complained that.LEGAL ETHICS 2nd Sem 2005-2006 - - buying/acquiring the property of his clients which is the subject of a pending case. In total. Rosalina Biascan filed a complaint alleging that she is the administratrix of the estate of her father. Held: The land cannot be regarded as contingent fees. Atty. Art. The fact that complainant was not a former client of respondent does not exempt respondent from his duty to inform complainant of an important fact pertaining to the land which is subject of their negotiation. Calinisan. • • Issue: • W/N the case against Mauricio should be dismissed. When Atty. he accepted the offer of Maria.000. Lopez). Allegedly. Illegal. 1491. Gana Lopez. in fact. without the approval of the intestate court." the Code still provides that a lawyer should follow the laws of the Phil. Fernandez. Such conduct constitutes willful disregard of his solemn duty as a lawyer to act at all times in a manner consistent with the truth. they did not sign the original copy but only a photocopy of the original. because he had knowledge that the land was the subject of the litigation. In his defense. Rivas. the TV host. Issue: W/N the land was a lawful payment of contingent fees.00 as appearance fee notwithstanding her payments. Lopez should have gone over the records.00. Lopez claims that Maria agreed to give him 35% of the area of the disputed land. Lopex caused the registration of 210 sq. However. Beron. respondent never rendered any legal service. 1491 clearly applies. the SC held that the original copies of the documents Gonzales submitted were false because they bore the signatures of the Fortunados when. The lot was in the name of Florencio Biascan.000. Therefore. At that instant. As respondent of Maria. Also. respondent failed to live up to the rigorous standards of ethics of the law profession which place a premium on honesty and condemn duplicitous conduct. 128 DALISAY v MAURICIO Facts: • • • • This is the case against “Batas” Mauricio. By registering the land in his name. Atty. she paid Mauricio P56T: P8T filing fee (though the case was already filed) the balance might be a combination of the ff: o Additional acceptance fee P90. Anastacio. Lopez had actual knowledge that the lot formed part of the estate of Florencio. Morada. o P3. The IBP Board of Governors wanted to dismiss the case. Mauicio refused. Florencio. And although the Code of Professional Responsibility does not anymore contain Canon 10 of the old Canons of Professional Ethics. lot. According to Rosalina. Atty. By acquiring the property in litigation. Lopez entered his appearance as Maria’s counsel. Lopez transgressed Art. Atty. Suspend – 6 months. Rosalina had submitted an inventory report which listed the land as part of the estate of the deceased Florencio. 1491 of the Civil Code and can be administratively punished for such violation. Initially. Lopez argues that due to the absence of a notice of lis pendens on the TCT. she paid P25T as acceptance fee. Gonzales has violated Art. This Court has held that the purchase by a lawyer of his client's property or interest in litigation is a breach of professional ethics and constitutes malpractice. Sarenas 2C . of the 600 sq. Lastly. She terminated their attorneyclient relationship and demanded the return of her money and documents. Florencio died intestate.
Barons is expressly liable as stated in the sales invoice of Phelps Dodge which provides that: “interests at 12% per annum will be charged on all overdue accounts plus 25% on said amount for attorney’s fees and collections” The attorney’s fees stated are in the nature of liquidated damages and the stipulation is aptly called a penal clause. the lawyer of Lizardo.5M. From then on. Montano. • But there is nothing on record that Mauricio entered his appearance as counsel of record. In real terms. The former asked the latter for installment payment but the request was refused An action for collection for sum of money was instituted by Phelps Dodge against Barons with a prayer for attorney’s fees amounting to 25% pf the amount demanded RTC: ruled in favor of Phelps Dodge and ordered Barons to pay P3. the courts are empowered to reduce such penalty of the same is iniquitous or unconscionable In the case at bar. it is strictly binding. Gana Lopez.8M and 5% of the preceding obligation for and as attorney’s fees W/N Barons is liable to Phelps Dodge for interest and attorney’s fees HELD: . However. Just like any other professional.00 from complainant. Lizardo won. on credit Under the sales invoice issued by Phelps Dodge. the attorney’s fees and collection fees are manifestly exorbitant. When respondent accepted P56. a lawyer is entitled to collect fees for his services. the interest alone runs to some P4. Mirano’s land was levied and Lizardo won the bidding. there is a stipulation: “interests at 12% per annum will be charged on all overdue accounts plus 25% on said amount for attorney’s fees and collections” Barons failed to pay Phelps Dodge. Regarding the P8T: (allegedly as docket fees for other cases): “there was no evidence nor any pleadings submitted to show that respondent filed any case considering that the filing fee had to be paid simultaneously with the filing of a case.1M. Fernandez.YES! But the amount stated in the sales invoice is reduced from 25% to 10% of the principal amount for attorney’s fees. even exceeding the principal debt which is only P4M. 25% of the principal and the interest amounts to roughly P2M. therefore.1M and 25% of the preceding obligation for and as attorney’s fees CA: corrected the amount due to Phelps Dodge and ordered Barons to pay P3. He should be suspended for 6 months. 130 LIZARDO v MONTANO FACTS: • • • • • • Lizardo instituted a collection case against Eddie Mirano. he covenants that he will exercise due diligence in protecting his rights.” • • when a lawyer takes a client’s cause.LEGAL ETHICS Held: • 2nd Sem 2005-2006 No. Calinisan. care and devotion. Judgment included 25% of the amount payable as attorney’s fees. BUT. Atty. Mendiola. he should charge only a reasonable amount of fees.000. Anastacio. Without hearing petitioner. the trial court rendered an order that Lizardo pay Montano 25% of the property and/or annotate in the TCT the attorney’s lien. or public order. 13 years after the case. Beron. Morada. it was understood that he agreed to take up the latter’s case and that an attorney-client relationship between them was established. morals. Sarenas 2C . filed with the trial court (same trial court as in the previous decision) an omnibus motion for payment of his attorney’s fees. CA affirmed the RTC decision. it was expected of him to serve complainant with competence and attend to her case with fidelity. It is settled that as long as such stipulation does not contravene law. He did not even follow-up the case which remained pending up to the time she terminated his services. Rivas. hence this appeal. 129 BARON’S MARKETING v CA FACTS: ISSUE: Phelps Dodge appointed Barons Marketing as its dealer of electrical wires and cables Barons was given a 60 day credit for the purchase of Phelps Dodge’s products Barons purchased electrical wires and cables worth P4.
Engr.000 as notarial fee. Lemoine signed an undated Special Power of Attorney authorizing Balon to bring any action against Metropolitan Insurance for the satisfaction of Lemoine’s claim as well as to negotiate. Lemoine never gave his consent as to the fee. In the questioned order. and of course.000. It loses its jurisdiction upon the finality of the decision A final decision cannot be amended or corrected except for clerical errors. In the case at bar. After notarizing the agreement. Mendiola. Balon acknowledge that he is in possession of the check and that he is keeping the check as attorney’s lien pending Lemoine’s payment of his attorney’s fee equivalent to 50% of the entire amount collected. Sarenas 2C .LEGAL ETHICS ISSUE: • HELD: • • • • • 2nd Sem 2005-2006 W/N the trial court still has jurisdiction over the case 13 years after it rendered a final judgment No. Lemoine visited the office of Metropolitan Insurance to ask on the status of the case and it answered that the case was long settled via a check given to Balon. mistakes or misprisions. Metropolitan Insurance issued a China Bank check payable to Lemoine in the amount of P525. encash and receive payments Metropolitan Insurance offered to settle Lemoine’s claim and Balon confirmed his acceptance of the offer December 1998. as notary public. Gana Lopez. . RATIO: 1. 132 LEMOINE v BALON FACTS: Lemoine is a French national who filed an insurance claim with Metropolitan Insurance. Atty.000. Jose Jimenez Jr.000 of the contract price sought to be notarized. Cueto also informed Jimenez that his son had not yet paid his services as general contractor. P1. the check bounced (insufficient funds nga!)and the check issued by Jimenez' son was also dishonored for having been drawn against a closed account. Such variance rendered the order void. Morada. the reason why Cueto lacked funds was because of Jimenez' son failure to pay (so dapat mas lenient si Jimenez sa delay ng payment sa kanya ng balance) 2.000 as appearance and conference fee for each and every court hearing and legal expenses and other miscellaneous will be charged to Lemoine’s account which would be reimbursed upon presentment of account. 131 CUETO v JIMENEZ FACTS: . It is highly improper for Jimenez in filing a criminal case for violation of BP 22 against Cueto when the check representing the balance of his notarial fee was dishonored because "A LAWYER SHALL AVOID CONTROVERSIES WITH CLIENTS CONCERNING HIS COMPENSATION AND SHALL RESORT TO JUDICIAL ACTION ONLY TO PREVENY IMPOSITION. Jimenez demanded P50.000 in cash and issued a check of P20..Atty.000 for settlement which Lemoine suggested that Balon accept to avoid litigation December 1999. Alex Cueto paid P30. there was clearly no imposition. 1)Cueto already paid more than half of the fee 2) In all probablity. ALso. Beron. Fernandez.Jimenez still deposited the check. Once a court acquires jurisdiction over a case. That is not decreed in the judgment. it retains such jurisdiction until the final termination of the case. being the father of the building of the Construction Agreement to be notarized. compromise. In return. the court ordered Lizardo to pay attorney’s fees to counsel. AS to the contention that P50. Balon answered that Metropolitan Insurance was offering P350. However. facts show that they agreed on the amount.. Jimenez filed a BP 22 case against Cueto. Calinisan. Jimenez is severely reprimanded. An advance payment of P50. His friend Jesus Garcia arranged for the engagement of Balon’s services as his counsel Balon advised Lemoine that he was charging 25% of the actual amount to being recovered payable upon successful recovery.000 which was received by Balon When Lemoine asked Balon as to the status of the case.) and also Cueto should have inquired first about the reasonableness. Alex Cueto engaged the services of Atty. ISSUE: WoN Jimenez can be held administratively liable? HELD: YES. the court no longer has jurisdiction over the claim for attorney’s fees. Cueto filed his own administrative complaint against Jimenez and alleged that he violated Code of Prof Responsibility and Canons of Prof Ethics when he filed BP22 so that Jimenez can recover the balance of his notarial fee. . Cueto requested Jimenez not to deposit the check for lack of sufficient funds. He also threatened Lemoine that he will not hesitate to make proper representation with the Bureau of Immigration and Deportation. INJUSTICE or FRAUD". What the lawyer may do is file an independent action against petitioner for collection. DOLE and BIR if Lemoine will make any trouble to Balon and that he has good network with the Anastacio. injustice or fraud.000 was exorbitant--> IBP and SC held that is is reasonable recompense (1% of the 5.000 to be deducted from whatever amount would be successfully collected. sign. Rivas.
Attorney’s fees are deleted. Joseph of Cebu that he be employed as attorney for S. SCC was finally declared to have waived its right to cross examine. SCC is questioning the preponderance of evidence (irrelevant) and the amount of attorneys fees awarded.L. 134 IN RE HAMILTON Facts: • • • • • • L. But this is of no moment. In lieu thereof. Judge Wislezinus said: “Ah hindi pwede yan!” He orderd the fiscal to file an action for disbarment against Hamilton for professional misconduct. the same shall be disallowed. Hamilton received various documents (vouchers. Another misconduct was committed by Hamilton when he proposed. Hamilton entered appearance as attorney of record for Alburo (the defendant in the same case). The officers above mentioned executed a comprehensive security agreement on the loan. however. obtained a loan from State Investment house (SIHI). Hamilton prepared a formal petition for Andrada. On the second misconduct. notes) from Andrada. Hamilton only surrendered the documents received from Andrada when the court ordered him to do so.000 to Garcia on the representation of Lemoine. he was already asking for 50%. SIHI sent demand letters. the lawyer must not arbitrarily apply the funds in his possession to the payment of his fees. which would bring the case within the exception and justify the grant of the award. 133 SCC CHEMICALS v CA Facts: • • • • • • • • Issue: • Held: • • • • • SCC Chemicals Corporation. No. W/N SIHI is entitled to attorney’s fees. The cross-examination was postponed many times. Given the failure of the trial court to explicitly state the rationale for the award of attorney’s fees. Joseph Lumber Yard. Calinisan. to S. after receiving the check. through its chairman and vice president. The award of attorney’s fees is the exception rather than the rule. Mendiola. Hamilton’s defense was that there was no attorney-client relationship between him and Andrada—since he was not the attorney of record.a. Surcharges: 2% per month on the remaining balance. (and irrelevant) Now. \hence it is necessary for the trial court to make findings of fact and law. He can file the necessary action with the proper court to fix the fees Before receiving the check. that Hamilton was not noted as attorney of record for Andrada. Sarenas 2C . Porter Hamilton advised and counseled Luciano Andrada in regard to a claim (by Andrada) against Isabelo Alburo. But SCC failed to pay the loan. Gana Lopez. he proposes a 25% attorney’s fees. a lawyer shall not engage in unlawful acts . Rivas. and also prepared papers relating to attachment proceedings against the property of Alburo. through a letter. Since the trial court did not state any reason for awarding the attorney’s fees. however. In case of disagreement.LEGAL ETHICS ISSUE: HELD: - 2nd Sem 2005-2006 mentioned agencies. It appeared. No written memorandum of the turn-over was made because Garcia was a co-Rotarian and co-attorney of Balon Balon was in possession of the said check for 5 years W/N Balon violated the Code of Professional Responsibility YES! And he was ordered disbarred by the SC The lawyer’s continuing exercise of his retaining lien presupposes that the client agrees with the amount of attorney’s fees to e charged. The appeal is partially granted. Hamilton’s defense was that the letter (where he made the proposition) was privileged communication so it cannot be used as evidence against him. must observe fairness in all his dealings with his client and must hold in trust all moneys and properties of his client a lawyer who practices deceit in his dealings with his client not only violates his duty of fidelity loyalty and devotion to the client’s cause but also degrades himself and besmirches the name of an honorable profession. Loan amount was P130T.L. Fernandez. under a threat to compel said person to accept his proposition. SIHI presented one witness to prove his claim. Later on. with a 30% interest rate p. but no payment was made. A lot of challenges were made by SCC on the validity of the document. under the Code of Professional Responsibility. Morada. Anastacio. Balon later claimed that he gave P233. Beron. the fees should have been disallowed by the appellate court. Radio Communications of the Philippines v Rodriguez stated that the reason for the award of the attorneys’ fees must be stated in the text of the court’s decision.
counsel cannot be permitted to shield himself behind the privilege. the confidential relationship was established. It is not necessary that any retainer should have been paid. As to the claim that the letter to S. To constitute professional employment it is not essential that the client should have employed the attorney professionally on any previous occasion. From such documents.L. Rivas. Mendiola. From these ultimate facts. Gana Lopez. Francisco sent a written opinion to Hilado.L. this opinion was reached on the basis of papers submitted at his office. an attorney-client relationship between Francisco and Hilado can be said to have ensued.LEGAL ETHICS Issue: Is Atty Hamilton guilty of professional misconduct? 2nd Sem 2005-2006 Held: Yes. Delgado et al. Atty Vicente Francisco entered his appearance for Assad substituting Ohnick et al. Said judge reasoned that no attorney-client relationship existed between Hilado and Francisco. and the attorney voluntarily permits or acquiesces in such consultation. He did not offer his services in good faith to his client. The existence of attorney-client relationship precludes the attorney from representing (and receiving a retainer from) the opposite party in the same case. The existence of an attorney-client relationship could be established by overt acts. sought to disqualify Francisco from representing Assad in the case. The fact that he did not allow his name to be place by the clerk of court as attorney of record for Andrada (when the papers were filed) can only be considered as proof of lack of good faith with the client to whome he was rendering professional services. Furthermore. in a disbarment proceeding. And that the written opinion was made by his assistant. 135 HILADO v DAVID Facts: • • • • • • • Blandina Hilado (ganda ng pangalan!) brought an action against Selim Assad to annul the sale of several houses and lot exected by Hilado’s husband. It was alleged that Hilado consulted Francisco regarding the case and that the former turned over papers to the latter. Morada. or in the interest of the adverse party is to strike at the element of confidence which forms the basis of an attorney-client relationship. counsel violated the confidence between him and Andrada. When a person consults with his attorney in his professional capacity with the view of obtaining professional advice or assistance. The rule inhibiting an attorney from acting in behalf of both parties is implied in the Rules of Court (wala pang codified codes of professional responsibility noon). he told his assistant to tell Hilado that their firm would not handle her case. The firm of Delgado urged Atty Francisco to stop representing Assad since there exists an atty-client relationship between him (Francisco) and the other party (Hilado) in the same case. and to permit it be used in the interest of another. neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had. By accepting papers relating to the claim. • Issue: Was there an attorney-client relationship between Francisco and Hilado? Should Atty Francisco be disqualified from representing Assad? Held: The firm of Francisco mailed a written opinion to Hilado on the merits of the case (with Francisco’s signature). which he signed without reading. Joseph. while Ohnick et al filed an answer for Assad. A stipulated fee is not necessary to establish the relationship either. and that Hilado’s purpose in submitting those papers was to secure Francisco’s professional services. Since makulit si Francisco. where the alleged client himself is not insisting on the privilege. An information professionally obtained by an attorney from a client is sacred to the employment to which it pertains. Calinisan. Later on. Sarenas 2C . Fernandez. then the professional employment must be regarded as established. The defense that Francisco never read the written opinion nor the documents submitted by Hilado will not preclude the Anastacio. He added that when Hilado left documents in their office. David is the judge trying the case who dismissed the complaint for disqualification against Francisco. Beron. Hamilton also counseled with Andrada regarding the subject matter of the suit. or charged for. and he should be suspended for 6 years. Delgado et al. Francisco’s defense was that he only met Hilado once and this was when the latter informed him about the case. promised. there was no proof that there was an attorney-client relationship between Hamilton and S. Joseph was privileged. and only for the purpose of explaining to Hilado why his firm rejected the case. was counsel for Hilado. By representing the opposing party in the same case (without the other’s consent) and by refusing to surrender the documents received from Andrada (until there were court orders).
Paredes was the Provincial Attorney of Agusan. Abello. The letter binds and estops him in the same manner and degree as if he wrote it personally. ACCRA lawyers acted as nomineesstockholders. 0033. Rivas. Regala and Cruz Law Offices (commonly known as ACCRA) ACCRA performed services for clients which included acquiring and/or organizing business associations and/or organizations where it acted as incorporators or simply as stockholders As members of the law firm. The prosecution should rely on the strength of their evidence and not on the weakness of the defense Roco merely stated that he was acting as nominee-stockholder for the client and is part of legitimate lawyering.LEGAL ETHICS 2nd Sem 2005-2006 existence of an attorney-client relationship. Roco did not actually reveal the identity of the client for whom he acted as nomineestockholder The ACCRA lawyer’s motion for exclusion was denied (they refused to comply with the PCGG’s offer) by the PCGG and the court. for the recovery of ill-gotten wealth. The fact remains that his firm did give Hilado a formal professional advice from which emerged the relation. Morada. Sarenas 2C . PCGG has no valid cause of action W/N the attorney-client privilege prohibits the ACCRA lawyers from revealing the identity of their clients General rule: a client’s identity should not be shrouded in mystery o Exceptions: where a strong probability exists that revealing the client’s name would implicate that client in the very activity for which he sought the lawyer’s advice o Where disclosure would open the client to civil liability o Where revealing the identity would furnish the only link that would be necessary to convict an individual of a crime Suing the lawyer to force him to disclose the identity of his client in any of these instances is improper and the suit. PCGG was removing Roco because Roco was going to make choochoo and reveal the identity of the principals. It is apparent that the ACCRA lawyers were only impleaded to force them to disclose the identity of their clients. Eduardo Cojuangco et. Hence. Fernandez. The failure to object to counsel’s appearance does not operate as a waiver of the right to ask for counsel’s disqualification. this motion for certiorari W/N the ACCRA lawyers should be excluded from the case Yes. Concepcion. the relation of attorney and client is strictly personal and highly confidential and fiduciary the lawyer is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client • • • • • Issue: • Held: • • Issue: • Held: • • • • • • 137 PEOPLE v SANDIGANBAYAN Facts: Honrada was the clerk of court and acting stenographer of the First MCTC. Beron. *A retaining fee (just in case itanong) is a preliminary fee given to an attorney or counsel to insure and secure his future services. and induce him to act for the client. Sansaet was the counsel of Paredes. And an information obtained from a client by a member or assistant of the firm is information imparted to the firm. Anong kalokohan yan? o Civil Case No. The ACCRA lawyers then filed a comment and/or opposition saying that they should also be removed the way that Roco was. petitioners and Roco admit that they assisted in the organization and acquisition of companies included in Civil Case No.”. In keeping with the office practice. Anastacio. 136 REGALA v SANDIGANBAYAN Facts: • • • Petitioners in this case and private respondent Roco were all then partners of the law firm Angara. Gana Lopez. The ACCRA lawyers also made such statement and should also be dropped. which excluded Roco in Civil Case 33 as party defendant. Motion for disqualification against Attorney Francisco should be allowed. al. which includes shares of stock in certain corporations PCGG later on filed a motion to admit 3 rd amended complaint. may be dismissed on such ground. upon motion. PCGG then said that it will ask for their exclusion only if they will also disclose the identity of their clients During the proceedings. Calinisan. 0033 – “RP v. Mendiola.
he betrayed the trust and confidence of his clients in violation of paragraph (e) Sec.-client privilege to apply. -Upon being informed of this omission. However. regarding a crime he is about to commit after the consultation. In other words. -In the hearing for the motion for reinvestigation. Held: The confession made by Paredes is not covered by privileged communication. the one who filed the perjury case. In a sudden turn of events. -Ngayan discharged Tugade as their counsel and found out that Tugade did not include the name of Leonido in the criminal case filed. The alleged falsified documents were documents purporting to be a notice of arraignment and stenographic notes supposedly taken during the arraignment of the perjury charge. A distinction must be made between communications relating to past crimes already committed. However. but the Director of lands subsequently filed for the cansellation of the patent and title on the ground that the land had been reserved as a school site. Besides.-client privilege. This could be explained by the fact that he was a former classmate of Atty. the period to be considered is the date when the privileged communication was made by the client to the atty. -Tugade was also a lawyer of the brother of Leonido in an insurance company. Calinisan. the fiscal directed the Deputy Minister of Justice to move for the dismissal of the case on the ground of prescription. who was a former classmate of Tugade. such is not privileged information. Mendiola.LEGAL ETHICS 2nd Sem 2005-2006 It appears that Paredes applied for a free patent and Certificate of Title over a lot. with respect to a crime already committed at the time of the communication.against a party or witness… Issue: W/N Tugade must be disciplined for violation of the said Rule HELD: YES. But for the application of the atty. Tugade himself presented an affidavit controverting the discarded affidavit which he prepared for Ngayan. for the rule to attach. Sec. sent a letter to the OMB seeking the investigation of the 3 personalities for falsification of public documents. It is true that by now those crimes had already been committed. -When Tugade furnished the adverse parties with a copy of the discarded affidavit. Tugade crossed out the said paragraph. the adverse parties’ counsel. Atty. In the present case. Sarenas 2C . -Thus Ngayan charged Tugade for violation of paragraphs (e) and (f).. the purpose of the consultation must be for a lawfule purpose. is privileged communication. This case is actually an exception to the rule. It can be assumed that there was confidential information made by Paredes to Sansaet in connection with the falsification case. Atty. was privileged communication. Issue: W/N the confession made by Paredes to Atty. the privilege does not attach. the confession made by Paredes to Sansaet were in reference to a crime of falsification which had not yet been committed in the past by Paredes but which he later committed. the adverse parties in affidavit which Tugade prepared for Ngayan. Having been made for purposes of a future offense. Sansaet revealed that Paredes contrived to have the graft case dismissed on the ground of double jeopardy by making it appear that the perjury case had been dismissed by the trial court . asking to be a state witness against Paredes. Sansaet was. The lower court ruled to nullify the patent and title after finding out that Paredes obtained the same through fraudulent misrepresentations. Morada. and also by the fact that he was the lawyer of Leonido’s brother in an insurance company. Atty. to be a state witness on the ground that the confession made by Paredes to Atty. Gana Lopez. Gaminda. with one paragraph crossed out. it is privileged information. 138 NGAYAN v TUGADE Facts: -Ngayan asked Tugade to prepare and affidavit to be used as basis for a complaint against Soriano and Leonido as a consequence of the latter’s entry into complainants’ dwelling. Rivas. Gelacio. An information for perjury was filed against Paredes. Ngayan signed the affidavit without thoroughly reading it but she noticed one paragraph which did not mention that Leonido was with Soriano when they both barged into complainant’s residence. the OMB denied the request of Atty. and future crimes intended to be committed by the client. because Sansaet was the counsel. Without the lawful purpose. thus enabling the adverse parties to use it as evidence against complainants. It was initially approved.20.20 Rule 138 -Tugade’s actuations from the beginning show that he was partial to the adverse parties. After some time. But if the client consults the atty. Ngayan asked Tugade to make another affidavit and the latter promised to do so.Gaminda. he is suspended from the practice of law for 1 year. -When the omission was remedied by their new counsel. Rule 138 Rules of Court (e) to maintain inviolate the confidence…and to preserve the secrets of his client… (f) to abstain from all offensive personality. -Tugade submitted an affidavit containing facts prejudicial to his former client such as the fact that the crime charged by Anastacio. in effect. Beron. Fernandez. the adverse parties filed a motion for reinvestigation through their counsel. if the client seeks the advice of the atty. those communications are outside the pale of the atty.
• Complainant alleged that the criminal complaint disclosed confidential facts and information relating to the civil case for annulment. • 4 years later. the conflict of interest became incompatible with the mutual confidence and trust essential to every lawyer-client relationship. violative of par.(f) Sec. Gana Lopez. This constitutes an act of offensive personality against complainants.20 Rule 138. Vitriolo is indeed guilty of violating the privilege and confidential relationship of attorney-client relationship NO. A violation thereof would partake more of a private and civil wrong than of a breach of fidelity owing from a lawyer to his client. Complainant did not even specify the alleged communication in confidence disclosed by respondent. Hacienda Asia in Negros Occidental for a period of 10 years It is stipulated in the lease agreement that a specified portion of the lease rentals would be paid to Pfleider and the remainder would be delivered by Palanca to the listed creditors of Pfleider Pfleider filed a suit for the rescission of the lease agreement of the ground of alleged default in the payment of rentals of Palanca. Pfleider also filed for the disbarment of Palanca on the grounds of: o Palanca did not follow the instructions of Pfleider to settle his estafa case against Matiao in 1965 and the latter also failed to deposit the sum of P5. Sarenas 2C . Beron. respondent is guilty of breaching their privileged and confidential relationship. Complainant then wrote Justice Davide that she is desisting from pursuing the case because she has found it in her heart to forgive respondent. Atty. but on account of the lease agreement. Burden of proving that the privilege applies is placed upon the party asserting the privilege. • Complainant’s counsel later on died. making it appear that she was married to a certain Ferdinand Fernandez when in fact she was legally married to Ruben Mercado. Guintos only received P86 o The list of creditors which Pfleider has confidentially supplied Palanca was disclosed by Palance in violation of their attorney-client relationship ISSUE: HELD: W/N Palanca committed a breach of fidelity owing form a lawyer to his client NO! There is no substantial blame against Palanca inasmuch as the latter’s services were implicitly terminated by Pfleider when he sued his lawyer. Rosa Francisco. and that Ngayan asked him to make the offense more grave to prevent the offense from prescribing. Atty.000 as part of the lease rental of the Hacienda Asia o Palanca also falsely represented having paid one Guintos the sum of P866 for the account of Pfleider when in truth and in fact. The case was dismissed. Mercado (complainant) is a Senior Education Program Specialist of CHED. Calinisan. Atty. While the object of the suit is the rescission of the lease contract. Such desistance has no bearing. the results of the investigation recommended that Vitriolo is indeed guilty and should be suspended for a month. Vitriolo filed a criminal action against complainant. ISSUE: • HELD: • • • • • W/N Atty.000 with the court o Palanca has fraudulently charged the P5. • Complainant’s husband filed an annulment case entitled Ruben Mercado v. 140 MERCADO v VITRIOLO FACTS: • Rosa F. Vitriolo is a Deputy Executive Director IV of CHED. Vitriolo substituted the counsel who just died. Pfleider leased to Palanca an agricultural land. Case dismissed. All her claims were couched in general terms and lacked specificity. Fernandez. • Later on. Rivas. Mendiola.LEGAL ETHICS 2nd Sem 2005-2006 Ngayan had already prescribed. Morada. Court cannot be involved in a guessing game as to the existence of facts which the complainant must prove. Also. 141 GENATO v SILAPAN Anastacio. 139 PFLEIDER v PALANCA FACTS: Palanca is the lawyer of Pfleider. The confidential information is a crucial link in establishing a breach of the rule on privileged communication. Pfleider delivered the list of creditors to Palanca not because of the professional relation then existing between them. (falsification of documents: birth certificates of her children. She claims that in filing the criminal case.
1967. ISSUE: Whether or not period to appeal from order denyingh motion for new trial/ reconsideration began to run on Nov 14. He claims that he was compelled by the Municipal Judge of Baungin. Bacarro then filed a complaint for the annulment of said deed of reconveyance. The statement in the motion for reconsideration to the effect that. HELD: March 16. It was improper for the respondent to use it against Genato in the foreclosure case because it was not the subject matter of litigation and ATty. Silapan mortgaged his house and lot. when notice was served upon Atty Caballero. Atty. which subsequently bounced. A motion for new trial/ reconsideration was filed by Atty Caballero on behalf of Bacarro.LEGAL ETHICS 2nd Sem 2005-2006 FACTS: . (Genato lent Silapan money to purchase a new car. in said cas as counsel of Bacarro in collaboration with Atty Pacana. Silapan for his issuance of a bouncing check. Fernandez. to execute a deed of reconveyance of 1/2 of the land to Gaerlan. The judge then issued an order dismissing the complaint. on which date he filed a notice of appeal. Beron. or without proof that he had been notified of Bacarro's motion for reconsideration. Motion was denied in an order issued by the judge dated November 14. When SIlapan failed to pay. 1966. Neither did Atty Caballero substitute or try to substitute Atty Pacana. Genato wanted Atty Silapan to offer bribe money to members of DOJ.. had the effect of continuig the services of Caballero and dropping Pcana... the motion was dismissed. 1966. Essex Silapan . ISSUE: WoN Atty. Atty Luminarias and Caballero entered their appearance. This is not a case of substitution. under threat of prosecution and loss said land. 1967.The various criminal and civil cases were not discussed. cannot sanction Atty.. The judge of the lower court ordered an amendment to th complaint of Bacarro. and presiding judge. Bukidnon to appear before the judge's ofice and then and there coerced and forced. upon the ground that the period to appeal should be reckoned from Nov 14. "after duly relieving his previous counsel moved for the reconsideration of the order. SIlapan refused since such acts are immoral and illegal but also because 'the complainant confided to him that he was really involved in the commission of the crime that was charged'. Silapan's rights because they were pertinent to the foreclosure case HELD: NO. Gaerlan objected to the approval of said notice of appeal. . in this case. SIlapan's professional competence and legal advice were not being attacked in that case. even the prosecutor. By entering his appearnce. especially in his dealings with his clients. A lawyer must conduct himself. On this allegation. Atty Caballero did not substitute Atty Pacana but became one of the attorneys for Bacarro. (walang substitution.) Whether Bacarro could .. without securing his consent. A lawyer is not a gun for hire. Gana Lopez. Notice of said order was not received by Atty Caballero until March 15. 1967. (Atty Silapan was ordered 1 year suspension) 142 BACARRO v CA FACTS: Bacarro is the registered owner of a lot located in Cagayan de Oro city. Calinisan. 1966. petitioner Bacarro.Complaint for disbarment filed by William Ong Genato against Atty.. sabay silang lawyer tapos na-terminate ung employment ni Pacana. Rivas. the latter alleged in his answer that during the previous case (criminal case). with integrity in a manner that is beyond reproach. Mrs. The privilege against disclosure of confidential communications or information is limited only to communications which are legitimately and properly within the scope of a lawful employment of a lawyer.as regards the Court of Gaerlan . GEnato sought the foreclosure of the mortgage and tried to encash a postdated check issued by Silapan.) The Court. Silapan. Silapan committed a breach of trust and confidence by imputing to Genato illegal practices and disclosing alleged intention to bribe govt officials in connection with a pending case? HELD: NO. Morada. Anastacio. Sarenas 2C . It does not extend to those made in contemplation of a crime or perpetuation of a fraud. when a copy of the order was served upon Atty Pacana. ISSUE: WoN disclosures were indispensable to protect Atty. through Atty Caballero. when a copy of said order was served upon Pacana. because it was left for the trial courts to decide. Gaerlan filed a written manifestation inviting attention to the fact that petittoner Bacarro had not complied with said order.When Genato filed a BP 22 case against Atty. or on March 16. Mendiola.validly dispense with the services of Pacana.
144 BICOL FEDERATION v CUYUGAN Facts: • • • • • • Certain members of the Bicol Federation of Labor were hired by Doña Jacinta Cuyugan to clear her land and plant coconut seedlings on it. the least that was expected of him was that he would inform the Tribunal of the developments set forth in his explanation and as that he be allowed to withdraw as counsel. During the harvesting. Mendiola. Morada. was ousting the planters and preventing them from claiming their rightful compensation. Bicol Federation of Labor. The Agrarian Court dismissed the claim of Bicol Federation solely on the ground that the action was not within its jurisdiction. and considering the policy and objectives of such legislation. Nonetheless. the Agrarian Courts has jurisdiction over issues involving an individual(s) claiming for compensation from a landowner. Under the circumstances. Client may at any time dismiss his attorney. in behalf of its individual members. (the relevant issue) Yes. filed an action before the Agrarian court to change their arrangement with the owner from sharing to a lease-hold system. Atty. Fernandez. Atty Fabul can represent the claimants in this case despite the declared termination. According to him. Sanglay then reminded them that failure to file the (appellant’s) brief would mean automatic withdrawal of the appeal. the exculpation he seeks cannot be granted. During the pendency of the action. Rodolfo Soriano and Benjamin Cinco. Manuel Sanglay was filed an administrative complaint for his failure to file a brief within the reglementary period for his clients Benjamin Icalla.LEGAL ETHICS 2nd Sem 2005-2006 HELD: YES. But the custom in the area was that the planter and the owner should share 50-50 in case the owner would not give monetary payment to the planters. may be allowed to continue his representation. He cannot therefore escape liability. Such a step he did not take until after the Feb 3 resolution. the agent of the owner of the land hired other people. He was then assured that the new lawyer will file the brief. It was mentioned to him that another lawyer whose services presumably were hired by the parents of appellants Icalla and Cinco. in his view. in effect. Rivas. Held: No. This. He absolved himself from any blame as. (but he is reprimanded) It was not a willful act on his part. The relatioship between Bacarro and Pacana ceased to exist from the filing of the motion for reconsideration/ new trial. 143 PEOPLE v CASIMIRO Facts: • • • • • • Issue: W/N Sanglay is liable for the late filing of the appellant’s brief. Sarenas 2C . he shoud not withdraw. Calinisan. Issue: Was the action by Bicol Federation within the competence of the Agrarian Court? (Ethics iss ue) Can Atty Fabul still represent the claimants despite the dismissal of his services (by Bicol Federation)? Held: Yes. Under the Code of Agrarian Reforms. he contacted the parents of the appellants. Sanglay was given 10 days from Feb 3. the Court of Agrarian Relations has jurisdiction. Gana Lopez. the planters were being given half of 1/3 of the harvest. This is one of those rare instances where an attorney. 1972 to explain. It did not wipe out the previous manifestation of negligence on his part. insofar as the court is concerned and form receipt of copy thereof by Atty Salcedo. counsel for Bicol Federation—Atty Quirico Fabul—declared that his authority to represent the group has been terminated and that the retainer was in behalf of the individual claimants and not of the Federation. no fault could be attributed to him. To prevent failure or miscarriage of justice and pursuant to the provisions of the Rules of Court. Beron. whose authority has been terminated by his client. This fact was used by the defendants (Cuyugans and the agents) as another defense. These planters were also allowed to plant other crops over the land. and that as a token for his hard work. the names of the individual claimants should be added to the complaint under the legal representation of Atty Fabul until and unless Anastacio. Such desired arrangement would enable them to have a wider area to cultivate and with the least intervention by the landowner’s agents. but his explanation came at the end of the month. insofar as Gaerlan was concerned. When the coconut trees bore fruit.
Sorioso constitutes service upon his client. Anastacio. It follows that since notice and copy of the appellate court’s decision were served by registered mail on the estate’s counsel of record ATTY UNSON and the latter failed to claim his mail on the 5th day after the first notice of the postmaster. Mendiola. 145 DOMINGO SR. Salveron was represented in that case by Atty. Fernandez. Salveron was only informed of the judgment on Mar. ATTY DOMINGO. This was granted by Judge Blanco.000 to AQUINO • Both parties appealed • CA affirmed the ruling of the CFI • Copies of the judgment were sent to ATTY UNSON through registered mail • The new administratrix DE LOPEZ alleges the co-administratrix of STA MARIA. Sorioso was appointed as Assistant Provincial Fiscal of Iloilo on Feb. 1947 when a writ of execution was served on him. As to the contention that removal of ATTY DOMINGO as administratrix means removal of ATTY UNSON as the estate’s counsel because ATTY DOMINGO was the one who engaged the services of ATTY UNSON. Salveron. did not make ATTY UNSON his personal counsel. Rivas. which the petitioners won. SC says NO. W/n the service of judgment made on Atty. Case was remanded to the Agrarian Court. JUDGMENT SC: ATTY REGINO (petitioner’s counsel in this case) is reminded that cooperation of litigants and their attorneys is needed so that needless clogging of the court dockets with unmeritorious cases may be avoided. while it may be true that ATTY UNSON ceased as counsel for the estate and for the former administrator when the intestate court granted his motion to withdraw as counsel by virtue of his appointment to and assumption of public office of Assistant Administrator of the Sugar Quota Administration. 11. Hence. no appearance of new counsel for the estate was ever filed. petition is dismissed and ATTY REGINO is ordered to pay treble costs. Atty. Calinisan. In addition to that. He continued on record in the appellate court and did not file any withdrawal as counsel. Morada. Basilio Sorioso. 26. Even after the removal of ATTY DOMINGO as administrator of the estate. Sorioso. v AQUINO 2nd Sem 2005-2006 FACTS • Court of First Instance approved money claim of AQUINO against the Estate of Domingo and ordered Administratrix STA MARIA to pay P20. the fact that ATTY UNSON’S services were engaged by ATTY DOMINGO in his official capacity as administrator. Gana Lopez. Moreover. ABSENCE OF MANIFESTATION OR NOTICE OF DISCHARGE FILED WITH THE COURT MAKES JUDICIAL NOTICE SENT TO THE COUNSEL OF RECORD BINDING UPON THE CLIENT RATIO Records show that ATTY UNSON was the counsel of record of the ESTATE OF DOMINGO in the appellate court and never filed any withdrawal as such counsel. this was true only as far as the intestate court was concerned. in this case the Estate of Domingo. Salveron then filed a petition to vacate said writ of execution.LEGAL ETHICS each individual claimant should otherwise manifest before the court. 146 AQUINO v BLANCO Facts: Issue: Held: Petitioners Santiago Aquiño and Dionisia Aguirre filed a complaint against Dominga Salveron in the CFI. Sarenas 2C . EVEN IF ESTATE CLAIMS THAT ATTY UNSON WAS NOT THEIR LAWYER AT THE TIME COPY OF THE JUDGMENT WAS SENT. ATTY UNSON filed in the appellate court his memorandum for the estate. ATTY UNSON continued to be authorized to represent the estate as its counsel until the new administrator DOMINGO DE LOPEZ should terminate his services which she never did. Despite the appointment. yun court nagsend ng copy ng decision ng ca kay atty unson pero sabi ng estate hindi valid yun pagsend ng notice kasi hindi na nila lawyer si atty unson at the time notice was served) ISSUE HELD W/N SERVICE OF THE JUDGMENT ON ATTY UNSON WAS VALID YES. 1947. the removal of ATTY DOMINGO is in effect the removal of ATTY UNSON as counsel of the estate • DE LOPEZ prays that the clerk of court be directed to serve a copy of the CA judgment on her counsel instead of ATTY UNSON (In other words. was removed from his trust by the intestate court’s order for having squandered cash so being the one (ATTY DOMINGO) who engaged the services of ATTY UNSON. Beron. such service was deemed completed and effected and binding upon the client. the judgment in the earlier mentioned case was served on Atty.
Calinisan. for which he presented his bill and asserted his retaining lien over the three titles entrusted to him by Angela in the course of his professional employment. and atty. Gana Lopez. Anastacio. no representative from the Chuidian Law Office came. and papers. Chuidian called Atty. the Chuidian Law Office will send a representative on the hearing day. Morada. moral damages. appeared. The principal cases handled by Ampil were filed in the CFI by Angela’s husband and son. -Three elements of attorney’s retaining lien were met: 1) lawyer-client relationship. and as a consequence he became simultaneously disqualified to continue representing his former client. Balcoff was not in the office. Balcoff thought that Chuidian will be the one to appear instead of him. filed a petition to set aside the judgment on the ground of mistake. They concluded that Ampil was therefore bound by the compromise agreement. Mendiola. despite notification. al. -A case was later filed by Antonio and Benigno with the domestic court of Manila. Cruz of Balcoff et. the parties submitted to court. the compromise agreement mentioned above was approved by the Supreme Court. misunderstanding. In such as case the titles to the property could not be said to be properties of the client. Antonio and Benigno Perez. The lack of coordination and understanding between the two law firms cannot be considered a legal excuse within the ambit of excusable negligence. al. WW was first represented by Balcoff et. They also argued that the compromise agreement was entered into 8 years before Ampil was discharged as Angela’s counsel. -The situation would be different where title to the property is the very subject in dispute in the case and the court adjudges the client’s adversary to be rightfully entitled thereto. Ampil took a position adverse to them by seeking to have the compromise agreement annulled. According to the firm of Chuidian. documents. inasmuch as Balcoff et. and 3) unsatisfied claim for attorney’s fees. declared that he had no authority to turn over the records of the case to Chuidian Law Office. Sarenas 2C . Issue: W/N the judgment in favor of Arcangel should be set aside based on misunderstanding. 1947. This dismissal was affirmed by SC. filed with the CFI a money claim case for overtime services rendered to WW. Beron. the lower court rendered judgment in favor of Arcangel. As a result. al. Held: The judgment should not be set aside. Atty. The domestic court dismissed the proceeding on the ground of lack of jurisdiction because the case which was to be settled amicably by the compromise agreement had already been dismissed by CFI as affirmed by SC. which dismissed the action for lack of jurisdiction. It was only when Angela later on confirmed the compromise agreement that it became valid. al. was not a notice upon said respondent. WW decided to replace Balcoff et. Rivas. al. 148 AMPIL v AGRAVA Facts: -Ampil was the counsel for Angela Perez in several cases. 1947. As a result. Atty. The attorney may enforce his lien only over the properties of his client and not against those of his client’s adversary. on behalf of WW. The transfer of the properties to Antonio and Benigno could not retroact to the time the compromise was originally executed. besides. asking that Angela be placed under guardianship and that a suitable person be appointed to administer her properties.. The firm of Chuidian. They claimed that the attorney’s lien must be exercised over the properties belonging to Angela. Later on. -Eventually. when she acquired knowledge of said decision upon the service on her of the writ of execution on March 26. Benigno and Antonio thus filed a case to obtain the titles held by Ampil. -Ampil asserts that Angela terminated his services as counsel without just cause and without paying him for his profiessional services. was still representing the WW. Balcoff et. in the abovementioned case. the herein respondent Dominga Salveron. for unenjoyed vacation. The law firm of Balcoff and Cruz was still WW’s counsel of record. Chuidian said that. al. if at all. When the representative of Chuidian went to the firm of Balcoff to inform the latter of the replacement. 2) lawful possession of the client’s funds. a former employee of Wack Wack (WW). neither WW nor its counsel. Balcoff et. by operation of law he ceased to engage in private law practice. However. because the firm of Chuidian only entered appearance after the date of the hearing mentioned above. Thereafter. As such counsel of record. with the Chuidian Law Office. not over the properties belonging to them in the compromise agreement. Balcoff. So that in contemplation of law the notice of the decision upon him on February 11. seeking the court’s approval of the compromise agreement. and excusable neglect. Mr. 147 WACKWACK GOLF v CA Facts: Arcangel. -Ampil obtained possession of the titles when they still belonged to his client Angela. must have known that it is under obligation to protect WW’s interest until its final release from the professional relationship. Misunderstanding alibi not accepted. Issue: W/N whether Ampil has a right to keep his retaining lien over the said titles until his services are paid for. Fernandez. At the hearing of the case. (This is the misunderstanding that was mentioned above. Held: YES.LEGAL ETHICS - 2nd Sem 2005-2006 When Attorney Sorioso was appointed to the position of assistant provincial fiscal and therein qualified. Atty.’s fees. and the period for perfecting an appeal on the part of the latter in reality did not then commence to run but only.
He wanted to have a lien over all funds and documents that he is currently holding for the administrator. Calinisan. Rustia was the counsel of respondent. which mortgaged the same to Banco de Oro. so the RD annotated the atty's liens on the TCTs. • Atty. All the civil cases were for the declaration of nullity of certain deeds of sale. with damages. Gana Lopez. CA affiremed order to Metrobank to pay ALfariz and ASsociates attys fees. Beron. An attorney shall have a lien upon the funds.330. resold to Herby Commercial. Morada.Arturo Alfariz and Associates handled the civil cases of Metrobank. . Such retention only impedes the corresponding registration and transfer of titles to respondents. Atty. Rustia to hand over the certificate of a land. 149 MATUTE v MATUTE FACTS: • • • • ISSUE: • HELD: • • • • Jose Matute filed an action against the administrator Matias Matute. All that petitioner asserts and exercises is his passive lien of retaining the muniments of title thereto. Rustia obeyed the order. 151 METROPOLITAN BANK v CA FACTS: . • CFI of Manila ordered Atty.LEGAL ETHICS 2nd Sem 2005-2006 -Petitioner is in no way interfering with the taking possession of the properties and enjoyment of the fruits thereof. Rustia has a valid lien over the documents in his possession YES. ISSUE: • HELD: • • • W/N Atty. Fernandez. documents. Jose is asking Matias to surrender 17 titles to various properties of the estate Probate court granted the prayer of Jose and ordere3d the surrender of the titles Matias and his counsel Atty. They filed a motion to enter its charging lien (25% of the actual and current market values of the litigated properties as its attys fees. The lawyers did not have any knowledge of any of the transfers made by Metrobank. Rustia is objecting saying that he has a lien over the TCT for his professional fees..ANTECEDAL FACTS (up to you guys kung gusto nyo basahin tong paragraph na toh. Metrobank sold lots to Service Leasing.Alejandro (plaintiffs) filed a motion to dismiss which was granted with prejudice to the earlier order of annotation. he sent a bill for P32. The courts may require the attorney to deliver up the papers in his possession provided the client files proper security for the attorney’s compensation. The lawyers filed a motion to fix the atty's fees based on quantum meruit. Alejandro alleged fraud in the sale. Sarenas 2C . Metrobank failed to appear and oppose.. Rustia filed this case to annul orders of the CFI of Manila in the case of “Intestate Estate of Antonio de la Riva”.) Despite due notice. the administrator of the intestate estate. • When Rustia was relieved as attorney. Metrobank foreclosed on the properties. Rivas. not pertinent to our lesson): Celedonio Javier bought 7 parcels of land owned by Eustaqio Alejandro. The general or retaining lien of an attorney is dependent upon the possession and does not attach to anything not in the attorney’s hands. and brought suits against Javier and Metrobank. Javier mortgaged with Metrobank the lots to secure a loan of Bautista?Int'l Hotel Corp. Sec 37 of Rule 138 provides that attorneys cannot be compelled to surrender the documents in his possession without prior proof that his fees has been duly satisfied But the court may require the attorney to deliver the papers in his possession provided that the client files proper security for the attorney’s compensation 150 RUSTIA v ABETO FACTS: • Atty. and may retain the same until his lawful fees and disbursements have been paid. Canlas may be compelled to surrender the titles even though he was not yet paid his fees NO! An attorney is entitled to retain documents in the case pending settlement of attorney’s fees. and papers of his client which have lawfully come into his possession. Canlas appealed the decision W/N Atty. Mendiola. Milagros Schmid. And then this case was filed. During the pendency of these suits. . Atty. and may apply such funds to the satisfaction thereof. Anastacio. • CFI nonetheless still went on with its previous order.
. Ramon Gonzales filed a motion to annotate attorney's lien. applicable. The charging lien was WITHOUT ANY LEGAL BASIS. praying that his attorney's lien be annotated on the title of parcels of land of the estate which the heirs had inherited. HELD: "We have ruled that an attorney's lien does not extend to land which is the subject matter of the litigation. the civil cases were dismissed upon the initiative of the plaintiffs "in view of the full satisfaction of their claims". Calinisan. Motion was filed long after they have perfected their appeals. the general rule is that an atty has no lien on the land 152 DORONILA-TIOSECO v CA FACTS: AS a result of dispute among the heirs of the late Alfonso Doronila and their counsel Ramon Gonzales.. In the case at bar. Administrator of the estate opposed the said motion by contending that an attorney's lien does not extend to land and that the proper remedy is attachment. five hundred and fifty-five US dollars (US$2. ISSUE: W/n an attorney's lien extends to land.) ISSUE: W/n the trial court retained jurisdiction to grand Ramon Gonzales' Motion to Annotate Attorney's lien on the title of the parcels of land of the estate after the perfection of the appeal of both the petitioners and respondent from the order declaring Ramon Gonzales entitled to attorney' fees.. Promo Naldoza. 153 GATCHALIAN PROMOTIONS v NALDOZA Facts: • • Gatchalian Promotions Talents Pool. filed a disbarment case against Atty. the RTC denied the heirs' Motion to Cancel Attorney's lien and declare Ramon Gonzales entitiled to 10% of the shares of the heirs of the late Doronila. waiving his cause or interest in favor of the adverse party or compromising his action. Gatchalian assers that the disbarments should prosper since Naldoza committed the ff acts: o o o Appealing a decision. While a client cannot defeat an atty's right to his charging lien by dismissing the case.. allegedly for “cash bond” in the appealed case Issuing a spurious receipt to conceal his illegal act. •Naldoza was claimed to ask for a “Cash Bond’ in UNITED STATES DOLLAR amounting to TWO THOUSAND FIVE Anastacio.. There is an obvious necessity for a hearing because the persons who are entitled to or who must pay attys fees have the right to be heard upon the question of propriety or amount. over his claim for attorney's fees. In line with this. Both of the parties appealed the decision. this rule cannot find application here as the termination of the cases was not at the instance of the client. 3. Naldoza appealed a decision of the POEA. but of the opposing party. 4.. HELD: Trial court has no jurisdiction.LEGAL ETHICS ISSUE: WoN lawyers are entitled to atty's fees HELD: NO 2nd Sem 2005-2006 RATIO: 1. Trial court granted the counsel's motion for annotation. Morada. Rivas. their former counsel. Sarenas 2C .. Gana Lopez.the Court held that in the absence of a statute or special agreement providing otherwise. terminating the services of his counsel. therefore the trial court had no more jurisdiction.555) from complainant. Regarding American jurisprudence stating a contrary rule .. 5. 2. Fernandez. Mendiola. ung mga prior cases. Beron. A charging lien to be enforceable requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment." (eto lang yung sinabi sa case. The dismissal neither provided for any money judgment nor made any monetary award to any litigant. knowing that the same was already final and executory Deceitfully obtaining two thousand. Inc. The lien of respondent is not of a nature which attached to the property in litigation but is at most a personal claim enforceable by a writ of execution.
and in fact. the receipt that Naldoza presented to Gatchalian which allegedly emanated from the SC was spurious. Indeed. but he was held liable for the amount of $2. a college student and about 20 years and 7 months old during her relationship with Anastacio. he also faked a reason to cajole his client to part with his money.555 was not a part of his attorney’s lien. This is an admission of misconduct. One time. but he actually converted it to his personal gain. It was later on dismissed. •Gatchalian came to know that there was no such Cash Bond paid to the SC. Neither has there been any showing that the appeal was dismissed on the ground that the POEA Decision had become final and executory. Fernandez. Laput’s acts were improper and censurable (especially considering that de Barrerra was 72 years old). On the next two issues: o When Naldoza paid P10.555. Laput presented a “Notice for Rendition of Final Accounting and Partition of Estate” to de Barrera. Sarenas 2C .555. Not only did he misappropriate the money entrusted to him. Barrerra refused to signed and asked Laput to just leave the document in order that she may ask someone to interpret it for her. Mendiola. Issue: • Held: • • • W/N Atty Naldoza should be punished for his acts? Yes.000 and issued a check to complainant as his “moral obligation. he does not deserve to continue being a member of the bar. Gana Lopez. not just suspended. Normally. Worse. Laput was suspended for 1 year. Beron. •An estafa case was filed against Naldoza. Laput denied the charges… Issue: Should Laput be disciplined? Held: Naku po naman! Of course. Clearly. Laput should have set the example as a man of peace and a champion of the Rule of Law. Calinisan. It was found by the court that the documents were made by the counsel to end the proceedings and be able to collect his fees. this charge has no leg to stand on. $2. (RC Note: Naldoza claims that Gatchalian owes him P180T in attorneys’ fees. Atty. Rivas. 155 BARRIENTOS v DAAROL FACTS Victoria BARRIENTOS is single.00) (for payment) to the Supreme Court in order that the said appealed case could be heard or acted upon by the Supreme Court.” he indirectly admitted the charge. This compelled the old lady to sign the document. He demanded the money from his client on the pretext that it was needed for the Petition before the Supreme Court. The act of placing the gun on the client’s lap cannot be interpreted other than as an act of threatening such client. he had the gall to falsify an official receipt of this Court to cover up his misdeeds. and after accounting. •Naldoza seeks that he not be suspended in the practice of law. But Laput became angry and even placed a revolver on the lap of de Barrera (who actually was 72 years old). this is not the actuation of one who is falsely accused of appropriating the money of another. Worse. Moreover. • • 154 VDA DE BARRERA v LAPUT Facts: • • • • Casiano Laput was Nieves Rillas Vda de Barrera’s counsel in the settlement proceedings for the estate of de Barrera’s husband. the records of this Court shows that the Petition for Review was dismissed for petitioner’s (Gatchalian’s) failure to submit an Affidavit of Service and a legible duplicate of the assailed Order. the fees were only nominal (P622).S. Being a member of the Bar. An attorney’s client is a person who is supposed to be defended and protected by such counsel. Clearly. On the first issue: o Complainant has failed to present proof regarding the status of the appeal. there has been no evidence that respondent knew that the case was unappealable.LEGAL ETHICS 2nd Sem 2005-2006 HUNDRED FIFTY FIVE (U. he paid him P10T as his moral obligation) o the amount of $2. Morada. Primo Naldoza is DISBARRED.
his plan failed because the register of deeds denied his application. Gana Lopez. Chua apparently uses dilatory tactics and has been reprimanded before. However. Interestingly enough. Calinisan. it was BARRIENTOS’ family who took care of her. it is indubitable that BARRIENTOS was never informed by DAVID of his real status as a married individual.A CONTINUING REQUIREMENT TO BE ABLE TO PRACTICE LAW Issue: Held: - - Anastacio. This was their set up until BARRIENTOS got pregnant. BARRIENTOS then filed an administrative case against DAVID with the National Electrification Administration which was however dismissed. Chua submitted evidence to show that a complaint for libel filed by Flores against him was dismissed by the prosecutor’s office. During her pregnancy until she gave birth. DAVID was separated from his wife for 16 years. he even suggested abortion. W/n Chua is guilty of these acts and should be disbarred. they parked the jeep at the beach and after the usual preliminaries (what a term). But. Hence. Chua was always in the forefront claiming to e the lawyer of the winning parties. a lawyer and the General Manager of Zamboanga del Norte Electric Cooperative who was about 40 years old and married to SUMAYLO. The practice of law is a privilege accorded only to those who measure up to the exacting standards of mental and moral fitness. After the event and before going home. In these publications. Apparently. Flores points out that Chua notarized the deed even if CB did not appear personally. The fact of his previous marriage was disclosed by DAVID only after BARRIENTOS became pregnant. o Chua had already and has the propensity to bribe judges to gain a favorable judgment. Flashback… Parang sine DAVID had been known by the BARRIENTOS family for quite sometime being the former student of Victoria BARRIENTOS’ father and a former classmate of Victoria BARRIENTOS’ mother. BARRIENTOS accepted DAVID’S love. DAVID lived alone in Dipolog City though his son also studies in the same area. Mendiola.LEGAL ETHICS 2nd Sem 2005-2006 Transfiguracion DAVID. with her parent’s permission. Rivas. BARRIENTOS. was DAVID’S partner during the Chamber Commerce affair. Moreover. This is clearly a violation of the duties of a notary public to certify that the person signing the instrument is known to him and that he is the same person who executed it. Chua failed to exercise the required diligence and fealty to his office by attesting to the fact that CB appeared before him and signed the deed when in truth and in fact said person did not do so. DAVID misrepresented himself as being eligible to re-marry for having been separated from his wife for 16 years and even dangled a marriage proposal. SC says YES. this publication is false because the order had not yet become final. o Chua falsified a petition filed with the SEC in order to molest and harass Flores. The wife of CB says that CB could not have signed the deed because she was with CB the whole time before his death. Morada. 156 FLORES v CHUA Facts: Ban Hua Flores seeks the disbarment of Atty. o Chua caused the publication in a newspaper of general circulation in the Visayas of a portion of a SEC decision which ordered complainant and others to pay 68 million. he never introduced his son and went around with his friends as though he was never married. Fernandez. Beron. In his defense. Chua altered the petition to apply for a notice of lis pendens over the property of Flores. they consummated the sexual act. Chua is disbarred On the first ground. Enrique Chua on the following grounds: o Chua notarized a deed of sale which contains the forged signature of Chua Beng (CB). There was no basis for the second ground but the Court said that his filing of the application for notice of lis W/N DAVID SHOULD BE DISBARRED YES. But what surprises the Court is the perverted sense of DAVID’S moral values when he said that “I see nothing wrong with this relationship despite my being married”. it was still pending appeal. o Chua is also charged with forum shopping. the present petition. Flores further alleges that there is a pattern of conduct on the part of Chua that tends towards the frustration of justice.disbarment. Worse. Sarenas 2C . the Court is constrained to impose upon him the most severe disciplinary action --. ISSUE HELD RATIO From the records. Moreover. LACK GOOD MORAL CHARACTER --. These circumstances belie DAVID’S claim that the BARRIENTOS family knew about his marital status at the very start of the courtship. DAVID suggested abortion but BARRIENTOS disagreed. DAVID courted BARRIENTOS and after a week of courtship. DAVID having exhibited debased morality. SC finds Chua guilty of notarizing the deed of sale which contains a forged signature. At this time.
Barcelona should be disbarred. Atty. making it admissible in court without further proof of its authenticity. and that he had no available means of ascertaining their real identities. Rivas. Gana Lopez. Barcelona demeaned the legal profession by taking money from a client under the pretext of having connections with a member of this court. the heirs went to the house of Atty.-in-fact. His act of filing the civil case amounted to forum shopping. Instead of promoting respect for law and the legal processes. He even threatened to file a counter suit against her if she files a case against him. Barcelona. -Notarization is invested with public interest. they merely gave P15. and the public must be able to rely upon an acknowledgement by a notary public appended to a document. Daen was subsequently arrested by the Muntinlupa police. Held: YES. -Subsequently. Daen with his connection with a Supreme Court Justice.LEGAL ETHICS 2nd Sem 2005-2006 - pendens even if he was not counsel for the petitioners in the SEC case meant that he knew of such case. Thus. -Mangibin admitted that the discharge of REM was a forgery but interposed the defense that it was beyond the scope of his duty to ascertain the identity of persons appearing before him. they learned that Atty. Barcelona reached P64. and asked the latter to prepare a discharge of the mortgage and to notarize it afterwards. -Mangibin prepared the discharge of real estate mortgage without asking Castillejos for anything to serve as identification except for a Community Tax Certificate (CTC). to the courts and to his clients. Daen the next day. When the spouses visited Atty. The other grounds were dismissed for lack of merit. Barcelona then proceeded to tell the heirs if they could produce P50K he could secure the release of Atty. The heirs of Hilapo tried to look for a lawyer to secure the release of Atty. The heirs were recommended to Atty. Because the heirs could not produce the total amount. Barcelona should be disbarred.000.000. -Mangibin should have requested other forms of identification or asked questions to ascertain her identity. On another occasion. It converts a private document into a public one. Such document is by law entitled to full faith and credit upon its face. A lawyer brings honor to the legal profession by faithfully performing his duties to society. Its intention is to safeguard the administration of justice by protecting the court and public from the misconduct of the officers of the court. this time to a rural bank -Tabas informed Mangibin that her signature in the questioned discharge of REM was forged but Mangibin did nothing to help. Mangibin was negligent in performing such duty. Daen.700. Mendiola. Atty. he shouldn’t have filed the civil case involving the same issues. Held: Atty. Barcelona regarding the “grease money” to be used to allegedly bribe an SC justice. who was a notary public. Barcelona and gave P10. Calinisan. There were several meetings between the heirs and Atty. demonstrated a penchant for misrepresenting that he had connections to secure the release of Atty. Issue: W/N Atty. Atty. The SC also found sufficient evidence to support the third ground. Daen as their atty. -Mangibin violated the Notarial Law and Canon 1. Barcelona misrepresented to the complainant that he could get the release of Atty. Daen. Beron. administrative agencies. Daen. The deed of mortgage was registered in the Register of Deeds of La Union. -Tabas filed this complaint for disbarment. Commissioner Bautista found Atty. 158 TABAS v MANGIBIN Facts: -A deed of mortgage was delivered to Hilda Tabas evidencing a real property in La Union that was mortgaged to her by Galvan. Atty. Issue: W/N Mangibin should be held administratively liable for negligence in the performance of his duty as a notary public to ascertain the identity of the person appearing before him. The total amount given by the heirs to Atty. Morada. a certain Lilia Castillejos represented herself as Tabas and appeared before Mangibin. to the bar. The heirs made another payment via a check worth P24. His notarial commission is revoked and he is disqualified from reappointment as notary public for 2 years. Sarenas 2C . Atty. Barcelona. The Court reiterated that a lawyer shall at all times uphold the integrity and dignity of the legal profession. In this case. to be guilty of malpractice and breach of duty and recommended that he be disbarred. 159 IN RE ALMACEN Anastacio. 157 BERBANO v BARCELONA Facts: The heirs of Hilapo appointed Atty. -A notary public should not notarize a document unless the person who signed the same is the very same person who executed and personally appeared before him to attest to the contents and truth of matters stated in the document. Disbarment proceedings are sui generis. Fernandez. Courts. This enabled Galvan to mortgage the property again. Daen had decided to engage the services of Atty.000.
he could still be liable for contempt as if it had been perpetrated during the pendency of the said appeal. and abuse and slander of courts and justices thereof. both as an officer of the court and as citizen. Jan. Sarenas 2C . 160 RAYOS-OMBAC v RAYOS Facts: • • • • • • • • • • • Mrs. he preferred that he answer and be heard in an open and public hearing sa that the court could observe its sincerity and candor. Lola refused the offer. on the one hand. However. Calero The trial court. critical of the courts and their juducial actions. post-litigation utterances or publication made by lawyers. (1) defrauding lola and (2) filing frivolous cases against her. a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another. Rivas. Atty Almacen described the court as "a tribunal peopled by men who are calloused to our pleas of justice. the check given by lawyer to lola was dishonored due to insufficient funds. to criticize in properly respectful terms and through legitimate channels the acts of courts and judges. They signed a MOA regarding this transaction. Lola then filed an estafa case against lawyer. Upon demands that the amount be returned." He also referred to the member of the court as "justice as administered by the present members of the SUpreme Court is not only blind. there is no comfort in the argument of Atty." The court asked Atty Almacen to show cause why no disciplinary actions must be taken against him Atty Almacen asked that he be given permission permission to give his answer in an open and public hearing. if couched in insulting language as to bring scorn and disrepute to the administration of justice may subject the attorney to disciplinary action. Mendiola. Lawyer made lola believe that if she would do so. A wide chasm exist between fair criticism. lawyer informed lola that he can only return P400K on installment. prosecutor and judge. whether amounting to a crime or not.because lola allegedly reneged on her promise to sell a certain parcel of land. Fernandez. criticize and censure them as they see fit. grossly disrespectful and deregoratory remarks agaist the court. BUT it is the cardinal condition of all such criticism that it shall be bona fide and shall not spill over the walls of decency and rpopriety. it isn such misconduct that subjects a lawyer to disciplinary action In his relations with the court. Intemperate and unfair criticism is a gross violation of the duty of respect to courts. Morada. the sole objective of the proceeding is to preserve the purity of the legal profession. The decisions of the courta public property and the press and the people have the undoubted right to comment on them. IBP recommended that lawyer be suspended for 2 years. Lola then filed a case for disbarment on 2 grounds. Estafa . as well as its individual members. who ignore without reason thier own applicable decisions and commit culpable violations of the Constitution with impunity. who was then 85 years old. Irene Rayos-Ombac (lola) is the petitioner in this case. He reasoned that since the court is the complainant. Lawyer offered as settlement 2 second-hand cars and cash amounting to P40K. The respondent is Atty. THe pendency or non-pendency of a case in court is of no consequence. her nephew. Beron. Lola then withdrew all her money (P588K) and deposited it in the account of lawyer in Union Bank. on the other. Calinisan. after the hearing rendered judgment against his client he moved for reconsideration (MR) and served copy of the motion to the adverse party but failed to notify the latter of the date and place of the hearing In the CA. Orlando Rayos (lawyer). to withdraw all her bank deposits and entrust it to him for safekeeping. 1985: lawyer induced lola. but also deaf and dumb. The court allowed Atty Almacen to file a written answer and thereafter be heard in an oral argument But his written answer offers no apology but is full of sarcasm and innuendo (SEE PAGE 569-572) ISSUE: W/N Atty Almacen is guilty HELD: YES! and he is indefinitely suspended until further order form the SC Well-recognized is the right of a lawyer. which transcends the permissible bounds of fair commetns and legitimate criticism constitute grave professional misconduct. all the money will be excluded from the estate of her deceased husband and therefore exclude the other heirs from inheriting. Gana Lopez. Lawyer then filed this motion to lift the suspension stating that lola has already withdrawn her complaint for Anastacio.LEGAL ETHICS 2nd Sem 2005-2006 FACTS: Atty Almecen is the counsel of Calero in the case of Yaptinchay vs. Statements made by an attorney in a private conversation or in the course of political campaign. the court moved to also disamiss the case for the reason that the MR does not contain a notice of time and place of hearing and is nothing but a useless piece of paper The SC refised to tkae the cse and in a minute resolution denied the appeal It was at this pont that Atty Almacen filed his "PETITION TO SURRENDER LAWYER'S CERTIFICATE OF TITLE" The pleading filed by Atty Almacen is interspersed from beginning to end with insolent. Almacen that his utterances were made after the judgments against his client attained finality. Pumayag na lang si lola kasi kelangan niya talaga ng pera. Another accusing lola of making false statements in the testate proceedings of her deceased husband. contemptuous. he also referred to his client as "on who was deeply aggrieved by the court's unjust judgment" and has become " one of the sacrificial victims before the altar of hypocrisy. Lawyer also filed cases against Lola.
she filed a case with the Tanodbayan. Sarenas 2C . as well as to suits at law. Gana Lopez. report and recommendation.There was a complaint against a Judge of First Instance which was referred to the Atty General for investigation. (pinabayaan na lang sana niya yung suspension. Yes. indicating that the hearing was held behind closed doors. Lawyer violated the CPR as well as his oath when he deceived his 85 year old aunt. As important as is the maintenance of an unmuzzled press and the free exercise of the rights of the citizen is the maintenance of the independence of the judiciary 162 CUENCO v FERNAN See attachment…=) 163 IN RE LAURETA Facts: • • • • • This case is purely a discussion of Atty. Beron. This power extends to administrative proceedings. He also said that he has not authorized or assisted and or abetted and could not have prevented the contemptuous statements. Mendiola. baka di pa siya disbarred) The withdrawal of lola of her complaint has no effect on the disbarment proceedings. he has manifested lack of respect for and exposed to public ridicule the two highest courts of the land. In my understanding. Laureta’s Motion for Reconsideration finding him guilty of grave professional misconduct and suspending him indefinitely. The power to punish for contempt is inherent in the SC. conduct. Severino Lozano. Anastacio. In fact the SC raised the penalty to disbarment. 161 IN RE LOZANO FACTS . Also. There was an SC resolution which makes such proceedings condiential in nature -The investigation was conducted secretly. Morada.” Laureta is in hot water for he had allegedly circulated/distributed copies to the press copies of the complaint filed before the Tanodbayan. Laureta is the counsel of Illlustre. 2. Lawyer’s wicked deed was aggravated by the series of unfounded suits he filed against lola. The testimonies of the witnesses were mutilated and the report reflected upon the action of the complainant to his possible advantage ISSUE: WoN Lozano and Quevedo are quilty of contempt of court? HELD: YES. And he didn’t complain!! o Laureta’s wife received from the process server the documents/resolutions of the court. Notwithstanding. Lawyer’s deceitful conduct makes him unworthy of membership in the legal profession. the editor of El Pueblo. They are each required to pay the nominal sum of P20 RATIO: 1. printed an article written by Anastacio Quevedo. then the wife could have easily not accepted. Illustre lost a case with the SC First Division. And because of this. If Laureta was really not the counsel. acts and malicious charges of Eva Ilustre who was (allegedly) no longer his client…. But he is sorry for the adverse publicity generated by the filing of the complaint against the Justices before the Tanodbayan! Issue: • Held: • • W/N Laureta should be punished for his alleged acts. Rivas. Firstly. Laureta is really the counsel of Ilustre. Calinisan. and that the info of the reporter was obtained from outside the screen and from comments in social circles. And with this. there is a discussion on Eva Maravilla-Illustre’s Motion for Reconsideration holding her in contempt.LEGAL ETHICS disbarment Issue: • Held: • • • • • W/N lawyer should be suspended for 2 years 2nd Sem 2005-2006 Yes. “in exasperation against those whom she felt had commited injustice against her in an underhanded manner. o The copy of the Tanodbayan resolution indicated that he is the “counsel for the complainant” …. Fernandez.
ISSUE HELD RATIO The Clerk of the City Court testified that when the ejectment case was called for hearing. However. it prevents any of the penalties and disabilities. It was then that the word “Confess Judgment” was written on the expediente which was afterwards signed by both ATTY DE GUZMAN and LAPATHA. Beron. the Governor-General granted him absolute pardon. it removes the penalties and disabilities. Judgment was rendered ordering LAPATHA to vacate the premises and surrender possession to FLORO. Subsequently. 165 IN RE DE GUZMAN FACTS A complaint for ejectment was filed by FLORO against LAPATHA. but it also releases the punishment and blots out the existence of guilt. He has deliberately sought to destroy the authenticity. 164 IN RE LONTOK Facts: • • • Marcelino Lontok is a member of the Bar who was convicted. the Trial Judge asked LAPATHA if she admitted the indebtedness alleged in the complaint filed by FLORO to which LAPATHA answered in the affirmative. reaches not only the offense and the guilt for which a person was convicted of. NOT ENOUGH EVIDENCE HENCE PRESUMPTION OF REGULARITY RULE APPLIES Anastacio. Gana Lopez. LAPATHA filed a Petition for Relief from Judgment. She then gave ATTY DE GUZMAN a check for P350 as partial payment of her arrears in the rentals. and depend alone. or interests that have been forfeited. if granted after conviction. Orders & Other Proceedings (nax civpro ) alleging that at the initial hearing. Laureta’s protestations that he has done his best to protect and uphold the dignity of the Court are belied by environmental facts and circumstances. This testimony of the Clerk of court deserves credit because the Clerk was present at the said hearing and is substantiated with the ruling of the City Judge who. on a statute making the fact of a conviction for a felony ground for disbarment. of bigamy. lawyer of FLORO. If the proceedings to disbar an attorney are founded on.LEGAL ETHICS o 2nd Sem 2005-2006 • • Atty. The only objective of LAPATHA in filing a Petition for Relief was to gain more time to stay in the leased premises. and begged for a 5 day postponement to which ATTY DE GUZMAN verbally agreed to with the condition that she (LAPATHA) sign the court’s expediente of which she did. FLORO filed his Answer alleging that the decision of the City Court was based on an open admission by LAPATHA made in open court and it was after such open admission that the words “Confess Judgment” was written on the expediente. Calinisan. she discovered ATTY DE GUZMAN wrote the words “Confess Judgment” below her signature without her consent. unlike a conditional one. so that he may not be looked upon as never to have committed the offense. His apologetic stance for the “adverse publicity” rings with insincerity. Issue: Should Lontok be stricken from the Roll of Attorneys? Held: No. Sarenas 2C . Fernandez. the motion for disbarment is based solely on the conviction for a crime for which Lontok has been pardoned. Moreover. Laureta admitted that he is the counsel to a reporter of DZRH by the fact of his commenting with “alacrity” (RC note: this means eagerness) regarding the case. property. sans evidence to the contrary. a pardon relieves the counsel of the penal offense but can still be subject to disbarment on the ground of lack of good moral character. Morada. It does not. restore offices. If granted before conviction. Here. W/N ATTY DE GUZMAN SHOULD BE PUNISHED FOR HIS “ACTS” NO. He argues that Lontok should still be disqualified from the practice of law as he was convicted of a crime involving moral turpitude. the Attorney-General prays for the removal of Lontok from the roll of attorneys despite such pardon. But if the disbarment proceedings are founded on the professional misconduct in a transaction which resulted in a conviction for a felony. An absolute pardon. the check of P350 was not given as partial payment of LAPATHA’S arrears in rentals but was given to forestall the execution of judgment. and restores the person to all his civil rights. by final judgment. is presumed to have regularly performed his official duty. however. Rivas. she appeared without counsel so she approached ATTY DE GUZMAN. integrity and conclusiveness of collegiate acts to undermine the role of the SC as the final arbiter of all justiciable disputes. That was why she was surprised later on to receive a copy of a decision from the City Court wherein it appeared that she confessed judgment and upon verification of the expediente which she signed. Mendiola. the pardon operates to wipe out the conviction and the attorney cannot be disbarred.
MTC judge. W/n Judge Flordeliza should be penalized. at the Municipal Employees’ Night Party. The Court believed that Judge Flordeliza did threaten Dr. In the case at bar. The lower court adjudged her to lack the temperament required of a judge. asked Dr. A judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules. dictatorial. Allowing himself to get intoxicated is not the conduct expected of a judge. in an angry manner. Issue: Held: - - 167 ESTOYA v ABRAHAM-SINGSON Facts: A complaint signed by 47 employees and officers of several branches of the RTC Antique was filed with the SC. Calinisan. Hence. Davao del Sur. On gross ignorance of the law: She is grossly ignorant of the law because she considered unlawful aggression as a mitigating circumstance. such proof must be convincing. Morada. the Municipal Health Officer of Jose Abad Santos. evidence is wanting to sustain a finding that ATTY DE GUZMAN committed any deceit or misconduct. this is when Judge Flordeliza threatened to bring an administrative complaint against Dr. Lachica in order to coerce the latter to sign the death certificate. Lachica then tried to explain but to no avail." making the "working atmosphereâ€¦ entirely dependent on her moods on the particular day which most often fluctuates with the moonâ€¦" The signatories allege that they could not understand the judgeâ€™s bizarre actuations and that sometimes she is excessively generous but in most occasions she is "oppressive. Lachica again refused. was approached by Dina Masaglang and Norma Ruton. Lachica refused to sign saying that the attending physician in Gen. Held: The judge is guilty of gross incompetence and gross ignorance of the law. a judge should organize his court with a view to a prompt and convenient dispatch of its business and he should not tolerate abuses and neglect by clerks. were not mere admonitions to correct the employeeâ€™s wrongdoings. despotic. Gana Lopez. Judge Flordeliza. Lachica met the two again and the two told her that Judge Rolando Flordeliza. as attested to by a witness. Amparo Lachica. Lachica. To be a good manager. Mendiola. SC says YES. and unbearable. was ordering her to sign the death certificate. Judge Flordeliza is fined 10. There was also testimony debunking Judge Flordeliza’s excuse that he could not have acted in such a manner because the mayor was sitting with them (the testimony proved that the mayor was not with them). is reprehensible in a judge.LEGAL ETHICS 2nd Sem 2005-2006 The Court agrees with the Solicitor General that in the instant case. She also allowed the release on bail of several accused individuals without giving the prosecution to prove if the evidence of guilt is strong (on the fact that the crime committed by the accused individuals). Dr. Fernandez. Sarenas 2C . She also made errors in the implementation of the Indeterminate Sentence Law. “Bakit hindi mo pinirmahan and death certificate?” Dr.000 The SC was convinced that the charge of misconduct against the respondent judge was established by substantial evidence. Her acts. the administrative complaint is dismissed and ATTY DE GUZMAN exonerated of the charge. Later in the day. Dr. Later in the evening. 9). LAPATHA failed to provide such convincing proof. Dr. who was drunk. Dr. Several persons testified regarding her attitude towards her workers (refer to P. On gross incompetence: According to the canons. Lachica to sit beside him. it is elementary in disbarment proceedings that the burden of proof rests upon the complainant and that to be made the basis for suspension of disbarment. Issue: W/N judge is guilty of gross incompetence and gross ignorance of the law." The judge was further accused of gross and culpable incompetence for having delegated her authority to the Clerk of Court by requiring the latter to make orders or resolve or decide cases for her. The judge Anastacio. 166 LACHICA v FLORDELIZA Facts: One day. Dr. his inebriated demeanor and incoherent behavior during the festivities. It is imperative that that he be conversant with basic legal principles. Santos should be the one to sign. Beron. Also. Lachica. As held in Go v Candoy. Rivas. Lachica to sign a death certificate. who were asking Dr. A judge owes it to the legal profession he belongs and to the public who depends on him to know the law which he is called to interpret and apply. according to the lower court. The signatories allege that Judge Singson "treats her staff in a dictatorial and terroristic manner without regard to the basic dignity and self-respect of the individual. Lachica presented the testimony of certain witnesses confirming that Judge Flordeliza was indeed drinking that night. Judge Flordeliza then said to Dr. one must be a good leader. if not hysterical.
169 IN RE: DEROGATORY NEWS ITEMS FACTS: State prosecutor Formaran charged Yu Yuk Lai. Motion was granted by Judge Laguio Accused filed a Motion for Inhibition arguing that Laguio do not inspire the belief that its decision would be just and impartial. Banite was arraigned and he pleaded not guilty. Muro granted accused motion to order the confinement of the accused in a hospital for a period not exceeding 7 days. both the accused were held at the detention cell of PNP Narcotics Group in Camp Crame Yu Yuk Lai filed a petition for bail on the ground that the evidence against her was not strong. -He did not even examine the records of the case as he merely signed the Orders allegedly prepared by Olarte. The motion for inhibition against Muro was submitted for resolution when Formaran’s secretary informed Formaran that Demetria called and that he wanted to speak to Formaran. and skill of a good manager of court employees. Zubiri was sent by Olarted to request for the release of the accused Banite on bail of P20. His indifference prevented him from discovering that at the time he ordered the release of Banite. -The record does not show that at the time Aguilar ordered Banite’s release. yu Yuk lai was arrested inside the VIP room of the Casino Filipino at the Holiday Inn Pavilion while playing bacarrat unescorted. qualities. Judge Aguilar signed and issued the order approving the property bond. a relative of herein complainants. -It was also irregular for the judge to entertain the request considering that it did not appear that a formal motion had been filed by the accused to that effect. The Information carried no recommendation for bail. -On the same day. together with her nephew before the RTC Manila with violation of RA 6425 Accused of a non-bailable offense.000 and is admonished to exercise greater care and prudence in the performance of his official duties. He also granted the extension of medical confinement of the accused for a period of 1 month or until such time that she is fit to be discharged from the hospital Muro also grnated the motion for leave of court to file demurrer to evidence with motion to admit demurrer to evidence. presided over by Judge Tarriela. -The judge is ordered to pay a fine of P2. Judge Tarriela ordered the Olarte to explain his action considering Banite had already been arraigned. Mendiola. Formaran filed an urgent ex-parte motion to transfer the detention of the accused to the city jail. with another branch of the same court within the province or city…” -Judge Aguilar violated this rule and had no power to act on the request to release Banite on bail.000 without leave of court. -The case was docketed in Branch 44 of the RTC. Morada. Rivas. Gana Lopez. unidentified employees of the RTC manila calling themselves concerned court employees wrote to the Secretary of Justice alleging that Muro ordered the hospitalization of the accused even if she was not sick and there was already a rumor circulating that Muro had given the go signal to the counsel of the accused to file a motion to quash which would be granted for a consideration of millions of pesos and that the contact person is the daughter of the judge who is an employee in the said branch Formaran filed a motion for inhibition praying that Muro inhibit himself from further handling the case Thereafter. the information had not been properly amended.14(a) Rule 114 states that : “Bail in the amount fixed maybe filed with the court where the case is pending.) 168 CUARESMA v AGUILAR Facts: -The Olarte.000. But even Anastacio. including the Property Bail Bond. -Mrs. Banite was released upon such order. Rumors started to circulate that Muro was partial towards the accused Also. Laguio inhibited himelf Case was re-raffled to Branch 53 which was handled by Judge Muro. the Order approving the bond and directing the release of Banite were already prepared for the signature of respondent judge. Issue: W/N Judge Aguilar committed grave abuse of authority in ordering the release of Banite while the latter’s case was being tried in the sala of Judge Tarriela.LEGAL ETHICS 2nd Sem 2005-2006 does not possess the virtues. -Olarte amended the Information to homicide and recommended bail of P20. Demetria. temperament. Denied! Upon receiving information that the accused had been playing regularly in the casinos of Heritage Hotel and Holiday Inn Pavilion. Go Teng Kok and a close friend friend of Demetria went to the office of Formaran in the DOJ. Beron. or in the absence or unavailability of the judge thereof. Judge Tarriela was absent or unavailable and could not have acted on said request. She is tyrannical. a Steno-Reporter at the Office of the Provincial Prosecutor went to see Aguilar—the Executive and Presiding Judge of Branch 45 of the RTC—in his chambers. Fernandez. the Provincial Prosecutor of Mindoro charged Banite with the murder of Acosta. aptitude. Sarenas 2C . Held: YES -Sec. Zubiri. -All pertinent papers. (Please refer to the lengthy testimonies to have an idea of her tyrannical behavior. Calinisan.
When Demetrio heard this. Due process requires that a case be heard by a tribunal that is impartial and disinterested.. Petitioner then moved to disqualify Judge Kayanan. 171 COJUANGCO v PCGG 172 LUQUE v KAYANAN FACTS: Civil Case 4871 was commenced in the CFI of Quezon by Ilao. but also to render it in such a manner as to be free from any suspicion as to its fairness and impartiality and as also to the judge’s integrity. he said:”iyon pala. petitioner no longer filed a motion for reconsideration. Sarenas 2C . The statement of the judge in the decision acquitting Bayongan to the effect that “the crime was committed by Martinez” render it impossible for the judge to be free from suspicion of impartiality. In this case. Beron. But in this meeting. Fernandez. Gana Lopez. Enriquezes against Ona. Hearings were rescheduled many times. Bayongan was the only one arraigned so trial proceeded only against him. Defendant Luque (petitioner) was absent therein. Luque alleged that he was at Branch I. A judge has the duty not only to render a just and impartial decision. During the rebuttal stage. Civil case 4871 was set for trial before Branch I of the CFI of Quezon presided over by Judge Valero. Morada. The motion was dismissed. Petitioner no longer took any action until the rebuttal stage. Mendiola. Martinez surrendered to the police. Judge Kayanan first took cognizance of said Civil Case 4871. Motion was denied. Rivas. He pleaded not guilty to the charge. Africao. Thereafter. Go Teng Kok was already asking Formaran to go easy on Muro and that Formaran has been politely declining the request. Even the requested “help” for Go Teng Kok. The Philippine Daily Inquirer reported that Justice Demetria and Go Teng Kok are “drug lawyers” W/N Justice Demetria is guilty YES! And is dismissed from service with prejudice to re-employment in any government agency and GOCC with the forfeiture of all retirement benefits except accrued leave credits The timely call to Zuno was a logical follow up and no one could have made that call except Justice Demetria. W/N the judge should inhibit himself from proceeding in the case Yes. Gironella is the Judge of CFI of Abra that tried the case. After the motion for inhibition was denied. Counsel for Martinez moved that the Gironella inhibit himself on the grounds that Gironella already had a chance to pass upon the issue and has formed an opinion as to who committed the murder. Bayongan was acquitted. could not have meant any other assistance but the withdrawal of the motion to inhibit Muro 170 MARTINEZ v GIRONELLA Facts: • • • • • Issue: • Held: • • • • • Issue: • Held: • • • Martinez was the principal accused in a murder case.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE: HELD: - prior to that meeting. sought to set aside the decision in civil cases 6 and 26 approving the parties’ compromise agreement which was alledgedly procured thru duress and intimidation. this petition for prohibition was filed. Ilao etc. It was alleged by the Ilao’s attorney that he found that civil case 4871 was not included in the calendar of cases scheduled for Branc I and that he found the case in the sala of Judge Kayanan. That the judge is no longer fair and impartial. there was no proof shown that the judge was unfair and impartial. The conclusion that can be inferred is that the trial was fair and impartial. Zuno politely replied that he would see what he can do. Petitioner lodged a motion to dismiss the case upon the ground of estoppel. whom Demetria claims he did not know and met only that time. On the date set for hearing.” and left the office. Calinisan. Luque (petitioner herein). W/N there should be a new trial for Martinez No. He claimed that the judge doctored the records of the case in that he suppressed the Anastacio. Castillo. and the Baldeos. Zuno then received a call from Demetrio requesting him to instruct Formaran to withdraw his motion for inhibition aginst Muro so that the judge could already issue an order. Duclan and Bayongan were alleged to be accessories after the fact. he told them that he would bring the matter to his superior Zuno.
that at one instance judge irately told him “I will have you disbarred!”. 174 DELGRA v GONZALES Facts: • • • • • Martin Delgra was the assistant provincial fiscal of Davao. SC finds this well taken. It so happened that while a witness was being cross-examined by the defense counsel. Gonzales was judge of the CFI of Davao. Petitioner’s explanations were filed and later on declared by the judge unsatisfactory to warrant his disqualification from trying the case. W/N Judge Nartatez should be penalized? Judge Nartatez issued a Hold Departure Order. Issue: Was the action of Judge Gonzales proper? Held: No. should be disciplined… HELD: YES. Taken all together. 173 HOLD DEPARTURE ORDER Facts: • • • • Issue: • Held: • • The Court Administrator recommended. Fernandez. Petitioner was then ordered by Judge Kayanan to explain why he should not be cited for contempt. The incident could have been prevented had the Judge listened with care to the Fiscal’s observation on the allegedly wrong translation of the witness’ answer.” and strongly banged the gavel… There was also an irregularity in the venue of the case as stated above. respondent judge is ordered to refrain from taking cognizance of the case. interrupting him and continuing to say things against him in a derisive tone and in a humiliating and abusive manner. Anastacio. that Judge Kayanan would not give Luque leeway to speak in court. Gana Lopez. where Delgra was the prosecutor and Gonzales was the presiding judge. confusion arose as to the proper interpretation of the witness’ statement (since it was in the Cebuano dialect). It was against Eileen Lope for alleged violations of BP 22. Judge then verbally ordered a guard to commit petitioner to jail. but the Judge overruled him immediately. Calinisan. that the SC reprimand the Judge and remind him to keep himself abreast of SC issuances so as not to commit the same mistake in the future. Petitioner was restrained for 2 hrs. who wasn not given the chance to speak fully: “that is enough. an incident occurred which triggered this controversy. judge asked Luque to withdraw his pleading moving for the judge’s disqualification. Judge Gonzales ordered that Fiscal Delgra be brought out of the court and into jail. Morada. the judge told petitioner.LEGAL ETHICS 2nd Sem 2005-2006 true and genuine proceedings in open court in that the judge did not state that he moved the case to be dismissed. and thus recalls his hold departure order. The Code of Judicial Conduct enjoins judges to be faithful to the law and maintain professional competence. 39-97 of the SC. Judge Nartatez admits his mistake. Rivas. he declared Delgra in direct contempt and called on the police for the Fiscal’s arrest. sit down. Luque refused. During the trial of a criminal case (entitled People v Suarez). The Secretary of Justice calls attention to the fact that the order in question is contrary to Circular No. The act of the judge ordering the restraint of Luque. which limits the authority to issue hold departure orders to the RTC in criminal cases within their exclusive jurisdiction. that after the judge became tired of talking. The learning process in law is never ending and ceaseless process. ISSUE: W/n Judge Kayanan should be disqualified… W/n Luque a lawyer. Mendiola. Delgra insisted. At a hearing. They can live up to this expectation only by diligent effort to keep themselves abreast of the legal and jurisprudential developments. Beron. When the Judge learned of this. The situation would not have reached grave proportions if the judge only listened carefully to the pleas of the fiscal and patiently allowed the fiscal to make his manifestation. Delgra was not brough to jail. Delgra objected to the translation (argued that it should be “I called Angel” instead of “I called their names”). Sarenas 2C .
the nipa land could not be sold without the intervention of the guardian Hence. 175 FERNANDEZ v BELLO FACTS • • • • • • • • TIMOTEA Perreyras through ATTY MANUEL Fernandez. Rivas. ATTY MANUEL was justified in instituting the guardianship proceedings in order to sell the nipa land. Remember. Beron. Morada.. the judge should be studious to avoid controversies. right class?! The order adjudging Delgra in direct contempt was nullified. she petitioned the court for authority to sell a nipa land owned in common by the wards for the purpose of paying outstanding obligations to UMANGAY The request was granted and the nipa land was sold to UMANGAY However. the opinion of the judge as to the capacity of the lawyer is NOT the basis of the right to a lawyer’s fees but rather the contract between the lawyer and his client In the case at bar. Judges should be temperate and patient. In conversations between judges and counsel. Judge Gonzales abused his discretion in declaring the fiscal in contempt of court. it being the proper remedy W/N THE DESIRE OF THE JUDGE TO HAVE PORTIONS OF ATTY MANUEL’S MOTION FOR RECONSIDERATION BE STRICKEN OUT FOR EMPLOYING STRONG LANGUAGE SHOULD BE GRANTED NO. courteous to counsel. WOULD DEPRIVE HIM OF HIS LAWFUL FEES While the reprimand is in order for ATTY MANUEL’S mistake. the nipa land sold by the guardian had already been previously sold with right to repurchase to RICARDO Perreyras and UMANGAY by FLORENTINO Perreyras. JUDGE BELLO STARTED IT JUDGE BELLO used language such as calling the act of ATTY MANUEL “anomalous and unbecoming” and charging ISSUE HELD RATIO • • • • • ISSUE HELD RATIO • • • ISSUE HELD RATIO • Anastacio. Gana Lopez. restraint is a desirable trait in those who dispense justice.LEGAL ETHICS 2nd Sem 2005-2006 From the transcript of records. P200 is the amount admitted by the guardian TIMOTEA as due ATTY MANUEL W/N ATTY MANUEL’S CONDUCT WAS ANOMALOUS NO. the Court found o ATTY MANUEL guilty of contempt because he had taken the amount of P400 from the proceeds of the sale without previous approval from the court and o ATTY MANUEL’S conduct anomalous for the reason that he instituted the guardianship proceedings only to enable him to collect the unpaid attorney’s fees W/N ATTY MANUEL SHOULD REFUND THE P200 HE GOT NO. Fernandez. Calinisan.. the father of the guardian and wards The interest of RICARDO and UMANGAY were in turn sold for P200 to ATTY MANUEL and another P200 for services rendered by him JUDGE BELLO issued an order requiring ATTY MANUEL to show cause why he should not be suspended from the practice of law and declared in contempt for having abused his relationship with the guardian and taken money from her without prior approval from the court ATTY MANUEL explained that when he received the P200. the mistake is no sufficient ground for the nonpayment of the fees he lawfully earned Duty of the courts is not alone to see that lawyer’s act in a proper manner but also that they are paid their just and lawful fees JUDGE BELLO justifies his order for return of the P200 on the ground that ATTY MANUEL is below average standard of a lawyer However. as her counsel. They should avoid interrupting advocates in their arguments and shy away from a controversial tone in addressing them. Delgra did not so misbehave as to obstruct or interrupt court proceedings. Mendiola. he was no longer the attorney of the guardian as at that time. Sarenas 2C . GUARDIANSHIP PROCEEDING WAS THE PROPER REMEDY Wards were indebted to UMANGAY but they had no money with which to pay the debt thus the only way to settle was to sell the nipa land However. instituted Special Proceedings for her appointment as guardian over her minor brothers Upon her appointment. TIMOTEA secured the services of ATTY BRAULIO Fernandez and that he was only paid P50 for his services to the guardian However.
the rudimentary rule is that the mere suspicion that a judge is partial is not enough. Mendiola. The validity of the marriage of Te to Choa was considered valid at the time he contracted the marriage with Santillo even is Te alleges that it was void ab initio. Morada. - 177 MANTARING v ROMAN Facts: Mantaring filed an administrative complaint against Judge Roman charging the latter of conduct unbecoming of members of the judiciary. They did not live together but occasionally met until Choa gave birth to a girl. Te filed a demurrer and motion to inhibit (directed at the Judge) in the criminal case. which was also denied. Such requirement was evidently imposed upon petitioner’s counsel to ensure that the resolution of the case was not hampered by unnecessary and unjustified delays.http://www. Without such declaration. Te also filed a motion to suspend proceedings in the PRC. Sarenas 2C . (More Important) W/n the motion to inhibit Judge Peralejo (on the ground of bias and prejudice) in the criminal case should be granted. According to Mantaring. For the judge's failure to inhibit. CA consolidated the two petitions and denied both. the denial by the judge of petitioner’s motion to suspend the criminal proceeding and the demurrer to evidence are in accord with law and jurisprudence.gov. Te filed a case for annulment in the RTC. On the other hand. The test for determining the propriety of the denial of said motion is whether petitioner was deprived a fair and impartial trial. in keeping with the judge’s duty to disposing of the court’s business promptly. Mantaring claims that the judge issued the warrant of arrest as a form of revenge against Mantaring and his son for filing the administrative case. As discussed earlier. Thus. it is JUDGE BELLO himself who has made insulting remarks in his orders which provoked ATTY MANUEL If a judge desires not be insulted. Thus. Judge Roman issued a warrant of arrest against Mantaring and his son.LEGAL ETHICS • 2nd Sem 2005-2006 ATTY MANUEL of obtaining his fee “through maneuvers of documents from the guardian” If any one is to be blamed for the language used by ATTY MANUEL. upon the complaint of Choa._edn40 The instances when Judge Peralejo allegedly exhibited antagonism and partiality against petitioner and/or his counsel did not deprive him of a fair and impartial trial. Choa also filed administrative complaints against Te and Santillo with the Professional Regulation Commission (PRC) to revoke their engineering licenses on the ground that they committed acts of immorality. This is because jurisprudence at that time say that there has to be a declaration of nullity before a marriage can be considered as void. The grounds raised by petitioner against Judge Peralejo did not conclusively show that the latter was biased and had prejudged the case.ph/jurisprudence/2000/nov2000/126746. It is true that the court had consistently held that mere filing of an administrative complaint against a judge does not constitute a ground for the disqualification of the judge. Both were denied. Choa then found out that Te married another woman (Santillo). Neither was there anything unreasonable in the requirement that petitioner’s counsel submit a medical certificate to support his claim that he suffered an accident which rendered him unprepared for trial. Beron. the judge should have inhibited himself. a criminal case was filed against Te for bigamy. Calinisan. Gana Lopez. Issue: W/N the judge should have inhibited himself from taking cognizance of the application for the warrant of arrest. W/n the civil case constituted a prejudicial question to the criminal case and administrative case. SC says that the motion to inhibit should not be granted. the Judge should have inhibited himself for there was a pending administrative case which involved him and Mantaring. he should start using temperate language himself… he who sows the wind will reap a storm! • 176 TE v CA Facts: Issues: Held: Arthur Te civilly married Liliana Choa. Thereafter. While bias and prejudice have been recognized as valid reasons for the voluntary inhibition of a judge. Held: Yes. which was when Te stopped seeing her. Rivas. Fernandez. the marriage is presumed valid. Mantaring now comes before this court alleging that it was improper for the Judge to take cognizance of the application of the arrest warrant.supremecourt. the factual milieu of these cases is different from the Anastacio.htm . Te filed a petition for certiorari with the CA. SC says that there was no prejudicial question. The Judge alleges that the warrant was issued against Gamo and it just so happened that the place where the illegal firearms were seized was owned by Mantaring. hence. he is reprimanded and warned that commission of the same act shall be severely dealt with in the future. Te also filed a petition for certiorari with the CA. There should be clear and convincing evidence to prove the charge of bias and partiality. Mantaring and his son were arrested for they were in constructive possession of the illegal firearms. However.
defendants therein. *A judge should avoid impropriety and the appearance of impropriety in all activities. In those cases. Mendiola. Singson.000 if she could not afford the P1M Also. Held:YES. Fernandez. The sanctions provided by Rule 140 Sec. Liwanag sent Raymunda Flores a common friend of Avancena and Liwanag who was tasked to bring Avancena to the chambers of Liwanag but Avancena refused Liwanag also made Cora Espanola. Decision making is the most important duty of a judge.000 to be deducted from his retirement benefits. The defendants did not receive a copy of such order. the judge abdicated a function exclusively granted to him by the Constitution. personally and directly prepared by the judge…”) of the Revised Rules of Court.10 are 1) disbarment 2) suspension for 3 mos. Liwanag summoned Avancena to his chamber and told her that she will be convicted unless she pay P1M. -Counsel for therein defendants. a court interpreter. But he did not recommend a specific penalty to be meted out to respondent ISSUE: W/N Liwanag is guilty Anastacio. Issue: W/N Judge Santos’ act of ordering the counsel for one of the parties to draft a decision warrants disciplinary sanction. 179 AVANCEÑA v JUDGE LIWANAG FACTS: Avancena charged judge Liwanag of the MTC of San Jose del Monte. Gana Lopez.000 and there is no reason for her to pay P1M Liwanag summoned Avancena again and told her to raise only P500. -At the said hearing. or 3) fine P20. He must use his own perceptiveness in analyzing the evidence before him and his own discretion in determining the proper action. **A judge should perform official duties honestly. Beron. -In October. Heck” which was lodged at the Regional Trial Court. Atty. Santos admitted the evidence of the plaintiff and considered the defendants as having waived their right to present evidence. subsequently filed a motion to withdraw as counsel which was granted by Santos. In the case at hand. including Heck.LEGAL ETHICS 2nd Sem 2005-2006 case at hand. who reset the hearing date from April 1 to June 10. -Since Santos had already retired. Jardin. -Santos violated Canons 2* and 3** of the Code of Judicial Conduct. Calinisan. 178 HECK v SANTOS Facts: -In a previous case entitled “Flor v. Bulacan with violation of the Anti-Graft and Corrupt Practices Act. -The judge then authorized the counsel for the plaintiffs. Avancena refused to pay since her unpaid balance was only P140. however. He is thus ordered to pay a fine of P20. and with impartiality and diligence adjudicative responsibilities. Santos rendered a decision which was copied verbatim from the draft decision submitted by Atty. -As the defendants never received a copy of the order granting Jardin’s motion to withdraw.Singson. Bulacan for investigation. to telephone Avancena and tell her that the Judge is waiting for her until 4:30pm Judge Liwanag denied the allegations of Avancena and argued that all the contentions of Avancena are lies and fabricated. -By such order. Rivas. -The motion was denied by Judge Santos. and Section 1 Rule 36 (“A judgment or final order determining the merits of the case shall be in writing. to draft the decision. -Such act falls under the classification of a serious charge. It cannot be otherwise concluded that the judge's action in this case was dictated by a spirit of revenge against Mantaring for having filed the administrative complaint. Sarenas 2C . The case was referred to Executive Judge Herrera of the RTC Malolos.000 – 40. report and recommendation Judge Herrera gave more weight to the testimonies of Avancena and concluded that the charges against Liwanag are true. his dismissal or suspension is no longer feasible.000. -Lack of malice or bad faith in issuing the questioned order is not an excuse. filed a Motion to Dismiss on the ground that the RTC has no jurisdiction since the case involved an intra-corporate matter which was within the jurisdiction of the SEC. neither defendants nor their counsel appeared at the hearing on June 10. the administrative complaint was filed during the pendency of the criminal case. Morada. This circumstance should have underscored for the judge the need of steering clear of the case because he might be perceived to be suceptible to bias and partiality. the admiinistrative complaint was filed before the involvement of the judge in the criminal case against Mantaring. Atty. Avancena is the accused in a criminal case for violation of BP 22 Her counsel filed a Motion to Postpone promulgation and to Re-Open Trial to Allow Accused to Present Further Evidence” but the judge denied the motion on the ground that she was able represented by her counsel during the trial of the case Prior to the dismissal of her motion.
2nd Sem 2005-2006
YES! And Judge Liwanag is dismissed from service with prejudice to re-employment in any government agency and GOCC with the forfeiture of all retirement benefits except accrued leave credits The period of almost 4 months which elapsed form May 7, 1999, the date originally set for the promulgation of the decision of the criminal case and August 27,1999, the date it was actually promulgated indicates a deliberate effort on the part of the Judge to delay the promulgation of the decision in order to give complainant more time to raise the money demanded by him
180 CITY OF TAGBILARAN v HONTANOSAS Facts: • City of Tagbilaran is charging Judge Hontanosas with (1) open defiance of a higher court ordering his inhibition from a case and (2) open and notorious habitual gambling in casinos. 1st charge: o RTC ordered MTC Judge Hontanosas to inhibit himself from a criminal case filed by the city against Ong. o Hontanosas forced the fiscal to rest its case and rendered a judgment of acquittal despite the order for him to inhibit 2nd charge: o Hontanosas goes to Cebu on the afternoon and goes back to Tagbilaran early the next day in order to go to the casinos in Cebu o Every Sunday, Hontanosas can be seen around cockpits o That a favorable judgment can be bought from Hontanosas with prices ranging from P500 – P5K Hontanosas’ answer to 1st charge: o The order of the RTC was unlawful due to lack of hearing and failure to include the real parties in interest o Order was issued in connection with a petition for certiorari which is a prohibited pleading in cases covered by rules on summary procedure Hontanosas’ answer to 2nd charge: o He is merely accompanying his wife to Cebu. That his wife just wants some excitement and recreation. o He admits that he goes to the cockpits on Sundays and holidays and gambles sometimes on this occasions. W/N Hontanosas should be sanctioned for disobeying the order that he inhibit himself No. The order was merely mandatory. Rules of Court provide instances when a judge is under obligation to inhibit himself from hearing a case. The judge’s case does not fall under any of those mentioned in the provision. His case falls under the 2nd paragraph which leaves it to his discretion whether or not to inhibit himself. W/N Hontanosas should be sanctioned for gambling in casinos and cockpits Yes. Fine of P12K for violation of Circular No. 4 of August 1980. That circular prohibits actual gambling and mere presence in gambling casinos. Bases for the circular was PD 1067-B and Par. 3 and 22 of the Canons of Judicial Ethics.
Issue: • Held: • •
Issue: • Held: • •
181 RE: APPOINTMENT OF JUDGE CUBE FACTS:- Judge Cube was appointed Presiding Judge of MTC, Branch 22 of Manila. Information was received by the Judicial and Bar Council that he had previously been dismissed as Asst. Fiscal of Pasay City. It was bourne out of the records that an administrative case for gross misconduct and dereliction of duty was filed against Fiscal Cube by Sec of Justice Jose Abad Santos for failure to prosecute a criminal case which led to its dismissal with prejudice. Fiscal Cube was found guilty as charged. - Cube applied for appointment to the Judiciary and in the Personal Data Sheet that he was required to accomplish he deliberately concealed the fact that he was dismissed. He contended that he didnt act dishonestly in not disclosing such fact because his removal from office was WITHOUT PREJUDICE which legally meant that he can still be recalled by the govt to render public service, and that he was in fact RECALLED AND APPOINTED to sensitive positions in the govt prior to the questioned appointment and that he was even allowed by the same govt to avail of the Optional Retirement under RA 1145. ISSUE: WoN Judge Cube acted dishonestly?
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
2nd Sem 2005-2006
HELD: YES1.Judge Cube did not disclose the relevant fact that he had been dismissed for gross misconduct in the discharge of his duties as ASst FIscal of Pasay. That fact was deliberately suppressed. Judge Cube could not equate his dismissal with retirement and give both modes of separation an innocent character. By such disclosure, the Council was led to believe, on the strength of his misrepresentations, that he had a clean record and was not disqualified from appointment to the Judiciary 2. The circumstance that the dismissal was without prejudice is not material, and neither is his subsequent appointment to a municipal position. The fact remains that he was REMOVED and that he DID NOT RETIRE. He was removed after investigation and found guilty of gross misconduct and dereliction of duty in the prosecution of a smuggling case. He cannot now brush his removal aside as if it had never existed at all. It is a blot on his record that has spread even more because of his concealment of it. 3. Judge Cube committed an act of dishonesty that rendered him unfit to be appointed to, and to remain now in, the Judiciary he has tarnished with his falsehood. 182 ALFONSO v JUANSON FACTS: Complainant a doctor of medicine by profession filed with this court a sworn complaint charging the respondent with immorality and violation of the Code of Judicial Ethics. He accuses the respondent of maintaining illicit sexual relations with his wife Sol Alfonso. Complainant received a phone call from the wife of the respondent, Mrs. Juanson who informed him that Sol and respondent judge have been carrying on an affair and that she has in her possession the love letters of Sol which she wants to show to the complainant. When he told this to Sol, she denied it. Sol and complainant left for the USA. Sol returned ahead of complainant. Mrs. Juansosn called up father of complainant and divulged to the latter the illicit affair between respondent judge and Sol. The father of complainant engaged the services of a private investigator who discovered that Sol, after arrival from USA met with respondent judge at an apartment and stayed there for 3 hours. Complainant upon knowing this, complainant confronted Sol. At first she denied it but later, however, admitted having an illicit sexual affair with the judge. Respondent judge denied the allegations and claimed that they have been communicating with each other casually and innocently and not as lovers. He alleges that he came to know of Sol when Sol engaged his professional services prior to appointment to the office of RTC judge. ISSUE: Is the judge guilty of the charge of immorality? HELD: NO. It must be stressed that the respondent is not charged with immorality or misconduct committed before he was appointed to the judiciary. As to the post-appointment period, we find the evidence for the complainant insufficient to prove that the respondent and Sol continued their extramarital affair. In fact, no love notes were presented during trial that are dated after the appointment. Proof of prior immoral conduct cannot be a basis for his administrative discipline in this case. The respondent judge may have undergone moral reformation after his appointment. The imputation of the sexual acts upon the incumbent must be proven by substantial evidence, which is required in admin cases. This the complainant failed to do. However, judge should be held liable for becoming indiscreet. Such indiscretions indubitably cast upon his conduct an appearance of impropriety. Respondent and Sol’s meetings could incite suspicion of either the relationship’s continuance or revival. He violated Canons 3 and 2 requiring judge’s official conduct to be free from appearance of impropriety. Sentence to fine of P2,000. 183 MACALINTAL v TEH Facts: • • • • • Atty. Romulo Macalintal filed a case against Judge Angelito Teh, the Executive Judge and the Presiding Judge of the RTC Branch 87 of Rosario Batangas. His case stemmed from Atty. Mac’s Election case. In that case, Atty. Mac received an adverse resolution from the Judge Teh. Mac then questioned the resolution, via a petition for Certiorari with the Comelec. While the case was pending with the Comelec, Judge Teh actively participated in the proceedings by filing his comment on the petition, and by also filing an urgent manifestation. Mac filed a motion for inhibition, but what Judge Teh did was to hire his own lawyer and files his answer before his OWN court. Teh ordered that Mac pay P100T in attorneys fees and litigation expenses.
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
Issue: • Held: • • • • •
2nd Sem 2005-2006
W/N Judge Teh’s actions were correct. No. Judge Teh was found guilty of gross ignorance of the law, and he is dismissed from the service with forfeiture of all benefits and with prejudice for reemployment. The active participation of Teh being merely a NOMINAL or FORMAL party in the certiorari proceedings is not called for. Judges cannot also act as both party litigant and as a judge before his own court. Teh’s gross deviation from the acceptable norm for judges is clearly manifest.
184 ZIGA v AREJOLA Facts: • • Nelia Ziga and Ramon Arejola are two of the heirs of Fabian Arejola. They inherited a land from Fabiana and became co-owners (with 8 others) of the property. Ramon Arejola was an attorney in the Public Attorney’s Office (PAO). He filed in behalf of his co-heirs an application for registration of title of the land. The petition was granted. A substantial portion of the lot was sold to the City of Naga. The unsold portion was subject to a dispute between the heirs and a 3rd party. Meanwhile, Ramon Arejola was appointed judge of the MTC of Daet, Camarines Norte. Notwithstanding such appointment, Judge Arejola continued to appear in the Land registration case (the dispute with the 3rd person). The court requested him to submit a written authority from the SC to appear as counsel. He did not comply. A second request was made but Judge Arejola insists that it is not needed. Then Judge Arejola wrote the City of Naga for the terms of payment for the sale of the land and his claim for contingent atty fees. Now, Nelia Ziga filed a complaint praying that Judge Arejola be disciplined for appearing before the court without the SC’s permission and for asking contingent atty’s fees and commission. Judge Arejola’s defense was that there was no need for the SC’s permission, as he was appearing as representative of the heirs and not as counsel. He argues that he was a party-in-interest being one of the heirs. He also said that the complaint was filed merely to harass him and that complainant Ziga had a disturbed mind. The executive judge of the RTC found the charge of unauthorized legal practice to be without basis. The Office of the Court Administrator recommended that Judge Arejola be found guilty.
• • • •
Issue: Was Judge Arejola guilty of violating the Code of Judicial Conduct by engaging in the unauthorized practice of law? Held: Yes and FINED 10,000. “Practice of law” is not confined to appearance in court as it also covers the preparation of pleadings and giving of advice to clients. Based on the records, Ramon Arejola engaged in the practice of law after he was appointed MTC Judge (And even if the complaint was filed before he became judge, the fact that he continued to act as counsel after the appointment sustains his liability). It was shown that he: prepared and signed pleadings; appeared for applicants in the case; wrote a letter to the buyer asking for checks and atty’s fees; etc. The representation made by Arejola was not just isolated as there was a succession of acts. His argument that he appeared as co-heir was belied by the tenor of the pleadings and letters showing that he was acting in representation of the heirs. Judge Arejola violated the Rules of Court and Code of Judicial Conduct which prohibits members of the bench from engaging in the private practice of law. Note that the purpose of the prohibition is founded public policy—that is to ensure that judges give their full time and attention to judicial duties and prevent them from advancing private interests. The Civil Service Rules require him to secure a written permission to appear as counsel from the SC. Judge Arejola was even requested by the RTC to procure this written authority. But he did not comply. It appeared from the records that he tried to get a written authority later on. But when he was told by the Court Administrator to provide the details of the case in which he is appearing, he failed to comply. Nevertheless, his act of trying to procure authority was an admission that he was appearing as counsel and that he was aware that he is required to present such before the court. *side issue: Judge Arejola argues that he was not afforded due process as there was no hearing conducted by the Executive Judge. But due process does not require a hearing. Opportunity to be heard is sufficient. In this case, he was given ample opportunity to be heard when he was made to file oral arguments through pleadings. 185 OCA v SARDIDO FACTS • In a Deed of Absolute Sale, MAGBANUA allegedly sold 2 parcels of land to DAVAO REALTY represented by ONG with PAGUNSAN as broker
Anastacio, Beron, Calinisan, Fernandez, Gana Lopez, Mendiola, Morada, Rivas, Sarenas 2C
fined and even dismissed from service • With an unflattering service record. notarized the said deed However. JUDGE SARDIDO was reprimanded. - - - Issue: Held: - Anastacio. She was saying that everything in the complaint were all lies. While the complaint was being investigated on. Circular # 3-89 does NOT refer to criminal cases against erring justices and judges so trial courts retain jurisdiction over the criminal aspect of the offenses committed In the case at bar. in a number of cases. the Court has directed the IBP to refer to the SC for appropriate action all administrative cases filed with the IBP against justices of appellate courts and judges of lower courts Thus. Branch 76. Their relationship also bore a son. SC says YES and Calanog is dismissed from the roll of judges. the National Bureau of Investigation Intelligence Service. Sarenas 2C . whether or not such complaints deal with acts apparently unrelated to the discharge of their duties. the Court had two witnesses (Ernesto Bustamante and Jose Javier) attesting to her earlier complaint. with immorality and conduct unbecoming of a public official. When she refused. he must not qualify (“this Court cannot and shall not try this case against JUDGE HURTADO unless the Supreme Court shall order otherwise) Court Administrator BENIPAYO issued a Memorandum pointing out that Circular # 3-89 refers only to administrative complaints filed with the IBP against justices and judges of lower courts and does not apply to criminal cases before trial courts Court asked JUDGE SARDIDO to explain in writing why he should not be held liable for gross ignorance of the law for excluding Judge HURTADO from the Information filed by MAGBANUA W/N JUDGE SARDIDO COMMITTED GROSS IGNORANCE OF THE LAW YES Under Circular #3-89. However. Mendiola. Castillo agreed to such a proposition. she says that Calanog offered to her the proposition that he be her sub-husband and that he would give Castillo his condominium unit in QC as well as provide financial support for her two minor children and place them in an exclusive school for girls. the case filed against Judge HURTADO is not an administrative case filed with the IBP but a criminal case filed with the trial court Eto na ang mga pangaral ni lola basyang… • A judge is a called upon to exhibit more than just a cursory acquaintance with statues and procedural rules such that he must be conversant with basic legal principles and well-settled doctrine • JUDGE SARDIDO failed in this regard when he excluded Judge HURTADO as one of the accused in the Information and instead forwarded the criminal case to the Supreme Court • Moreover. Morada. who at that time was clerk of court and ex officio notary public but now an RTC judge. Castillo alleges that when she intervened for the intestate estate of her deceased husband. Emma Castillo charged Judge Manuel Calanog. Rivas. She says that Calanog is not anymore giving support. forwarded to the SC Provincial Prosecutor opposed arguing that Judge HURTADO is not within the scope of Circular # 3-89 because the offense charged was committed when he was still a clerk of court and ex officio notary public JUDGE SARDIDO issued an Order excluding Judge HURTADO from the criminal Information filed by MAGBANUA on the ground that Circular # 3-89 does not qualify whether the crime was committed before or during his tenure of office and since the law does not qualify.000 for gross ignorance of the law despite his dismissal from the service 186 CASTILLO v CALANOG Facts: - In a sworn complaint filed with the SC. a friend of hers referred her to Calanog who was supposedly going to help her.000. Castillo also alleges that when she met with Calanog. Fernandez. upon the instruction of the Court.000 and asserts that what she signed was a deed with a stated consideration of P16. Gana Lopez. W/n Calanog should be held liable despite the desistance of the complainant. Plus. JUDGE SARDIDO eroded the people’s faith and confidence in the judiciary • The Court still imposes a fine of P10. Castillo. Castillo is now complaining that Calanog has reneged on his promise.LEGAL ETHICS • • • • • • • 2nd Sem 2005-2006 • • ISSUE HELD RATIO • • • Judge HURTADO . Castillo filed an affidavit of desistance with the SC. carried out a discreet verification of the facts raised in the testimonies and found them to be true. who was allegedly named Jerome Christopher Calanog. that her two children are not in an exclusive girls school and that Calanog has failed to pay the monthly installments on the condominium. Beron. Presiding Judge of the Regional Trial Court of Quezon City. ONG and Judge HURTADO The case was raffled to JUDGE SARDIDO then presiding MTC judge Judge HURTADO filed a motion praying that the criminal complaint against him be forwarded to the SC pursuant to Circular # 3-89 requiring all cases involving justices and judges of the lower courts. the latter brought her to a motel and made sexual advances on her.000 MABGUNUA filed a case of falsification against PAGUNSAN. Calinisan. MAGBANUA denies signing the Deed of Absolute Sale which states that the consideration for the sale was P600.
he thinks that the dismissal of Calanog is too severe. especially when executed as an afterthought. at that time.LEGAL ETHICS - 2nd Sem 2005-2006 Generally. indeed. He believes that Castillo is a liberated woman who was. The Investgating Justice of the CA who hadled the case recommended that the judge be fined in the amount of 15. the judge is guilty of misuse. Calinisan. Even if Emma Castillo had not filed her "Affidavit of Desistance." the SC says that they would not have been swayed solely by her allegations. but also to his behavior outside his sala and as a private individual. Morada. who was in the first place. in violating a judicial precept. Issue: W/N the Judge is guilty of misuse of court facilities. willing to enter into the sexual relationship for the perks it included. considering the situation. as in this case. but must also avoid the appearance of impropriety. said that he was only establishing a restaurant -. Gutierrez. The Code of Judicial Ethics mandates that the conduct of a judge must be free of a whiff of impropriety not only with respect to his performance of his judicial duties." The judge. His act of posting the ads at the Court Bulletin Board tend to corrode the respect and dignity of the courts as the bastion of justice because there occured an interference in the judicial duties of Judge Escano by reason of his own business interests. The moment such act deviates from purposes not directly related to the functioning and operation for which the courts of justice have been established. Held: Yes. This is not a criminal case for concubinage but an administrative matter that invokes the power of supervision of this Court over the members of the judiciary. The judge said that the reason he posted the ad at the Court Bulletin Board was due to the fact that conducting the interviews in his office in the court will be more convenient for him. as in the case at bar. Sarenas 2C . He is also saying that Castillo and Calanog are both offenders and victims. Beron.) The judge further alleges that he immediately ordered the removal of the ads when he learned of the displeasure of some people regarding his use of the Court Bulletin Board. Judges are not only to avoid impropriety. It is of no import that the judge's act of using court facilities be motivated by good cause. took advantage of the complainant's helplessness and state of material deprivation and persuaded her to become his mistress. who had sought his assistance in expediting the intestate estate proceedings of her deceased common-law husband. (He says that his house is too far from the gate and difficult for the applicants to locate.some sort of watering hole for friends. the Court attaches no persuasive value to affidavits of desistance. Suspended for 6 months with a warning. Rivas. has also committed a grave injustice upon the complainant. Anastacio. and they actually found from the testimony of Jose Javier that the Castillo's charges. Dissent: He is mainly saying that Calanog should not be held solely liable and that the penalty of dismissal is too harsh.000 for the misuse of the court facilities. Fernandez. The exploitation of women becomes even more reprehensible when the offender commits the injustice by the brute force of his position of power and authority. rest on sufficient grounds. Gana Lopez. Admissions to the effect that he was hiring the waitresses for his pub that will cater to the prurient desires of males was acquired through the help of the program "Hoy Gising. in his comment. Thus. 187 DIONISIO v ESCANO Facts: Dionisio filed a complaint against Judge Escano charging the Judge of illegally using court facilities in advertising the hiring of attractive waitresses and personable waiters and cooks in the restaurant of the judge. Mendiola. no matter how honorable. It is worth noting here that the respondent judge. it must be immediately rectified. prohibited by the Code of Judicial Conduct from intervening in a case in any court. The judge. It is of no import that the evidence on record is not sufficient to prove beyond reasonable doubt the facts of concubinage having indeed existed and been committed.
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