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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)
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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
are considered as having passed. for lack of unanimity in the eight Justices. in conformity with section 10. disbar or reinstate directly attorneys at law. practice. Fernandez. and the admission to the practice of law in the Philippines. The Congress shall have the power to repeal. shall be uniform in all courts of the same grade and shall not diminish. After this decision has become final. practice and procedure in all courts. and (b) all of article 2 of said law are unconstitutional and. practice and procedure in all courts. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. (1) all the above-mentioned petitions of the candidates who failed in the examinations of 1946 to 1952 inclusive are denied. the classification is fatally defective. The Supreme Court shall have the power to promulgate rules concerning pleading. and (2) all candidates who in the examinations of 1953 obtained a general average of 71. the admission in the practice of law. if according to its judgment the need for a better service of the legal profession requires it. Mendiola. 972 referring to the examinations of 1946 to 1952. The primary power and responsibility which the Constitution recognizes continue to reside in the SC. and procedure in all courts. 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. But this power does not relieve this Court of its responsibility to admit. The existing laws on pleading. Any attempt on the part of any of these departments would be a clear usurpation of its functions. subject to the power of the Supreme Court to alter and modify the same. for justifiable reasons. it is no less certain that only the SC. and legal assistance to the underprivileged. Said rules shall be uniform for all courts of the same grade and shall not diminish increase or modify substantive rights. without having a grade below 50 per cent in any subject. but the authority and responsibility over the admission. practice. that may be so. and procedure. 1. Sarenas 2C ." The Constitution has not conferred on Congress and the SC equal responsibilities concerning the admission to the practice of law. alter. however. whether they have filed petitions for admission or not. 2. modify or supplement the existing rules on the matter. and the admission to the practice of law. may be repealed. That. Morada. the disputed law is not a legislation.5 per cent or more. that is from 1953 to 1955 inclusive. Consequently. and the integration of the Bar. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases. Congress may repeal. suspend. and procedure are hereby repealed as statutes. that part of article 1 which refers to the examinations subsequent to the approval of the law. increase. Gana Lopez. and are declared Rules of Courts. article VIII of the Constitution provides: "Section 13. Beron. shall be uniform in all courts of the same grade and shall not diminish. practice. Anastacio. increase. or supplemented by the Batasang Pambensa. Its power is limited to repeal. The Constitution does not say nor mean that Congress may admit. That (a) the portion of article 1 of Republic Act No. it would have nothing over which to exercise the power granted to it. or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. 111-112 The 1973 Constitution Article X. 7 ECHEGARAY V SECRETARY OF JUSTICE pp. the admission in the practice of law. Had Congress found that this Court has not promulgated any rule on the matter. or supplement the rules concerning pleading. void and without force and effect. or modify substantive rights. disbarment and reinstatement of attorneys-at-law and their supervision remain vested in the Supreme Court.LEGAL ETHICS 2nd Sem 2005-2006 without falling below 50 per cent in any subject. which. Sec5 (5): The Supreme Court shall have the following powers: xxx xxx xxx (5) Promulgate rules concerning the protection and enforcement of constitutional rights. article VII of the Constitution. There is no motive stated by the authorities for the qualification in RA 972 because of this. The 1987 Constitution Article VIII. disbar and reinstate attorneys at law and supervise the practice of the legal profession. suspension. the Integrated Bar. pleading. therefore. is valid and shall continue to be in force. suspend. 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. and not the legislative nor executive department. Rivas. Sec5 (5): The Supreme Court shall have the following powers: xxx xxx xxx (5) Promulgate rules concerning pleading. Calinisan. or a determinate group of individuals to the practice of law. Section 13. as in this case. altered. be admitted in mass to the practice of law. alter and supplement the rules promulgated by this court.
The crime was qualified by treachery and aggravated by its having been committed in band. Beron. and with the use of a motor vehicle. These standards are neither dispensed with nor lowered after admission: the lawyer must adhere to them or incur the risk of suspension or removal. section 5. For the first time. “Moral turpitude” includes everything contrary to justice. In her complaint. Upon review by the Supreme court the penalty was changed to reclusion perpetua. even after he became a lawyer and C. 8 IN RE GUTIERREZ In re Gutierrez Facts: Gutierrez is a member of the Philippine Bar. 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. 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. Fernandez. the respondent. practice. ISSUE: HELD: W/N the illicit relationship with Royong and the open cohabitation with Angeles.) he committed gross immorality by continuously cohabiting with Angeles. Murder is. After serving a portion of the sentence. so that in the eye of the law the offender is as innocent as if he had never committed the offense. The degree of moral turpitude warrants disbarment. are sufficient grounds to cause Oblena’s disbarment YES! Anastacio. filed a rape case against the latter. alter. It was held that such pardon releases the punishment and blots out existence of guilt. or supplement rules concerning pleading. It was not a full pardon which could have blotted out the offense committed. It expanded the rule-making power of the Supreme Court. his common-law wife. on which Gutierrez relies. Admission of a candidate to the bar requires academic preparation and satisfactorytestimonials of good moral character. was granted absolute or unconditional pardon after conviction for the crime of crime of bigamy. the court was given the power to promulgate rules concerning the protection and enforcement of constitutional rights. Sarenas 2C . for which they were held guilty and sentenced to the penalty of death. 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.LEGAL ETHICS 2nd Sem 2005-2006 The 1987 molded an even stronger and more independent judiciary. Under section 5 of Rule 127. Gana Lopez. the pardon granted was conditional. B.) Oblena used his knowledge in law to commit immoral acts without incurring any criminal liability. the investigators concluded that A. Lontok. 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. and procedure. the niece it the common-law wife of Oblena. and merely remitted the unexecuted portion of his term. It also granted for the first time the power to disapprove rules of procedure of special courts and quasi-judicial bodies. 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. As a result if the sexual intercourse. Issue: W/N the conditional pardon to Gutierrez places him beyond the rule of disbarment Held: NO. honesty. Calinisan. a married woman. such a crime. modesty. In the Lontok case. While he was the municipal mayor of Calapan. 9 ROYONG v OBLENA FACTS: Royong. the 1987 Constitution took away the power of Congress to repeal. by taking advantage of his official position. But most importantly. without doubt. Rivas. or good morals. Gutierrez was granted conditional pardon by the President. he and other coconspirators murdered the former 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. Morada.) Oblena falsified the truth as to his good moral character in his application to take the bar. Mendiola. In the case at bar.
on a reconstitution hearing. 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. Morada. seduction or adultery and he is not guilty of any of the grounds for disbarment enumerated in Sec 25. Mendiola. Royong is the niece of his common-law wife and he enjoyed moral ascendancy over her. 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. Rivas. 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. Balicanta did not even try to redeem the properties and even sold the right to redeem to another person. President. Balicanta was also able to obtain a loan from Land Bank using as collateral 9 parcels of land. Fernandez. 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. There is nothing in the law requiring the Solicitor General to charge in his complaint the same offence charged in the original complaint. 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. 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. 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. Marcelina. 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.LEGAL ETHICS 2nd Sem 2005-2006 Although Oblena is not yet convicted of the crime of rape. Balicanta became the Chairman of the Board. he shall file the corresponding complaint accompanied by the evidence introduced in his investigation. 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. What the law provides is that if the Solicitor General finds sufficient grounds to proceed against the respondent. Also. W/N Balicanta should be disbarred Hello?! Siyempre he should be disbarred. Gana Lopez. Sabi kasi ni Balicanta na he’s just going to have the house remodeled and repainted. Cordon’s ancestral home was demolished and Cordon was detained in a nipa shack. 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. piercing the corporate veil) Balicanta has perpetuated massive fraud against his client. Sarenas 2C . 19 parcels of land was transferred in the name of the newly formed corporation. tapos dinemolish na niya. Balicanta’s complaint was dismissed. Gago talaga. The loss requires suspension or disbarment eventhough the statues do not explicitly specify that as a ground of disbarment. Gago talaga to si Balicanta. Torres. One’s own approximation of himself is not a gauge of his moral character. Balicanta enticed Cordon to organize a corporation to develop the properties. Buti na lang at nadiscover ni daughter kung ano nangyari. Balicanta cannot invoke the separate personality of the corporation (wow. 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. Lahat ng ginawa niya against The Code of Professional Responsibility. Calinisan. in all cases unless properly prohibited by statutes. Moral character is not a subjective term but one which corresponds to objective reality. Miriam. Moral character is what the person really is and not what he other people thinks he is. Oblena took advantage of Royong’s trust on him. Sometime after. 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. Isidra’s parents died intestate and left many parcels of land to their 6 children (Isidra.
and prejudiced no one. Beron. The decision of RTC annulling their marriage is not res judicata on the final resolution of this case. and falsehood in notarizing a Special Power of Attorney (SPA). is not a mere ceremony or formality for practicing law to be forgotten afterwards. and that he abandoned Florence without providing them w/ regular support. to which all lawyers have subscribed in solemn agreement to dedicate themselves to the pursuit of justice. Gana Lopez. Held: Yes.700T was paid to JC Benitez Architect and Technical Management for services not rendered (as consultants). Edmundo having freely cohabited with her and even begot a 2nd child. P3. of the JC Benitez Architect and Technical Management.. but a sacred trust that lawyers must uphold and keep inviolable at all times. Said company had a contract with the Municipality of Cainta for the construction of low cost houses. Investigating Commissioner of IBP suggested disbarment ISSUE: WoN Torres should be disbarred? HELD: YES RATIO: 1. Edmundo claimed that he left complainant and their 2 children w/ her consent. The lawyer’s oath. Calinisan. Gregorio E. Facts show that while Edmundo has a subsisting marriage w/ Helen Esparza s/ whom he had 2 children. Florence further averred that Edmundo entered into a 3rd marriage with Josephine Constantino. Edmundo denied the allegations. Said SPA was purportedly executed by Juanito Benitez. 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. What is fraudulent about it is the fact that the SPA was notarized more than 2 months after the death of Benitez.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. the person who supposedly executed it. immoral or deceitful conduct.. And that his conformity through his signature was pro forma because the property was a paraphernal property of Marcelina and his wife. dishonest. 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. deceit. drift and hollow. insisting instead that complainant Florence was fully aware of his prior subsisting marriage. the duress has ceased after wedding day. 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. Rivas. Ariola claims that the document he notarized was superfluous and unnecessary. Sarenas 2C . 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. Even assuming arguendo that Edmunod was coerced by complainant to marry her. Edmundo submitted the decision of RTC declaring his marriage to complainant void ab initio. That the false testimony was a clear oversight. Board Member of the Sangguniang Panlalawigan of Rizal charged Atty. 13 SICAT v ARIOLA Facts: Arturo Sicat. Issue: W/n Edmundo should be disbarred. 3. Fernandez. he entered into a 2nd marriage with complainant. this does not cleanse his conduct of impropriety. While the marriage between complainant Florence and Edmundo has been annulled by final judgment. but that Florence dragged Edmundo against his will to a 'sham wedding'. 2. Ariola of committing fraud. Mendiola. 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. Morada. and Anastacio. nor is it mere words.
and not merely suspended for a year. But when the spouses were appraised for capital gains tax. A deed of sale was made conveying the property to the spouses. There were also badges of fraud that can be attributed to Mesina as there were marked differences in the signatures of Felicisima. June and August 1982 ‘Father’ took care of medical expenses while son continued to receive compensation However. And when he obtained the title upon the misrepresentation that he will return the same after 4 months. 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). and 17 of the Code of Professional Responsibility. Atty Mesina suggested to execute another deed of sale—this time. title in the name of the spouses. Meanwhile. however. yet again. Rivas. Later on. Hence the action. Mesina proposed to simulate a deed of sale wherein the spouses would appear to resell the property to Felicisima. The property. Not long after the title was handed over to the spouses. Sarenas 2C . he violated his duty to promote respect for law and legal processes. Morada. Mesina borrowed the title of the property from the spouses and promised to transfer. Clearly. 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. the spouses were convinced by Mesina to help his mother in consideration for the purchase of the same lot at a certain price. 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. he committed dishonesty again. ‘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. in April 1984. interested in buying the property. 14 CHUA v MESINA. Tecson desisted from pursuing the charges. Issue: Was Atty. Tecson filed charges for falsification of documents. The spouses leased a building owned by Mesina’s family. Held: Yes. Ariola is disbarred.LEGAL ETHICS 2nd Sem 2005-2006 therefore he should be exonerated – the document was cancelled the same day he notarized it. 15. Mesina violated his oath of office and Canons 1. 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. Mendiola. Mesina committed dishonesty. But Mesina failed to effect such transfer and the spouses learned that the property is being offered to a public sale. Beron. Gana Lopez. The case was investigated by the IBP and recommended that Mesina be suspended for gross misconduct. hence legally there was no public document that existed. 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. His disbarment is warranted. A new title was issued to Felicisima by virtue of said deed but this was entrusted in the hands of the spouses. which is before the effectivity of the law imposing capital gains tax. When Felicisima failed to meet her obligations to the bank. Issue: W/N Ariola can be held liable. 7. When he convinced Chua to execute another deed to make it appear that the property was conveyed back to Felicisima. Jr Facts: Atty Simeon Mesina is the legal counsel of spouses Anna Chua and Chua An. the date of the transaction is 1979. himself. To avoid the falsification charge. Fernandez. to attest to the contents and truth of what are stated therein. another lessee of the building—Tecson—questioned the transaction as he was. Calinisan.000 as penalty for failure to serve notice of said termination to son Anastacio.
Eugenio Rosqueta and Citong Bringas. Canoy alleged that Ortiz had never communicated to him about the status of the case. Rivas. Ortiz of misconduct and malpractice. 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. The SC did subsequently receive affidavits from the accused withdrawing their appeal. deliberate and justified refusal to resume employment and not mere absence In the case at bar. Thus.04 of the Code of Responsibility explicitly provides “a lawyer shall encourage his client to avoid. 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. Issue: W/n Estacio’s acts should be punished. Ortiz appeared as counsel for Canoy in this proceeding. Beron.. Atty. He then filed a motion for reconsideration saying that he did file the briefs but he sent it to Rosqueta Sr.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. Gana Lopez. whose house was burned down along with the briefs. Held: SC says yes. the parties not having submitted their position papers. end or settle the controversy if it will admit of a fair settlement” In the case at bar. is already sufficient punishment for his acts. the suspension is lifted and Estacio is not anymore required to file the briefs but he is censured for negligence and inattention to duty. Ortiz for the preparation of the position paper. 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. at considerable financial sacrifice to himself. He was shocked to learn that his complaint was actually dismissed way back in 1998. Mendiola. he made several unfruitful visits to the office of Atty. Ortiz to follow-up the progress of the case. 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. Atty. 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. 17 CANOY v ORTIZ Facts: A Complaint was filed Canoy accusing Atty. Ortiz informs the Court that he has mostly catered to indigent and low-income clients. 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. the SC issued a resolution ordering Atty. Canoy submitted all the documents and records to Atty. “he was frankly preoccupied with both his functions as a local government official and Anastacio. Thereafter. On appeal. to constitute abandonment there must be a clear. His acts were not consistent with the idea that the law is not a business but a profession. Ortiz admits that the period within which to file the position paper had already lapsed. Lawyers do their job not for the sole consideration of money.. Fernandez. for failure to prosecute. Calinisan. Atty. Estacio should have continued with his duties despite knowing that the accused did not have money anymore. It was alleged that Canoy filed a complaint for illegal dismissal against Coca Cola Philippines. SC said that Estacio’s suspension for 5 mos. Morada. Jr. so he was suspended from the practice of law. He attributes this failure to timely file the position paper to the fact that after his election as Councilor of Bacolod City. Estacio failed to explain. Sarenas 2C .
his counsel de oficio made a manifestation that the accused wanted to change his plea to “guilty. 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. 2nd Sem 2005-2006 Held: Atty. and was given the penalty of death. During the promulgation of RTC’s decision.” The prosecution no longer presented testimonial evidence and merely presented exhibits to which counsel de oficio did not comment nor object. as his adoption of these additional duties does not exonerate him of his negligent behavior. he had the duty to exert utmost efforts to defend his client and protect his rights. Suspension from the practice of law for one (1) month. 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. Several of the canons and rules in the Code of Professional Responsibility guard against the sort of conduct. and his negligence in connection therewith shall render him liable. Rule 18. The case is now on automatic review. Beron. Ortiz’s election as a City Councilor of Bacolod City. When accused was arraigned. As a lawyer sworn to uphold justice and the law. he pleaded not guilty.03 and 3. filed a case against Simbillo for violating the Code of Professional Responsibility. Assist. Sarenas 2C . The relationship of lawyer-client being one of confidence. 18 PEOPLE v STA TERESA Facts: Angeles Sta. no matter how guilty or evil he appears to be.000. Simbillo admitted that he caused the advertisement but he argued that solicitation and advertisement is not Anastacio. His failure to do so constitutes a violation of Rule 18. law. Court Administrator. Teresa was found by the trial court to be guilty beyond reasonable doubt of raping his 12-year old daughter. 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. is liable to be sanctioned. Rivas. A lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. Rule 18. Calinisan.” Issue: W/N Atty. After 9 days. 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. Neither is the Court mollified by the circumstance of Atty. Fernandez. the procedures. Ortiz is to be sanctioned.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.03 of the Code of Professional Responsibility. 19 KHAN V SIMBILLO FACTS: An advertisement in Philippine Daily Inquirer came out which reads: “ANNULMENT OF MARRIAGE SPECIALIST 5324333/521-2667. He owes entire devotion to the interest of the client. Morada. Khan. half of which is payable at the filing of the case and the balance after the decision has been rendered.LEGAL ETHICS as a practicing lawyer. Mendiola. Similar advertisement also appeared in The Philippine Star and Manila Bulletin. Espeleta called the number and the wife of Atty.03–A lawyer shall not neglect a legal matter entrusted to him.” SC ordered its staff to call the number and ask some information. Counsel must provide effective legal assistance and commit himself to the cause for the defense. counsel failed to appear and the trial judge had to appoint another counsel de oficio for the purpose of promulgation. and jurisprudence. CANON 18–A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. Rizalino Simbillo answered who said that his husband was an expert in handling annulment cases and guarantees a court decree within 4-6 month.01. The services of Atty. Gana Lopez. Simbillo is for P48. Rule 2. the counsel de oficio’s performance was utterly wanting.
for 2 times.01 states that a lawyer shall not use or permit the use of any false.Isabela. Sarenas 2C . The use of simple signs stating the name/s of the lawyers. Beron. 20 IN RE TAGORDA Facts: Luis Tagorda is a member of the provincial board of Isabela Previous to the last election. not money.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. He also said that the interest of the public is not served by the prohibition and suggested that the ban be lifted. or by personal communications or interviews not warranted by personal relations.” In the Sunday Tribune Bayot first denied the publication but later on admitted. It has been repeatedly stressed that the practice of law is not a business. Solicitation of legal business is not proscribed. The gaining of livelihood should be a secondary consideration. are permissible. Mendiola. and asked for mitigation saying: o o I only did it once. in the Buy & Sell Free Ads Magazine. 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. as well as advertisement in legal periodicals bearing the same brief data. misleading. Fernandez. 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. who might other have 2nd thought. fraudulent.03 provides a lawyer shall not do or permit to be done any act designed primarily to solicit legal business while Rule 3. deceptive. Morada. Calinisan. 1929 case to) The most worthy and effective advertising for a lawyer is a well-merited reputation for professional capacity. W/N the acts of Tagorda is advertising Yes. It is a profession in which the duty to public service. I won’t repeat it again! I never had any case by reason of the publication Anastacio. While the case was being investigated upon by the court. solicitation must be compatible with the dignity of the legal profession. Aside from advertising himself as an “Annulment of Marriage Specialist. Solicitation of business by circulars or advertisements. is the primary consideration.” his assurance of his clients that an annulment may be obtained in 4-6 months from the filing of the case encourages people. It is unprofessional for a lawyer to volunteer advice to bring lawsuit. W/N Simbillo violated the Code of Professional Responsibility YES! Rule 2. undignified. Simbillo again advertised his legal services. Consultation on any matter free for the poor. The use of calling cards is now acceptable. to dissolve their marriage. Rivas. self-laudatory or unfair statement or claim regarding his qualifications or legal services. It results in needless litigations and in incenting to strife. However. the office and residence address and the fields of expertise. IBP recommended that Simbillo be suspended for 1 year and that repetition of similar act will be dealt with more severely. Tagorda suspended for a month. and marriage arranged to wishes of parties. 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. Everything confidential. is unprofessional. Gana Lopez. 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. Solicitation of cases result in the lowering of the confidence of the community and integrity of the members of the bar.
in or out of court which requires that application of law. Morada. legal support services and legal services. Fernandez. as he hereby is.Considering his plea for leniency and his promise not to repeat the misconduct." (Canon 27. "The most worth and effective advertisement possible. Romanillos was previously an active board member as corporate secretary of Durano Corp. Inc (SJHAI) before the human Settlements Regulation Commission in a case against the same DCI. in a manner consistent with the standards of conduct imposed by the canon o Ordinary. knowledge. 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. Calinisan. 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. legal procedures. Section 25 of Rule 127 expressly provides among other things that "the practice of soliciting cases at law for the purpose of gain. That case. 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.. Beron. 23 SAN JOSE HOMEOWNERS V ROMANILLOS Facts: This is a disbarment case against Atty. In In re Tagorda. Nogales who is the prime incorporator. This is in violation of Canon 1 Rule 1. was more serious than this because there the solicitations were repeatedly made and were more elaborate and insistent. Apparently. Law is a profession and not a trade. issuing advertisement similar to or of the same tenor as that of annexes A and B (p381). Considering that Atty. in making known his legal services shall use only true. simple professional card. The proscription against advertising of legal services rests on the fundamental postulate that the practice of law is a profession. the court agrees that the activities of the respondent Legal Clinic constitute the practice of law. 3. 1. even for a young lawyer is the establishment of a wellmerited reputation for professional capacity and fidelity to trust. 2nd Sem 2005-2006 2. Irrelevant info: the case above was an alleged violation of DCI of the Subdivision and Condominium Buyer’s Protection Act. The advertisement in question is meant to induce the performance of acts contrary to law. 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. Exceptions: o Publication in reputable law lists. major stockholder and proprietor of the legal clinic is a member of the Philippine Bar.) 22 ULEP V LEGAL CLINIC FACTS: Ulep prays the Supreme Court to order the Legal Clinic to cease. The card may contain only the statement of his name. however. Regarding the issue on the validity of the questioned advertisements. Mendiola. honest. But it allowed itself to represent San Jose Homeowners Association." It is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares. the Court is of the opinion and so decided that the respondent should be. address and branch of law practiced. the law firm. training and experience. morals. constitutes malpractice. public order and public policy. DCI sold a land designated as a school site. without disclosing it as such.LEGAL ETHICS ISSUE: WoN Bayot can be charged with malpractice? HELD: YES. the Code of Profession Responsibility provides that a lawyer. notwithstanding the manner by which respondent endeavored to distinguish the 2 terms. Code of Ethics. 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. fair. and objective information or statement of facts.. (page 106) Anastacio. common sense would readily dictate that the same are essentially without substantial distinction. reprimanded. 53 Phil. Gana Lopez. Rivas. for representing conflicting interests and for using the title “Judge” despite having been found guilty of grave and serious misconduct (in Zarate v Romanillos). Inc. Applying the case Cayetano vs. The publication is tantamount to a solicitation of business from the public. Sarenas 2C . (DCI). Roberto Romanillos. Practice of law means any activity. This cannot be forced but must be the outcome of character and conduct.02 that is counseling illegal activities. either personally or thru paid agents or brokers. Monsod. 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.
pending appeal with the DOJ. with no bail recommended. It also included his use of “judge” although he was found guilty of grave and serious misconduct. the SJHAI’s Board terminated Romanillos’ services. Sarenas 2C .) And despite the pending appeal. The orders of Judge Roura denying Motion to Defer proceedings are void and set aside. a disbarment case was filed for conflicting interests. Beron. His continued use of “judge” violated Rules 1. a second disbarment case was filed. Calinisan. (he was a judge before. a ten-day period with which the complainants can file petition with the CA. Procedural irregularities in the Office of the Provincial Prosecutor: o Warrants of arrest were issued by the MCTC. In spite of this. Yet. 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). W/N Romanillos should be disbarred Held: Yes. Gana Lopez. Office of the Provincial Prosecutor is ordered to comply with the DOJ Secretary’s resolution. They are servants of the law whose two-fold aim is that guilt shall not escape and innocence shall not suffer. resolution of the CA ordering the Yabuts to comment on the complainants’ action. The IBP handled the case. 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). an not to those who were dishonorably discharged from the service. Rivas. he still continued to serve as counsel for Durano-Rodriguez. Also. Fernandez. 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. but he resigned instead of being booted out) The title “judge” should be reserved only to judges. Morada. she filed the Information. Thus. As long as the lawyer represents 2 or more opposing clients. Prosecutors are the representatives not of an ordinary party to a controversy. but he was merely reprimanded. Though a prosecutor may disagree with the findings of the judge who conducted the preliminary investigation (and conduct his own). and the subsequent arraignment of the Yabuts are void and set aside. The penalty imposed on him in the Zarate case forfeiture of all leave and retirement benefits and privileges: including the title judge. but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all. but the Yabuts were not arrested or were never brought unto the custody of the law. he is guilty of violating his oath.LEGAL ETHICS 2nd Sem 2005-2006 Issue: When SJHAI’s petition over the land was denied. 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. Romanillos acted as counsel for Lydia Durano-Rodriguez who substituted for DCI. and whose interest in a criminal prosecution is not that it shall win every case but that justice be done. Issue: Can the orders of Judge Roura and Judge Villon be sustained despite procedural defects? Held: No. Thus. Anastacio. It would be more prudent to wait for the DOJ resolution. o Alfonso-Reyes was aware of the private prosecution’s appeal to the DOJ from her resolution. The order of Judge Villon on the arraignment. (The subsequent resolution of the DOJ Secretary exposed her blatant errors. Alfonso-Reyes allowed the Yabuts to file their counter-affidavits without first demanding that they surrender by virtue of the standing warrants of arrest.01. Mendiola. The lack of opposition does not mean consent. incumbent and retired. 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.01 and 3. Asst Fiscal Alfonso-Reyes conducted a reinvestigation. And later on. 24 DIMATULAC v VILLON Facts: In the prosecution of the Yabuts for the murder of Dimatulac.
Fernandez. or in which he is prohibited by the Constitution or by any law from having any interest 26 TATAD v SANDIGANBAYAN Facts: 1 Oct. June 16. 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. Calinisan. contract or transaction in connection with which he intervenes or takes part in his official capacity. Gen.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”.. Corrupt Practices of Public Officers (h) Directly or indirectly having financial or pecuniary interest in any business. Marcos and the charges became widely known. Mendiola. The judge’s action must not impair the substantial rights of the accused. as consideration for the release of a check to the said corp. Manager of Amity Trading Corp. alleges that he signed the vouchers only after all the purchases had already been made. 1980 – Tanodbayan referred the complaint to the PSC for investigation and report. 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. (b) receiving a check from Roberto Vallar. nor the right of the State and offended party. Rivas. 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. for printing services rendered during the Constitutional Convention Referendum. Gana Lopez. 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. TRIESTE should be acquitted ISSUE HELD RATIO NOTE *Section 3. 1980 – report by PSC was submitted recommending the filing of charges for graft and corruption. Sarenas 2C . (a) Giving D’Group. 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. 1974 – Antonio de los Reyes. Morada. 1979 – Tatad had a falling out with then Pres. 12. 1. 1979 – a formal complaint was filed with the Tanodbayan Apr. underdelivery or overpricing in the transactions Hence. of DPI Francisco Tatad. and (c) failure to file his Statement of Assets and Liabilities. former Head Executive Assistant of the Department of Public Information (DPI). the acquittal of the accused or dismissal of the case is void. 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. 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. in his defense. a private corporation owned by his brother –in-law unwarranted benefits. Anastacio. Beron.
accept engagement or employment in connection with any matter which he had intervened with in said service. He argues that there was res adjudicata due to the administrative case. Calinisan. when #2 was involved in a civil action. W/n Tatad’s rights to due process and speedy disposition of cases have been violated. 5 informations were filed against Tatad in 1985. Disbarment has not been adjudicated in the previous case. Ong’s case.) sale of steel sheets to Ms. Also. Issue: W/N violated Rule 6. Atty. The new page lowered the bid price from the original amount of P3. it is his duty to contend for that which duty to another client requires him to oppose. and that disbarment was deemed adjudicated therein. after leaving the bank appeared as one of the counsel of Ms. The charges in the complaint. Now. who was the sole bidder.02. Held: Cedo violated Rule 6.67 to only P730. 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. except by express consent of all the parties concerned after the disclosure of facts. in advance of the trial.LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 Oct. Res adjudicata applies only to judicial or quasi-judicial proceedings and not to the exercise of the Court’s administrative powers. Cioco. He alleges that his rights to due process and speedy disposition of cases have been violated. Cedo claims that he did not participate in the litigation of Ms. Fernandez. When a civil action arose because of #1. as in this case. Rivas. In the complexity of what is said in the course of dealings between the atty. service. Records disclose that page four of the said Certificate was surreptitiously substituted. in behalf of one client. then clerk of Court and Ex-officio Sheriff. Ferrer. During Cedo’s stint with PNB. Ferrer. 1985 – Tanodbayan issued a resolution calling for the filing of charges against Tatad in the Sandiganbayan. 25. At a foreclosure sale conducted by the sheriff. Issue: W/N Cioco may be charged with disbarment (W/N res adjudicata appplies) Held: Cioco’s contention has no merit. he became involved in 2 transactions: 1. Cedo was the former Asst.000. Cedo for violation of Rule 6. PLAMACO defaulted in the payment of the loan so the Bank extrajudicially foreclosed the mortgage. of other matters that might only further prejudice the complainant cause. the mere fact that their previous relationship should have precluded him from appearing as counsel for the other side. Sarenas 2C . Whatever may be said as to w/n the atty. the property was sold to the bank. thus he may now longer be charged.02. A certificate of Sheriff’s sale was executed by Atty. Ong and 2. Ong. utilized against his former client information given to him in a professional capacity. 1982 – all affidavits and counter-affidavits were in and the case was ready for disposition.Cioco is sought to be disbarred. the case was being handled by Atty. He also claims that even if it was his law firm handling the Almeda case. Cedo. 263. July 5. The case was ready for disposition as early as 1982 but the informations were only filed in 1985. 182. 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. Cioco and the sheriff who conducted the sale had previously been administratively charged and dismissed from service. Tatad now questions the propriety of the filing of charges. and the client. It is unprofessional to represent conflicting interests. after leaving gov’t. the Almedas were represented by the law firm Cedo. inquiry of the nature suggested would lead to the revelation. A lawyer represents conflicting interests when.) intervened in the handling of a loan of spouses Almeda. Gana Lopez. specially his failure to file his Statement of Assets and Liabilities. Morada. Substantial adherence to the requirements of the law and substantial compliance with the time limitation prescribed by law is part of procedural due process. are not that complicated to require 3 years before formal complaints are filed. Maynigo & Associates of which Cedo was a Senior Partner.02 that states: A lawyer shall not. Mendiola. Therein. Beron. Vice-President of the Asset management Group of PNB. Cioco was administratively proceeded against Anastacio. 27 PNB v ATTY CEDO Facts: PNB filed a complaint against Atty. SC says yes they were violated by the long delay in the termination of the preliminary investigation by the Tanodbayan.
Atty.03 and other historical stuff sa case Facts: 1976: General Bank & Trust Company (Genbank) encountered financial difficulties. et al. 1977: Genbank was declared insolvent. intervened with the liquidation of Genbank. 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. Government lawyers who are public servants owe utmost fidelity to the public service for public service is a public trust. Nonetheless. 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. Soriano asked for an additional P20. Government lawyers should be more sensitive to their professional obligations as their reputable conduct is more likely to be magnified in the public eye. 1986: after EDSA I. Solicitor General Mendoza. Taneo o if the SC finds that he is guilty. Fernandez. William Redoblado introduced Atty. Soriano to Igoy as a Justice of the CA. Genbank failed to recover. Mendiola. Herein. his family and cronies. While Cioco is in effect being indicted twice for the same misconduct. SC denied the petition for review of Igoy with finality Igoy later found out that Atty. 30 PCGG v SANDIGANBAYAN *kalokohan na kaso to.02 of the Code of Professional Responsibility Yes! Atty. Soriano will be able to help him in his case which is pending in the CA Atty. Soriano offered to prepare the Petition for Review to be filed in the SC. 29 IGOY v SORIANO FACTS: ISSUE: HELD: Igoy is one of the petitioners in the case of Heirs of Gavino Igoy. Rule 6. A public bidding of Genbank’s assets was held with the Lucio Tan Group winning the bid.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. Anastacio. representing the government. vs.LEGAL ETHICS 2nd Sem 2005-2006 as an erring Court personnel under the supervisory authority of the court. Rivas. 140++ pages (disclaimer) main decision – 28 pages lang ** merong history of Rule 6. Mactan Shangrila Hotel. He knows it is patently illegal to alter its contents after notarization. The exception is . Redoblado who introduced him to Igoy but Mr. Atty. Soriano which was received by his son. 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. Gana Lopez. Soriano demanded from Igoy P20. Cioco’s participation in changing the bid price in the Certificate of Sheriff’s Sale affects his fitness as a member of the bar. 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. According to Igoy’s friend. However. Atty. Central Bank extended loans to Genbank in the hope of rehabilitating it (P310M). Soriano violated Canon 6. Cioco is disbarred. Soriano’s offer to resign was obviously an attempt to evade whatever penalty may be imposed on him. Beron. since it is already a public document. Soriano filed his letter of resignation/retirement under RA 1616 W/N Atty.000 Igoy send the amount by courier to the address of Atty. Soriano was dismissed from the service with forfeiture of all retirement benefits and is suspended from the practice of law. Morada. Cioco is sought to be disciplined as a lawyer under the court’s plenary authority over members of the legal profession. Eng. Cory established the PCGG to recover the ill-gotten wealth of Marcos. if that misconduct affects his qualification as a lawyer or shows moral delinquency. there is no double jeopardy as both proceedings are administrative in nature. he will retire from the service Atty. Sarenas 2C . Soriano is not a CA Justice and filed this complaint against Igoy in the SC Arguments of Atty. Calinisan.
03 of the Code of Professional Responsibility. no Rule 6. Sandiganbayan decision is affirmed.66.69 and 71. And in 1966. it does not apply to Mendoza. SC is even questioning why PCGG took such a long time to revive the motion to disqualify Mendoza.03 of the Code of Professional Responsibility apllies to Estelito Mendoza No. In relation to this case. Rivas. W/N Rule 6.03 cannot apply retroactively to Mendoza (when he was Solicitor General. PCGG issued several writs of sequestration on properties allegedly acquired by the respondents by taking advantage of their close relationship and influence with Marcos. 2. He is Anastacio. Calinisan.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. 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. he was allowed to do so only because he fraudulently concealed and withheld from the Court his pending criminal case in 1962. probity and good demeanor.an alleged crime is a ground for revocation of his license to practice law. 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. Apparently. Issue: Held: Concurring Opinions: Panganiban & Carpio: the congruent interest prong of Rule 6. PCGG invoked Rule 6. Mendiola. it does not involve conflicts at all. 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. because of his participation in the liquidation of Genbank. The matter (see 3rd note). Genbank (now Allied Bank) is one of the properties that PCGG is seeking to be sequestered from the Lucion Tan group.67. The matter involved in the liquidation of Genbank is entirely different from the matter involved in the PCGG case against the Lucio Tan group. Gana Lopez. (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. PCGG already lost a lot of cases against Mendoza. BUT. Sandiganbayan denied PCGG’s motion.03 of the Code of Professional Responsibility. Sandiganbayan heard the case.03 should have a prescriptive period Tinga: Rule 6.LEGAL ETHICS 2nd Sem 2005-2006 1987: PCGG filed a case against Lucio Tan and certain other people (basta marami sila). 1991: PCGG filed a motion to disqualify Mendoza.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. 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. Beron. According to the Sandiganbayan. Fernandez.03 should be substantial and important. Mendoza did not take an adverse position to that taken on behalf of the Central Bank. or the act of Mendoza as Solicitor General is advising the Central Bank on how to proceed with the liquidation of Genbank.64. Morada. Kyle’s interpretation: PCGG getting desperate Something to think about: SC is somehow of the opinion that Rule 6.03 yet) Bottom line.67.63. Estelito Mendoza (Solicitor General during the time of Marcos) represented the respondents. or indicted for. Sarenas 2C . 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. The intervention contemplated in Rule 6.
and o Diao never attended Quisumbing College Diao claims that he left HS in his third year. Thereafter. 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. died as a result of personal violence inflicted upon him. Beron. He says he was erroneously certified. Cuevas prays that he be allowed to take the lawyer's oath at the court's most convenient time. recently passed the 1996 Bar Examinations. he entered the US Army. Diao has not completed BEFORE taking up law. as a graduate of Quisumbing Collge. Issue: W/n Cuevas should be allowed to take the lawyer’s oath. Also. Gana Lopez. the required pre-legal education prescribed by the Department of Private Education: o Diao did not complete his HS training. Fraudulent passing of the Bar exams 32 IN RE CUEVAS Facts: Petitioner Arthur Cuevas Jr.. he claims that he really got his college diploma from Arellano University in April 1949. Lack of good moral character c. where Raul Camaligan. petitioner's coaccused below. He then would have not been permitted to take the Bar. Severino Martinez charged him for having falsely represented his application: that he had the requisite academic qualifications. The “error” or “confusion” was to his own making. 33 DIAO v MARTINEZ Facts: Telesfor Diao was admitted to the Bar in 1953. Diao’s name is removed from the roll. Issue: Held: Yes. or false pretenses relative to. and upon return to civilian life. petitioner applied for and was granted probation. 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. This resolution was due to his previous conviction for Reckless Imprudence resulting in Homicide. due to confusion. a neophyte. it would have showed that he took up law 6 months before obtaining his Associate in Arts degree.. is equivalent to a HS diploma. He was later discharged from probation and his case considered closed and terminated. Among other grounds for disbarment: a. The conviction stemmed from Cuevas' participation in the initiation rites of the LEX TALIONIS FRATERNITAS. Two years after. W/N Diao should be removed from the roll. In this petition. The court nonetheless is willing to give Cuevas a chance in the same manner that it recently allowed Al Caparros Argosino (case sa legprof). the education authorities considered his army service as the equivalent of 3rd and 4th year HS.. passed the General Qualification Test. Had his application showed that he graduated from Arellano. Held: YES. 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. Calinisan.LEGAL ETHICS 3. Misrepresentations of. The Solicitor General investigated and recommended that Diao’s name be erased from the roll of attorneys. Sarenas 2C . he had successfully and satisfactorily completed the required pre-legal education as prescribed by the Department of Education. to take the lawyer's oath. (he did not offer any explanation for such omission). Morada.” The fact that he hurdled the bar is immaterial. the reqt on applicant’s educational attainment b. Rule: “That PREVIOUS to the study of law. which according to him. a fraternity in the SAN BEDA College of Law. in his school records. Rivas. Fernandez. Passing the bar is not the only qualification to become an Anastacio. 2nd Sem 2005-2006 therefore unworthy to be a lawyer. Mendiola.
Mendiola. Calinisan. 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. 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. Beron. Fernandez. 1985 o However. IRIS was imprudent in her personal affairs Circumstances existed which should have at least aroused her suspicion that something was amiss (i. A lawyer may be disbarred or suspended for misconduct. A complaint for disbarment was also filed by Calub before the SC. 34 CALUB v SULLER Facts: Atty Suller raped the wife of his neighbor Cristino Calub. Morada. 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. taking the prescribed courses of legal study in the regular manner is equally essential. Issue: Can Atty Suller be disbarred? Held: Yes. Gana Lopez. she cut all ties with him In proceedings before the IBP Commission. Rivas.LEGAL ETHICS 2nd Sem 2005-2006 attorney-at-law. whether in his professional or private capacity. not living together as husband and wife. The CFI acquitted Suller for failure of the prosecution to prove guilt beyond reasonable doubt. which shows that he lacks moral character to continue as officer of the court. the fact remains that IRIS’ relationship with CARLOS was clothed with marriage and cannot be considered immoral Moreover. 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. etc) but she did not do anything about it However. children by another woman. 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. A criminal complaint for rape was filed against Suller. Certificate of Marriage certified by State Registrar revealed that date of marriage was actually Oct 22. Acquittal in a criminal case is not determinative of an administrative case for disbarment. The rape by a lawyer of his neighbor’s wife constitutes such serious moral depravity.e. 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. Sarenas 2C . 35 UI v BONIFACIO FACTS LESLIE’S side of the story o LESLIE Ui married CARLOS and had 4 children with him o Subsquently. 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.
It appears that Atty. 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. In her complaint. Aznar told Delos Reyes that she should go with him to Manila or else she will flunk. After dining in a restaurant. 37 DE LOS REYES v AZNAR Facts: Delos Reyes filed a complaint against Atty. Aznar assured her that she would pass. Morada. As such. They went to Manila. are sufficient grounds to cause Oblena’s disbarment YES! Although Oblena is not yet convicted of the crime of rape. 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.LEGAL ETHICS 2nd Sem 2005-2006 Moreover. 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. she failed the subject. his common-law wife. ISSUE: HELD: W/N the illicit relationship with Royong and the open cohabitation with Angeles. Aznar for gross immorality. seduction or adultery and he is not guilty of any of the grounds for disbarment enumerated in Sec 25. The loss requires suspension or disbarment eventhough the statues do not explicitly specify that as a ground of disbarment. Aznar raped Delos Reyes. What the law provides is that if the Solicitor General finds sufficient grounds to proceed against the respondent. 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. a married woman.) Oblena falsified the truth as to his good moral character in his application to take the bar. Anastacio. Rivas. Moral character is what the person really is and not what he other people thinks he is. Calinisan. in all cases unless properly prohibited by statutes. IRIS should be reprimanded for attaching marriage certificate with an altered date 36 ROYONG v OBLENA FACTS: Royong.) he committed gross immorality by continuously cohabiting with Angeles. 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. Despite her plea. 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.) Oblena used his knowledge in law to commit immoral acts without incurring any criminal liability. Also. even after he became a lawyer and C. From the evidence. Sarenas 2C . he slept at the house of his friends. Rule 127 of the Rules of Court. filed a rape case against the latter. Aznar denies all the allegations and says that when he went to Manila. it appears that Aznar was the Chairman of the Board of Southwestern University. the investigators concluded that A. There is nothing in the law requiring the Solicitor General to charge in his complaint the same offence charged in the original complaint. 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. Fernandez. Oblena took advantage of Royong’s trust on him. 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. Issue: W/N Aznar is guilty of gross misconduct. he shall file the corresponding complaint accompanied by the evidence introduced in his investigation. she approached Aznar for reconsideration. As a result if the sexual intercourse. Beron. B. Delos Reyes failed her Pathology subject. One’s own approximation of himself is not a gauge of his moral character. Gana Lopez. Moral character is not a subjective term but one which corresponds to objective reality. the niece it the common-law wife of Oblena. Mendiola. Aznar raped her twice in the evening and thrice the next morning inside the Ambassador Hotel. Royong is the niece of his common-law wife and he enjoyed moral ascendancy over her. 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.
Soon thereafter. where Villanueva is practices his profession. then Judge of CFI and Court of Agrarian Relations. 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. Morada. Sarenas 2C . Fernandez. and subsequently. He cannot dispense with the high exacting moral standards of the profession. the latter cohabited with her and later lived with her as husband and wife. he did not present any evidence to show where he was on that date. Soberano sent another letter saying that her mother has arrived and that the case must case. Guillermo Santos. but Atty. nor so unprincipled as to warrant a disbarment of disciplinary action. SC held that in light of the circumstances in this case. Gana Lopez. The other is the Dean Montemayor of the Ateneo College of Law. Calinisan. entered into a management agreement with FICMI Atty Velasco sold to Rau Sheng his 10. Velasco still refused to deliver the titles Rau Sheng filed an administrative case against Atty. Velasco is guilty of all the allegations made by Rau Sheng HELD: YES! Atty. Rau Sheng presented as evidence letters made by Atty.represented by Atty. While Aznar denied having taken Delos Reyes to the Ambassador Hotel and had sexual intercourse with her. Velasco as its director and stockholder. Haru Gen Beach Resort and Hotel Corporation . Villanueva abandoned them. these acts are neither so corrupt as to constitute a criminal act.000. Beron.LEGAL ETHICS 2nd Sem 2005-2006 Held: Aznar is guilty of gross misconduct. It is the duty of the lawyer. prayed that her motion to withdraw the petition be denied. 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. These indicate that there was o need for Villanueva to stage a fake wedding to induce Soberano to cohabit with him. 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. 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. One is no less than the Executive Judge of the CFI of Negros Occidental. distinguished members of the bar had attested to Villanueva’s good moral character. and that she was finally withdrawing her complaint the last letter written by Soberano to the court however.3M with a remaining balance of P300. Velasco was bought by Rau Sheng for P3. Atty. Mendiola. she bore him two children. Villanueva had induced her to take part in a fake wedding. Velasco presented affidavits of his wife and Lucy Matienzo ISSUE: W/N Atty. former Chairman of Agricultural Tenancy Commission. Angeles Velasco as his legal consultant and counsel of his company Foreign Investors Consultancy and Management. 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. As a consequence of this. Also. since Villanueva had procured the motion by means of threat and intimidation. whenever his moral character is put into question. The court agrees with the Sol. 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. 39 RAO SHENG v VELASCO FACTS: Rau Sheng Mao is a Taiwanese national who engaged the services of Atty. Velasco as its father together with the affidavits of several people confirming Velasco’s illicit relationship with Lucy as evidence Atty. The last one is Hon. Gen. Velasco was found guilty of the having illicit relationship with Matieza and giving Rau Sheng the Anastacio.’s finding that Aznar committed gross misconduct. Inc (FICMI). 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. to satisfy the court that he is fit and proper to enjoy continued membership in the bar.000 but the former refused to deliver the certificates to the Taiwanese despite complete payment made by the Taiwanese Also. Soberano again wrote a letter saying that the filing of the petition was not sincerely her own wish.000 shares in Haru Gen for P1.000. Rivas. 3 lands of Atty.
Sarenas 2C . IBP recommended that de Silva be suspended for two years. Lourdes then issued 5 PNB blank checks to respondent to serve as collateral. What is more. The penalty recommended by the IBP of suspension for 2 years is too mild. ISSUE: WoN de Silva should be suspended? HELD: YES RATIO: 1. Deciembre is found to be lacking good moral character. Lourdes paid Deciembre the amount of the loan plus interest and surcharges. Anastacio. 40 OLBES v DECIEMBRE Facts: Issue: Held: Spouses Olbes (Franklin & Lourdes) were employees of the Central Post Office in Manila. a lawyer was tasked with the equally greater responsibility of upholding the ideals and ethics established. A lawyer may be disciplined for evading payment of a debt validly incurred. Fernandez. Deciembre is suspended from the practice of law indefinitely. 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. Rivas. Velasco claimed that he has connections with judges and they were claiming money from Rau Sheng. Siyempre tumalbog yun mga cheke. Notwithstanding payment. Their exalted positions as officers of the court demand no less than the highest degree of morality. Gross misconduct which puts the lawyer’s moral character in serious doubt may render her unfit to continue in the practice of law. Investigating officer: Deciembre’s version of the facts is highly doubtful. Deciembre then filed BP22 & estafa cases against the Olbes spouses. acquired a loan from Rodela Loans in the amount of P10K. 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. They filed this case for disbarment against Atty. Lawyers are burdened with the highest degree of social responsibility and thus must handle their personal affairs with the greatest caution. They are even saying that some of their officemates suffered the same fate under Deciembre. For the privilege conferred upon him. The nature of the office of an atty requires that a lawyer shall be a person of good moral character. Deciembre. Morada. De Silva De Silva tendered a check to Grande as settlement of the civil aspect of the case. There are discrepancies between his oral and written testimonies. Velasco violated Canon 1. Good moral character includes at least common honesty. Gana Lopez. 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. Deciembre filled up the blank checks in the amount of P50k each. Purog in all the dealings But Atty. Velasco in all their transactions for he was always represented by Atty. with the help of Deciembre.101 by engaging in unlawful and immoral acts. the client of Atty.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. No profession offers greater opportunity for public service than that of a lawyer. He even filed BP22 cases against the couple. Calinisan. Rule 1. This shows the vileness and wretchedness of his soul. Reklamo siyempre sila Olbes.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. 41 GRANDE v DA SILVA FACTS: Emilio Grande is the private offended party (of estafa and BP 22) against a certain Sergio Natividad. Subsequently. Franklin was even detained for 3 months because of the cases. 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. Mendiola. W/N Deciembre should face disciplinary sanctions Siyempre! He is in violation of Rule 7. The loss of moral character of a lawyer for any reason whatsoever shall warrant her suspension or disbarment. Lourdes. Beron.
Cojuangco fileed with the SC the instant complaint for disbarment. Jr for Chia Hsien Pan. Xu. whether it be professional or non-pro. The truth is respondent married Lisa while he has a subsisting marriage with Elizabeth Herosisima. 2nd Sem 2005-2006 Any wrongdoing which indicates moral unfitness for the profession. Facts: Issue: Atty. Chiong then filed a motion to quash. Atty. Palma's relationship with the Cojuangcos became intimate. CFI delared that marriage null and void. Wihtout the knowledge of complainant Cojuangco's family. Atty Reyes. The subsequent judgment of annullment of marriage has no bearing to the instant disbarment proceeding. Complainant was shocked. Also. Complainant filed with CFI a petition for declaration of nullity of the marriage between respondent Palma and Lisa.. obey the laws of the land and promote respect for the legal processes. a Chinese-Taiwanese went into a business venture with Pan. Calinisan. tempura and seafood products factory. Ramon Reyes counsel for Zonggi Xu. knowing fully well that Palma is a married man and has 3 children. Pan was supposed to set up a Cebu-based fishball. There is no distinction as to whether the transgression is committed in the lawyer's professional capacity or in his private life. Professional competency alone does not make a lawyer worthy member of the Bar. 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. Good moral character is always an indispensabel requirement. 43 REYES v CHIONG JR. Atty. How else would a lawyer endeavor to serve justice and uphold the law when she disdains to follow even simple directives. Prosecutor Salanga then issued a subpoena against Pan. W/N Chiong should be suspended. Respondent's culpability is aggravated by the fact that Lisa was just 22 years old and was under psychological treatment for emotional immaturity. 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. Gana Lopez. Palma married Lisa in Hongkong. It was only the next day that Palma informed complainant of such fact. He frequented theis house and even tutored Cojuangco's 22-year old daughter Maria Luis Cojuangco. Morada.LEGAL ETHICS 2. 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. and so Xu asked that his money be returned. He did not establish it.. Xu then filed a case of estafa against Pan. and Prosecutor Salanga. For a lawyer’s professional and personal conduct must at all times be kept beyond reproach and above suspicion. Mendiola. Victoriano Chiong. 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. Anastacio. A disbarment case is sui generis for it is an investigation by the court into the conduct of its officers. Canon 1 says that a lawyer shall uphold the consti. To this date. Issue: W/n Palma should be disbarred. the records fail to disclose the outcome of this case. Held: YES. Fernandez. IBP recommended that Chiong be suspended for 2 years. Beron. Thereafter. Sarenas 2C . Atty. Held: Yes. Rivas. Meanwhile. Reyes was allegedly impleaded because he allegedly connived with Xu in filing the estafa case which was baseless. Her deliberate refusal to accept the notices served on her stains the nobility of the profession. justifies disciplinary action. Therefore he exhibited a deplorable lack of that degree of morality required of him as a member of the bar.
Atty Salvani attended to her. Calinisan. District Public Attorney Alcantara. Fernandez. 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. Atty Pefianco shouted at them and questioned the actions of the woman (pertaining to the settlement). A commotion in the office ensued (Pefianco even tried to attack Alcantara). A complaint was filed against Pefianco for conduct unbecoming of a lawyer and for using improper and offensive language. Mendiola. Thus the filing of the cases had no justification. fairness and candor towards his professional colleagues. Though he thought that this is righteous. Salvani was talking to the woman. Lawyers should treat their opposing counsels and other lawyers with courtesy. As a lawyer. Chiong should have advised his client of the availability of these remedies. his public behavior can only bring down the legal profession in the eyes of the public and erode respect for it. he could have instituted disbarment proceedings. Any undue ill feeling between clients should not influence counsels in their conduct and demeanor toward each other. He also averred that it was Alcantara who punched him and called him stupid. Atty Pefianco was asked to calm down but he did not refrain from his outburst. Pefianco says that he was just moved by the sight of a crying woman whose husband had been murdered. Morada. Atty Pefianco was fined and reprimanded. dignity and civility. Pefianco violated Canon 8 of the Code which requires lawyers to conduct themselves with courtesy. 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. Issue: Did Pefianco violate the Code of Professional Responsibility? Held: Yes. But Pefianco called Alcantara an idiot and a stupid (loud enough for other people to hear). While Atty. talked to Pefianco. 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.LEGAL ETHICS 2nd Sem 2005-2006 Canon 8 of the Code of Professional Responsibility provides that a lawyer shall conduct himself with courtesy. fairness and candor toward their fellow lawyers. Rivas. One day the private offended party went to the Public Attorney’s Office to have her civil claims (in the criminal case) settled. Gana Lopez. If Chiong believed that the two had conspired to act illegally. Sarenas 2C . 44 ALCANTARA v PEFIANCO Facts: Atty Pefianco is counsel in a criminal case. and shall avoid harassing tactics against opposing counsel. 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). Beron.
cooperated in illegal practice. She says that her firm is a sole-proprietorship. Sarenas 2C . the SC gave Javier the benefit of the doubt that he issued these statements only in the defense of his client. Mendiola. As to the third cause of action. SC says only as regards the second cause of action. 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. 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. charged the latter with grossly immoral conduct. got a fake marriage license. Atty. Held: The lawyer is guilty. including all kinds of pleadings. whether by design or oversight. Morada. Cambaliza alleged that Atty. much less should he undertake to negotiate or compromise the matter with him but should only deal with his counsel. At the helm of her complaint was the allegation that the Atty. denies all the allegations. 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. offensive. Beron.). 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. criminal and administrative proceedings they may have against AMA arising from their previous dismissal” Hence. The court agrees with the finding of the Commissioner on Bar Discipline. 47 CAMBALIZA v CRISTOBAL-TENORIO Facts: Cambaliza. Second. For the first cause of action. caused the dissemination to the public of a libelous affidavit against a Makati Councilor. and improper. utterances made in the course of judicial proceedings. when in fact Felicisimo was already married to another woman (Atty. 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). inconsistent with the character of an attorney as a quasi-judicial officer. These statements give a possible scenario as to the reason for the burglary in the UEFA office. Jose Javier for malpractice. Fernandez. evidence: (1) letterhead of Cristal- Anastacio. petitions and motions. W/n Javier should be held liable for his acts. however false or malicious they may be. in violation of Rule 9. 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). Calinisan. Atty. who is not a member of the bar. she had no partners in her law office. There were 3 causes of action First. gross misconduct in office as an attorney and/or violation of the lawyer’s oath.01 based on the ff. 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. hence. Torres says that this statement is demeaning to the legal profession and the notarial service. cooperated in the illegal practice of law by her husband Felicisimo. According to the Commissioner. IBP found Javier guilty and reprimanded him. a former employee of Atty. The court made mention that it is well entrenched in Philippine jurisprudence that for reasons of public policy. the Court ruled that the statements made regarding Torres’ intellectual aptitude were not relevant to the “attorney’s fees case”. Ireneo Torres against Atty. 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. Gana Lopez. Javier has disobeyed such mandate and is thus suspended from the practice of law for 1 month. Javier implied that Torres had a motive to burglarize the office of UEFA to get certain documents. Third. Cristal-Tenorio. 46 TORRES v JAVIER Facts: Issue: Held: This is an administrative case filed by Atty. Torres alleges that Javier used language that was clearly abusive. As to the second (for which the SC found Javier guilty). the SC held that such statements made by Javier were necessary in order to resolve the petition for audit filed. Rivas. has been falsely representing herself to be married to Felicisimo Tenorio.LEGAL ETHICS 2nd Sem 2005-2006 This failure of PANGULAYAN and associates. are absolutely privileged so long as they are pertinent and relevant to the subject inquiry. Issue: W/N the lawyer is guilty of cooperating in the illegal practice of law. She also alleges that the Atty.
Sarenas 2C . except with another lawyer. x x x. Mendiola. Fernandez. 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. and to the Supreme Court. The commercialization of law practice is condemned in certain canons of professional ethics adopted by the American Bar Association: “34. know that they did not pass the bas examination. The professional services of a lawyer should not be controlled or exploited by any law agency. Held: NO. Issue: W/N the agreement was valid. The ruling of the lower court is wrong for “assuming to be an attorney. section 3. No division of fees for legal services is proper. not a business. the respondents had. 49 PEOPLE v DE LUNA FACTS: De Luna. The purpose is to protect the public. He did not file any action to enforce the agreement. to the Office of Civil Relations at Camp Crame. and acting as such without authority. 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 lawyer’s duty to prevent or not assist in the unauthorized practice of law is founded on public interest and policy. 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. for all intent and purposes. we shall divide fifty-fifty. Group card of “Atty.. which intervenes between client and lawyer…” David should have known better than to enter and act upon such void and unethical agreement. and the court from the incompetence and dishonesty of those unlicensed to practice. The business relationship between David and Tan Tek Beng did not last since there were mutual accusations of doublecross. based upon a division of service or responsibility.” This meaning is in consonance with the principle that the practice of law is a profession. Gana Lopez. Morada. Although they sought admission under the Bar Flunkers Act. (2) Sagip Radio Comm. This case was submitted for decision. But notwithstanding their disqualification to be admitted to the bar. Felicisimo Tenorio” (3) an ordered by the MTCC where Felicisimo entered his appearance as counsel. personal or corporate. Tan Tek Beng accused David of not complying with the agreement and denounced the latter to then Presidential Assistant Ronaldo Zamora.01. the bar.” is only one of the grounds under Rule 64. Rivas. respondents. with Felicisimo as senior partner.” In the same contract. they were notified of the decision of the SC denying their petitions. While the case was being investigated by the Solicitor General. Calinisan. David also agreed not to deal directly with their clients.LEGAL ETHICS 2nd Sem 2005-2006 Tenorio Law office. Tan Tak Beng died. Also. He is reprimanded for being guilty of malpractice. 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. 48 TAN TEK BENG v DAVID Facts: Tan Tek Beng is a non-lawyer while David is a lawyer. Any lawyer who allows a non-member of the Bar to misrepresent himself as a lawyer is guilty of violating rule 9. either personally or through paid agents or brokers. ET al. the client. The agreement is void because it was tantamount to malpractice which is “the practice of soliciting cases at law for the purpose of gain.” “35. 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. Beron.
which he had declared in his Income Tax Return.A lawyer shall at all timed uphold the integrity and dignity of the legal profession. Gana Lopez. Morada. The SC has the exclusive and constitutional power with respect to admission to the practice of law in the Philippines.01. Kavankov relayed the Anastacio. Agrava issued a circular announcing that there will be an examination to determine who are qualified to practice as patent attorneys before the PPO. The Phil. immoral or deceitful conduct b. RA 7432). Rivas. 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. Canon 10 – A lawyer owes candor. 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. in view of Llamas’advanced age. Senen Gavino was assigned by the Manila Pilot's Association (MPA) to conduct docking manuevers for the safe berthing of the vessel. nor consent to the doing of any court. Mendiola. he was exempt in paying (in pursuant to Sec 4. The practice of law embraces any activity. Victor Kavankov. is guilty of violating… a. Rule 10. in or out of court.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. dishonet. but everything still goes back to the Patent law as well as other laws. fairness and good faith to the Court d. Agrava is in excess of his jurisdiction when he requires an additional examination for lawyers. 51 SANTOS v LLAMAS FACTS: Soliman Santos. he can require additional requirements to practice before the PPO. Sarenas 2C . a member of the Bar filed a complaint for misrepresentation and non-payment of bar membership dues against Atty. 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. his express willingness to pay his dues and plea for a more temperate application of the law. it is still within the ambit “practice of law”. Although it is admitted that there is some technicality involved in the work for PPO. As to Agrava’s contention that he has the authority just like his US counterpart. 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. legal principle. Fernandez. Nowhere in the Philippine law is it provided for that the director has the power to require additional examinations for attorneys. That like his US counterpart.HOWEVER.01 A lawyer shall not engage in unlawful. When the vessel was already about 2000 feet from the pier. thereby misrepresenting to the public and the courts that he had paid his IBP due. training and experience.Rizal xxxx in his pleadings. which requires the application of law. since he was a senior citizen. 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. Gavino stationed himself in the bridge. Beron. practice or procedure and calls for legal knowledge. the Court held a penalty of 1 year suspension or until he paid his dues. Lawyer’s Assoc. 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 --. and support the activities of the IBP c. Canon 7.A lawyer shall not do any falsehood. with the master of the vessel.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Issue: Held: Agrava is the Director of the Philippines Patent Office (PPO). beside him. as appropriate. this contention is wrong. Gavino ordered the anchor dropped. (PLA) filed this case for prohibition and injunction against Agrava. RATIO: 1) a lawyer by indicating ÏBP. Phil. Calinisan. And moreover. Rule 1.
it would aready have received a copy of the copy of the petition by MPA. it being unnecessary to file such certification of non forum shopping with a mere motion for extension. Baka lang itanong kung ano ruling: The decision of the CA is affirmed. CA ruled in favor of PPA holding them liable with MPA (employer of Kavankov) entitled to reimbursement from Gavino. Anastacio. it took 210 days before the OSG filed its comment. Counsel for FESC. Gavino. 53 COMELEC v NOYNAY Facts: Judge Tomas Noynay ordered the records of a certain election case to be withdrawn and directed to the Comelec. Sarenas 2C . an ordinately and unreasonably long period of time to file its comment. the court disregarded such error. but it was really in volume 254. specifically its asscociate Tria is reprimaded and warned that a repetition of the same acts shall be dealt with severely. The records show that the law firm of Del Rosario and Del Rosario thru its associate. is the the counsel of record for FESC in both GR no 130068 and GR no 130150. 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. The bow of the vessel rammed into the apron of the pier causing considerable damage to the pier. CA or any other tribunal. GR 130068 which is assigned to the Court's second division. Rivas. When Gavino inquired about the commotion. but erroneously: o What he used: “Alberto Naldeza”/Alberto o Alberto Naldoza He said the case was in volume 245 of the SCRA. PPA filed a complaint for a sum of money against FESC. Morada. But considering that it was a superfluity at that stage of the proceeding . using as basis the Judiciary Reorganization Act: Not exceeding 6 years. 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. FESC was not even furnished with a copy. Reviewing the records. the court finds that the petition filed by MPA in GR no. Gavino and MPA. In GR no 130068. the law firm of Del Rosario and Del Rosario. He cited a case. It wa therefore encumbent upon FESC to inform the court of the pending action. thus unduly delaying the resolution of these cases. Comelec’s lawyer was Atty. 130150 then pending with the third division was duly filed with a copy thereof furnished by registered mail to counsel for FESC (atty Tria). 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. representing PPA. a public school principal and other public school teachers for having violated the Omnibus Election Code: for having engaged in partisan political activities. However the anchor did not hold as expected. Calinisan. Kavankov assured Gavino that there was nothing to it. 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. Gana Lopez. On the other hand it took the OSG.LEGAL ETHICS 2nd Sem 2005-2006 orders to the crew of the vessel. In Gr no 130150 it took 180 days before comment was filed. It would be fair to conclude that when FESC filed its petition GR no 130068. A commotion ensued between the crew members. the maximum imposable penalty in each of the cases does not exceed 6 years. The judge dismissed the cases. The original members of the legal tean of the OSG are admonished and warned tha a repetition shall also be dealt with more stringently. Fernandez. not with RTC but with MTC. Issue: Are the counsels for the parties committed acts which require the exercise of the court's disciplinary powers? Held: YES. In his Motion for Reconsideration (see p 263). (This case is irrelevant to the main case) Apparently. The case was against Diosdada Amor. The speed of the vessel did not slacken. Beron. Comelec wanted to prosecute Amor et al. Atty Tria. he quoted the memorandum of te Court Administrator (not the SC) and made it appear that these were the words of the SC. Jose Balbuena from the Comelec legal department. Mendiola.
He cannot now claim that he was denied due process. ET AL ARE GUILTY OF FALSEHOOD AND SHOULD BE SUSPENDED ISSUE Anastacio. (RC Note: parts of the SC decision were in the “Facts” portion. Morada. 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. Beron. and to maintain professional competence. 2000. 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. YOUNG discovered that the accused surrendered on Dec 14. Rule 10. 1990. to be faithful to the law. the IBP Board ordered Corral’s suspension. Rivas. YOUNG being a private prosecutor. Balbuena should also be admonished for his utter carelessness in his references. Issue: Can Atty Corral be suspended? Held: Yes. The Court finds that Atty Corral violated his oath by engaging in unlawful. et al in their defense alleged that o On Dec 13. 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. Gana Lopez. It should be remembered that the essence of due process is simply an opportunity to be heard. 1990 Atty Corral filed a notice of appeal. The next day. Corral committed an act of dishonesty. The judge should be reminded of his duty to be studious of the principles of law. Calinisan. Later on. BATUEGAS filed a Manifestation with Motion for Bail alleging that the accused has voluntarily surrendered to a person in authority and. 2000. Contrary to Corral’s claim that he was not afforded due process. Para hindi siya ma-disqualify ng 15-day appeal period. to administer his office with due regard to the integrity of the system of the law itself. 2000 and not 13 o As to lack of notice. Fernandez. But he did not appear on the scheduled hearings. 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. Corral claims he was not afforded due process or hearing. 54 RIVERA v CORRAL Facts: A decision in a case for ejectment was sent to Atty Corral. A suspension for 1 year is warranted. According to the records. or deceitful conduct. dishonest. 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).02 mandates that a lawyer shall not knowingly misquote or misrepresent the text of a decision or authority. upon learning that a warrant of arrest was issued against their client. et al are the counsels for the accused in the said criminal case On Dec 13. Sarenas 2C . he was in fact given the opportunity to present his evidence during the course of the proceedings. The IBP investigating committee affirmed the charges and recommended suspension. His secretary received the decision on Feb 23. due to heavy traffic. On March 13. Balbuena should also be admonished. Mendiola. Rivera filed a complaint for disbarment against Atty Corral for tampering the court’s records without such court’s permission or knowledge. 2000 (not 13) BATUEGAS. 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 hearings had to be rescheduled several times to accommodate his requests. as such. since you will not understand the case if I placed it in the bottom” Yes. Judge Noynay and Atty.
BATUEGAS. Issue: Held: SC says that Florido should be held liable. But when H-F heard of news that Florido was planning to take the children to Bacolod. Florido then filed a petition for a writ of habeas corpus on the basis of the CA resolution he presented to H-F earlier. In the police station. fearing for her children’s safety.01 and 10. 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.02. Gana Lopez. et al violated their oath when they resorted to deception Hence. Calinisan. Then in 2002. W/n Florido should be held liable for his actions. Sometime in Dec. 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. she immediately took them away. BATUEGAS. 2001. Florido arrived accompanied by armed men. this present action. on the other hand. H-F. 57 ESTRADA v SANDIGANBAYAN Anastacio. They have two children. He violated Canon 10 of the Code of Professional Responsibility. called the police. 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. The SC thinks that suspension of 6 years is too much so they lowered the penalty to just a 2-year suspension. 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. Thus. flaunting and usng a spurious and bogus CA resolution/order. The IBP has recommended that Florido be suspended from the practice of law for 6 years. Beron. 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. particularly Rule 10. Mendiola. Florido demanded that H-F surrender custody of their children to him. 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. by his act of making up a spurious CA resolution and using such false resolution to his aadvantage. Fernandez. Morada. 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. while H-F and her children were in the ABC Learning Center. H-F doubted the authenticity of the CA resolution so she did not give her children to Florido.LEGAL ETHICS HELD RATIO YES. Rivas. H-F agreed to let the children sleep with Florido just for one night at a hotel. his conduct must never be at the expense of truth In the case at bar. H-F admits that she and her husband live separately. 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. Sarenas 2C .
As such.” “a hypocritical judgment in plaintiff’s favor. Although a lawyer has the right—even the duty—to criticize the courts.” “perfidious. Paguia to dismiss all the criminal cases against Estrada. Paguia. Fernandez. Paguia asserts that the decision in Estrada vs. Paguia should be sanctioned for conduct unbecoming. Arroyo. Paguia has only succeeded seeking to impede. He is indefinitely suspended from practice of law. According the Atty.10 of Code of Judicial Conduct. Paguia has also been called to the mandate of Rule 13. In liberally imputing sinister and devious motives and questioning the impartiality. Paguia repeated his assault on the court in both broadcast and print media. The criticism must be bona fide. Tiongco to show cause why he should not be dealt with administratively for the violation of Canon 11 of the Code of Professional Responsibility. Held: Atty. Paguia attacked the decision of the Court in the case of Estrada vs. integrity.” and “blasphemer. he alleges that the SC failed to mention that he also called the judge a “robber. The petition contained malicious and intemperate language. the SC required Atty. Atty. o It was because Atty. The Sandiganbayan denied the petition and motion for reconsideration of Atty. Gana Lopez. 58 TIONGCO v AGUILAR (Canon 10 Morada) Facts: Atty. argued that: o It has never been their intent to be disrespectful o It was the result of overenthusiasm on the part of Atty. is not the act of the SC. Atty. Atty. and he thereby promoted distrust in judicial administration. and that Atty.” “the Judge was confused. thereby diminishing public confidence in the latter and in the judiciary.” Issue: W/N Tiongco must be held administratively liable. 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. He also showed disrespect to and contempt for the respondent judge. Paguia is the counsel of Joseph Estrada in the case of Estrada vs. this right must be exercised responsibly. Calinisan. and authority of the members of the court. Tiongco filed a petition with the Supreme Court for a review of a lower court’s decision. Paguia asserts that the members of the Supreme Court should inhibit themselves from hearing the petition because of Rule 5. 59 RHEEM OF THE PHILS v FERRER FACTS: The SC issued an order directing Atty. For that reason. 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. agencies. Jose B. 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. While Tiongco tried to justify as true his descriptions of the Judge as “liar. Issue: W/N Atty.10 of the Code of Judicial Conduct. Anastacio. Held: YES Atty. Atty. 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. Rivas. the court asked him to show cause why he should not be sanctioned. it is not the act of the Supreme Court. In Tiongco’s Compliance.” “a rotten manipulator. and if the act of the judges is not lawful. Arroyo being unlawful in view of Rule 5. etc. Tiongco exhibited gross disrespect and attempted to discredit the Members of the First Division. Paguia is sanctioned.” he did not offer any excuse for the other intemperate words and phrases he used. Tiongco did not at all show cause why he should not be dealt with administratively. Sarenas 2C . Beron.” “it was the devil who dictated it. Atty.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. obstruct and pervert the dispensation of justice. By insinuating that this Court did not at all read the petition. Morada. it is the act of the Supreme Court. He charged them with violating their duty to render justice.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Atty. Canon 11 of the Code of Professional Responsibility mandates the lawyer should observe and maintain the respect due to the courts and judicial officers.” In a previous resolution.” and “abetter of graft and shady deals. Atty. Arroyo by saying: similar in the decisions involving admin. Sigiuon Reyne. Neither did he show their relevance to the petition. Mendiola. which prohibits judges from participating in partisan political activities. the justices have violated the rule by participating in the EDSA 2 rally and authorizing the assumption of office by President Arroyo. if the act of the justices is lawful. Tiongco stated that the decision of the trial court Judge was “crafted to fool the winning party. 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.” “thief.
It detract much from the dignity of and respect due this court. Beron. Cabrera filed an apology but guess what. they required Cabrera to file a reply to why he should not be held in contempt. The Sheriff of Manila levied upon the shares of common stock registered in Damaso Perez’name with the Republic Bank. huwag niyo silang subukan. for recovery of sum of P17. 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. 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. She dismissed a case filed by Cabrera’s mother against a certain Atty. Pikon yung Supreme Court. It is proscribes to use unnecessary language which jeopardizes high esteem in courts.g. it has committed error and continuously repeated that error to the point of perpetuation. Armonio. an associate. It is his obligation to maintain towards the courts a respectful attitude. Atty. Implicit in the quoted statement is that the pronouncements of this court on the jurisdiction of the industrial court are not entitled to respect. In subsequent motions by Cabrera. Cabrera filed with the city fiscal of Manila criminal charges against Andres (graft and corruption. Morada. Gana Lopez. incivil and uncouth language (e. Andres a moron). or which could have the effect of “harboring or encouraging discontent which. It is the duty of lawyers to observe and maintain the respect due to the courts of justice and judicial officers. W/N Cabrera should be held in contempt Yes! Fine of P500 and imprisonment for 50 days. Calinisan. prepared. Rivas. falsification of public documents) Andres then filed a case of disqualification against Cabrera. supreme stupidity. in many cases. One cannot escape responsibility by claiming his words did not mean what any reader must have understood them as meaning. Cabrera apparently used in his affidavit vile. calling Atty. ordering the defendants to be held jointy and severally liable. but for the maintenance of its supreme importance.309. Issue: Held: 61 COBB-PEREZ v LANTIN FACTS: Ricardo Hermoso commenced a civil case against Damaso Perez and Gregorio Sumbong. signed and filed the motion without clearing it with any one of the partner of the firm ISSUE: HELD: W/N Atty. Cabrera then filed a motion for contempt of court. In Cabrera’s reply he still used unfit language (e. 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. Fernandez. Sarenas 2C .g. idiotic) Cabrera’s oath-taking was therefore postponed.” The claim of Atty. Petitioners used the rules of procedure to suspend the execution of judgment.g. Cabrera (Cabrera) was a successful bar examinee in 1977. creates or promotes distrust in judicial administration. And guess what. Emilia Andres was a legal officer in the Ministry of Labor. moronic. us the source of disorder. The SC required him to file an answer to why he should not be disqualified. Perez. Judgment was rendered in favor of Hermoso. not for the sake of the temporary incumbents of the judicial office. the language he used were still unfit and even insincere. he still used unfit language (e. The SC decided that Atty.LEGAL ETHICS 2nd Sem 2005-2006 Armonio. Armonio and the partners in his firm must be held in contempt because of the disrespectful language contained of the pleading prepared by Atty. Their failure to discharge such duty may prevent them from being inducted into the office of attorney.44 representing unpaid purchases of leather materials used in the shoe manufacturing business of Hermoso. Mendiola. want of intention is no excuse for the language employed. thus undermining the foundation upon which rests that bulwark called judicial power . unparalleled stupidity. Armonio that his statements was not in any way meant to slight or offend this court. Because of the dismissal. degradation of the administration of justice) Napikon yata yung SC. 60 ANDRES v CABRERA Facts: Stanley R. (and they managed to have the Anastacio.
Mendiola. The case was for ejectment filed with the MTC. There is no need to know what they are though. for the sole purpose of thwarting the execution of a simple money judgment which has long become final and executory. which were attempts by the same party and his counsel to delay enforcement of a judgment that has long become final and executory. 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’s acts are justified. Beron. Gana Lopez. 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. 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. involving the same subject matters and cause of action. 64 ETERNAL GARDENS v CA Anastacio. Numerous appeals/complaints/petitions were filed to frustrate the execution of the MTC judgment. Inherent in that obligation is the duty to assist in the speedy disposition of cases. Montero used procedure to circumvent the administration of justice) Pacfica Millare. By having willfully and knowingly abused his rights of recourse in his efforts to get a favorable judgment. Held: YES. During the protracted litigation. the petitioners resorted to a series of actions and petitions. Montero is also guilty of forum shopping. Sarenas 2C . filed to lift the writ of execution alleging that the shares of stock were conjugal assets and that the debt was a personal obligation. abetted by their counsel. ISSUE: WoN petitioners restored to tricky.. It just wants to impress on you that Atty. Some of the actions were filed. only to be abandoned or withdrawn. as recommended by the IBP which found him guilty of malpractice. Montero has made a mockery of the judicial process. 63 MILLARE v MONTERO Facts: (RC Note: The first part of the case is pointless. have tried to use them to subvert the very ends of justice. expressing their profound regret for his past misconduct and his avowal ot amend his ways. 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. Calinisan. which efforts were all rebuffed. the mother of the complainant. at some stages alternatingly. Judging from the number of actions filed. The summary of which is in page 8. Fernandez.. Montero should be suspended for one year. Atty Magat and members of his family is now praying for judicial clemency. the SC suspended Atty Magat from the practice of law . No. Morada. The judgment of the MTC became final and executory on November 1986. far from viewing courts as sanctuaries for those who seek justice. obtained a favorable judgment against Elsa Co. This plea has been reiterated for a period of more than 2 years since his suspension. Rivas.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. The petitioners and their counsel. 62 MAGAT v SANTIAGO Facts: For delaying the termination of an unlawful detainer case by filing multiple petitions before the SC. Issue: Held: W/N Atty. sneaky and maneuvering tactics to thwart the ends of justice? HELD: YES RATIO: 1. Issue: W/n the suspension should be terminated.
Having admitted that they bought the property from Central Dyeing. essentially with the same arguments. And of course. ISSUE HELD W/N PAGUIRIGAN SHOULD BE PUNISHED FOR NEGLIGENCE YES. 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. bound to exert every effort to assist in the speedy and efficient administration of justice. When COMPLAINANTS confronted PAGUIRIGAN.000 for docket fees. Said motion was initially granted but was later denied. Beron. It also argued that it was not bound by the decision since it was not impleaded in the case. Subsequently. the lawyer assured them that he would seek a review of the decision of the CA. The CA. It further contended that since there is a pending issue on possession (a different case). As to the fear that owners of the grave lots will be disturbed by the writ. Eternal Gardens is the former’s successor-ininterest who will be bound by the judgment. The COMPLAINANTS were informed that the CA reversed the trial court’s decision. Judgment was rendered in favor of the COMPLAINANTS. being the successor-in-interest of Central Dyeing. So nag-file ng certiorari si Eternal sa CA. Hence. being a transferee. PAGUIRIGAN was their attorney. they should not forget that they are officers of the court. Gana Lopez. 65 SPS GALEN v PAGUIRIGAN Spouses Galen. When the spouses filed a Motion for an Immediate Writ of Possession. He admits that he failed to file the appellees’ brief which just shows the cavalier attitude he took towards his clients’ cause. PAGUIRIGAN filed the petition. Trusting in the able representation of Atty PAGUIRIGAN. on the same grounds. it was denied for having been filed out of time. 1997. can only place great reliance on the briefs and memoranda of the parties. 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. Morada. However. The spouses won and the decision in their favor became final an executory. *what’s relevant to ethics: The case has delayed the execution of a final judgment for 17 years. Rivas. They should not misuse the rules of procedure to defeat the ends of justice or unduly delay a case. the COMPLAINANTS continued the services of the said lawyer when the plaintiff in the civil case appealed. PAGUIRIGAN did not only fail to file an appellees’ brief but after being granted a 30 day extension Anastacio. 1997. So Seelin spouses filed for a second writ of execution.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Seelin spouses filed a case against Central Dyeing for quieting of title. Upon inquiry in the CA. On Oct 14. considering that the 30 day extension was to expire on Nov 14. this petition. To make matters worse. 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. or impede the execution of a judgment. the failure to submit these pleadings could very well be fatal to the cause of the client. 1997 but the SC acted on it only on Nov 19. 1997. the execution of the judgment need not necessarily desecrate these properties. Fernandez. Hence. the appellate court. nag-file pa ito ulit ng motion reconsideration. Mendiola. Thus. it does not have to be included or impleaded by name in an action against the transferor—according to the Rules of Court. Issue: Is Eternal Gardens bound by the decision in the quieting of title case? Held: Yes. 1997. The COMPLAINANTS gave PAGUIRIGAN P10. FOR FAILING TO FILE PETITION AFTER BEEN GRANTED EXTENSION OF TIME PAGUIRIGAN was clearly negligent in the performance of his duties. the importance of filing an appellees’ brief cannot be gainsaid because upon appeal. Dahil sa makulit (not to mention optimistic) si Eternal Gardens. the due date being Nov 14. the order of the court shows that it took into account the interests of such lot owners—in fact certain limits were provided. such should first be resolved before a writ of possession be issued to the spouses. the COMPLAINANTS found out Atty PAGUIRIGAN failed to file an appellees’ brief in their behalf. denied Eternal Garden’s appeal. Moreover. Rasdas and Villa (COMPLAINANTS) were defendants in a civil case for recovery of a residential lot. Sarenas 2C . the COMPLAINANTS were surprised to receive a writ of execution issued by the trial court. While lawyers owe entire devotion to the interests of their client’s rights. Calinisan. PAGUIRIGAN alleges that he agreed to represent the COMPLAINANTS without remuneration when their former counsel withdrew. they filed the case to the SC. Although the failure to file the appellee’s brief in a case is not a ground for an adverse ruling. 1997. On Nov 20. 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.
his affidavit is essential to the defense of his client. These requirements are mandatory due to the degree of importance and evidentiary weight attached to notarized documents. And PAGUIRIGAN’S allegation about the SC’s belated action on the petition only succeeds in showing his ignorance of 2 basic principles: first. that a party cannot presume that his motion will be granted. Rafanan should be fined. let the period lapse without submitting the same or offering an explanation for his failure to do so. Anastacio. Issue: Held: SC says yes. Gana Lopez. 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.LEGAL ETHICS 2nd Sem 2005-2006 of the time to file a petition for review of the decision of the CA. because of the latter’s failure to (a) make the proper notation regarding the community tax certificate of the affiants. PAGUIRIGAN is suspended from the practice of law for 6 months and ordered to refund the COMPLAINANTS P10. What he should have done though was to exempt himself from being counsel. As to the affidavit executed by Rafanan in favor of his client. Having violated these requirements. In the end. which says that a lawyer should avoid testifying in behalf of his own client. he is a witness to the crime. he again lost through default by failing to file said petition. in defense of his client. if a lawyer appears as client and counsel. all in violation of the Revised Administrative Code. second. Despite of this. Obviously. a notary public.000. 1997 (not from the day the resolution was dated). 66 SANTIAGO v RAFANAN Assignment no. Morada. This would ensure his credibility as a witness. It is mandated by the Notarial Law that a notary public should enter the number. (b) enter the details of the notarized documents in the notarial register. Rafanan cannot be made administratively liable. Sarenas 2C . They are required to enter the number of the register and the page where a particular affidavit has been recorded.” Hence. 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. Rafanan – Lopez Facts: This administrative complaint was brought by Jonar Santiago against Atty. PAGUIRIGAN is thus guilty of violation of Rule 12. The IBP found Rafanan guilty of violating the requirements of the Notarial Law and imposed a fine of 3. people would automatically think that his testimony as a witness is biased in favor of his client. The law also says that a notary public should keep a notarial register to record all affidavits they have notarized. that any extension granted is always counted from the last day of the reglementary period which is Oct 14. the SC says that this is in violation of Rule 12. after obtaining extensions of time to file pleadings. Rafanan is supposed to do everything in his power. memoranda and briefs.000 with a warning that repitition of the same act will be dealt with even more severely. Calinisan. and. 11 Santiago vs. because of his violation of the Notarial Laws and Canon 5 of the Code of Professional Responsibility. Thus. First. Since. and (c) make and execute the certification and enter his PTR and IBP numbers in the documents he had notarized. W/n Rafanan’s acts were contrary to law. Rivas. Fernandez. the SC considered that it is the duty of a lawyer to assert every remedy and defense for the benefit of the client. Mendiola. Beron.08 of Canon 12. place of issue and date of the Community Tax Certificate of the affiant in his affidavit. Edison Rafanan.03 of the Code of Professional Responsibility which provides “a lawyer shall not.
neglect in performing duties (by not maintaining the cleanliness around the court premises and often being absent from work). Daen. It violates canons 3. Paas is the husband of a judge in the same building and should be given special treatment by other judges or court personnel. 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. Instead of promoting respect for law and the legal processes. Mendiola.” 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. the heirs went to the house of Atty. Atty. for which Judge Paas should be duly reprimanded. This was held to constitute conduct unbecoming of a member of the judiciary. When the spouses visited Atty.700. demonstrated a penchant for misrepresenting that he had connections to secure the release of Atty. Atty. Barcelona regarding the “grease money” to be used to allegedly bribe an SC justice. Sarenas 2C . Daen the next day. Daen was subsequently arrested by the Muntinlupa police. In support of this charge. was using his wife’s office address in his law practice. Anastacio. who is a private practitioner. Barcelona should be disbarred. There were several meetings between the heirs and Atty. Atty. In a separate case for inhibition of Judge Paas in a criminal case. The total amount given by the heirs to Atty. The heirs were recommended to Atty. Daen had decided to engage the services of Atty. Held: YES Using the Judge’s address is a subtle was of sending a message that Atty. documents were submitted such as 1) a Notice of Appeal signed by Atty. Gana Lopez. Barcelona should be disbarred. On another occasion. Barcelona and gave P10. Paas should be penalized for allowing the latter to use the office of the former as his return address in his private practice. Because the heirs could not produce the total amount. Daen with his connection with a Supreme Court Justice. It is unprofessional and dishonorable to misuse a public office to enhance a lawyer’s prestige. they learned that Atty. The only offense which Almarvez was found to commit was inefficiency in the discharge of his duties. SC Circular No. a Court Aide/Utility Worker. Issue: W/N Judge Paas and Atty. Morada. 10. 13. Disbarment proceedings are sui generis. Commissioner Bautista found Atty. Paas. particularly in a criminal case he was handling which was docketed at an RTC also in Pasay.000. Barcelona. Calinisan. but she claims that this was done only to ensure and facilitate the delivery of those notices. 01-99. Barcelona misrepresented to the complainant that he could get the release of Atty. and 2) notices from Pasay City RTC. The heirs made another payment via a check worth P24. 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. 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. Atty. Barcelona demeaned the legal profession by taking money from a client under the pretext of having connections with a member of this court. with discourtesy to his fellow employees. Daen as their atty. Held: Atty. it was stated that court officials and employees must “never use their offices…for any other purpose that for court or judicial functions. Beron. Daen. Regarding this. In SC Administrative Circular No. Atty. 67 BERBANO v BARCELONA Facts: 2nd Sem 2005-2006 The heirs of Hilapo appointed Atty. 68 ALMARVEZ v PAAS Facts: Pasay City Metropolitan Trial Court Judge Estrellita Paas administratively charged Almarvez. to be guilty of malpractice and breach of duty and recommended that he be disbarred.000. Fernandez. and from the Supreme Court This was admitted by Judge Paas. Daen. and 15 of the Code of Professional Responsibility.000. Barcelona. In this case. Its intention is to safeguard the administration of justice by protecting the court and public from the misconduct of the officers of the court. it was found that Judge Paas’ husband. they merely gave P15.-in-fact. Thus he was suspended for 3 months. The heirs of Hilapo tried to look for a lawyer to secure the release of Atty. and solicitation of money (from prisoners before serving them their Release Orders. and from litigants by offering to divulge confidential information in advance of its unauthorized release). Barcelona reached P64.000. Barcelona then proceeded to tell the heirs if they could produce P50K he could secure the release of Atty. Rivas. Paas. Atty.LEGAL ETHICS Rafanan is fined 3. 3-92 prohibits the use of halls of justice for residential or commercial purposes. Issue: W/N Atty.
free from outside interference obstructive of its functions and tending to embarrass the administration of justice. which excluded Roco in Civil Case 33 as party defendant.000 69 NESTLE v SANCHEZ FACTS: From July 8-10. 70 REGALA v SANDIGANBAYAN Facts: Petitioners in this case and private respondent Roco were all then partners of the law firm Angara. 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. 0033. 0033 – “RP v. It is apparent that the ACCRA lawyers were only impleaded to force them to disclose the identity of their clients. 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. petitioners and Roco admit that they assisted in the organization and acquisition of companies included in Civil Case No. set up kitchens and littered the place. this motion for certiorari W/N the ACCRA lawyers should be excluded from the case Yes. Sarenas 2C . which includes shares of stock in certain corporations PCGG later on filed a motion to admit 3 rd amended complaint. 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. In keeping with the office practice. PCGG then said that it will ask for their exclusion only if they will also disclose the identity of their clients During the proceedings. 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. 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.LEGAL ETHICS 2nd Sem 2005-2006 Atty. 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. Eduardo Cojuangco et. Abello. Morada. Anong kalokohan yan? o Civil Case No. Concepcion. ACCRA lawyers acted as nomineesstockholders.”. Rivas. Gana Lopez. Calinisan. while Judge Paas shall pay a fine of P12. They have also constructed provisional shelters along the sidewalks. Paas is suspended for 3 months from the practice of law. and that any such efforts to influence the court constitutes contempt of court. union members of Union of Filipro Employees or the Kimberly Independent Labor Union. The court is entitled to proceed to the disposition of its business in an orderly manner. for the recovery of ill-gotten wealth. PCGG was removing Roco because Roco was going to make choochoo and reveal the identity of the principals. 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). Mendiola. The ACCRA lawyers then filed a comment and/or opposition saying that they should also be removed the way that Roco was. Hence. al. the picketing continued The union members are obstructing the access to and egress from the court’s premises. 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. Beron. Fernandez.
Fernandez. Rivas. 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. Petitioner’s father was apprehensive over the safety of his son. however. Mendiola. Legaspi wrote to the father of Mrs. 2. with Dewey merely signing for the chits. thereafter. after which his services were reportedly contracted for P100. The complainant-heirs in a joint petition. Petitioner Dee ignored said letters. Teofilo Legaspi that the money deposited could be withdrawn.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. 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. The ACCRA lawyers also made such statement and should also be dropped. Atty Mutuc assured petitioner and his father that he would inquire into the matter. Legaspi should be disbarred because he violated the relation between attorney and his client? HELD: YES! RATIO: 1. to Ceasar’s Palace. Ramon Sy acknowledged the obligation. In view of that special relationship. Beron. Legaspi was also an heir (although it wasn’t shown how). 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. Atty. which Atty. and not in this disbarment proceeding. Issue: W/n there was a lawyer-client relationship… Held: YES. Dewey would be exculpated from liability. The president told him that if he could convince Ramon Sy to acknowledge the obligation. 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. The absence of a written contract will not preclude the finding that there was a professional relationship which Anastacio.00 which he had collected for them. The relation between an atty and his client is higly fiduciary in nature and of a very delicate. 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. 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. Petitioner denied the existence of any professional relationship of attorney and client between hin and Atty Mutuc. Legaspi to represent them in the intestate proceeding for the settlement of the estate of the spouses Gonzaga. Calinisan. Gana Lopez. exacting and confidential character.000 as attorney’s fees. 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.000 given to Atty Mutuc was alleged to be given not in the nature of attorney’s fees but merely pocket money. The complainants. Further investigations revealed that the alleged debt of Dewey had actually been incurred by Ramon Sy. Daroy. ISSUE: WoN Atty. have to recover the money in an ordinary action. 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. requiring a high degree of fidelity and good faith. Morada.000. Atty Mutuc sent demand letters to petitioner demanding the balance of P50. Sarenas 2C .Legaspi with malpractice for having misappropriated the sum of P4. the account of Dewey was cleared. Ramon Chavez. Legaspi had already withdrawn the money (therefore he acted in bad faith). They prayed that he be disbarred FACTUAL EVIDENCE: Complainants hired Atty. It turned out that Atty.000. Atty. However. The P50. Atty Mutuc filed a complaint against petitioner Dee for the collection of attorney’s fees.
No. Ramon Sy. Baizas Law Office (different daw from the former one) file a motion for reconsideration. Since makulit si Francisco. The negligence of the counsel binds the client. During the pendency of the appeal. Sarenas 2C . Beron. 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. and only for the purpose of explaining to Hilado why his firm rejected the case. Mendiola. sought to disqualify Francisco from representing Assad in the case. no fraud is involved. Delgado et al. The appeal was then dismissed. Mutuc is entitled to receive a reasonable compensation. Alberto and Associates) failed to file the brief. while Ohnick et al filed an answer for Assad. it is sufficient that the advice and assistance of an attorney is sought and received in any matter pertinent to his profession. and BR Sebastian. 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. was counsel for Hilado. 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. an attorney-client relationship between Francisco and Hilado can be said to have ensued. Said judge reasoned that no attorney-client relationship existed between Hilado and Francisco. the affairs of the aid firm are still being settled between Atty. He added that when Hilado left documents in their office. senior partner. BRS received notice to file Appelant’s Brief within 45 days from receipt. Delgado et al. but the Director of Public Works was exonerated. In 1974. Anastacio. And that the written opinion was made by his assistant. Atty Mutuc did not represent conflicting interests as claimed by Dee when Dee alleged that Mutuc was acting as agent of Ceasar’s Palace. 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. The law firm should have assigned the case to another associate. Jose Baizas (son of Crispin) and Atty Ruby Alberto. and that Hilado’s purpose in submitting those papers was to secure Francisco’s professional services. W/N the appeal of BR Sebastian should be reinstated. had also left the firm. he told his assistant to tell Hilado that their firm would not handle her case. From these ultimate facts.LEGAL ETHICS 2nd Sem 2005-2006 merits attorney’s fees for professional services rendered. this opinion was reached on the basis of papers submitted at his office. Later on. Counsel for BRS (The Baizas. before he died filed an action for damages against the Director of Public Works. 73 BR SEBASTIAN v CA Facts: Eulogio Reyes. It was alleged that Hilado consulted Francisco regarding the case and that the former turned over papers to the latter. 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). Atty Vicente Francisco entered his appearance for Assad substituting Ohnick et al. David is the judge trying the case who dismissed the complaint for disqualification against Francisco. Reyes died. BR Sebastian (BRS) was held to be liable. Much later. From such documents. 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. Fernandez. Francisco sent a written opinion to Hilado. Morada. 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. It alleged that as a result of the death of Atty Crispin Baizas. He was substituted by his heirs (the Reyeses). In this case. Therefore. around 5 months after the deadline. Calinisan. Francisco’s defense was that he only met Hilado once and this was when the latter informed him about the case. Only simple negligence on the part of the BRS’ counsel. Gana Lopez. To establish the relationship. 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. which he signed without reading. And that Atty Espiritu. BRS appealed. 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. Rivas.
The failure to object to counsel’s appearance does not operate as a waiver of the right to ask for counsel’s disqualification. Sarenas 2C . Valdes took for granted the trust formed between Jose and him (they had a close relationship since the 50’s). Imelda Nakpil (his wife) acquired the services of Valdes and his accounting and law firms for the settlement of the estate of Jose Nakpil. When Jose Nakpil died. 76 NAKPIL v VALDES Facts: Issue: Jose Nakpil was interested in a piece of property situated in Moran.03. or charged for. Calinisan. Beron. 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 o Apparently. He went into an agreement with Atty. promised. representing conflicting interests when his accounting firm prepared the list of claims of creditors Angel Nakpil and ENORN against the estate of Jose Nakpil. While the case was pending. 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). Fernandez. The CA reversed the CFI. 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. which was represented by his law firm. there is no question that the interests of the estate and that of its Held: Anastacio. Motion for disqualification against Attorney Francisco should be allowed. The letter binds and estops him in the same manner and degree as if he wrote it personally. we hold respondent guilty of representing conflicting interests which is proscribed by Canon 15 Rule 15.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. The existence of attorney-client relationship precludes the attorney from representing (and receiving a retainer from) the opposite party in the same case. The SC found Valdes guilty of misconduct and suspends him for 1 year. The lands’ titles were transferred to his name. 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. Morada. o Including his loans as claims on the estate. And an information obtained from a client by a member or assistant of the firm is information imparted to the firm. neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had. Came to an agreement that the latter would be buying the property in trust for Jose. which was the basis for Imelda’s decision to use his services. The CFI dismissed the action for reconveyance. and the attorney voluntarily permits or acquiesces in such consultation. By his act of excluding the property from the estate and including the loans he contracted (and used for his own benefit) as claims. In the case at bar. and induce him to act for the client. The fact remains that his firm did give Hilado a formal professional advice from which emerged the relation. The SC held that Valdes only held the lots in trust for Nakpil. It was clear that Jose Nakpil and Atty. the Caval Realty Corporation) while including the loans he contracted. Valdes did buy the property by contracting 2 loans. W/n Atty. When a person consults with his attorney in his professional capacity with the view of obtaining professional advice or assistance. It is not necessary that any retainer should have been paid. 75 SANTOS v BELTRAN US…. and to permit it be used in the interest of another. 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. As to the third charge. Valdes should be administratively sanctioned for his acts. The complaint for reconveyance went up to the SC and was decided in favor of Nakpil. Imelda also filed an administrative complaint for disbarment against Valdes. Gana Lopez. What Imelda did was to file a suit for reconveyance in the CFI. Mendiola. Baguio. Rivas. An information professionally obtained by an attorney from a client is sacred to the employment to which it pertains. Carlos Valdes for the latter to buy the property in trust for Nakpil. namely: o Excluding the property in Baguio from the estate of Jose Nakpil. *A retaining fee (just in case itanong) is a preliminary fee given to an attorney or counsel to insure and secure his future services. then the professional employment must be regarded as established.
sound public policy dictates that the lawyer be prohibited from representing conflicting interests or discharging inconsistent duties. To be guilty of representing conflicting interests. Issue: W/N Atty. Atty. and was being paid out of its corporate funds where complainants have contributed. Suspension of 6 months. Since this is the first offense.000 as attorney’s fees and P2. Artezuela engaged the services of 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. Maderazo claims that the document of Echavia was not prepared by him. filed an intracorporate case against its Board of Directors.Salunat entered his appearance in behalf of ASSA Law Firm doesn’t exonerate him. Agustin who handled the case. Maderazo represented conflicting interests. the husband of Maria Patero to recover Maria’s share in the conjugal property. Artezuela filed a suit for disbarment against Maderazo. Echavia was driving a Ford Telstar owned by a Japanese national but in the name of his brother-in-law Villapez. which approved Atty. 78 HORNILLA v SALUNAT Facts: Salunat was a member of the Phil. That Atty. withdrew his services without obtaining Artezuela’s consent. Sarenas 2C . Maderazo represented conflicting interests. the prevailing rule is that the lawyer engaged by the corporation may not represent the directors. Maderazo engaged in activities inimical to her interests. etc. She says that while acting as her counsel. Salunat’s engagement as counsel of PPSTA Complainants. She alleged that Maderazo grossly neglected his duties as a lawyer. Atty. atty.000 as filing fee. and that of the two claimants who are creditors of the estate. did not do anything to keep the case moving and atty. which was received by Maria. a counsel-of-record of one party need not also be the counsel-of-record of the adverse party. Salunat pointed out that he entered his appearance as counsel for the board members for and in behalf of ASSA Law and Associates. He also stated that it was another partner of the firm. Natan had filed an action against Santiago. According to Artezuela. The car rammed into a small carinderia owned by Artezuela. Rivas. the answer by Echavia was only printed in his office. Calinisan. respondent is admonished to observe a high degree of fidelity in the practice of his profession. Salunat engaged in conflicting interests. Mendiola. of which complainants were members. Maderazo in filing a damage suit against Echavia. Salunat entered his appearance as counsel for the board members in said cases. He admitted that ASSA was the retained counsel of PPSTA. specifically Hacienda Minit. Salunat was guilty of conflict of interest because he was engaged by PPSTA. computed the claims of two creditors of the estate. Public School Teachers Association (PPSTA) Board. Artezuela also alleged that Atty. There is clearly a conflict between the interest of the estate which stands as the debtor. In a derivative suit such as the one filed by the complainants against the BOD of PPSTA. Fernandez.LEGAL ETHICS 2nd Sem 2005-2006 creditors are adverse to each other. Issue: W/N Atty. Artezuela paid Maderazo the amount of P10. 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. 79 NATAN v CAPULE FACTS: Natan is the administrator of the estate of the deceased Maria Patero. since that would give rise to a conflict of interest. Atty. Respondent's accounting firm prepared the list of assets and liabilities of the estate and. Complainants contend the Atty. Atty. Held: YES. The interest of the corporate client is paramount and should not be influenced by the interest of the individual corporate officials. Held: Atty. and he delivered to him various documents including the decision of the previous court on the partition of the property of Santiago. at the same time. Morada. According to him. Maderazo prepared Echavia’s answer. Because of the fiduciary relationship between the lawyer and the client. who are members of PPSTA. 77 ARTEZUELA v MADERAZO Facts: Echavia had a vehicular accident in Mandaue City. Beron. Gana Lopez. Partial payments were received by Capule from Natan amounting to P275 but Capule was unable to attend the Anastacio. Atty. He does not have to hold himself as the counsel of the adverse party.
The important fact in this case is that Atty. Natan handled the case personally. when he obtained the attys fees of P4.200. claiming that he is the sole heir of Santiago Patero and in possession of Hacienda Minit. nor may he. at any time. 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. Barrios did not inform her that he was already representing Rovero. When Bautista approached Barrios to enforce the deed. As one of the 16 union officers and directors seeking compensation from the UST for their illegal dismissal. Sarenas 2C . Rovero later on refused to comply with the terms of the deed. Barrios prepared the deed. The 1986 collective bargaining agreement expired in 1988 but efforts to forge a new one unfortunately failed. was disqualified to accept the case of Olimpio who claims ownership over Hacienda Minit.00 without full prior disclosure of the circumstances justifying such clain to the members of the UST Faculty Union. Suspended for 2 years. 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. Gana Lopez. first. when he negotiated for the compromise agreement wherein he played the diverse roles of union president. 81 GAMILLA v MARIÑO FACTS: Atty Marino. negotiated with UST as union attorney. as president. and filed an administrative case against Natan asking the court to order Natan to return ½ of Hacienda Minit. Anastacio. he could not appear for one as against another. union atty and interested party being one of the dismissed employees seeking his own restitution. Atty. 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. Instead of representing Bautista. 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 administration of UST and the UST Faculty Union also entered into a compromise agreement for the payment to settle backwages.000. because of his previous relationship with Natan. 80 BAUTISTA v BARRIOS Facts: Issue: Held: Rufina Bautista engaged the services of Atty. Calinisan.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE: HELD: hearing. Barrios merely said that she has no cause of action. use against his former client knowledge or information acquired by virtue of his previous relationship. being an attorney himself. In the same year. Fernandez. Marino. Capule represented Olimpio Patero. Atty Marino failed to avoid conflict of interests. 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. 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. Supposing that Barrios was indeed representing both Bautista and Rovero. Bautista sued him. The Sec of Labor prescribed the retroactivity of the collective bargaining agreement to 1988 when the 1986 collective bargaining agreement expired. Morada. Since the Judge refused to grant postponement. In 1989. Beron. Jr. Thereafter. 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. Barrios to draft an extra-judicial partition between Bautista and her brothers and sisters and Rovero on the other side. and thereafter. 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. Rivas. Mendiola. The test of conflict of interest among 2. Barrios instead appeared for Rovero. he may not. Jr. 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.
00 from a private individual. Since they parted ways. Limon claims that the P10T was just his attorney’s fees. He should be DISBARRED! By extorting money from his client through deceit and misrepresentation.) 82 SUNTAY v SUNTAY Facts: The complaint for disbarment was filed by Frederico Suntay against his nephew. 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. He then required the Docena spouses to post a supersedeas bond in the amount of P10. During the preliminary investigation. Mendiola. It is also not necessary to specify the alleged confidential information used.00 allegedly to stay the execution of the appealed decision The Docena’s obtained a loan of P3.140. When The Docena’s went to the CFI to withdraw the bond after the case. Rivas. 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. When complainat declined the demand. Atty Suntay. Morada. Atty Suntay is suspended for 2 years. He has sullied the integrity of his brethren in the law and has. and political affairs.00 from the Borongan. in which Dinglasan is an officer. In addition. respondent has made himself unworthy to remain in the Roll of Attorneys. 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.000 as consideration for the destruction of complainants record in the BIR. which is reflective of his depraved character.00 from the Borongan. the necessity of setting down the existence of the bare relationship of attorney and client as the yardstick for testing incompatibility of interests. or worse. eroded the peoples' confidence in the judicial system. Beron. and applied for an agricultural loan of P4. 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. borrowed P2. they discovered that no such bond was ever posted by Limon. Calinisan. 83 DOCENA V LIMON Facts: Atty.000. 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. Dinglasan charged complainant with the crime of false testimony and grave oral defamation. To make the passing of confidential information a condition precedent would not enhance the welfare of the litigants. alleging that respondent was his legal counsel who was privy to all his legal. By his reprehensible conduct. so low and dishonorable. A lawyer shall preserve the confidences and secrets of his clients even after termination of the attorney-client relation. Hence.LEGAL ETHICS 2nd Sem 2005-2006 3. Fernandez. Samar Branch of the Philippine National Bank. Sarenas 2C . Gana Lopez. it is undoubtedly a conflict of interests for an atty to put himself in a position where self-interest tempts. Issue: Whether the acts of Atty Suntay in filing the complaints constitute malpractice… Held: YES. and most contemptible. In the same manner. 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.. respondent Limon has reduced the law profession to a level so base. Magno Dinglasan demanded from complainant P150. Atty Sntay acted as counsel of Magno Dinglasan. W/N Limon should be sanctioned. Eastern Samar Branch of the Development Bank of the Philippines.000. Issue: Held: Anastacio. wherein Limon himself acted as guarantor.860. tsk bad. indirectly. He also ought to have disclosed his interest (which he only did only years after the consummation of his share. actually impels him to do less than his best for his client. Complainant testified that he consulted Atty Suntay about the demand made by Dinglasan. Limon was the Docena spouses’ lawyer for their appeal in a Forcible Entry case. Atty Marino. Atty Suntay had been filing complaints and cases against complainant making use of confidential information gained while their attorney-client relationship existed.
Beron. checks were issued to cover the indebtedness. Later on.000 payable to ATTY RIMORIN To complete payment. a retired US citizen. 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. Several extensions were sought by Salubre but he still failed to pay. Salubre violated Canon 16 of the Code of Professional Responsibility for his failure to return the funds of his client upon demand. VIOLATED CANON 16 RULE 16. His appointment as Judge is not a valid reason not to properly address the demand of complainant. Fernandez. Andrew Cunanan. Complainant’s voluntary desistance does not confirm nor deny Salubre’s non-culpability. He even issued a promissory note for said amount. failed to keep up with the exacting standards of the Canons of Judicial Ethics. he bombarded complainant with a long line of promises hoping that the latter would allow the matter to be. Upon advice of Salubre. represented by NOLI DE CASTRO.000 This amount was to be paid out of the goodwill money to be paid by ABS-CBN. 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.000 in the bank account of ATTY RIMORIN According to the affidavit of NOLI. There was an allegation of violation of Canon 17 but this was not substantiated.000 but after that there was no more communication from ATTY RIMORIN Hence. left unsettled. Instead of consigning it to the court. prior to being a judge. Gana Lopez. Rivas. Sevilla gave P45k to him to be consigned with the court as repurchase money. The Affidavit of Desistance did not divest the Court of its jurisdiction to impose administrative sanctions upon Salubre.000 which the lawyer received in trust for him] ISSUE HELD W/N ATTY RIMORIN SHOULD BE REPRIMANDED YES. 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. 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. issued a check for P100. the amount due was around P77k (45k as principal and 32k as interest). Sarenas 2C . Mendiola. in exchange for an exclusive interview regarding the story of CUNANAN’S son. By the time the case was referred to the Office of Court Administrator. 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.000 today” CUNANAN indeed received P30. eventually. Salubre.LEGAL ETHICS 84 SEVILLA v SALUBRE Facts: 2nd Sem 2005-2006 Salubre. 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. Andrew For the 1st partial payment. Administrative cases against lawyers can still proceed despite the dismissal of civil and/or criminal cases against them. Salubre promised Sevilla that he would pay the sum of money. But these were dishonored on the ground “account closed”. Salubre is fined and given a stern warning. ABS-CBN deposited the balance of P100. 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. in the United States CUNANAN verbally agreed to pay ATTY RIMORIN P40. Salubre deposited the money in his own account and later used personally by him. Morada. 85 CUNANAN v RIMORIN FACTS CUNANAN. Salubre’s appointment as judge did not extinguish the obligation incurred by him when he was still a trial lawyer. Calinisan. Instead. NOLI acting in behalf of ABS-CBN. 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. 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.01 Anastacio. by delaying payment of his obligation. was Sevilla’s counsel in a civil case for repurchase and damages. It was shown that Salubre later returned the funds to Sevilla after the case for estafa was filed.
the SC was constrained to find him guilty of deceit. Sol. After being threatened with another lawsuit. 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 SC disbarred him. Gana Lopez. Fernandez.000 representing the balance of P200. In fact. Meneses must return the amount of P50 to Marquez. ATTY RIMORIN fell short of his duty as a lawyer under Canon 16 Rule 16. The acts of respondent in retaining for his personal benefit over a one-year period. Her counsel in that case was Atty. 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. Melo then gives the rentals to Licuanan. Issue: W/N Atty. The decision of the Justice of the Peace Court was in favor of Marquez.000 86 LICUANAN v MELO Facts: Leonila Licuanan won in an ejectment case against Aida Pineda. Rivas. The judgment ordered Pineda to pay rentals. says that Atty. It is highly improbable that Marquez would agree to pay P175 as fees to atty. W/n Melo should be sanctioned for his acts. to Licuanan. Marquez retained the services of Atty. he should be sanctioned. Meneses for at least 6 months. Meneses should return the amount of P 50. Issue: Held: 87 MARQUEZ v MENESES Facts: Marquez was introduced by Atty. because those funds properly belong to the latter From the time of the filing of the administrative case until the present. also recommended the suspension of Atty. 16.01. Licuanan. He has violated his oath not to delay any man for money or malice.220 received by him on behalf of his client.220). considering the fact that the claim was only for P210. depriving her of its use. Mendiola. CUNANAN’S demand for accounting has not yet been satisfied by ATTY RIMORIN Thus. Held: Atty. In response. which is disbarment.01 and should be penalized accordingly JUDGMENT Suspended for 1 year and to render an accounting of P170. P75. Beron. ordering Igdanes to pay the P210 claim and P75 as attorney’s fees. then finds out that the money paid by Pineda was with Melo.000 were received by ATTY RIMORIN for the benefit of and in trust of CUNANAN. Sarenas 2C . It was Melo who demanded payment from Pineda.’s fee of P175 is unconscionable. Meneses to claim P50 of the P75 that the latter got. 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.03). CUNANAN. is a breach of the Lawyer's Oath to which he swore observance. and an evident transgression of the Canons of Professional Ethics (16. 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. Meneses should return the amount. Marquez advanced the amount from time to time. Marquez went to see Atty. The agreement was that Marquez was to pay Meneses a fee of P100 whether the case was won or lost. After 1 year. Respondent's unprofessional acts considered. malpractice and gross misconduct in office. through another lawyer. The Sol. Licuanan then files this complaint with the Office of the Court Administrator against Melo for breach of professional ethics. He deserves the severest punishment. Suspension of 1 month. Marquez received a letter from her brother saying that Igdanes had paid the P75 to the sheriff as partial satisfaction and that Atty. and withholding information on the same despite inquiries made by her. the amount of P5. Atty. Yes. Meneses as a prospective client. Marquez claims that Meneses was only entitled to P25 of the amount paid because she had already given the Atty.02. Morada. He has displayed lack of honesty and good moral character. Calinisan. totaling P75. Meneses had gotten all of the P75. 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. 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. Peralta to Atty. Gen.LEGAL ETHICS RATIO 2nd Sem 2005-2006 It was established that the P200. Manuel Melo. An atty. Licuanan. Pineda paid the rentals to Melo (worth P5. 16. in arrears and succeeding. Meneses to prosecute a claim of P210 against Igdanes.
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
LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 W/N the case against Mauricio should be dismissed. Pagatpatan is ordered to return the P150k and is suspended for 2 years. 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. HERNANDEZ’S husband abandoned her and her son Shortly thereafter. Pagatpatan’s defense is that the Morteras and their mother owed him money for services he previously rendered the family. However. 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. by Pagatpatan. although he is entitled to a lien over the funds in order to satisfy lawful fees. deceit. he entered into a secret agreement with Aguilar where he received P150k as partial payment of the judgment sum. Rivas. it was understood that he agreed to take up the latter’s case and that an attorney-client relationship between them was established. 95 HERNANDEZ v GO FACTS Sometime in 1961. The claim that he need to protect his interests since there were other people claiming the money from the Monteras was not proved. Morada. in his personal account without the knowledge of the Morteras. The penalty of 1-year suspension recommended by the IBP is not commensurate to the fault done. Calinisan. is bound to account whatever money received for and from them. care and devotion. Beron. No. creditors of HERNANDEZ’S husband demanded payment of his loans Fearful of mortgage foreclosures. When respondent accepted P56. he should charge only a reasonable amount of fees. After judgment was rendered. He should be suspended for 6 months. is obligated to keep his own money separate from his clients and. Issue: Should Pagatpatan be held administratively liable? What is the proper penalty? Held: Yes. As counsel he: owes candor to his clients. They secured a favorable judgment in which they are to receive P155k. Counsel tried to subvert both law and proper procedure to recover his fees.000. Fernandez. Counsel’s actions were clearly tainted with bad faith. 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. 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. Several factors warrant a more severe penalty: Considering that Pagatpatan is a seasoned practitioner. it was expected of him to serve complainant with competence and attend to her case with fidelity. Pagatpatan failed to observe Canon 15 and 16 of the Code of Professional Responsibility. Pagatpatan was counsel for the Morteras. This money was later deposited. Morteras filed an action because Pagatpatan refuses to surrender the money despite the successive Orders of the RTC and CA. Sarenas 2C . Just like any other professional. and that he wouldn’t be paid if he did not do what he did. a lawyer is entitled to collect fees for his services. Mendiola. he covenants that he will exercise due diligence in protecting his rights. But there is nothing on record that Mauricio entered his appearance as counsel of record. From then on. and utter contempt of his sworn duty as a lawyer. his actions are inexcusable.” when a lawyer takes a client’s cause. He did not even follow-up the case which remained pending up to the time she terminated his services. Gana Lopez.00 from complainant. 94 MORTERA v PAGATPATAN Facts: The Morteras sued their mother. and 2 other persons—Aguilar and Bradfield—for the rescission of a contract of sale.
Liberato Ibadlit as her counsel. Obviously. He must present every remedy or defense within the authority of the law in support of his client's cause. the Court disbarred and expelled lawyers from the practice of law in similar circumstances. thus. In the full discharge of his duties to his client. CA – Mendiola Facts: The prior case involves the cancellation of 2 real estate mortgages in favor of San Miguel executed by Tango. Reontoy also said that he would never authorized Proculo to represent her to the court or to her lawyer because Proculo was unlettered. Their counsel. SC says yes. Morada.03. Gana Lopez. Proculo Tomazar. regardless of his own personal views. 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. Calinisan. and that these lapses justify the dismissal of the 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. The CA decided that the Appellant’s Brief does not contain a Subject Index or a Table of Cases and Authorities. 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. A lawyer owes entire devotion in protecting the interest of his client. A lawyer has no authority to waive his client's right to appeal. the lawyer should not be afraid of the possibility that he may displease the judge or the general public. the appeal was instantly dismissed. His failure to perfect an appeal within the prescribed period constitutes negligence and malpractice proscribed by Rule 18." Issue: Held: 97 DE LAINO v CA De Liano vs. a forbidden act. to inform Reontoy of his opinion that he did not think that an appeal would prosper. Anastacio. 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. The prior case was decided against SMC. 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. Rivas. Ibadlit is suspended for 1 year. Ibadlit only filed the notice of appeal after the reglementary period for appeal. 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. Mendiola. De Liano was a senior executive of SMC. He says that he informed Reontoy’s brother. however. W/n Ibadlit should be sanctioned. This statement was refuted by the testimony of Proculo saying that he was not given such info. a grievous wrong. Afable filed an Appellant’s Brief which failed to comply with the Rules of Court. Ibadlit received the notice of the decision but he opted not to file an appeal. warmth and zeal in the defense of his rights. Sarenas 2C . Canon 18. 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. Fernandez. Atty. De Liano appealed the decision to the CA. Beron.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE HELD RATIO were redeemed by HERNANDEZ when their mortgages fell due In 1974. she entrusted to him her land titles and allowed him to sell the same o ATTY GO. 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. a dereliction of duty. Tango noticed this flaw of the Brief and immediately moved for the dismiss of De Liano’s appeal.
His notarial commission is revoked and he is disqualified from reappointment as notary public for 2 years.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. 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. Held: YES. 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. Mangibin prepared the discharge of real estate mortgage without asking Castillejos for anything to serve as identification except for a Community Tax Certificate (CTC). He even threatened to file a counter suit against her if she files a case against him. This enabled Galvan to mortgage the property again. Beron. Morada. Mangibin violated the Notarial Law and Canon 1. this does not operate in favor of De Liano. Fernandez. Relevant to the topic: Generally. thus. the negligence of the counsel binds the client. Calinisan. As such. Mangibin was negligent in performing such duty. who was a notary public. Mendiola. Held: The dismissal of the brief was proper. Mangibin should have requested other forms of identification or asked questions to ascertain her identity. 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. Afable may be said to be SMC’s counsel. Afable. 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. Such document is by law entitled to full faith and credit upon its face. and the public must be able to rely upon an acknowledgement by a notary public appended to a document. That Atty. Issue: W/N the dismissal of the Appeal was proper. SMC must be held bound by the actuations of its counsel. administrative agencies. Atty. The deed of mortgage was registered in the Register of Deeds of La Union. All appeals are merely rights that arise from statutes. 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. Notarization is invested with public interest. Even if Atty. SMC’s board resolution attests to that. and that he had no available means of ascertaining their real identities. they must be exercised in the manner prescribed by law. Rivas. a certain Lilia Castillejos represented herself as Tabas and appeared before Mangibin. making it admissible in court without further proof of its authenticity. 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. Gana Lopez. Afable was clothed with sufficient authority to bind SMC is undisputable. Sarenas 2C . 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. Tabas filed this complaint for disbarment. 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. 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. Courts. and asked the latter to prepare a discharge of the mortgage and to notarize it afterwards. It converts a private document into a public one. It is to this end that rules governing pleadings must be exercised in the manner prescribed by law.
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. Ramirez for the spouses. Endaya confronted Oca about the decision. Oca only appeared once in the MCTC and practically abandoned the spouses thereafter. Suspended for 2 months from practice of law. Spouses were ordered to vacate the property and pay a certain amount for rentals. At the continuation of the prelim conference. At the beginning of the preliminary conference. Oca failed to submit any affidavit or position paper. Guess what. Atty. o In the IBP investigation. RTC reversed the MTC decision. An answer was prepared by a Mr.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. W/N Oca committed professional misconduct Yes. Endaya never gave anything to Oca to support their claim. Calinisan. Oca failed to submit anything again. Oca did indeed receive a copy of the decision (liar!). the complaint for unlawful detainer was dismissed because those who filed the case were not reall parties-in-interest. The court also said that 30 days after the submission of the last paper or upon expiration of the period for filing. judgment shall be rendered on the case. Oca’s story shows his appalling indifference to his clients’ cause. Oca once again failed to file anything. The facts show that Oca failed to employ every legal and honorable means to advance the cause of his client. Morada. 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. Beron. The case was appealed to RTC. Motion was denied. 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. For intentionally failing to submit the pleadings required by the court. Issue: Held: 101 DE JUAN v BARIA III FACTS: Anastacio. spouses appeared without counsel. A lawyer continues to be a counsel of record until the lawyerclient relationship is terminated. Oca once again failed to submit anything. Oca: o In his comment. Oca feigned that he did not receive anything. Rivas. deplorable lack of respect for the courts and a brazen disregard of his duties as a lawyer. The judge then ordered all parties to submit their affidavits and position papers. Endaya filed his reply which just reiterated what he put in his complaint. o The PAO is burdened with a heavy caseload. 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. Oca cannot just appear only once for the spouses. Nonetheless. Oca explained that he failed to file a rejoinder because he believed in good faith that it was no longer necessary. Oca filed motion for amendment of answer. Facts to show may problema talaga to si Atty. Gana Lopez. o SC ordered Oca to file a rejoinder. Sarenas 2C . Oca was assigned to handle the case. Mendiola. respondent practically closed the door to the possibility of putting up a fair fight for his client. Fernandez. Upon checking with the clerk of court. Hence this administrative complaint. Endaya sought the services of the Public Attorney’s Office. 100 ENDAYA v OCA Facts: A complaint for unlawful detainer was filed against Artemio Endaya and his wife.
why did he not file with the CA a motion to withdraw as their counsel? The practice of law does not require extraordinary diligence. Fernandez. he suggested that he be given possession of their Mitsubishi car. 2.. Atty Baria remains counsel of record and whether or not he has valid cause to withdraw from the case.000 is sufficient. She asked for the assistance of Banahaw Broadcasting Company (BBC) to search for a lawyer. he alleges that De Juan pocketed the money that Triple AAA has already paid off. HELD: YES. Since they cannot pay. 102 EDQUIBAL v FERRER FACTS: Edquibal charged Atty Ferrer with professional misconduct and neglect of duty. Edquibal engaged the services of Ferrer to assist his mother Ursula in cases she filed against his sister Delia involving a certain property." De Juan charged Atty Baria with negligence and threats to her person.. 3. He then offered to buy. Anastacio. which made him lose his appeal. even if this happened during the early 90’s). Suspended for 3 mos. Atty. Sarenas 2C . 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.. Baria told de Juan and the husband "wag na tumawag uli dahil galit. the trial judge rendered a decision adverse to his mother. respondent failed to file the appellants' brief despite receipt of such notice. the NLRC decision was reversed. gusto nya kasuhan ng libel kasi may sinabing bad against him) ISSUE: WoN Atty. When complainant Edquibal informed respondent Atty Ferrer that he does not have enough money. she asked Atty Baria as to what to do next. Gana Lopez. After that. In one of the cases. Without a proper revocation of his authority and withdrawal as counsel.". Beron.. The Cuizon’s got another attorney. All that is required is ordinary diligence expected of a bonus pater familias. When an adverse NLRC decision was rendered against de Juan. Rule 18. was received by him. he still failed to appear in the case of Antolin Cuizon. Atty Ferrer then advised complainant to appeal to the CA and that the cost involved is P4. May incident pa re: Raffy Tulfo (pero d na kelangan un. 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. Atty.LEGAL ETHICS 2nd Sem 2005-2006 Emma de Juan dwas dismissed by Triple AAA without notice. Atty replied "Paano ba yan. However. The new lawyer. (Too cheap.000. Baria can be administratively charged? HELD: Yes. RATIO: 1. 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. Records show that respondnet was the counsel of record for Edquibal. Also. 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. the lawyer owes fidelity to such cause and must be mindful of the trust and confidence reposed in him. and bought it for only P85T.03 provides that the negligence of lawyers in connection with legal matters entrusted to them for handling shall render them liable... Morada. Baria accused de Juan that she lied re: her employment. Rivas. Mendiola. and Atty. If it were true that Atty Ferrer did not agree to represent Edquibals. 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.. ISSUE: W/n Atty Ferrer is guilty of professional misconduct. Respondent Atty Ferrer denied that he filed an appeal. iha eh hindi ako marunong gumawa ng Motion for Reconsideration?" and the secretary of Atty. Oscar Barria III. Edquibal followed up the appealed case. Calinisan. He then learned that the appeal was dismissed for failure to file the required appelant's brief. In spite of everything. Once a lawyer agrees to take up the cause of a client. he cannot just do so and leave his client out in the cold. Atty ferrer said P2. He claimed that he never agreed to handle the appeal.
Fernandez. A lawyer should carry the case of his client until its termination or until it has become final and executory. He was warned and fined in the amount of P5k. he no longer resided in his place) The IBP wanted to suspend him for 3 years. He also cited that he was lambasted on air by a radio announcer--Raffy Tulfo. By his repeated cavalier conduct. The highest form of respect for judicial authority is shown by a lawyer’s obedience to court orders and processes. He should be DISBARRED and not just suspended. A lawyer may only abandon his client and withdraw his services for a reasonable cause and only upon appropriate notice. it is a lawyer’s duty to uphold the dignity and authority of the court. Negligence of lawyers in connection with legal matters entrusted to them for handling shall render them liable (Canon 18 Rule 3). 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. Macalino should be sanctioned. Issue: Whether Baria III committed culpable negligence. the respondent exhibited an unpardonable lack of respect for the authority of the Court As an officer of the court. He was ordered to be arrested by the NBI. And when her husband called the office of the lawyer. 105 ROLLON v NAVAL FACTS ROLLON. which he did not pay. Morada. this cannot absolve him. and his negligence in connection therewith shall render him liable. And when she asked counsel what to do. Once a lawyer agrees to take up the cause of a client. After his client expressed her desire to file such motion. the secretary told them not to talk with said counsel anymore. Based on a performance evaluation she was terminated.LEGAL ETHICS Issue: Held: 2nd Sem 2005-2006 He (Macalino) was sanctioned by the lower courts. the decision was reversed. Gana Lopez. So he remained De Juan’s counsel in the case. There was no proper revocation of authority and withdrawal by Baria III.03. Baria III did fail to file a motion for reconsideration. 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. went to the office of ATTY NARAVAL to seek his assistance in a case filed against her (Collection of Sum of Money) Anastacio. 104 DE JUAN v BARIA III Facts: De Juan was an employee of Triple AAA. Rivas. And that he received death threats after De Juan’s husband called their office and gave a warning to his secretary. She said that she only came to know of the reversed decision a month after it was promulgated. And when the NLRC reversed the decision of the Labor Arbiter. Beron. He did not obtain the written consent of his client or the permission of the court to withdraw from the case. and was fined by the SC for P1000. who was not able to serve the warrant against him (allegedly. A lawyer is expected to be familiar with the rudiments of the law and procedure. filing a motion for reconsideration is not that complicated. Sarenas 2C . De Juan blamed Baria III for the reversal of the decision. he advised De Juan to get a more experienced lawyer. he owes fidelity to such cause and must be mindful of the trust and confidence reposed in him. His excuse that he did not know how to make one is inexcusable. Held: Yes. Canon 18 of the Code of Professional Responsibility which provides: A lawyer shall not neglect a legal matter entrusted to him. Calinisan. the latter said that he did not know how to make a Motion for Reconsideration. it is incumbent upon him to familiarize himself with the procedure to carry out such task. When the company appealed to the NLRC. 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. together with her SON. De Juan filed a case for illegal termination against the company. Though he did inform his client of his lack of experience. He further averred that it was De Juan’s negligence and folly that caused her to lose the case. Baria III asserts that he did not commit any breach of his oath and that he has vigorously pursued his client’s cause. W/N Atty. Anyway. In sum. in failing to file for De Juan motion for reconsideration from the decision of the NLRC. that would warrant disciplinary action. Atty Baria III was her counsel. Mendiola. Baria III abandoned the cause of his client without a just reason. 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.
Gana Lopez.LEGAL ETHICS ISSUE HELD RATIO 2nd Sem 2005-2006 After going through the documents. They may decline employment and refuse to accept representation. filed a complaint against Insular Lumber Co. Eventually.000 W/N ATTY NARAVAL SHOULD BE REPRIMANDED YES. Mendiola. gross misconduct or violation of the lawyer’s oath. filed a motion for reconsideration.000. JUDGMENT Atty. complainant’s eight thousand pesos (P8. But once they agree to handle a case. Phils.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. 106 MIRAFLOR v HAGAD Facts: Issue: Held: Nilo Miraflor. after going through her papers. ATTY NARAVAL agreed to be ROLLON’S lawyer and required her to pay P8. Otherwise. at the rate of six percent per annum. Acceptance of money from a client establishes an attorney client-relationship and gives rise to the duty of fidelity to a client’s cause. diligence.05 and Canons 16. W/n Aguirre and Hagad acted properly as lawyers. their clients would be prejudiced. which was affirmed by the Office of the President (OP). FOR VIOLATION OF RULE 15. Furthermore.05 AND CANONS 16. Juan Hagad. SC says YES. 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. Beron. care and utmost devotion. within thirty (30) days from notice of this Decision. practicing lawyers may accept only as may cases as they can efficiently handle. ATTY NARAVAL failed to render any legal service to ROLLON and despite ROLLON’S repeated demands. Rivas. Fernandez. However. As counsel for ILCOPHIL. Respondent Atty. The Minister of Labor and Employment initially denied the petition but the NLRC reversed the ruling. 17 & 18 Ordinarily. plus interest thereon.000). if they are not in a position to carry it out effectively and competently. ATTY NARAVAL withheld such vital information from ROLLON and even demanded P8. as the Executive Labor Arbiter. lawyers are not obliged to act either as advisers or as advocates of any person who may wish to become their client. And every case accepted by a lawyer deserves full attention. 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. through Atty. (ILCOPHIL) for illegal dismissal. Aguirre lowered the amount adjudged by the OP (from 27k to 14k). Canon 18 of the Code of Professional Responsibility mandates that "a lawyer shall serve his client with competence and diligence. from October 18. with the help of Primo Miraflor. 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. Respondent Atty. he is ORDERED TO RESTITUTE. 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. ATTY NARAVAL should have given ROLLON a candid opinion on the merits and status of the case." Anastacio. attorneys are required by the Canons of Professional Responsibility to undertake the task with zeal. 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. Hagad can never be faulted for having filed said motion for reconsideration. ILCOPHIL. effective upon his receipt of this Decision. In the case at bar. Morada. records show that after receiving P8. 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. 2000. skill and competence.000 as filing and partial service fee As per instruction of ATTY NARAVAL. Jose Aguirre. Camilo Naraval is found GUILTY of violating Rule 15. until fully paid. issued a writ of execution to enforce the decision of the OP. the civil suit against ROLLON had been decided against her and had long become final executory. Sarenas 2C . Apparently. 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. Hence.000 as filing and service fee giving her hope that her case would be acted upon. Calinisan.
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. He entered a plea of guilty on counts 1. 3. through Montero as counsel. 5. obtained a favorable judgment from the MTC which ordered Co to vacate the premises subject of the ejectment case. Canon 19 requires a lawyer to represent his clients within the bounds of the law. 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. never offered any satisfactory evidence to warrant the conclusion that Atty. and 7. because of lack of evidence. considering the number of actions he filed. Calinisan. 2. 129 and with the Interim Rules and Guidelines. in allowing said motion for reconsideration. 2. Prieto was found guilty on count 4. Co should have filed a petition for review and not an ordinary appeal. Aguirre. 107 PEOPLE v PRIETO Facts: Prieto was prosecuted in the People’s Court for 7 counts of treason. The court places reasonable presumption in favor of the legality and regularity of all the proceedings of the trial court.. She neither filed a supersedeas bond nor paid the rentals adjudged by the MTC. His guilt in count 4 is maintained and the penalty imposed is reclusion perpetua due to aggravating (torture) and mitigating (plea of guilt) circumstances. Mendiola. 6. including the presumption that the accused was not denied the right to have counsel. Montero Pacifica Millare. Sarenas 2C ." Issue: W/N Prieto was denied the right to counsel. 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. Held: Prieto was not denied the right to counsel. 3. appealed the decision to the RTC. a lawyer is not a gun for hire. After the dismissal. He must employ only fair and honest means to attain the lawful objectives of his client. The Company argued that the sucurity guards are not under the said law and thery are not entitled to additional compensation Anastacio. Co’s counsel filed four more defective and dilatory petitions before the RTC. He must not allow his client to dictate the procedure in handling the case. Thus the appeal was dismissed. Aguirre. Jr. except for their unsubstantiated allegations. Co. Complainants.LEGAL ETHICS 2nd Sem 2005-2006 With respect to respondent Atty. Beron. However. Issue: W/N Millare should be disbarred for violating Canons 12 and 19 Held: Montero is suspended for one year. the judgment of the MTC had already become final and executory. Atty. Aguirre was merely complying with the presidential directive to have a further adjudication on Nilo's salary differentials and other benefits due him. his explanation is reasonable and satisfactory. The CA also dismissed Co’s appeal from the RTC decision for failure to comply with BP Blg. and 7. Montero is also guilty of forum shopping. According to CA. 108 MILLARE v MONTERO Millare v Montero Facts: This is a disbarment proceeding against Atty. 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. Morada. The court also finds the Prieto is not guilty of counts 1. Fernandez. 3. In short. The statement of the counsel in the court below did not necessarily imply that he did not perform his duty to protect Prieto. CA.2. and SC for the purpose of delaying the execution of judgment by MTC. and made a plea of not guilty on counts 4. 1. the mother of complainant. Rivas. acted maliciously in allowing ILCOPHIL to file the questioned motion for reconsideration. The fact that the atty. Gana Lopez. The appeal from MTC to RTC was sufficient to protect Co’s interest and fully ventilate her defenses. de officio that he would like to be relieved for obvious reasons. and 7despite the fact that the prosecutor only presented evidence on count 4. Jr. As a matter of fact.
defendants (Raga’s) are the children by the second marriage of Vicenta Bucao. compromise their client’s litigation. without special authority. 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 amounts to fraud. Gana Lopez. The facts that were agreed upon were unfavorable to the client does not detract from the binding effect of the stipulation. According to PLASLU. The stipulation was only signed by Atty. Guba(for plaintiffs) and Atty.100 wheels after restoring to FASGI the purchase price via 4 irreovable letters of credit. Calinisan. Attorneys cannot. the CFI rendered decision in favor of the defendants (that Deiparine owns the whole lot).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. 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. o Later on. Morada. o Vicenta Bucao and Tomas Raga acquired land in Cebu. TCT was issued to Deiparine. 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. 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. Beron. Anastacio. Sarenas 2C . 110 CABALLERO v DEIPARINE Caballero v. From the stipulation of facts. Davide(for respondents). not fitted to the automobiles. no proper indications and markings on the wheels. It is puzzling why the petitioners’ signatures were not affixed in the stipulation. 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. 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. Rivas. Deiparine Facts: There was a stipulation of facts stating the following: o Plaintiffs are the children by the first marriage. Deiparine acquired the whole lot through purchase from Tomas Raga. Land was never transferred thru title. 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. Mendiola. PLASLU through their new counsel made ot of record that their former counsel was not authorized by them to enter into stipulations of facts. Fernandez. weight load limits. The conduct of Atty. 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. Issue: Held: 111 PHIL WHEELS v FASGI PHIL ALUMINUM WHEELS. ¼ of this land was sold to Antonio Caballero (one of the plaintiffs).
FASGI would immediately have a right to apply to the Court for entry of judgment.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.(PAWI was spared from possibly paying substantial amount of damages and incurring heavy litigation fees. ISSUE: WoN the decision is binding against PAWI? HELD: YES RATIO: 1. Fernandez. Atty Angeles. Rivas. it held that the supplemental settlement agreement were a NULLITY for having been entered into by Mr. but the lawyer refuese and offered to give them only the sum of P2650. PAWI still defaulted so FASGI filed with the US District Court of the Central District of California. Suspended for 6 months. there is no dispute that complainants were awarded P6500 for unpaid overtime and separation pay. A party. In the instant case. Judgment was rendered in favor of Manalang. he will not afterwards be heard to complain about it. Alleging difficulties in collecting te full amount awarded. Atty Angeles failed to show any such authority. without the latter's authorization. counsel for PAWI. Manalang alleged that they were the complainants in a case for overtime and separation pay filed against their employer. Mendiola. 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. BUT when a client. Manalang made several demands upon Atty Angeles to turn over to them the amount collected minus the agreed upon attorney's fees of 30%. in the amount of P6500. 30% was agreed to be paid ot respondent as his attorney's fees. Atty Angeles was their counsel. fails to promptly repudiate the action of his atty. Thomas Ready. in his defense. 113 GARCIA v CA Anastacio. However. upon becoming aware of the compromise and the judgment thereon. Atty Angeles compromised the award and was able to collect P5500 only. Gana Lopez. settle the action or SM of the litigation even when he honestloy believes that such settlement will best serve his client's best interest. be allowed to later disown the arrangement when the terms thereof ultimately would prove to operate against its hopeful expectations. while FASGI was not ordered to return the wheels. This compromise was allegedly without authority from his clients. and not have waited for more than a year to mention the alleged lack of authority) 2. Sarenas 2C . Morada. it is clear that an atty cannot without a client's authorization. Thomas Ready).THis was executed by the FASGI president and PAWI Counsel (Mr. (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. Calinisan. (PAWI could have sent a disclaimer. should not. without authority from his clients. the Phil Racing Club Restaurant. after its opportunity to enjoy the benefits of an agreement. FURTHERMORE. respondent compromised the award on execution and collected only P5500 from the losing party. 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. 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. In this jurisdiction. ISSUE: Whether respondent Atty Angeles should be suspended from the practice of law because of grave misconduct related to his clients' funds. Beron. herein complainant Manalang.
Fernandez. Aling Petring was just a hoax. 115 PINEDA v CA FACTS JOSE VICTORIA filed a complaint for recovery of possession of 2 parcels of land in Taguig against EMMANUEL VICTORIA. Rizal. uninterrupted. who later on didn’t return the ring anymore. and this includes the authority to make admission for the purpose of the litigation. 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. 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. (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. Apparently. were filed by the oppositors. Mendiola. They brought the ring to Mr. She claims there that she bought the ring from different persons. counsel tried to rely on procedural doctrines—particularly citing that de los Santos has no interest in the case. owner of La Bulakena Restaurant. Even if there would be a full hearing of the case. the result would still be the same. and he concluded that it was indeed the ring that Guevarra bought from him in 1947. they still failed to show open. Director of Forestry. there was open and uninterrupted possession in the concept of an owner). Apparently. So Santiago was ordered to show cause to support his application. 114 SANTIAGO v DE LOS SANTOS Facts: Luis Santiago filed an application for registration of a piece of land in San Mateo. Counsel’s admission binds the client.LEGAL ETHICS Facts: 2nd Sem 2005-2006 Issue: Held: Angelina Guevarra. as the authority to manage the cause. Motions to Dismiss (the application). However. For an attorney who acts as counsel of record and is permitted to act as such. As per the case: “mysterious and ephemeral figure”. the designated judge. Rivas. although made by counsel. Garcia handed the ring to Guevarra and it fitted her finger. should be ignored. even if such was admitted. and that all proofs submitted by him contrary or inconsistent therewith. and adverse possession in the concept of an owner. She inquired where she bought it. Calinisan. The application was opposed by the Director of Lands. JUDGE NAVARRO was still on leave and entered similar minutes noting the notification to ATTY Anastacio. while talking to Consuelo De Garcia. Defendant (De Garcia) is refuted by her own extra-judicial admissions. and by a certain Pacita de los Santos. was rather remote. Morada. Upon examination of the records. recognized her (Guevarra’s) ring in the finger of Mrs Garcia. counsel wants to reverse the decision. 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. During which an extra-judicial admission by Garcia was done. is binding on her. There was really no Aling Petring. And that the ring of Guevarra might just be similar to hers. Issue: Can Santiago (more appropriately his counsel) properly call for the reversal of the decision? Held: NO. This admission led to the dismissal of the application. In a desperate effort to save the case. Beron. peaceful. Rebullida. But the ring was returned to Garcia. It should be noted that technicalities should give way (and even aid) to substantial justice. 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. ET AL stating that the pre-trial will be held on May 29 On May 29. Guevarra’s ring was stolen from her house in February 1952. whether objection is interposed by the party or not…” (Justice JBL Reyes in Joe’s Radio v Alto Electronics). W/N the extra-judicial admission of De Garcia. Sarenas 2C . on the ground that the property was public domain. through his cousel. the ultimate source being Aling Petring. 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. Now. the property appeared to be a part of the public domain. Garcia claims it was lost. A case was filed. where the ring was allegedly bought. Gana Lopez. The lower court is constrained to dismiss the application.
Issue: Anastacio. 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. Having possession of the unsigned papers. The latter tried to open a restaurant but it was not a success. (Paul Geneve) where the latter purchased the lease rights of Montojima over the property. 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. a motion for execution pending appeal was granted EMMANUEL VICTORIA. 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. (Astra) leased its property to Alelie Montojima.not mentioned but I presume he is an associate of ATTY GONZALES 116 SALONGA v CA Facts: Astra Realty Development Corp. 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. 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. Since Salonga had no money. who are required to appear thereat. Rivas. All the documents were prepared by the counsels of both parties (Atty. was ever registered as agreed upon in the Securities and Exchange Commission. such notification is neither adequate nor sufficient for purposes of a pre-trial Judgment of CA affirmed ISSUE HELD RATIO NOTE *ATTY CAPISTRANO . Garlitos for Salonga and Atty. that the parties as well as their counsel. No corporation under the name Solidisque Inc. uniformly emphasized that the pre-trial is mandatory. Now comes George Salonga who was interested in buying the lease rights of Paul Geneve. THERE SHOULD ALSO BE NOTICE TO THE CLIENT Generally. of the pre-trial The case was transferred to the sala of JUDGE PINEDA without knowledge of EMANNUEL VICTORIA. the Bel-Air Village Homeowner’s Association filed a complaint for violation of some municipal ordinances. ET AL was notified of the pre-trial. The idea was to form a new corporation to be named Solidisque Inc. notice to counsel operates as notice to the party/parties represented However. ET AL and commissioned the deputy clerk to receive evidence for JOSE VICTORIA and to submit a report A few days later. this petition Main argument of EMMANUEL VICTORIA. Beron. Oct 16. 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. Sadili for Paul Geneve). ET AL nor ATTY CAPISTRANO appeared so JUDGE PINEDA entered a default order against EMMANUEL VICTORIA.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. Montojima then entered into a Joint Venture Agreement (JVA) with Paul Geneve Entertainment Corp. Sarenas 2C . 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. Gana Lopez. Paul Geneve signed the papers but Dalonga didn’t. 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. Mendiola. Salonga started operating Metro Disco on the subject property. Fernandez. neither EMANNUEL VICTORIA. Paul Geneve paid Montojima but when it was about to start its business. The CA affirmed. Paul Geneve filed a complaint for specific performance against Salonga and his company. application in a given case should be looked into and adopted according to its surrounding circumstances. he suggested that he (along with his company – Solid Intertain) and Paul Geneve enter into a joint venture enterprise. Calinisan. Salonga was also adjudged guilty of civil contempt for his failure to appear in an earlier hearing. He was ordered arrested until he obeys the orders and judgment of the Court. otherwise. Paul Geneve was totally left out. the court shall direct the parties AND their attorneys to appear…” The Court interpreting these provisions. Morada. ET AL or their lawyer On Oct 16.
) Villanueva contented himself to licking Nia’s genetalia. (According to Nia. Fernandez. Gana Lopez. On the other hand. Atty. and to indemnify the offended party the amount of P250. In this mandatory review by the SC. Unfortunately. found Villanueva guilty of raping Nia and imposes the death penalty. the charge cannot qualify as qualified rape. he is merely a surrogate father and there exists no legal relation of step-father and step-daughter) was not averred in the complaint. Villanueva is still guilty of rape. There is no question about the credibility of the Nia as a witness. Arandia failed to file Anastacio. 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. SC says NO. What is important is that there was contract between the peis and the labia of the vagina. 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. because the allegation that the accused is the stepfather (in fact he is not. The lower court. If this were to be allowed.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. The alibi of Villanueva is also self-serving. SC said that extrinsic fraud refers to any fraudulent act of the prevailing party which is committed outside the trial of the case." None of these exceptions has been sufficiently shown in the present case. threatened to kill her if she ever told anyone of the odious act.000. 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. Held: Villanueva is not entitled to a new trial. In fact. Sarenas 2C . Aguilar. Garlitos neither connived nor sold out to the latter. 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). as discussed previously. Issue: W/N Villanueva is entitled to a new trial. 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. the mistake or negligence of petitioners' counsel may result in the rendition of an unfavorable judgment against them. petitioners were declared in default only on the third ex parte motion filed by private respondents. thru his former counsel. or when its application "results in the outright deprivation of one's property through a technicality. 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. However. 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.) It was alleged that one night. it is well-settled that the negligence of counsel binds the client. 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. 117 PEOPLE v VILLANUEVA Facts: Villanueva was accused of raping his 11 year-old stepdaughter Nia. Villanueva. however. The nature of extrinsic fraud. it was too big. The trial judge had occasion to determine the demeanor of the witness. because it is not an element of rape. Mendiola. The fact that Nia’s hymen was intact does not negate rape. Calinisan. Onofre G.Arandia. 543 for list of acts). It doesn’t’ matter if Villanueva’s [penis did not penetrate. Atty. timely appealed to CA. 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. Beron. Consequently. Petitioners George Salonga and Solid Intertain Corporation allege that the "inimical and antagonistic acts" of their counsel Atty. 118 AGUILAR v CA Facts: Aguilar and Salvador were charged with Estafa in an Information filed before the RTC. Garlitos constitute extrinsic fraud (see p. whereby the defeated party has been prevented from exhibiting fully his side of the case. by fraud or deception practiced on him by his opponent. but it would not fit. Rivas. 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). necessarily requires that its cause be traceable to some fraudulent act of the prevailing party committed outside the trial of the case. Morada. In his defense. (The filing of the complaint was brought about by a kiss mark that Nia’s brother saw on her neck. Atty. Villanueva attempted to insert his penis. The error of his defense counsel is neither an error of law nor an irregularity that will merit a new trial. holding a knife against Nia’s neck.
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. Aguilar faces a jail term of 17 yrs and 4 mos to 20 yrs. Inc. 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. judgment is void for want of due process or jurisdiction and B. Rivas. but the new corporation never existed and PGEC asked for specific performance from Salonga during the scheduled hearing. Aguilar hired Atty. 119 SALONGA v CA FACTS: Astra owned a propert located at Bel-Air Village. He neither communicated to Aguilar nor withdrew his appearance as counsel. Montojima received 1M Bt before PGEC can open the business. Held: YES. new trial may be granted if the defendant satisfies the court that: 1) he has a good defense. The said rule must only be applied to advance the ends of justice. and that 2) acquittal would in all probability have followed the introduction of the omitted evidence. CA subsequently denied Aguilar’s motion to dismiss and his appeal. CA should have considered the fact that the appellant’s brief was already filed and is already in the records of the case. Issue: W/N CA committed GAD when it dismissed Aguilar’s appeal for failure to file his appellant’s brief on time. hus efforts at defending thier cause is real. Arias as his new counsel. For some reason. Garlitos. it was obtained by fraud there is no extrinsic fraud in the case the negligence of counsel binds the client. Salvador was granted an extension of time to file her brief. Equal protection of the law demands that persons situated similarly be treated alike. He cannot lose his liberty because of the gross irresponsibility of his lawyer. Mendiola. Both allegedly conspired in committing the crime of estafa. Cathay made a deposit and downpayment of rentals then Anastacio. di ko na sinama mga dissenting. not when the circumstances of the case it becomes a hindrance to justice. Sarenas 2C . The motion was denied for having been filed out of time. and the brief was admitted even though filed beyond the grace period. although he failed to file a timely answer. lawyer of Salonga. Beron. 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. Legarda refused to sign the contract. 120 LEGARDA v CA *mahaba. Aguilar’s attempts to contact his counsel were futile. 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. simple negligence would not amount to a deprivation of right to due process. (Cathay) and Victoria Legarda entered into a lease agreement for a property in QC owned by Legarda. Fernandez. Morada. Makati. 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. There is no reason to treat the two appellants differently. is only guilty of simple negligence. On the other hand. where certain evidence was not presented because of counsel’s error or incompetence. Their cases rest on the same facts.LEGAL ETHICS 2nd Sem 2005-2006 petitioner’s brief on its due date. to see all the negligent acts of Atty Garlitos see page 543 1st paragraph. Gana Lopez. 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. This shows earnest efforts of counsel and petitioner to be heard and lack of intention to cause delay. In a criminal proceeding. Talo naman sila eh Facts: New Cathay House. and the latter entered his appearance in the case and asked an extension of 45 days to submit the appellant’s brief. Calinisan.
Cabrera. 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. Between two innocent parties. Morada.000 in consideration of the Atty Cruz's undertaking to render the services enumerated in their contract. after benefiting from the valuable services of atty COloma. then all the more that Cathay is innocent. and later. mid year and year-end bonuses against their employer Traders Royal Bank (TRB). SO his reputation as a lawyer must be protected. 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. Legarda hired a new lawyer. na wala na yung lupa). 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. 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. Hence this motion for reconsideration of SC decision. 2.LEGAL ETHICS 2nd Sem 2005-2006 Issue: Held: filed for specific performance. It is indeed ironic if after putting forth the best that is in him to secure justice for the party he represents. Cathay presented evidence ex parte. Petition was denied. Rivas. Legarda misjudged and hired the services of Dean Coronel who in the end sort of abandoned her case. Petitioner Union referred to Atty Cruz the claims of its members for Holiday. Legarda did not redeem the property within the 1 year period. Coloma likewise denied that she could have been removed for her failure to comply with her obligations as counsel as she served "faithfully. Perpetua Coloma as their counsel. Legarda’s counsel. the one who made it possible for the wrong to be done should be the one to bear the resulting loss. Mendiola. Decision was res ipso final due to failure to appeal the decision. it is the complainants who. he himself would not get due. Dean Coronel then filed a petition for annulment of judgment. Fernandez. was made without cause and without her consent and when she had already won the case for them in the CFI and the CA. Sarenas 2C . Atty Coloma failed to expediet the hearing and termination of the case. 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. Original decision is reinstated (Legarda=loser) As long as a party was given the opportunity to defend her interests in due course. inexcusable and gross negligence of Dean Coronel. The QC property was then levied and auctioned off to pay for the judgment debt. Gana Lopez. But Dean Coronel failed to file an answer within that period. Cathay won the case (Katay si Legarda). requested a 10-day extension to file an answer which was granted. Service of decision was made on Dean Coronel but he still did not do anything. 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. Beron. W/N Legarda can be bound by the gross negligence of her counsel Yes. NLRC rendered a decision in favor of the union Anastacio. resulting to their having to procure another lawyer.. The SC said that there was unjust enrichment on the part of Cathay because of the reckless. was the highest bidder in the auction. Atty COloma has good reputation. Dean Antonio Coronel. Also. 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. accdg to her. The petition was granted and the sale of the QC property to be set aside. continuously and to the best of her knowledge and capacity". Kahit natalo na sila dahil walang ginagawa si Dean (hindi nga niya sinabihan si Legarda kung ano na nangyari sa kaso nila. If indeed Legarda is innocent. efficiently. Atty. The SolGen further saight that if there was anyone guilty of bad faith in this case. No motion for reconsideration or appeal was made on the order of denial (ibang klase ka dean!) So. she cannot be said to have been denied due process of law. Her dismissal. Calinisan. Atty. Legarda still did not lose faith in her counsel. Cathay’s manager.
The opposing party owed Ong. Union opposed the demand. On appeal to the SC. The monthly fee is intended merely as a consideration for the counsel's commitment to render the services. from the counsel's lawful. Calinisan. Ong agreed to a compromise. This is a gross betrayal of the fiduciary duty: failure to look after the client’s welfare. but Ong instructed Grijaldo to file it with the court. Ong went to Bacolod (where the case was filed) to find out for himself the status of the case and to seek payment. but the case was filed in Bacolod. Equity and fair play dictate that petitioner should pay the same after it accepted and benefited from counsel's services. The P3. Sarenas 2C . provided he be paid in cash. Yes. Rivas. Grijaldo claims that the check is good. To be entitiled to additional attorney's fees. Atty. 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. after many excuses. Worse. Ong was made to execute an affidavit of desistance. but was made to accept it. Grijaldo already received the money from Reyesm but he used it to pay for his (Grijaldo’s) financial obligations. he should have a reasonable compensation for such services.000. Grijaldo deliberately withheld the fat from her. Ong filed a number of affidavits by other disinterested persons who complained of Grijaldo’s mischief. NLRC ruled in favor of Atty Cruz. The measure of compensation should be addressed by the rule of quantum meruit. to protect her interests.000 which the union pays monthly does not cover the services the counsel actually rendered before the labor arbiter and the NLRC. That was the reason why Ong hired a Bacolod-based lawyer. voluntry and unilateral prosecution of union's cause. It is clear that respondent gravely abused the trust and confidence reposed on him by his client. but they reached a compromised in the amount of P180T. He is entitled to P10. Mendiola. Bank complied with such decision. Later on. Ong found out that the affidavit was already filed in court and the case was already dismissed. As long as the lawyer was in good faith and honestly trying to represent and serve the interests of the client. meaning "as much as he deserves". his negligence shows a glaring lack of the competence and diligence required of every lawyer. the court modified the decision of the NLRC by deleting the award of mid year and yearend bonus. Gana Lopez. Jose Grijaldo. He demanded the payment of 10% of the total award. (bottom part of p 5) (irrelevant) W/N Grijaldo should be disbarred.LEGAL ETHICS 2nd Sem 2005-2006 members. Hence this case. thereafter. the TRB management and the NLRC of his right to exercise and enforce his attorney's lien over the award of holiday pay.000 which it has been regularly paying to Atty Cruz under their retainer agreement. 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. Were it not for complainant’s vigilance in inquiring into the status of her case. Beron. Ong initially refused.000 retainer fee. His infraction is rendered all the more deplorable by the fact that complainant is a resident of QC. Issue: Held: Anastacio. Morada. HELD: YES. And it is also a breach of the trust and confidence which was reposed on him. Goretti Ong. When the time of payment came. Grijaldo (who facilitated the compromise deal) handed over P100T in cash and an P80T check. Reyes. A quasi contract arose between the union and counsel. notified the union . Grijaldo breached his futy wwhen he failed to inform the complainant of the status of the criminal case.000 was a general retainer. she would have not know that the case was already dismissed. 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. it contends that there must be separate mutual agreement prior to the performance of the additional services of the counsel. since it was drawn on the checking account of the opposing party’s counsel. only when the check has been cleared. Fernandez. It is not payment for counsel's execution or performance of the services of the counsel. 123 ONG v GRIJALDO Facts: This is a case for disbarment of Atty. The P3. Atty Cruz. But the check bounced. Issue: W/n Atty Cruz is entitled to compensation other than the P3. the complainant. initially had Grijaldo as his counsel for a BP 22 case.
gratuity pay) to Sesbreno for the employees as “Partial Satisfaction of Judgment”. Cebu released P2. Though generally. 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.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. 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. The 20% award is justified. terminal leave pay. Held: Yes. 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. Sesbreno was not satisfied by the decision so he went to the CA. Later on. It is a settled rule that what a lawyer may charge and receive as attorney’s fees is always subject to judicial control. Sarenas 2C . RTC granted employees’ petition. the existence of an unreasonable fee (no matter the degree) does not bar recovery. 10 of the employees asserted that they only agreed to give 40% of their back salaries to Sesbreno. unfair and unconscionable Anastacio. Morada. an award of 50% of back salaries is excessive. Its validity rests largely on the reasonableness of the stated fees under the circumstances of the case. 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. 125 FABILO v IAC FACTS • JUSTINA Fabillo bequeathed to her brother FLORENCIO Fabillo a house in lot in San Salvador St. When a lawyer takes his oath. UNLESS the court finds such stipulated amount unreasonable or unconscionable. equitable. he submits himself to the authority of the court and subjects his professional fees to judicial control. Beron. Considering it’s a labor case. 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.3M (representing back salaries. This was granted. ATTY MURILLO will be entitled to 40% of the proceeds of the mortgage o If leased. ATTY MURILLO will be entitled to 40% of the rentals o If the property is just occupied by FLORENCIO. An attorney’s fee is unconscionable when it is so disproportionate compared to the value of the services rendered. 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. Calinisan. and reasonable amount for attorney’s fees. And kawawang Sesbreno nabawasan pa lalo ang bayad…CA deemed the award of 20% of the back salaries as the fair. Employees filed an MR asserting that there was inadvertence in placing 60% where it should only be 50%. Nevertheless. Judgment became final. Lower court agreed with them and fixed attorney’s fees for Sesbreno at 40% plus the 20% expenses. Fernandez. “Quantum Meruit” which means “as much as he deserves” is often the court’s basis for determining the amount. public policy demands that the contract be disregarded to protect the client. CA affirmed. When the courts find the amount to be excessive or unreasonable. It is only that the courts will fix a reasonable amount. But contingent fee contracts are under the supervision of the court in order that clients may be protected from unjust charges. 32 of the employees agreed that Sesbreno would be paid 30% of the backwages as attorney’s fees and 20% for expenses of litigation. Rivas. Leyte (San Salvador property) and to her husband GREGORIO Brioso a lot in Pugahanay. Mendiola. 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. a compromise was made between the employees and the Province of Cebu whereby said employees waived their right to reinstatement.
the Court found that Gonzales did not violate any law because the Fortunados consented to his appearance for Lopez.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 contingent fee agreement between the Fortunados and Gonzales did not provide for such reimbursement. the SC pointed out that a lawyer may indeed advance expenses of litigation but such payment should be subject to reimbursement. o Acting as counsel for the Fortunados in a case where Eugenio Lopez. Beron. 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. Second. Such contract is against public policy because it gives undue leverage in favor of the lawyer. said prohibition applies only if the sale or assignment takes place during the pendency of litigation involving the client’s property Following that principle. Yes. while knowing fully well that the said property was already sold at a public auction. mortgaged and leased as ATTY MURILLO is entitled to 40% of the purchase price. who was his former client. o Transferring to himself one-half of the properties of the Fortunados. Mendiola. which properties are the subject of the litigation. which prohibits a lawyer from Issue: Held: - - Anastacio. proceeds of the mortgage or rentals respectively However. 1491 of the Civil Code. while the case was still pending. 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. to enter into a contract with him for the development of the land involved in a case into a residential subdivision. For the first allegation. acting as counsel for Lopez in another case. CONTINGENT FEES NOT COVERED BY ARTICLE 1491 Article 1491 prohibits lawyers from acquiring by purchase even at a public auction. the value of the properties subject matter thereof. Morada. mortgaged or leased. properties and rights which are objects of litigation in which they may take part by virtue of their profession However. the Court said that such is a violation of Art. Fernandez. is one of the defendants and.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. Third act. then they would have clearly and unequivocally stipulated in the contract such JUDGMENT Considering the nature of the case. SC suspends him for 6 months. mortgaged or leased. W/n Gonzales should be punished for these acts. in connection with the complaint for estafa filed by respondent against complainant. if the parties intended that ATTY MURILLO should become the lawful owner of 40% of the properties in case the same is not sold. o Inducing complainant. the Court holds that ATTY MURILLO is entitled to P3. CONTRACT OF SERVICES VAGUE AS TO WHO IS THE OWNER SO MUST BE CONSTRUED AGAINST THE LAWYER WHO MADE IT. with respect to a situation wherein the properties are neither sold. 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. In this case. Sarenas 2C . Calinisan. without said case being terminated. Jr. Rivas. Gana Lopez. 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. the length of time and effort exerted by ATTY MURILLO. 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. claiming that he acquired fifty percent (50%) interest thereof as attorney's fees from the Fortunados.
because he had knowledge that the land was the subject of the litigation." the Code still provides that a lawyer should follow the laws of the Phil. Issue: W/N the land was a lawful payment of contingent fees. Therefore. Mendiola. Florencio. And although the Code of Professional Responsibility does not anymore contain Canon 10 of the old Canons of Professional Ethics. Lopez claims that Maria agreed to give him 35% of the area of the disputed land. Maria Biascan opposed the claim of Rosalina. 1491. Sarenas 2C . When Atty. Beron. Gonzales has violated Art. Lopex caused the registration of 210 sq. respondent never rendered any legal service. m. At all times. • • Issue: • W/N the case against Mauricio should be dismissed. Atty. in fact. Atty. The lot was in the name of Florencio Biascan. m. 1491 of the Civil Code and can be administratively punished for such violation. Florencio died intestate. 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. According to Rosalina. the SC held that the original copies of the documents Gonzales submitted were false because they bore the signatures of the Fortunados when.00. Lopez entered his appearance as the counsel of Maria in the opposition. When Florencio died. the TV host. Fernandez. Rivas. Lopez had actual knowledge that the lot formed part of the estate of Florencio.000. they did not sign the original copy but only a photocopy of the original. without the approval of the intestate court.00 as appearance fee notwithstanding her payments. The SC held that in withholding such information. Lopez should have gone over the records. She terminated their attorneyclient relationship and demanded the return of her money and documents. 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. lot. In his defense. Lopez). the deed of assignment itself stated that the TCT was registered in Florencio’s name. Illegal. At that instant. Such conduct constitutes willful disregard of his solemn duty as a lawyer to act at all times in a manner consistent with the truth. By acquiring the property in litigation. Lopez entered his appearance as Maria’s counsel. By registering the land in his name. with the explanation that he can give a discount should she pay in cash. Mauicio refused. Atty. the registration was made during the special proceedings regarding the settlement of the estate. Atty. she paid P25T as acceptance fee. he accepted the offer of Maria. 128 DALISAY v MAURICIO Facts: • • • • This is the case against “Batas” Mauricio. m. Atty. 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. which states that "[t]he lawyer should not purchase any interests in the subject matter of the litigation which he is conducting. Rosalina had submitted an inventory report which listed the land as part of the estate of the deceased Florencio. Morada. 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. A lawyer should never seek to mislead the court by an artifice or false statement of fact or law. of the 600 sq. Atty. Rosalina complained that. Rosalina Biascan filed a complaint alleging that she is the administratrix of the estate of her father. Lopez transgressed Art.LEGAL ETHICS 2nd Sem 2005-2006 - - buying/acquiring the property of his clients which is the subject of a pending case. Allegedly. Atty. Lopez argues that due to the absence of a notice of lis pendens on the TCT. The IBP Board of Governors wanted to dismiss the case. Because the transfer was made during the pendency of the Special Proceedings. Calinisan. Anastacio. Held: The land cannot be regarded as contingent fees. Lopez says that the transfer of a portion of the land was valid since it was a payment of his contingent fees.000. As respondent of Maria. lot in his name (made through a deed of assignment executed by Maria and Atty. 127 BIASCAN v LOPEZ Facts: This controversy pertains to a 600 sq. Initially. Also. o P3. Gana Lopez. However. In total. Mauricio demanded and received exorbitant attorney’s fees but did not take any action on Valerina Dalisay’s case. Suspend – 6 months. Lastly. Art. 1491 clearly applies.
he covenants that he will exercise due diligence in protecting his rights. 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. even exceeding the principal debt which is only P4M. care and devotion. morals. In real terms. Lizardo won. Montano. Sarenas 2C . When respondent accepted P56. the interest alone runs to some P4. a lawyer is entitled to collect fees for his services. Judgment included 25% of the amount payable as attorney’s fees. 25% of the principal and the interest amounts to roughly P2M. He did not even follow-up the case which remained pending up to the time she terminated his services. He should be suspended for 6 months.1M.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. From then on. Morada. Gana Lopez. he should charge only a reasonable amount of fees. However. Mirano’s land was levied and Lizardo won the bidding. Just like any other professional. on credit Under the sales invoice issued by Phelps Dodge. Mendiola.YES! But the amount stated in the sales invoice is reduced from 25% to 10% of the principal amount for attorney’s 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.LEGAL ETHICS Held: • 2nd Sem 2005-2006 No. Anastacio. it was expected of him to serve complainant with competence and attend to her case with fidelity. Without hearing petitioner. it was understood that he agreed to take up the latter’s case and that an attorney-client relationship between them was established. Fernandez.000. Beron. it is strictly binding. 13 years after the case. therefore. BUT. 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 P3.5M. the courts are empowered to reduce such penalty of the same is iniquitous or unconscionable In the case at bar.” • • when a lawyer takes a client’s cause. 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. 130 LIZARDO v MONTANO FACTS: • • • • • • Lizardo instituted a collection case against Eddie Mirano. Atty. It is settled that as long as such stipulation does not contravene law. Rivas. • But there is nothing on record that Mauricio entered his appearance as counsel of record.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: . the attorney’s fees and collection fees are manifestly exorbitant. the trial court rendered an order that Lizardo pay Montano 25% of the property and/or annotate in the TCT the attorney’s lien.00 from complainant. or public order. CA affirmed the RTC decision. Calinisan. the lawyer of Lizardo. filed with the trial court (same trial court as in the previous decision) an omnibus motion for payment of his attorney’s fees. hence this appeal. 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.
it retains such jurisdiction until the final termination of the case. Jimenez demanded P50. In the case at bar. Jose Jimenez Jr. .000 as notarial fee. In the questioned order.000 to be deducted from whatever amount would be successfully collected. P1. 1)Cueto already paid more than half of the fee 2) In all probablity. .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.Atty.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.Engr. 132 LEMOINE v BALON FACTS: Lemoine is a French national who filed an insurance claim with Metropolitan Insurance.000 was exorbitant--> IBP and SC held that is is reasonable recompense (1% of the 5. 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 for settlement which Lemoine suggested that Balon accept to avoid litigation December 1999. An advance payment of P50. Beron. That is not decreed in the judgment.Jimenez still deposited the check. Mendiola. It loses its jurisdiction upon the finality of the decision A final decision cannot be amended or corrected except for clerical errors. sign.000 in cash and issued a check of P20. Calinisan. injustice or fraud.) and also Cueto should have inquired first about the reasonableness. Balon answered that Metropolitan Insurance was offering P350. Rivas. ISSUE: WoN Jimenez can be held administratively liable? HELD: YES. 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. Alex Cueto engaged the services of Atty.. In return. Atty. Alex Cueto paid P30. Cueto requested Jimenez not to deposit the check for lack of sufficient funds. Sarenas 2C . Fernandez. facts show that they agreed on the amount.000 which was received by Balon When Lemoine asked Balon as to the status of the case. 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. AS to the contention that P50. Jimenez filed a BP 22 case against Cueto. the court ordered Lizardo to pay attorney’s fees to counsel. Such variance rendered the order void. Morada. as notary public. RATIO: 1. Lemoine never gave his consent as to the fee. compromise. 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. 131 CUETO v JIMENEZ FACTS: . ALso. Once a court acquires jurisdiction over a case. DOLE and BIR if Lemoine will make any trouble to Balon and that he has good network with the Anastacio. the check bounced (insufficient funds nga!)and the check issued by Jimenez' son was also dishonored for having been drawn against a closed account. Metropolitan Insurance issued a China Bank check payable to Lemoine in the amount of P525. 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. and of course. there was clearly no imposition.000.000 of the contract price sought to be notarized. encash and receive payments Metropolitan Insurance offered to settle Lemoine’s claim and Balon confirmed his acceptance of the offer December 1998. However. Jimenez is severely reprimanded. being the father of the building of the Construction Agreement to be notarized. After notarizing the agreement. What the lawyer may do is file an independent action against petitioner for collection. INJUSTICE or FRAUD".. mistakes or misprisions. the court no longer has jurisdiction over the claim for attorney’s fees.000. Gana Lopez. Cueto also informed Jimenez that his son had not yet paid his services as general contractor. He also threatened Lemoine that he will not hesitate to make proper representation with the Bureau of Immigration and Deportation. 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.
SIHI sent demand letters. (and irrelevant) Now. But this is of no moment. Hamilton received various documents (vouchers. notes) from Andrada. with a 30% interest rate p. Sarenas 2C . under the Code of Professional Responsibility. Beron. Rivas. 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. Attorney’s fees are deleted. 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. 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.L. The award of attorney’s fees is the exception rather than the rule. the fees should have been disallowed by the appellate court. after receiving the check.L. Loan amount was P130T. the same shall be disallowed. he was already asking for 50%. Gana Lopez. Hamilton prepared a formal petition for Andrada. a lawyer shall not engage in unlawful acts . Since the trial court did not state any reason for awarding the attorney’s fees. Hamilton’s defense was that there was no attorney-client relationship between him and Andrada—since he was not the attorney of record. A lot of challenges were made by SCC on the validity of the document. W/N SIHI is entitled to attorney’s fees. that Hamilton was not noted as attorney of record for Andrada. Another misconduct was committed by Hamilton when he proposed. The officers above mentioned executed a comprehensive security agreement on the loan. and also prepared papers relating to attachment proceedings against the property of Alburo. through a letter. On the second misconduct. But SCC failed to pay the loan. \hence it is necessary for the trial court to make findings of fact and law. Joseph Lumber Yard. Given the failure of the trial court to explicitly state the rationale for the award of attorney’s fees. Fernandez. 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. 134 IN RE HAMILTON Facts: • • • • • • L.a. No. but no payment was made. under a threat to compel said person to accept his proposition. obtained a loan from State Investment house (SIHI). to S. In case of disagreement. however. Hamilton only surrendered the documents received from Andrada when the court ordered him to do so. The cross-examination was postponed many times. 133 SCC CHEMICALS v CA Facts: • • • • • • • • Issue: • Held: • • • • • SCC Chemicals Corporation.LEGAL ETHICS ISSUE: HELD: - 2nd Sem 2005-2006 mentioned agencies.000 to Garcia on the representation of Lemoine. through its chairman and vice president. Hamilton entered appearance as attorney of record for Alburo (the defendant in the same case). SCC was finally declared to have waived its right to cross examine. Mendiola. It appeared. he proposes a 25% attorney’s fees. Judge Wislezinus said: “Ah hindi pwede yan!” He orderd the fiscal to file an action for disbarment against Hamilton for professional misconduct. Porter Hamilton advised and counseled Luciano Andrada in regard to a claim (by Andrada) against Isabelo Alburo. Calinisan. Morada. however. Joseph of Cebu that he be employed as attorney for S. Anastacio. which would bring the case within the exception and justify the grant of the award. SIHI presented one witness to prove his claim. SCC is questioning the preponderance of evidence (irrelevant) and the amount of attorneys fees awarded. In lieu thereof. Surcharges: 2% per month on the remaining balance. Later on. 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. Balon later claimed that he gave P233.
an attorney-client relationship between Francisco and Hilado can be said to have ensued. It was alleged that Hilado consulted Francisco regarding the case and that the former turned over papers to the latter. To constitute professional employment it is not essential that the client should have employed the attorney professionally on any previous occasion. while Ohnick et al filed an answer for Assad. Fernandez. The existence of attorney-client relationship precludes the attorney from representing (and receiving a retainer from) the opposite party in the same case. or charged for. and only for the purpose of explaining to Hilado why his firm rejected the case. An information professionally obtained by an attorney from a client is sacred to the employment to which it pertains. Furthermore. Rivas. the confidential relationship was established. The defense that Francisco never read the written opinion nor the documents submitted by Hilado will not preclude the Anastacio. It is not necessary that any retainer should have been paid. counsel cannot be permitted to shield himself behind the privilege. where the alleged client himself is not insisting on the privilege. and that Hilado’s purpose in submitting those papers was to secure Francisco’s professional services. Sarenas 2C . He did not offer his services in good faith to his client. this opinion was reached on the basis of papers submitted at his office. Francisco’s defense was that he only met Hilado once and this was when the latter informed him about the case. 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). The existence of an attorney-client relationship could be established by overt acts. As to the claim that the letter to S. and the attorney voluntarily permits or acquiesces in such consultation.LEGAL ETHICS Issue: Is Atty Hamilton guilty of professional misconduct? 2nd Sem 2005-2006 Held: Yes. 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. counsel violated the confidence between him and Andrada. From these ultimate facts. Later on. Beron. was counsel for Hilado. By accepting papers relating to the claim. From such documents. sought to disqualify Francisco from representing Assad in the case. Morada. Delgado et al. When a person consults with his attorney in his professional capacity with the view of obtaining professional advice or assistance.L. 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 that the written opinion was made by his assistant. Said judge reasoned that no attorney-client relationship existed between Hilado and Francisco. then the professional employment must be regarded as established. 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. 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. he told his assistant to tell Hilado that their firm would not handle her case. in a disbarment proceeding. and he should be suspended for 6 years. Since makulit si Francisco. David is the judge trying the case who dismissed the complaint for disqualification against Francisco. promised. He added that when Hilado left documents in their office. Joseph. Francisco sent a written opinion to Hilado. neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was had. and to permit it be used in the interest of another. there was no proof that there was an attorney-client relationship between Hamilton and S. which he signed without reading. Joseph was privileged. A stipulated fee is not necessary to establish the relationship either.L. 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. • 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). Calinisan. Gana Lopez. Mendiola. Atty Vicente Francisco entered his appearance for Assad substituting Ohnick et al. Hamilton also counseled with Andrada regarding the subject matter of the suit. Delgado et al.
petitioners and Roco admit that they assisted in the organization and acquisition of companies included in 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. Fernandez. and induce him to act for the client. Sarenas 2C . Concepcion. for the recovery of ill-gotten wealth. al. Rivas. this motion for certiorari W/N the ACCRA lawyers should be excluded from the case Yes. Motion for disqualification against Attorney Francisco should be allowed. Beron. 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. The ACCRA lawyers also made such statement and should also be dropped. In keeping with the office practice. Morada. 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. 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. 136 REGALA v SANDIGANBAYAN Facts: • • • Petitioners in this case and private respondent Roco were all then partners of the law firm Angara. Mendiola. PCGG then said that it will ask for their exclusion only if they will also disclose the identity of their clients During the proceedings. Eduardo Cojuangco et. PCGG was removing Roco because Roco was going to make choochoo and reveal the identity of the principals. may be dismissed on such ground. Abello. Paredes was the Provincial Attorney of Agusan. The letter binds and estops him in the same manner and degree as if he wrote it personally. Hence. And an information obtained from a client by a member or assistant of the firm is information imparted to the firm. which includes shares of stock in certain corporations PCGG later on filed a motion to admit 3 rd amended complaint. Calinisan. Anastacio. Sansaet was the counsel of Paredes. ACCRA lawyers acted as nomineesstockholders. It is apparent that the ACCRA lawyers were only impleaded to force them to disclose the identity of their clients. 0033. Gana Lopez. 0033 – “RP v. The failure to object to counsel’s appearance does not operate as a waiver of the right to ask for counsel’s disqualification. 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. upon motion.”. which excluded Roco in Civil Case 33 as party defendant. Anong kalokohan yan? o Civil Case No. The fact remains that his firm did give Hilado a formal professional advice from which emerged the relation. 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. *A retaining fee (just in case itanong) is a preliminary fee given to an attorney or counsel to insure and secure his future services.
if the client seeks the advice of the atty. -Tugade submitted an affidavit containing facts prejudicial to his former client such as the fact that the crime charged by Anastacio. It was initially approved. asking to be a state witness against Paredes. in effect. he betrayed the trust and confidence of his clients in violation of paragraph (e) Sec. In other words. 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. 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. But for the application of the atty.20 Rule 138 -Tugade’s actuations from the beginning show that he was partial to the adverse parties. Atty. Gana Lopez. the purpose of the consultation must be for a lawfule purpose. to be a state witness on the ground that the confession made by Paredes to Atty. Atty. -Ngayan discharged Tugade as their counsel and found out that Tugade did not include the name of Leonido in the criminal case filed. was privileged communication. and future crimes intended to be committed by the client. the fiscal directed the Deputy Minister of Justice to move for the dismissal of the case on the ground of prescription. the one who filed the perjury case. because Sansaet was the counsel.Gaminda.against a party or witness… Issue: W/N Tugade must be disciplined for violation of the said Rule HELD: YES. The lower court ruled to nullify the patent and title after finding out that Paredes obtained the same through fraudulent misrepresentations. such is not privileged information. -Thus Ngayan charged Tugade for violation of paragraphs (e) and (f). Sarenas 2C .-client privilege. Tugade himself presented an affidavit controverting the discarded affidavit which he prepared for Ngayan. Gaminda. the period to be considered is the date when the privileged communication was made by the client to the atty. Issue: W/N the confession made by Paredes to Atty.-client privilege to apply. -Tugade was also a lawyer of the brother of Leonido in an insurance company. Ngayan asked Tugade to make another affidavit and the latter promised to do so. 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 . is privileged communication. After some time. the adverse parties in affidavit which Tugade prepared for Ngayan. An information for perjury was filed against Paredes. it is privileged information. -When Tugade furnished the adverse parties with a copy of the discarded affidavit.20. Fernandez. Atty. A distinction must be made between communications relating to past crimes already committed. However. the adverse parties filed a motion for reinvestigation through their counsel. Sansaet was. It can be assumed that there was confidential information made by Paredes to Sansaet in connection with the falsification case. Having been made for purposes of a future offense. Held: The confession made by Paredes is not covered by privileged communication. -In the hearing for the motion for reinvestigation. -Upon being informed of this omission. the privilege does not attach. Sec. In the present case. Mendiola. the OMB denied the request of Atty. Rivas. 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. who was a former classmate of Tugade. and also by the fact that he was the lawyer of Leonido’s brother in an insurance company. 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. the adverse parties’ counsel. -When the omission was remedied by their new counsel..LEGAL ETHICS 2nd Sem 2005-2006 It appears that Paredes applied for a free patent and Certificate of Title over a lot. It is true that by now those crimes had already been committed. In a sudden turn of events. Without the lawful purpose. Gelacio. those communications are outside the pale of the atty. This could be explained by the fact that he was a former classmate of Atty. Beron. 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. However. he is suspended from the practice of law for 1 year. with one paragraph crossed out. regarding a crime he is about to commit after the consultation. Besides. Tugade crossed out the said paragraph. This case is actually an exception to the rule. with respect to a crime already committed at the time of the communication. for the rule to attach. Morada. But if the client consults the atty. sent a letter to the OMB seeking the investigation of the 3 personalities for falsification of public documents. Calinisan. thus enabling the adverse parties to use it as evidence against complainants. 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.
Case dismissed. Atty. Vitriolo filed a criminal action against complainant. making it appear that she was married to a certain Ferdinand Fernandez when in fact she was legally married to Ruben Mercado. Atty. the conflict of interest became incompatible with the mutual confidence and trust essential to every lawyer-client relationship. 140 MERCADO v VITRIOLO FACTS: • Rosa F. Rivas. Gana Lopez. Complainant did not even specify the alleged communication in confidence disclosed by respondent.(f) Sec. respondent is guilty of breaching their privileged and confidential relationship. Such desistance has no bearing. The confidential information is a crucial link in establishing a breach of the rule on privileged communication.000 with the court o Palanca has fraudulently charged the P5. 139 PFLEIDER v PALANCA FACTS: Palanca is the lawyer of Pfleider. Mendiola. She claims that in filing the criminal case. Beron.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. Burden of proving that the privilege applies is placed upon the party asserting the privilege. • Later on. but on account of the lease agreement. Mercado (complainant) is a Senior Education Program Specialist of CHED. Vitriolo substituted the counsel who just died. Also. Fernandez. Pfleider leased to Palanca an agricultural land. Court cannot be involved in a guessing game as to the existence of facts which the complainant must prove. 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. • Complainant alleged that the criminal complaint disclosed confidential facts and information relating to the civil case for annulment. The case was dismissed. the results of the investigation recommended that Vitriolo is indeed guilty and should be suspended for a month. Complainant then wrote Justice Davide that she is desisting from pursuing the case because she has found it in her heart to forgive respondent. 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. This constitutes an act of offensive personality against complainants. Atty. 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. • Complainant’s husband filed an annulment case entitled Ruben Mercado v. (falsification of documents: birth certificates of her children. ISSUE: • HELD: • • • • • W/N Atty. 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. 141 GENATO v SILAPAN Anastacio. Rosa Francisco. violative of par. Calinisan.LEGAL ETHICS 2nd Sem 2005-2006 Ngayan had already prescribed. • 4 years later. and that Ngayan asked him to make the offense more grave to prevent the offense from prescribing. Vitriolo is a Deputy Executive Director IV of CHED. Morada. Pfleider delivered the list of creditors to Palanca not because of the professional relation then existing between them.20 Rule 138. Sarenas 2C . All her claims were couched in general terms and lacked specificity. • Complainant’s counsel later on died. While the object of the suit is the rescission of the lease contract.
in said cas as counsel of Bacarro in collaboration with Atty Pacana. Silapan mortgaged his house and lot. ISSUE: Whether or not period to appeal from order denyingh motion for new trial/ reconsideration began to run on Nov 14. petitioner Bacarro. Mendiola... Bukidnon to appear before the judge's ofice and then and there coerced and forced. The judge then issued an order dismissing the complaint. upon the ground that the period to appeal should be reckoned from Nov 14. Genato wanted Atty Silapan to offer bribe money to members of DOJ. Notice of said order was not received by Atty Caballero until March 15.as regards the Court of Gaerlan . This is not a case of substitution. Atty Luminarias and Caballero entered their appearance. under threat of prosecution and loss said land. sabay silang lawyer tapos na-terminate ung employment ni Pacana..When Genato filed a BP 22 case against Atty. A lawyer is not a gun for hire.) Whether Bacarro could . 1967. Neither did Atty Caballero substitute or try to substitute Atty Pacana.) The Court. the latter alleged in his answer that during the previous case (criminal case). Gana Lopez. had the effect of continuig the services of Caballero and dropping Pcana. (Genato lent Silapan money to purchase a new car. Mrs. When SIlapan failed to pay.. 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. 1966. The statement in the motion for reconsideration to the effect that. "after duly relieving his previous counsel moved for the reconsideration of the order. . SIlapan's professional competence and legal advice were not being attacked in that case. Beron. cannot sanction Atty. Rivas. Gaerlan filed a written manifestation inviting attention to the fact that petittoner Bacarro had not complied with said order.validly dispense with the services of Pacana. (walang substitution. Atty Caballero did not substitute Atty Pacana but became one of the attorneys for Bacarro. to execute a deed of reconveyance of 1/2 of the land to Gaerlan. The judge of the lower court ordered an amendment to th complaint of Bacarro. Silapan. Sarenas 2C . because it was left for the trial courts to decide. Silapan for his issuance of a bouncing check. It does not extend to those made in contemplation of a crime or perpetuation of a fraud. or without proof that he had been notified of Bacarro's motion for reconsideration. Fernandez. 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'.The various criminal and civil cases were not discussed.. when a copy of the order was served upon Atty Pacana.LEGAL ETHICS 2nd Sem 2005-2006 FACTS: . Silapan's rights because they were pertinent to the foreclosure case HELD: NO. Gaerlan objected to the approval of said notice of appeal. Calinisan. HELD: March 16. He claims that he was compelled by the Municipal Judge of Baungin. when notice was served upon Atty Caballero. (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. Atty. and presiding judge. the motion was dismissed. A motion for new trial/ reconsideration was filed by Atty Caballero on behalf of Bacarro. or on March 16. 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. Bacarro then filed a complaint for the annulment of said deed of reconveyance. ISSUE: WoN disclosures were indispensable to protect Atty. 1967. 1967. when a copy of said order was served upon Pacana.Complaint for disbarment filed by William Ong Genato against Atty. 1966. A lawyer must conduct himself. By entering his appearnce. without securing his consent.. 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. with integrity in a manner that is beyond reproach. On this allegation. 1966. in this case. through Atty Caballero. especially in his dealings with his clients. ISSUE: WoN Atty. GEnato sought the foreclosure of the mortgage and tried to encash a postdated check issued by Silapan. which subsequently bounced. Motion was denied in an order issued by the judge dated November 14. Essex Silapan . even the prosecutor. Anastacio. on which date he filed a notice of appeal.
he shoud not withdraw. Such desired arrangement would enable them to have a wider area to cultivate and with the least intervention by the landowner’s agents. Held: No. This is one of those rare instances where an attorney. When the coconut trees bore fruit. Sarenas 2C . in his view. and considering the policy and objectives of such legislation. Rodolfo Soriano and Benjamin Cinco. filed an action before the Agrarian court to change their arrangement with the owner from sharing to a lease-hold system. Morada. Gana Lopez. Bicol Federation of Labor. Calinisan. may be allowed to continue his representation. During the pendency of the action. no fault could be attributed to him. According to him. Under the circumstances. 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. in effect. was ousting the planters and preventing them from claiming their rightful compensation. in behalf of its individual members. Beron. Under the Code of Agrarian Reforms. 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. Fernandez. (but he is reprimanded) It was not a willful act on his part. He absolved himself from any blame as. 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. whose authority has been terminated by his client. the Court of Agrarian Relations has jurisdiction. Nonetheless. These planters were also allowed to plant other crops over the land. He cannot therefore escape liability. During the harvesting. insofar as the court is concerned and form receipt of copy thereof by Atty Salcedo. This. He was then assured that the new lawyer will file the brief. and that as a token for his hard work. The relatioship between Bacarro and Pacana ceased to exist from the filing of the motion for reconsideration/ new trial. the Agrarian Courts has jurisdiction over issues involving an individual(s) claiming for compensation from a landowner. Sanglay was given 10 days from Feb 3. Such a step he did not take until after the Feb 3 resolution. he contacted the parents of the appellants. Atty. This fact was used by the defendants (Cuyugans and the agents) as another defense. the names of the individual claimants should be added to the complaint under the legal representation of Atty Fabul until and unless Anastacio. the agent of the owner of the land hired other people. the planters were being given half of 1/3 of the harvest. Atty Fabul can represent the claimants in this case despite the declared termination. Rivas. 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. The Agrarian Court dismissed the claim of Bicol Federation solely on the ground that the action was not within its jurisdiction. Client may at any time dismiss his attorney. 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. (the relevant issue) Yes. It did not wipe out the previous manifestation of negligence on his part. To prevent failure or miscarriage of justice and pursuant to the provisions of the Rules of Court. Mendiola. but his explanation came at the end of the month.LEGAL ETHICS 2nd Sem 2005-2006 HELD: YES. 143 PEOPLE v CASIMIRO Facts: • • • • • • Issue: W/N Sanglay is liable for the late filing of the appellant’s brief. insofar as Gaerlan was concerned. It was mentioned to him that another lawyer whose services presumably were hired by the parents of appellants Icalla and Cinco. 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. 1972 to explain. Manuel Sanglay was filed an administrative complaint for his failure to file a brief within the reglementary period for his clients Benjamin Icalla.
Moreover. Sorioso was appointed as Assistant Provincial Fiscal of Iloilo on Feb. SC says NO. 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. did not make ATTY UNSON his personal counsel. 146 AQUINO v BLANCO Facts: Issue: Held: Petitioners Santiago Aquiño and Dionisia Aguirre filed a complaint against Dominga Salveron in the CFI. 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. He continued on record in the appellate court and did not file any withdrawal as counsel. Anastacio. such service was deemed completed and effected and binding upon the client. 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 judgment in the earlier mentioned case was served on Atty. 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. Basilio Sorioso. the fact that ATTY UNSON’S services were engaged by ATTY DOMINGO in his official capacity as administrator. Case was remanded to the Agrarian Court. Sorioso. Hence. Despite the appointment. Morada. 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. 1947 when a writ of execution was served on him. Sorioso constitutes service upon his client. Sarenas 2C .LEGAL ETHICS each individual claimant should otherwise manifest before the 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. Beron. This was granted by Judge Blanco. W/n the service of judgment made on Atty. Gana Lopez. this was true only as far as the intestate court was concerned. 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. petition is dismissed and ATTY REGINO is ordered to pay treble costs. Salveron. ATTY UNSON filed in the appellate court his memorandum for the estate. 1947. Rivas. EVEN IF ESTATE CLAIMS THAT ATTY UNSON WAS NOT THEIR LAWYER AT THE TIME COPY OF THE JUDGMENT WAS SENT. Calinisan. In addition to that. 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. Salveron then filed a petition to vacate said writ of execution. 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. 26. no appearance of new counsel for the estate was ever filed. in this case the Estate of Domingo. 145 DOMINGO SR. Even after the removal of ATTY DOMINGO as administrator of the estate. Fernandez.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. 11. Salveron was only informed of the judgment on Mar. Salveron was represented in that case by Atty. which the petitioners won. ATTY DOMINGO. Mendiola. 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. Atty.
LEGAL ETHICS - 2nd Sem 2005-2006 When Attorney Sorioso was appointed to the position of assistant provincial fiscal and therein qualified. Cruz of Balcoff et. seeking the court’s approval of the compromise agreement. Thereafter. was not a notice upon said respondent. misunderstanding. They concluded that Ampil was therefore bound by the compromise agreement. -Eventually. and excusable neglect. because the firm of Chuidian only entered appearance after the date of the hearing mentioned above. no representative from the Chuidian Law Office came. asking that Angela be placed under guardianship and that a suitable person be appointed to administer her properties. when she acquired knowledge of said decision upon the service on her of the writ of execution on March 26. inasmuch as Balcoff et. besides. 2) lawful possession of the client’s funds. Fernandez. Misunderstanding alibi not accepted. Atty. Balcoff thought that Chuidian will be the one to appear instead of him. Antonio and Benigno Perez. In such as case the titles to the property could not be said to be properties of the client. filed a petition to set aside the judgment on the ground of mistake. So that in contemplation of law the notice of the decision upon him on February 11. 148 AMPIL v AGRAVA Facts: -Ampil was the counsel for Angela Perez in several cases. The attorney may enforce his lien only over the properties of his client and not against those of his client’s adversary. 1947. As such counsel of record. (This is the misunderstanding that was mentioned above. Balcoff et. the parties submitted to court. by operation of law he ceased to engage in private law practice. As a result. al. 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. for unenjoyed vacation. Chuidian called Atty. 147 WACKWACK GOLF v CA Facts: Arcangel. Balcoff was not in the office. the herein respondent Dominga Salveron. According to the firm of Chuidian. neither WW nor its counsel. WW was first represented by Balcoff et. At the hearing of the case. Morada. The principal cases handled by Ampil were filed in the CFI by Angela’s husband and son. in the abovementioned case. Issue: W/N whether Ampil has a right to keep his retaining lien over the said titles until his services are paid for. The firm of Chuidian. Ampil took a position adverse to them by seeking to have the compromise agreement annulled. -Ampil asserts that Angela terminated his services as counsel without just cause and without paying him for his profiessional services. Rivas. a former employee of Wack Wack (WW). However. Benigno and Antonio thus filed a case to obtain the titles held by Ampil. This dismissal was affirmed by SC. and as a consequence he became simultaneously disqualified to continue representing his former client. They also argued that the compromise agreement was entered into 8 years before Ampil was discharged as Angela’s counsel. al. Balcoff et. As a result. Gana Lopez. not over the properties belonging to them in the compromise agreement. documents. Calinisan. declared that he had no authority to turn over the records of the case to Chuidian Law Office. It was only when Angela later on confirmed the compromise agreement that it became valid. WW decided to replace Balcoff et. on behalf of WW. The transfer of the properties to Antonio and Benigno could not retroact to the time the compromise was originally executed. The lack of coordination and understanding between the two law firms cannot be considered a legal excuse within the ambit of excusable negligence. Sarenas 2C . filed with the CFI a money claim case for overtime services rendered to WW. and 3) unsatisfied claim for attorney’s fees. Atty. the compromise agreement mentioned above was approved by the Supreme Court. Issue: W/N the judgment in favor of Arcangel should be set aside based on misunderstanding. with the Chuidian Law Office. al. -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.’s fees. Chuidian said that. al. Atty. -Ampil obtained possession of the titles when they still belonged to his client Angela. which dismissed the action for lack of jurisdiction. if at all. and the period for perfecting an appeal on the part of the latter in reality did not then commence to run but only.. Held: The judgment should not be set aside. was still representing the WW. the lower court rendered judgment in favor of Arcangel. Later on. Mr. 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. Balcoff. They claimed that the attorney’s lien must be exercised over the properties belonging to Angela. Mendiola. must have known that it is under obligation to protect WW’s interest until its final release from the professional relationship. al. al. and atty. -Three elements of attorney’s retaining lien were met: 1) lawyer-client relationship. When the representative of Chuidian went to the firm of Balcoff to inform the latter of the replacement. despite notification. the Chuidian Law Office will send a representative on the hearing day. The law firm of Balcoff and Cruz was still WW’s counsel of record. and papers. -A case was later filed by Antonio and Benigno with the domestic court of Manila. Held: YES. 1947. Beron. appeared. Anastacio. moral damages.
Mendiola.. Anastacio. Rustia is objecting saying that he has a lien over the TCT for his professional fees. • CFI of Manila ordered Atty. . so the RD annotated the atty's liens on the TCTs.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. 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. and papers of his client which have lawfully come into his possession. Rustia obeyed the order.Arturo Alfariz and Associates handled the civil cases of Metrobank.. During the pendency of these suits. Fernandez. The lawyers did not have any knowledge of any of the transfers made by Metrobank.ANTECEDAL FACTS (up to you guys kung gusto nyo basahin tong paragraph na toh. Gana Lopez. documents. • Atty. Beron. 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. Canlas appealed the decision W/N Atty. Milagros Schmid. Rustia to hand over the certificate of a land. An attorney shall have a lien upon the funds. not pertinent to our lesson): Celedonio Javier bought 7 parcels of land owned by Eustaqio Alejandro. Sarenas 2C . 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. He wanted to have a lien over all funds and documents that he is currently holding for the administrator. and brought suits against Javier and Metrobank. with damages.330. Calinisan. 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. he sent a bill for P32. Rivas. And then this case was filed. Javier mortgaged with Metrobank the lots to secure a loan of Bautista?Int'l Hotel Corp. Such retention only impedes the corresponding registration and transfer of titles to respondents.) Despite due notice. Atty. ISSUE: • HELD: • • • W/N Atty. Alejandro alleged fraud in the sale. 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. Atty. 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”. Metrobank sold lots to Service Leasing. All the civil cases were for the declaration of nullity of certain deeds of sale. 151 METROPOLITAN BANK v CA FACTS: .Alejandro (plaintiffs) filed a motion to dismiss which was granted with prejudice to the earlier order of annotation. resold to Herby Commercial. Metrobank foreclosed on the properties. Rustia has a valid lien over the documents in his possession YES. • When Rustia was relieved as attorney. and may apply such funds to the satisfaction thereof. CA affiremed order to Metrobank to pay ALfariz and ASsociates attys fees. the administrator of the intestate estate. Rustia was the counsel of respondent. The lawyers filed a motion to fix the atty's fees based on quantum meruit. 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. which mortgaged the same to Banco de Oro. and may retain the same until his lawful fees and disbursements have been paid. . 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. • CFI nonetheless still went on with its previous order. Morada.
5. 3. 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." (eto lang yung sinabi sa case. The charging lien was WITHOUT ANY LEGAL BASIS..the Court held that in the absence of a statute or special agreement providing otherwise. the civil cases were dismissed upon the initiative of the plaintiffs "in view of the full satisfaction of their claims". •Naldoza was claimed to ask for a “Cash Bond’ in UNITED STATES DOLLAR amounting to TWO THOUSAND FIVE Anastacio. waiving his cause or interest in favor of the adverse party or compromising his action.. applicable. filed a disbarment case against Atty.... Calinisan. Mendiola. 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. The dismissal neither provided for any money judgment nor made any monetary award to any litigant.) 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. Beron. HELD: Trial court has no jurisdiction. 153 GATCHALIAN PROMOTIONS v NALDOZA Facts: • • Gatchalian Promotions Talents Pool.. 2. Gatchalian assers that the disbarments should prosper since Naldoza committed the ff acts: o o o Appealing a decision. 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. Both of the parties appealed the decision. Regarding American jurisprudence stating a contrary rule . terminating the services of his counsel. Morada. In line with this. Gana Lopez. allegedly for “cash bond” in the appealed case Issuing a spurious receipt to conceal his illegal act. A charging lien to be enforceable requires as a condition sine qua non a judgment for money and execution in pursuance of such judgment. knowing that the same was already final and executory Deceitfully obtaining two thousand. Rivas. their former counsel. this rule cannot find application here as the termination of the cases was not at the instance of the client. Motion was filed long after they have perfected their appeals. 4. praying that his attorney's lien be annotated on the title of parcels of land of the estate which the heirs had inherited. Promo Naldoza. over his claim for attorney's fees. In the case at bar.LEGAL ETHICS ISSUE: WoN lawyers are entitled to atty's fees HELD: NO 2nd Sem 2005-2006 RATIO: 1. 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. but of the opposing party. While a client cannot defeat an atty's right to his charging lien by dismissing the case.. Fernandez. therefore the trial court had no more jurisdiction. Inc. Sarenas 2C . five hundred and fifty-five US dollars (US$2. 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. HELD: "We have ruled that an attorney's lien does not extend to land which is the subject matter of the litigation. ung mga prior cases.555) from complainant. Trial court granted the counsel's motion for annotation. Naldoza appealed a decision of the POEA.. Ramon Gonzales filed a motion to annotate attorney's lien. ISSUE: W/n an attorney's lien extends to land.
Not only did he misappropriate the money entrusted to him.00) (for payment) to the Supreme Court in order that the said appealed case could be heard or acted upon by the Supreme Court. This is an admission of misconduct. Laput was suspended for 1 year. Moreover. Sarenas 2C . •Gatchalian came to know that there was no such Cash Bond paid to the SC. Gana Lopez. The act of placing the gun on the client’s lap cannot be interpreted other than as an act of threatening such client. It was later on dismissed. Worse. he had the gall to falsify an official receipt of this Court to cover up his misdeeds. the fees were only nominal (P622). •Naldoza seeks that he not be suspended in the practice of law. and in fact.” he indirectly admitted the charge. • • 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. he paid him P10T as his moral obligation) o the amount of $2. 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. Primo Naldoza is DISBARRED.000 and issued a check to complainant as his “moral obligation. Worse. •An estafa case was filed against Naldoza. Clearly. He demanded the money from his client on the pretext that it was needed for the Petition before the Supreme Court. Being a member of the Bar. Atty. Morada. Laput denied the charges… Issue: Should Laput be disciplined? Held: Naku po naman! Of course. he does not deserve to continue being a member of the bar. An attorney’s client is a person who is supposed to be defended and protected by such counsel. not just suspended. there has been no evidence that respondent knew that the case was unappealable. Neither has there been any showing that the appeal was dismissed on the ground that the POEA Decision had become final and executory. Normally. Barrerra refused to signed and asked Laput to just leave the document in order that she may ask someone to interpret it for her. 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. Beron. $2. Indeed. and after accounting. but he actually converted it to his personal gain.555.555 was not a part of his attorney’s lien. On the first issue: o Complainant has failed to present proof regarding the status of the appeal. Calinisan. Clearly. Laput’s acts were improper and censurable (especially considering that de Barrerra was 72 years old). Rivas. this is not the actuation of one who is falsely accused of appropriating the money of another. Laput should have set the example as a man of peace and a champion of the Rule of Law. (RC Note: Naldoza claims that Gatchalian owes him P180T in attorneys’ fees. this charge has no leg to stand on. the receipt that Naldoza presented to Gatchalian which allegedly emanated from the SC was spurious.LEGAL ETHICS 2nd Sem 2005-2006 HUNDRED FIFTY FIVE (U. On the next two issues: o When Naldoza paid P10. Fernandez. but he was held liable for the amount of $2. Mendiola. 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. One time.S. Issue: • Held: • • • W/N Atty Naldoza should be punished for his acts? Yes. But Laput became angry and even placed a revolver on the lap of de Barrera (who actually was 72 years old). Laput presented a “Notice for Rendition of Final Accounting and Partition of Estate” to de Barrera. This compelled the old lady to sign the document.555. 155 BARRIENTOS v DAAROL FACTS Victoria BARRIENTOS is single.
Chua apparently uses dilatory tactics and has been reprimanded before. was DAVID’S partner during the Chamber Commerce affair. This was their set up until BARRIENTOS got pregnant. Enrique Chua on the following grounds: o Chua notarized a deed of sale which contains the forged signature of Chua Beng (CB). he never introduced his son and went around with his friends as though he was never married. Rivas. SC says YES. Moreover. The fact of his previous marriage was disclosed by DAVID only after BARRIENTOS became pregnant. Chua altered the petition to apply for a notice of lis pendens over the property of Flores. o Chua had already and has the propensity to bribe judges to gain a favorable judgment. DAVID suggested abortion but BARRIENTOS disagreed. The practice of law is a privilege accorded only to those who measure up to the exacting standards of mental and moral fitness. it was BARRIENTOS’ family who took care of her. they parked the jeep at the beach and after the usual preliminaries (what a term). 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”. Hence. a lawyer and the General Manager of Zamboanga del Norte Electric Cooperative who was about 40 years old and married to SUMAYLO. Flores points out that Chua notarized the deed even if CB did not appear personally. Interestingly enough.disbarment. Flores further alleges that there is a pattern of conduct on the part of Chua that tends towards the frustration of justice.LEGAL ETHICS 2nd Sem 2005-2006 Transfiguracion DAVID. 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. he even suggested abortion. 156 FLORES v CHUA Facts: Ban Hua Flores seeks the disbarment of Atty. it is indubitable that BARRIENTOS was never informed by DAVID of his real status as a married individual. Calinisan. After the event and before going home. this publication is false because the order had not yet become final. Chua was always in the forefront claiming to e the lawyer of the winning parties. it was still pending appeal. In these publications. BARRIENTOS then filed an administrative case against DAVID with the National Electrification Administration which was however dismissed. BARRIENTOS. they consummated the sexual act. ISSUE HELD RATIO From the records.A CONTINUING REQUIREMENT TO BE ABLE TO PRACTICE LAW Issue: Held: - - Anastacio. DAVID courted BARRIENTOS and after a week of courtship. Mendiola. Chua submitted evidence to show that a complaint for libel filed by Flores against him was dismissed by the prosecutor’s office. However. 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. The wife of CB says that CB could not have signed the deed because she was with CB the whole time before his death. his plan failed because the register of deeds denied his application. SC finds Chua guilty of notarizing the deed of sale which contains a forged signature. But. with her parent’s permission. o Chua is also charged with forum shopping. DAVID lived alone in Dipolog City though his son also studies in the same area. Gana Lopez. At this time. Apparently. 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. 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. 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. 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. Sarenas 2C . DAVID was separated from his wife for 16 years. Morada. In his defense. Fernandez. Worse. the Court is constrained to impose upon him the most severe disciplinary action --. o Chua falsified a petition filed with the SEC in order to molest and harass Flores. DAVID having exhibited debased morality. W/n Chua is guilty of these acts and should be disbarred. the present petition. Moreover. Beron. LACK GOOD MORAL CHARACTER --. BARRIENTOS accepted DAVID’S love. During her pregnancy until she gave birth. Chua is disbarred On the first ground. These circumstances belie DAVID’S claim that the BARRIENTOS family knew about his marital status at the very start of the courtship.
The total amount given by the heirs to Atty. His notarial commission is revoked and he is disqualified from reappointment as notary public for 2 years. he shouldn’t have filed the civil case involving the same issues. The heirs made another payment via a check worth P24. His act of filing the civil case amounted to forum shopping. The heirs were recommended to Atty. Morada. -Mangibin prepared the discharge of real estate mortgage without asking Castillejos for anything to serve as identification except for a Community Tax Certificate (CTC). the heirs went to the house of Atty. Atty. Barcelona reached P64. Fernandez. Barcelona. He even threatened to file a counter suit against her if she files a case against him. Atty. The heirs of Hilapo tried to look for a lawyer to secure the release of Atty. and asked the latter to prepare a discharge of the mortgage and to notarize it afterwards. Barcelona should be disbarred. administrative agencies. Daen. Courts. -Mangibin violated the Notarial Law and Canon 1. 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. -Tabas filed this complaint for disbarment. Disbarment proceedings are sui generis. Daen the next day. Barcelona then proceeded to tell the heirs if they could produce P50K he could secure the release of Atty. Barcelona demeaned the legal profession by taking money from a client under the pretext of having connections with a member of this court. When the spouses visited Atty. Barcelona.700. 157 BERBANO v BARCELONA Facts: The heirs of Hilapo appointed Atty.000. Barcelona misrepresented to the complainant that he could get the release of Atty. Daen as their atty. who was a notary public.000. Calinisan. Such document is by law entitled to full faith and credit upon its face. Atty. Daen had decided to engage the services of Atty. The Court reiterated that a lawyer shall at all times uphold the integrity and dignity of the legal profession. Mangibin was negligent in performing such duty. 159 IN RE ALMACEN Anastacio. Daen. demonstrated a penchant for misrepresenting that he had connections to secure the release of Atty. to the bar. and the public must be able to rely upon an acknowledgement by a notary public appended to a document. Atty. Daen with his connection with a Supreme Court Justice. This enabled Galvan to mortgage the property again. The other grounds were dismissed for lack of merit. 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. A lawyer brings honor to the legal profession by faithfully performing his duties to society. On another occasion.000.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. -Mangibin should have requested other forms of identification or asked questions to ascertain her identity.-in-fact. Barcelona and gave P10. The SC also found sufficient evidence to support the third ground. Daen. Mendiola. Daen was subsequently arrested by the Muntinlupa police. The deed of mortgage was registered in the Register of Deeds of La Union. and that he had no available means of ascertaining their real identities. Sarenas 2C . 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. -Subsequently. 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. In this case. Gana Lopez. Because the heirs could not produce the total amount. Thus. making it admissible in court without further proof of its authenticity. -Notarization is invested with public interest. There were several meetings between the heirs and Atty. Held: YES. Instead of promoting respect for law and the legal processes. they merely gave P15. Barcelona regarding the “grease money” to be used to allegedly bribe an SC justice. to the courts and to his clients. Issue: W/N Atty. they learned that Atty. Beron. Rivas. to be guilty of malpractice and breach of duty and recommended that he be disbarred. -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. a certain Lilia Castillejos represented herself as Tabas and appeared before Mangibin. Barcelona should be disbarred. -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. Held: Atty. Commissioner Bautista found Atty. It converts a private document into a public one.
both as an officer of the court and as citizen. he could still be liable for contempt as if it had been perpetrated during the pendency of the said appeal. Lola then filed an estafa case against lawyer. as well as its individual members. Lawyer made lola believe that if she would do so. THe pendency or non-pendency of a case in court is of no consequence. (1) defrauding lola and (2) filing frivolous cases against her. Jan. He reasoned that since the court is the complainant. critical of the courts and their juducial actions. Lola refused the offer. who was then 85 years old. 160 RAYOS-OMBAC v RAYOS Facts: • • • • • • • • • • • Mrs. to withdraw all her bank deposits and entrust it to him for safekeeping. Sarenas 2C . 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. Mendiola. Almacen that his utterances were made after the judgments against his client attained finality. Lola then withdrew all her money (P588K) and deposited it in the account of lawyer in Union Bank." 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. her nephew.LEGAL ETHICS 2nd Sem 2005-2006 FACTS: Atty Almecen is the counsel of Calero in the case of Yaptinchay vs. However. The respondent is Atty. Fernandez. Rivas. 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. They signed a MOA regarding this transaction. who ignore without reason thier own applicable decisions and commit culpable violations of the Constitution with impunity. A wide chasm exist between fair criticism. Estafa . there is no comfort in the argument of Atty. and abuse and slander of courts and justices thereof. Lawyer offered as settlement 2 second-hand cars and cash amounting to P40K. if couched in insulting language as to bring scorn and disrepute to the administration of justice may subject the attorney to disciplinary action. Calinisan. Upon demands that the amount be returned. lawyer informed lola that he can only return P400K on installment. it isn such misconduct that subjects a lawyer to disciplinary action In his relations with the court. Irene Rayos-Ombac (lola) is the petitioner in this case. on the one hand. criticize and censure them as they see fit. whether amounting to a crime or not. IBP recommended that lawyer be suspended for 2 years. Intemperate and unfair criticism is a gross violation of the duty of respect to courts. a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another. Lawyer then filed this motion to lift the suspension stating that lola has already withdrawn her complaint for Anastacio. The decisions of the courta public property and the press and the people have the undoubted right to comment on them. he preferred that he answer and be heard in an open and public hearing sa that the court could observe its sincerity and candor. 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. Pumayag na lang si lola kasi kelangan niya talaga ng pera.because lola allegedly reneged on her promise to sell a certain parcel of land. the sole objective of the proceeding is to preserve the purity of the legal profession. 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. Another accusing lola of making false statements in the testate proceedings of her deceased husband. Statements made by an attorney in a private conversation or in the course of political campaign. Calero The trial court. Lawyer also filed cases against Lola. the check given by lawyer to lola was dishonored due to insufficient funds. on the other. which transcends the permissible bounds of fair commetns and legitimate criticism constitute grave professional misconduct. Gana Lopez. Morada. 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. Lola then filed a case for disbarment on 2 grounds. grossly disrespectful and deregoratory remarks agaist the court." 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. prosecutor and judge. but also deaf and dumb. to criticize in properly respectful terms and through legitimate channels the acts of courts and judges. 1985: lawyer induced lola. Atty Almacen described the court as "a tribunal peopled by men who are calloused to our pleas of justice. contemptuous. Beron. post-litigation utterances or publication made by lawyers. Orlando Rayos (lawyer). all the money will be excluded from the estate of her deceased husband and therefore exclude the other heirs from inheriting.
2. And with this. Laureta’s Motion for Reconsideration finding him guilty of grave professional misconduct and suspending him indefinitely. Sarenas 2C . He also said that he has not authorized or assisted and or abetted and could not have prevented the contemptuous statements. then the wife could have easily not accepted. and that the info of the reporter was obtained from outside the screen and from comments in social circles. Morada.LEGAL ETHICS disbarment Issue: • Held: • • • • • W/N lawyer should be suspended for 2 years 2nd Sem 2005-2006 Yes. The power to punish for contempt is inherent in the SC. Severino Lozano. Calinisan. In my understanding. o The copy of the Tanodbayan resolution indicated that he is the “counsel for the complainant” …. conduct. There was an SC resolution which makes such proceedings condiential in nature -The investigation was conducted secretly. This power extends to administrative proceedings. 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. Fernandez. there is a discussion on Eva Maravilla-Illustre’s Motion for Reconsideration holding her in contempt. In fact the SC raised the penalty to disbarment. Beron.” Laureta is in hot water for he had allegedly circulated/distributed copies to the press copies of the complaint filed before the Tanodbayan. the editor of El Pueblo. report and recommendation. Lawyer violated the CPR as well as his oath when he deceived his 85 year old aunt. as well as to suits at law. 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. Also. (pinabayaan na lang sana niya yung suspension. baka di pa siya disbarred) The withdrawal of lola of her complaint has no effect on the disbarment proceedings. Notwithstanding. 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. Anastacio. If Laureta was really not the counsel. acts and malicious charges of Eva Ilustre who was (allegedly) no longer his client…. Lawyer’s wicked deed was aggravated by the series of unfounded suits he filed against lola. Illustre lost a case with the SC First Division. he has manifested lack of respect for and exposed to public ridicule the two highest courts of the land. Firstly. And he didn’t complain!! o Laureta’s wife received from the process server the documents/resolutions of the court. And because of this. indicating that the hearing was held behind closed doors. she filed a case with the Tanodbayan. They are each required to pay the nominal sum of P20 RATIO: 1. Mendiola.There was a complaint against a Judge of First Instance which was referred to the Atty General for investigation. Laureta is really the counsel of Ilustre. Gana Lopez. Yes. “in exasperation against those whom she felt had commited injustice against her in an underhanded manner. 161 IN RE LOZANO FACTS . Laureta is the counsel of Illlustre. Lawyer’s deceitful conduct makes him unworthy of membership in the legal profession. printed an article written by Anastacio Quevedo.
Rivas. Issue: Should Lontok be stricken from the Roll of Attorneys? Held: No. Beron. the Attorney-General prays for the removal of Lontok from the roll of attorneys despite such pardon. An absolute pardon. or interests that have been forfeited. Morada. on a statute making the fact of a conviction for a felony ground for disbarment. but it also releases the punishment and blots out the existence of guilt. 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. 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. Here.LEGAL ETHICS o 2nd Sem 2005-2006 • • Atty. Orders & Other Proceedings (nax civpro ) alleging that at the initial hearing. she appeared without counsel so she approached ATTY DE GUZMAN. 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. Gana Lopez. it prevents any of the penalties and disabilities. unlike a conditional one. 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. it removes the penalties and disabilities. Moreover. so that he may not be looked upon as never to have committed the offense. He argues that Lontok should still be disqualified from the practice of law as he was convicted of a crime involving moral turpitude. Mendiola. lawyer of FLORO. the Governor-General granted him absolute pardon. It does not. He has deliberately sought to destroy the authenticity. 165 IN RE DE GUZMAN FACTS A complaint for ejectment was filed by FLORO against LAPATHA. of bigamy. 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. however. Fernandez. 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. the Trial Judge asked LAPATHA if she admitted the indebtedness alleged in the complaint filed by FLORO to which LAPATHA answered in the affirmative. is presumed to have regularly performed his official duty. property. the pardon operates to wipe out the conviction and the attorney cannot be disbarred. restore offices. 164 IN RE LONTOK Facts: • • • Marcelino Lontok is a member of the Bar who was convicted. if granted after conviction. LAPATHA filed a Petition for Relief from Judgment. If the proceedings to disbar an attorney are founded on. NOT ENOUGH EVIDENCE HENCE PRESUMPTION OF REGULARITY RULE APPLIES Anastacio. But if the disbarment proceedings are founded on the professional misconduct in a transaction which resulted in a conviction for a felony. It was then that the word “Confess Judgment” was written on the expediente which was afterwards signed by both ATTY DE GUZMAN and LAPATHA. 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. 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. The only objective of LAPATHA in filing a Petition for Relief was to gain more time to stay in the leased premises. integrity and conclusiveness of collegiate acts to undermine the role of the SC as the final arbiter of all justiciable disputes. Judgment was rendered ordering LAPATHA to vacate the premises and surrender possession to FLORO. If granted before conviction. and depend alone. Subsequently. Sarenas 2C . ISSUE HELD RATIO The Clerk of the City Court testified that when the ejectment case was called for hearing. and restores the person to all his civil rights. However. the motion for disbarment is based solely on the conviction for a crime for which Lontok has been pardoned. reaches not only the offense and the guilt for which a person was convicted of. she discovered ATTY DE GUZMAN wrote the words “Confess Judgment” below her signature without her consent. Calinisan. W/N ATTY DE GUZMAN SHOULD BE PUNISHED FOR HIS “ACTS” NO. She then gave ATTY DE GUZMAN a check for P350 as partial payment of her arrears in the rentals. by final judgment. His apologetic stance for the “adverse publicity” rings with insincerity.
Hence. at the Municipal Employees’ Night Party. who were asking Dr. evidence is wanting to sustain a finding that ATTY DE GUZMAN committed any deceit or misconduct. 166 LACHICA v FLORDELIZA Facts: One day. Judge Flordeliza then said to Dr. according to the lower court." 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. and unbearable.LEGAL ETHICS 2nd Sem 2005-2006 The Court agrees with the Solicitor General that in the instant case. Dr. asked Dr. Lachica. 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. On gross incompetence: According to the canons. 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. 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). It is imperative that that he be conversant with basic legal principles. if not hysterical. Sarenas 2C . Allowing himself to get intoxicated is not the conduct expected of a judge. Morada. 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. 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. despotic. was ordering her to sign the death certificate. Rivas. Later in the evening. the administrative complaint is dismissed and ATTY DE GUZMAN exonerated of the charge. this is when Judge Flordeliza threatened to bring an administrative complaint against Dr. The judge Anastacio. Lachica met the two again and the two told her that Judge Rolando Flordeliza. Lachica presented the testimony of certain witnesses confirming that Judge Flordeliza was indeed drinking that night. Calinisan. LAPATHA failed to provide such convincing proof. Issue: W/N judge is guilty of gross incompetence and gross ignorance of the law. To be a good manager. Amparo Lachica. Lachica to sit beside him. In the case at bar. The Court believed that Judge Flordeliza did threaten Dr. Lachica then tried to explain but to no avail. as attested to by a witness. Beron. Judge Flordeliza is fined 10. Also. A judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules. Her acts. SC says YES. Lachica in order to coerce the latter to sign the death certificate. Santos should be the one to sign. “Bakit hindi mo pinirmahan and death certificate?” Dr. Lachica again refused. Lachica refused to sign saying that the attending physician in Gen. the Municipal Health Officer of Jose Abad Santos. 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). such proof must be convincing. dictatorial. Judge Flordeliza. his inebriated demeanor and incoherent behavior during the festivities. Several persons testified regarding her attitude towards her workers (refer to P. Fernandez. Dr. who was drunk. 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. 9). Lachica. is reprehensible in a judge. in an angry manner.000 The SC was convinced that the charge of misconduct against the respondent judge was established by substantial evidence." 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. was approached by Dina Masaglang and Norma Ruton. 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. Held: The judge is guilty of gross incompetence and gross ignorance of the law. As held in Go v Candoy. Dr. Lachica to sign a death certificate. Dr. She also made errors in the implementation of the Indeterminate Sentence Law. Gana Lopez. Later in the day. Dr. Mendiola. MTC judge. were not mere admonitions to correct the employeeâ€™s wrongdoings. one must be a good leader. The lower court adjudged her to lack the temperament required of a judge. W/n Judge Flordeliza should be penalized.
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. Judge Tarriela was absent or unavailable and could not have acted on said request. Morada. a relative of herein complainants. Judge Aguilar signed and issued the order approving the property bond. Mendiola. including the Property Bail Bond. qualities.000 without leave of court.) 168 CUARESMA v AGUILAR Facts: -The Olarte. Rumors started to circulate that Muro was partial towards the accused Also. -Mrs.14(a) Rule 114 states that : “Bail in the amount fixed maybe filed with the court where the case is pending. Held: YES -Sec. Beron. Go Teng Kok and a close friend friend of Demetria went to the office of Formaran in the DOJ. 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. 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. (Please refer to the lengthy testimonies to have an idea of her tyrannical behavior. The Information carried no recommendation for bail. -On the same day. 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. She is tyrannical. His indifference prevented him from discovering that at the time he ordered the release of Banite. -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. Zubiri. -The case was docketed in Branch 44 of the RTC. -The judge is ordered to pay a fine of P2. the information had not been properly amended. yu Yuk lai was arrested inside the VIP room of the Casino Filipino at the Holiday Inn Pavilion while playing bacarrat unescorted. -He did not even examine the records of the case as he merely signed the Orders allegedly prepared by Olarte. Judge Tarriela ordered the Olarte to explain his action considering Banite had already been arraigned. Rivas. -The record does not show that at the time Aguilar ordered Banite’s release. together with her nephew before the RTC Manila with violation of RA 6425 Accused of a non-bailable offense.000. 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. Calinisan. the Order approving the bond and directing the release of Banite were already prepared for the signature of respondent judge. and skill of a good manager of court employees. temperament. -Olarte amended the Information to homicide and recommended bail of P20. Laguio inhibited himelf Case was re-raffled to Branch 53 which was handled by Judge Muro.000 and is admonished to exercise greater care and prudence in the performance of his official duties. Demetria. aptitude. or in the absence or unavailability of the judge thereof. Formaran filed an urgent ex-parte motion to transfer the detention of the accused to the city jail. presided over by Judge Tarriela. 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. 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.LEGAL ETHICS 2nd Sem 2005-2006 does not possess the virtues. Fernandez. 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. -All pertinent papers. Denied! Upon receiving information that the accused had been playing regularly in the casinos of Heritage Hotel and Holiday Inn Pavilion. 169 IN RE: DEROGATORY NEWS ITEMS FACTS: State prosecutor Formaran charged Yu Yuk Lai. Banite was arraigned and he pleaded not guilty. Sarenas 2C . the Provincial Prosecutor of Mindoro charged Banite with the murder of Acosta. Muro granted accused motion to order the confinement of the accused in a hospital for a period not exceeding 7 days. Banite was released upon such order. But even Anastacio. Zubiri was sent by Olarted to request for the release of the accused Banite on bail of P20.
Rivas. Judge Kayanan first took cognizance of said Civil Case 4871. Due process requires that a case be heard by a tribunal that is impartial and disinterested. 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. Defendant Luque (petitioner) was absent therein. Petitioner then moved to disqualify Judge Kayanan. In this case. The conclusion that can be inferred is that the trial was fair and impartial. Gana Lopez. Morada. Zuno politely replied that he would see what he can do. whom Demetria claims he did not know and met only that time. Enriquezes against Ona. Ilao etc. Even the requested “help” for Go Teng Kok. Castillo. A judge has the duty not only to render a just and impartial decision. Duclan and Bayongan were alleged to be accessories after the fact. Martinez surrendered to the police. Gironella is the Judge of CFI of Abra that tried the case. Petitioner lodged a motion to dismiss the case upon the ground of estoppel. he told them that he would bring the matter to his superior Zuno.” and left the office. When Demetrio heard this. W/N the judge should inhibit himself from proceeding in the case Yes. 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. During the rebuttal stage. 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.. Civil case 4871 was set for trial before Branch I of the CFI of Quezon presided over by Judge Valero. Thereafter. Petitioner no longer took any action until the rebuttal stage. But in this meeting. After the motion for inhibition was denied. he said:”iyon pala. petitioner no longer filed a motion for reconsideration. Sarenas 2C . Bayongan was acquitted. He pleaded not guilty to the charge. 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.LEGAL ETHICS 2nd Sem 2005-2006 ISSUE: HELD: - prior to that meeting. Go Teng Kok was already asking Formaran to go easy on Muro and that Formaran has been politely declining the request. On the date set for hearing. Motion was denied. and the Baldeos. He claimed that the judge doctored the records of the case in that he suppressed the Anastacio. That the judge is no longer fair and impartial. Luque (petitioner herein). 171 COJUANGCO v PCGG 172 LUQUE v KAYANAN FACTS: Civil Case 4871 was commenced in the CFI of Quezon by Ilao. 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. Mendiola. 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. Luque alleged that he was at Branch I. Beron. Hearings were rescheduled many times. Calinisan. this petition for prohibition was filed. there was no proof shown that the judge was unfair and impartial. W/N there should be a new trial for Martinez No. Africao. The motion was dismissed. 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. Bayongan was the only one arraigned so trial proceeded only against him. 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. Fernandez.
” and strongly banged the gavel… There was also an irregularity in the venue of the case as stated above. where Delgra was the prosecutor and Gonzales was the presiding judge. The learning process in law is never ending and ceaseless process. Mendiola.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. Fernandez. Delgra objected to the translation (argued that it should be “I called Angel” instead of “I called their names”). Gonzales was judge of the CFI of Davao. confusion arose as to the proper interpretation of the witness’ statement (since it was in the Cebuano dialect). At a hearing. and thus recalls his hold departure order. which limits the authority to issue hold departure orders to the RTC in criminal cases within their exclusive jurisdiction. 39-97 of the SC. an incident occurred which triggered this controversy. 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. When the Judge learned of this. Morada. should be disciplined… HELD: YES. 173 HOLD DEPARTURE ORDER Facts: • • • • Issue: • Held: • • The Court Administrator recommended. respondent judge is ordered to refrain from taking cognizance of the case. Rivas. Calinisan. During the trial of a criminal case (entitled People v Suarez). ISSUE: W/n Judge Kayanan should be disqualified… W/n Luque a lawyer. judge asked Luque to withdraw his pleading moving for the judge’s disqualification. Delgra insisted. The act of the judge ordering the restraint of Luque. sit down. Delgra was not brough to jail. who wasn not given the chance to speak fully: “that is enough. The Secretary of Justice calls attention to the fact that the order in question is contrary to Circular No. interrupting him and continuing to say things against him in a derisive tone and in a humiliating and abusive manner. he declared Delgra in direct contempt and called on the police for the Fiscal’s arrest. It was against Eileen Lope for alleged violations of BP 22. 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. that after the judge became tired of talking. Petitioner was restrained for 2 hrs. It so happened that while a witness was being cross-examined by the defense counsel. W/N Judge Nartatez should be penalized? Judge Nartatez issued a Hold Departure Order. Judge then verbally ordered a guard to commit petitioner to jail. Anastacio. that Judge Kayanan would not give Luque leeway to speak in court. Petitioner’s explanations were filed and later on declared by the judge unsatisfactory to warrant his disqualification from trying the case. Beron. 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. Judge Gonzales ordered that Fiscal Delgra be brought out of the court and into jail. 174 DELGRA v GONZALES Facts: • • • • • Martin Delgra was the assistant provincial fiscal of Davao. Sarenas 2C . Judge Nartatez admits his mistake. Petitioner was then ordered by Judge Kayanan to explain why he should not be cited for contempt. Luque refused. Taken all together. but the Judge overruled him immediately. SC finds this well taken. the judge told petitioner. Gana Lopez. Issue: Was the action of Judge Gonzales proper? Held: No. The Code of Judicial Conduct enjoins judges to be faithful to the law and maintain professional competence. They can live up to this expectation only by diligent effort to keep themselves abreast of the legal and jurisprudential developments. that at one instance judge irately told him “I will have you disbarred!”.
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. They should avoid interrupting advocates in their arguments and shy away from a controversial tone in addressing them. the nipa land could not be sold without the intervention of the guardian Hence. Sarenas 2C . courteous to counsel. P200 is the amount admitted by the guardian TIMOTEA as due ATTY MANUEL W/N ATTY MANUEL’S CONDUCT WAS ANOMALOUS NO. as her counsel. In conversations between judges and counsel. Gana Lopez. 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. instituted Special Proceedings for her appointment as guardian over her minor brothers Upon her appointment. he was no longer the attorney of the guardian as at that time. 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. right class?! The order adjudging Delgra in direct contempt was nullified.. Fernandez. Delgra did not so misbehave as to obstruct or interrupt court proceedings. 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. the nipa land sold by the guardian had already been previously sold with right to repurchase to RICARDO Perreyras and UMANGAY by FLORENTINO Perreyras. the judge should be studious to avoid controversies. restraint is a desirable trait in those who dispense justice. ATTY MANUEL was justified in instituting the guardianship proceedings in order to sell the nipa land. Morada.LEGAL ETHICS 2nd Sem 2005-2006 From the transcript of records. Mendiola. 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. WOULD DEPRIVE HIM OF HIS LAWFUL FEES While the reprimand is in order for ATTY MANUEL’S mistake. 175 FERNANDEZ v BELLO FACTS • • • • • • • • TIMOTEA Perreyras through ATTY MANUEL Fernandez. 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. Remember. Rivas. 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. Beron. Judges should be temperate and patient. Calinisan.. TIMOTEA secured the services of ATTY BRAULIO Fernandez and that he was only paid P50 for his services to the guardian However. 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. Judge Gonzales abused his discretion in declaring the fiscal in contempt of court.
htm . in keeping with the judge’s duty to disposing of the court’s business promptly. upon the complaint of Choa. the marriage is presumed valid. the rudimentary rule is that the mere suspicion that a judge is partial is not enough. Te also filed a motion to suspend proceedings in the PRC. As discussed earlier. Thereafter. Thus. While bias and prejudice have been recognized as valid reasons for the voluntary inhibition of a judge. Sarenas 2C . 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. the judge should have inhibited himself. Choa then found out that Te married another woman (Santillo). For the judge's failure to inhibit. 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. Judge Roman issued a warrant of arrest against Mantaring and his son.http://www. a criminal case was filed against Te for bigamy. Te filed a case for annulment in the RTC. Both were denied. the Judge should have inhibited himself for there was a pending administrative case which involved him and Mantaring. Beron. 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. SC says that the motion to inhibit should not be granted. - 177 MANTARING v ROMAN Facts: Mantaring filed an administrative complaint against Judge Roman charging the latter of conduct unbecoming of members of the judiciary. Mendiola. Issue: W/N the judge should have inhibited himself from taking cognizance of the application for the warrant of arrest. 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. Held: Yes. Gana Lopez. Te also filed a petition for certiorari with the CA. According to Mantaring. Thus. 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._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. it is JUDGE BELLO himself who has made insulting remarks in his orders which provoked ATTY MANUEL If a judge desires not be insulted. 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. Without such declaration. There should be clear and convincing evidence to prove the charge of bias and partiality.supremecourt. the factual milieu of these cases is different from the Anastacio. Rivas. They did not live together but occasionally met until Choa gave birth to a girl. 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. However. Mantaring now comes before this court alleging that it was improper for the Judge to take cognizance of the application of the arrest warrant. Te filed a petition for certiorari with the CA.gov. The test for determining the propriety of the denial of said motion is whether petitioner was deprived a fair and impartial trial. Fernandez. (More Important) W/n the motion to inhibit Judge Peralejo (on the ground of bias and prejudice) in the criminal case should be granted. CA consolidated the two petitions and denied both. hence. which was when Te stopped seeing her. Te filed a demurrer and motion to inhibit (directed at the Judge) in the criminal case. 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. 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. he is reprimanded and warned that commission of the same act shall be severely dealt with in the future.ph/jurisprudence/2000/nov2000/126746. which was also denied. Calinisan. Morada.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. SC says that there was no prejudicial question. The grounds raised by petitioner against Judge Peralejo did not conclusively show that the latter was biased and had prejudged the case. 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. Mantaring and his son were arrested for they were in constructive possession of the illegal firearms. W/n the civil case constituted a prejudicial question to the criminal case and administrative case. On the other hand.
Singson. 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. -Such act falls under the classification of a serious charge. -The motion was denied by Judge Santos. -Since Santos had already retired. neither defendants nor their counsel appeared at the hearing on June 10. -At the said hearing. Fernandez. the administrative complaint was filed during the pendency of the criminal case. 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. 178 HECK v SANTOS Facts: -In a previous case entitled “Flor v. Beron. *A judge should avoid impropriety and the appearance of impropriety in all activities. Issue: W/N Judge Santos’ act of ordering the counsel for one of the parties to draft a decision warrants disciplinary sanction. Held:YES. -Counsel for therein defendants. 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. Liwanag summoned Avancena to his chamber and told her that she will be convicted unless she pay P1M. Bulacan with violation of the Anti-Graft and Corrupt Practices Act. including Heck. or 3) fine P20. Decision making is the most important duty of a judge. the judge abdicated a function exclusively granted to him by the Constitution. Calinisan. his dismissal or suspension is no longer feasible. Mendiola. Atty. the admiinistrative complaint was filed before the involvement of the judge in the criminal case against Mantaring. The case was referred to Executive Judge Herrera of the RTC Malolos.000 – 40. Jardin. to draft the decision. -In October. Santos rendered a decision which was copied verbatim from the draft decision submitted by Atty. He is thus ordered to pay a fine of P20. -As the defendants never received a copy of the order granting Jardin’s motion to withdraw. report and recommendation Judge Herrera gave more weight to the testimonies of Avancena and concluded that the charges against Liwanag are true. 179 AVANCEÑA v JUDGE LIWANAG FACTS: Avancena charged judge Liwanag of the MTC of San Jose del Monte. who reset the hearing date from April 1 to June 10. 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. and Section 1 Rule 36 (“A judgment or final order determining the merits of the case shall be in writing.10 are 1) disbarment 2) suspension for 3 mos. The sanctions provided by Rule 140 Sec. defendants therein. He must use his own perceptiveness in analyzing the evidence before him and his own discretion in determining the proper action. Morada. -Lack of malice or bad faith in issuing the questioned order is not an excuse. Avancena refused to pay since her unpaid balance was only P140. Sarenas 2C . -By such order. Bulacan for investigation.000 to be deducted from his retirement benefits. a court interpreter. personally and directly prepared by the judge…”) of the Revised Rules of Court. however. In the case at hand. But he did not recommend a specific penalty to be meted out to respondent ISSUE: W/N Liwanag is guilty Anastacio. In those cases. 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. Gana Lopez. Heck” which was lodged at the Regional Trial Court.000 and there is no reason for her to pay P1M Liwanag summoned Avancena again and told her to raise only P500. 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. Atty. **A judge should perform official duties honestly. -The judge then authorized the counsel for the plaintiffs.000. -Santos violated Canons 2* and 3** of the Code of Judicial Conduct. 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 defendants did not receive a copy of such order.LEGAL ETHICS 2nd Sem 2005-2006 case at hand.000 if she could not afford the P1M Also. and with impartiality and diligence adjudicative responsibilities.Singson. Rivas.
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
She says that Calanog is not anymore giving support. the National Bureau of Investigation Intelligence Service. SC says YES and Calanog is dismissed from the roll of judges. Gana Lopez. 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. She was saying that everything in the complaint were all lies. fined and even dismissed from service • With an unflattering service record. Castillo is now complaining that Calanog has reneged on his promise. who at that time was clerk of court and ex officio notary public but now an RTC judge. upon the instruction of the Court.LEGAL ETHICS • • • • • • • 2nd Sem 2005-2006 • • ISSUE HELD RATIO • • • Judge HURTADO .000 MABGUNUA filed a case of falsification against PAGUNSAN. JUDGE SARDIDO eroded the people’s faith and confidence in the judiciary • The Court still imposes a fine of P10. Rivas. the latter brought her to a motel and made sexual advances on her. a friend of hers referred her to Calanog who was supposedly going to help her. 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. MAGBANUA denies signing the Deed of Absolute Sale which states that the consideration for the sale was P600. Plus. When she refused.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. Branch 76. in a number of cases. Castillo alleges that when she intervened for the intestate estate of her deceased husband. Presiding Judge of the Regional Trial Court of Quezon City. carried out a discreet verification of the facts raised in the testimonies and found them to be true. Sarenas 2C . 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. W/n Calanog should be held liable despite the desistance of the complainant.000 and asserts that what she signed was a deed with a stated consideration of P16. Beron. Fernandez. Castillo agreed to such a proposition. JUDGE SARDIDO was reprimanded. Castillo also alleges that when she met with Calanog. the Court had two witnesses (Ernesto Bustamante and Jose Javier) attesting to her earlier complaint. that her two children are not in an exclusive girls school and that Calanog has failed to pay the monthly installments on the condominium. 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. 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. whether or not such complaints deal with acts apparently unrelated to the discharge of their duties. 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. notarized the said deed However.000. - - - Issue: Held: - Anastacio. Emma Castillo charged Judge Manuel Calanog. Castillo filed an affidavit of desistance with the SC. Castillo. who was allegedly named Jerome Christopher Calanog. However. with immorality and conduct unbecoming of a public official. Calinisan. Morada. While the complaint was being investigated on. Mendiola. 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. Their relationship also bore a son.
who had sought his assistance in expediting the intestate estate proceedings of her deceased common-law husband. The moment such act deviates from purposes not directly related to the functioning and operation for which the courts of justice have been established. Dissent: He is mainly saying that Calanog should not be held solely liable and that the penalty of dismissal is too harsh." The judge. the judge is guilty of misuse. indeed. (He says that his house is too far from the gate and difficult for the applicants to locate. willing to enter into the sexual relationship for the perks it included. Calinisan. who was in the first place. no matter how honorable. Mendiola. Thus.LEGAL ETHICS - 2nd Sem 2005-2006 Generally. prohibited by the Code of Judicial Conduct from intervening in a case in any court. has also committed a grave injustice upon the complainant. as in this case.) 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. Held: Yes. 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. took advantage of the complainant's helplessness and state of material deprivation and persuaded her to become his mistress. 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. It is of no import that the judge's act of using court facilities be motivated by good cause. Fernandez. and they actually found from the testimony of Jose Javier that the Castillo's charges. 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. but also to his behavior outside his sala and as a private individual. Gutierrez. rest on sufficient grounds. Rivas. 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. Morada. in violating a judicial precept. it must be immediately rectified. the Court attaches no persuasive value to affidavits of desistance. Beron. said that he was only establishing a restaurant -. 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. It is worth noting here that the respondent judge. 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. as in the case at bar. Gana Lopez. Even if Emma Castillo had not filed her "Affidavit of Desistance. 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. 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. he thinks that the dismissal of Calanog is too severe. Sarenas 2C . Anastacio. but must also avoid the appearance of impropriety. 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.000 for the misuse of the court facilities.some sort of watering hole for friends. Suspended for 6 months with a warning. The judge. He is also saying that Castillo and Calanog are both offenders and victims." the SC says that they would not have been swayed solely by her allegations. Issue: W/N the Judge is guilty of misuse of court facilities. in his comment. considering the situation. especially when executed as an afterthought. Judges are not only to avoid impropriety. at that time.
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