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CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER...

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Republic of the Philippines In addition, the State shall guarantee free legal accredited by the Supreme Court shall issue the
CONGRESS OF THE PHILIPPINES assistance to the poor and ensure that every necessary certification that said legal services
Metro Manila person who cannot afford the services of a counsel were actually undertaken.
is provided with a competent and independent
Fourteenth Congress counsel preferably of his/her own choice, if upon The certification issued by, among others, the
Third Regular Session determination it appears that the party cannot PAO, the DOJ and other accredited association by
afford the services of a counsel, and that services the Supreme Court shall be submitted to the
Begun and held in Metro Manila, on Monday, the of a counsel are necessary to secure the ends of Bureau of Internal Revenue (BIR) for purposes of
twenty-seventh day of July, two thousand nine. justice and protect of the party. availing the tax deductions as provided for in this
Act and to the DOJ for purposes of monitoring.
REPUBLIC ACT NO. 9999 Section 3. Definition of Terms. - As provided for
in this Act, the term legal services to be performed Section 5. Incentives to Lawyers. - For purposes of
AN ACT PROVIDING A MECHANISM FOR FREE by a lawyer refers to any activity which requires this Act, a lawyer or professional partnerships
LEGAL ASSISTANCE AND FOR OTHER the application of law, legal procedure, rendering actual free legal services, as defined by
PURPOSES knowledge, training and experiences which shall the Supreme Court, shall be entitled to an
include, among others, legal advice and counsel, allowable deduction from the gross income, the
Be it enacted by the Senate and House of and the preparation of instruments and contracts, amount that could have been collected for the
Representatives of the Philippines in Congress including appearance before the administrative actual free legal services rendered or up to ten
assembled: and quasi-judicial offices, bodies and tribunals percent (10%) of the gross income derived from
handling cases in court, and other similar services the actual performance of the legal profession,
Section 1. Short Title. - This Act shall be known as may be defined by the Supreme Court. whichever is lower: Provided, That the actual free
as the "Free Legal Assistance Act of 2010". legal services herein contemplated shall be
Section 4. Requirements for Availment. - For exclusive of the minimum sixty (60)-hour
Section 2. Declaration of Policy. - It is the purposes of availing of the benefits and services as mandatory legal aid services rendered to indigent
declared policy of the State to value the dignity of envisioned in this Act, a lawyer or professional litigants as required under the Rule on Mandatory
every human person and guarantee the rights of partnership shall secure a certification from the Legal Aid Services for Practicing Lawyers, under
every individual, particularly those who cannot Public Attorney's Office (PAO), the Department of BAR Matter No. 2012, issued by the Supreme
afford the services of legal counsel. Justice (DOJ) or accredited association of the Court.
Supreme Court indicating that the said legal
Furthermore, it is the policy of the State to services to be provided are within the services Section 6. Information, Education and
promote a just and dynamic social order that will defined by the Supreme Court, and that the Communication (IEC) Campaign. - The DOJ, in
ensure the prosperity and independence of the agencies cannot provide the legal services to be cooperation with the Philippine Information
nation and free the people from poverty through provided by the private counsel. Agency (PIA), is hereby mandated to conduct an
policies and programs that provide adequate annual IEC campaign in order to inform the
social services and improve the quality of life for For purpose of determining the number of hours lawyers of the procedures and guidelines in
all. actually provided by the lawyer and/or availing tax deductions and inform the general
professional firm in the provision of legal services, public that a free legal assistance to those who
the association and/or organization duly

2003. Reportorial Requirement. Repealing Clause. 2010 for investigation. considered submitted for resolution.Within ninety (90) days from the date Representatives on January 27. Section 9. Respondent. During those hearings. despite his full knowledge that the and socioeconomic profile of the beneficiaries of loan they were meant to secure had already been this Act. report and recommendation. After he had filed his to the legal services covered under this Act and Secretary of Senate Comment2 on the Petition. purposes of determining the effectiveness and PANGANIBAN. the (Sgd. held of this Act is declared unconstitutional or invalid. respectively.4 the case was consistent with any provision of this Act is hereby Complainants. decree. Effectivity Clause. as ordinance or administrative circular not SPOUSES FRANKLIN and LOURDES OLBES. parties' respective formal offers of evidence. State. J. Petitioners charged House of Represenatives respondent with willful and deliberate acts of The Supreme Court shall formulate the necessary dishonesty. Implementing Rules and Regulations by the Senate and the House of the The Case (IRR). falsification and conduct unbecoming implementing rules and regulations with respect (Sgd. the last the other provisions not affected by such EN BANC of which was held on May 12. vs. among others. DECIEMBRE. amended. the Court referred the the process of accreditation of organizations case to the Integrated Bar of the Philippines (IBP) and/or associations which will provide free legal Approved: FEB 23. .. Speaker of the House of Representatives act of respondent.3 the parties declaration shall remain in full force and effect.Any law. BARUA-YAP Franklin and Lourdes Olbes with the Office of the envisioned in this Act.For newspapers of general circulation. the DOJ Approved. . (Sgd. filed by Spouses implementation of the tax component as (Sgd. repealed or modified accordingly.) EMMA LIRIO-REYES a member of the Bar. After the filing of the Section 10. Victor V. 2005 and documentary evidence. paid. who filled up the blank checks entrusted to him as security for a loan by writing The report shall state in detail. 2361 and House Bill No. . No.1avvph!1 take effect fifteen (15) days after its complete publication in the Official Gazette or in two (2) DECISION Section 7. 5365 April 27.) JUAN PONCE ENRILE on those checks amounts that had not been agreed geographic location.) PROSPERO C. Subsequently.. the commissioner rendered his . . were able to present their respective witnesses A. Deciembre. VICTOR V. Secretary General Bar Confidant of this Court. several hearings. 4301 was finally passed Section 8. 90 cannot afford counsel is being provided by the Section 11. NOGRALES Professional Responsibility was the malevolent parties who benefited from this Act. Dulay.C. shall submit an annual report to both Houses of Constituting a serious transgression of the Code of Congress indicating therewith the number of (Sgd. the BIR shall formulate the 26. This Act which is a consolidation of Senate Bill No. demographic characteristics President of the Senate upon at all.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. Separability Clause. assistance.) MARILYN B.This Act shall ATTY. 2010.: social impact of the provisions of this Act.) GLORIA MACAPAGAL-ARROYO The IBP's Commission on Bar Discipline (CBD). well as petitioners' Memorandum.If any provision President of the Philippines through Commissioner Caesar R. Before us is a verified Petition1 for the disbarment necessary revenue regulations for the proper of Atty. 2010 and January effectivity of this Act. .

they never went either to Cainta. As security for the immediately exchange with cash their postdated them.000.700. 46241 –8/15/99"8 in those places.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER.000. 1999. respondent filed before the ones who had deceived him by not honoring their Central Post Office.12 respondent be suspended from the practice of law . as shown by their Daily Time Records. Petitioners averred that many of their office mates 2004. he filed criminal cases against Inc. or on January 20. October 15. 0046241. among others. so it would have been physically impossible for them Report of the Investigating Commissioner (Sgd.000.13 different dates of maturity -. 0046243 and 0046244 totaling P100. and Lourdes.10 in his presence. 0046244) for the amount of P50.had suffered the same XV-2003-177 dated July 30. which he called baseless and devoid of any In their Petition. The Facts August 20.874. 1999 a letter carrier receiving a monthly salary of Complaint against petitioners for estafa and transactions. Olbes.000. Checks (Nos.among them. the time. respondent said that the loans were his plus surcharges. 0046243 and and Eugenia Mendoza -. P10. had allegedly been covered by their therein that on July 15.000. respectively.August 15. 1999.000. because his previous satisfactory might be obtained in the future.) Atty. and. Notwithstanding the full payment of the loan. P6. which were not the latter issued a receipt. 1999. 0046241-45). around two o'clock in the afternoon Moreover. Deciembre to transact business in Cainta. Those transactions.. Rizal. violation of their obligations. 91 Report and Recommendation dated January 30. petitioners were the were government employees working at the On October 19.000 each. Allegedly. Through respondent. they personally subsequently dishonored due to "ACCOUNT 1999 her application for a loan from Rodela Loans. penalties and interests.14 respondent denied petitioners' 15. Lourdes renewed on July 1. Juanita Manaois. 1999.37 as payment of or to Quezon City to transact business with his right to litigate should not be curtailed by this the loan of P10. a mail sorter. amount of P14. Spouses Olbes allege that they truth and merit. she issued and delivered to respondent five PNB Check Nos. 1999.11 lawyer. 1999 Petitioners insisted that on the afternoon of July vindicate his rights against their deception and 15. 2004. that on the same day.7 herein quoted as requested that he exchange with cash PNB Check in any way connected with his profession as a follows: Nos. which was later adopted and approved by respondent filled up four (of the five) blank PNB -. 1999 and November In his Comment. Victor V. 2000. On August 31. in the amount of P10.37 corresponding to the loan July 15. in Quezon City. He stated. they again approached him and private and personal transactions. The criminal cases against petitioners were allegedly private actions intended to "August 31. Honorata Acosta the IBP Board of Governors in its Resolution No. checks. with fate in their dealings with respondent.. which served as collateral for given them the amounts of money indicated in the the approved loan as well as any other loans that Several months after.000. 0046242. Manila. 1999. after an 8-31-99 interval of only thirty minutes. the afternoon at Cainta. they were in their office at administrative action.6 respondent filed against petitioners another transactions with them convinced him that they Affidavit-Complaint for estafa and violation of BP had the capacity to pay. He maintained that Received the amount of P14. He claimed that the checks had already loan. He further claimed that he had (Nos. In his Report and Recommendation.874. 0046241 and 0046242 totaling been fully filled up when petitioners signed them Philippine National Bank (PNB) blank checks P100. however..00 taken earlier by Lourdes respondent. Rizal. around one-thirty in four PNB checks that were.00 especially considering the heavy traffic conditions Commissioner Dulay recommended that PNB Check No. for which at Quezon City. 1999.5 violation of Batas Pambansa (BP) 22. Rizal. approached him and requested that he CLOSED. Allegedly. He alleged P200.9 claims. Lourdes paid respondent the 22. commitment regarding their July 15. 1999. and that Franklin was Provincial Prosecution Office of Rizal an Affidavit. totaling P6." Thus.

is Cainta. 1999. Q. I will consult my records. 1999. OLBES and FRANKLIN A. Q. personally met and requested me to immediately exchange with cash. I am trying to test your personally met and requested me to immediately and 46244 in the afternoon. That is my retainer client. you filed Q. Is that your house? Prosecution Office of Rizal respondent stated that: Q. OLBES x x x. Your Honor. Your Honor. totaling P100. may I object because what is the that: materiality of the question? ATTY. Rizal. to be ATTY. their have been issued in Pasig in the place of your postdated checks totaling P100. Yes. DULAY: "The above statements executed by respondent 0046241 and 0046242 xxx have been issued to under oath are in direct contrast to his testimony you? The name of the client is not material I think. during the May 12. A. and 46242 in the morning. 92 for two years for violating Rule 1. These four checks were accordingly issued A. What is that. thus: What building? . That last July 15. DECIEMBRE: 2. A. Here in my office at Garnet Road. middle part of the morning around 9:30 to 10:00.000. DECIEMBRE: support his complaint filed with the Office of the City Prosecutor of Quezon City respondent stated Which are the first two checks? Your Honor.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. in the ATTY. both LOURDES The first two checks covering check Nos. credibility because according to you these checks exchange with cash. in the jurisdiction of to you by the complainants on July 15.01 of the Code of ATTY PUNZALAN: (continuing) A. 46243 That is very material. Q. at around 2PM. is that the evidence presented: correct? A. Could you recall what particular time in the morning that these two checks with number COMM. in place? rendered the following analysis and evaluation of Pasig City and the other in Quezon City.00 then. M. Pasig City. Yes. OLBES and that correct? Q.. Based on these four (4) checks which you The commissioner said that respondent's version claimed the complainant issued to you. "In his affidavit-complaint x x x executed to A.000.00 then. 2003 hearing. PUNZALAN: jurisdiction of Quezon City. That last July 15. right there and then. 1999. yours? "Again in his affidavit-complaint executed to COMM. You Honor. I could not remember exactly but in the Professional Responsibility. No. is that your law office? FRANKLIN A. Your Honor. to be immediately used the first two checks is in the morning and the next Q. two checks is in the afternoon (sic). Commissioner Dulay two separate criminal cases against them. because the checks were support his complaint filed before the Provincial deposited at different banks. 46241 E. PUNZALAN: client on a retainer..M. It is before this Commission on cross-examination enough that he said it was issued here in Pasig. one. That's why I am asking your immediately used by them in their business client… venture. And Check No.. DULAY: ATTY. it's not my house? 2. right there and then. This was issued to you in what particular of the facts was not credible. both LOURDES E. Ortigas Center. their postdated checks because it's quite a long time. OLBES x x x. What is the name of that retainer client of by them in their business venture.

is that correct? loan of P10. PUNZALAN: transaction with complainants. in the IBP for his actions. but also known to possess good allegedly to be used for a business and moral character. These client's office? took place. insofar as the place use the money for contributes further to the lack What is the materiality of knowing the name of his where the transaction involving the four checks of credibility of respondent's version."15 "Complainants' version that they issued blank ATTY.17 "A lawyer is an oath-bound A. Respondent has verify and ask them what businesses they would blatantly distorted the truth.16 It is place of your client in Pasig City. resolution of the public prosecutors notwithstanding we believe respondent is clearly Because.00 learned in the law.. obviously and glaringly inconsistent and be jailed as a result of respondent's filing of the Now I am asking who is that client? contradicts the written statements made before criminal cases. Your Honor. complainants were even late in paying the Membership in the legal profession is a special office that there were four checks issued in the loan when it fell due such that they had to pay privilege burdened with conditions. Your Honor. according to the respondent is his client. the Complainants herein are mere employees of the the IBP Board of Governors. as approved and adopted by Q. the materiality is to find out "Furthermore respondent's statements as to the lacking in honesty in dealing with the whether he is telling the truth. Office and respondent is facing similar complaints Your answer. nor bother to COMM. It is AIC Realty Corporation at AIC Building. complainants.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. However. DULAY: complainant[s] more credible. 0046243 and 0046244.000. Parenthetically. The place. the penalty complainants in the afternoon issued PNB Check Central Post Office in Manila who had a previous should be more severe than what the IBP Nos. we note that the public prosecutors. Respondent does not A. has since been paid x x x.000. Yes. DECIEMBRE: checks to respondent as security for the payment The Court's Ruling of a loan of P10. 93 ATTY. That respondent who is a lawyer AIC Corporate Center. The ATTY. two in the interest. So would you want to tell this Honorable fact. Thus further adding to the respondent has also filed similar cases against the COMM. Such distortion on a very material fact circumstances really cast doubt as to the version would seriously cast doubt on his version of the of respondent with regard to the transaction. That is correct. and whose primary duty is the . DECIEMBRE: "Respondent was clearly not being truthful in his previous transaction and personal circumstances narration of the transaction with the of complainants.000. immediately release the amounts under the servant of society whose conduct is clearly circumstances described by respondent does not circumscribed by inflexible norms of law and appear credible given the background of the ethics. deny the said transaction. And the same date likewise. we find the story of receipt for the money he has given. DULAY: lack of credibility of respondent's version of the co-employees of complainants in the Central Post transaction. Commissioner Dulay. As between his version as to when would not even bother to ask from complainants a the four checks were given. In Q. and that A. respondent filled up the checks in amounts not We agree with the findings and conclusions of agreed upon appears to be more credible. That respondent would trust them once bestowed upon individuals who are not only morning and two in the afternoon? more by giving them another P200. This appears to be the Respondent's Administrative Liability only previous transaction between the parties. Your time when the transactions took place are also complainants. sir. Complainant Franklin Olbes had to Honor.00 from respondent and which recommended.00 plus interest..

19 Lawyers should act upon them the duty of exhibiting the highest blank checks by indicating amounts that had not and comport themselves with honesty and degree of good faith. fairness and candor in their been agreed upon at all and despite respondent's integrity in a manner beyond reproach. 94 advancement of the quest for truth and justice. Respondent does not deny the for the privilege to enter into the practice of law. thereby exhibiting his law and legal processes. the IBP commissioner gave had the temerity to initiate unfounded criminal obey the laws of the land and promote respect for credence to the story of petitioners."18 with the highest degree of social responsibility their blank checks. indicative of moral depravity not expected from. behave in a scandalous manner to the According to Franklin Olbes' testimony on cross.21 with him. As a matter of fact. professional misconduct. lawyers may be disciplined for any was a brazen act of falsification of a commercial conduct. for their private lives. in order to relationships with others.20 times. they are burdened member of the bar that made them trust him with crusader. A lawyer shall at all times uphold the assertion that they had filled up the checks and months26 because of the Complaints.000 loan obtained from him by petitioners. they asked respondent for the blank practice and the exercise of the privilege.000 loan they had contracted. meticulously during the continuance of the discredit of the legal profession.03." examination.. A lawyer shall uphold the constitution. He committed an act we find no reason to deviate from these findings. On the moral character includes at least common A high standard of excellence and ethics is pretext that he was not able to bring the checks honesty. Under the circumstances.28 No moral qualification for bar expected and required of members of the bar. whether in their professional or in their document. xxx xxx xxx and highly unbecoming.25 and are thus mandated to behave at all times in a By taking the lawyer's oath. It was their high regard for him as a which he [or she] has sworn to be a fearless keepers of the public's faith. The Code of Professional Responsibility private capacity. As officers of the courts and petitioners. nor should he. Thus. wanted to foist on them. whether in their public or in abusing the confidence reposed in him by profession places a premium on honesty and . A lawyer shall not engage in stretch one's imagination to arrive at an inevitable Good moral character is an essential qualification conduct that adversely reflects on his fitness to conclusion.. Because the checks were dishonored upon presentment. resorted to for his material gain. The oath is a sacred full knowledge that the loan supposed to be promote the public's faith in the legal trust that must be upheld and kept inviolable at all secured by the checks had already been paid. and an Professional Responsibility was seriously indispensable instrument in the fair and impartial The oath that lawyers swear to likewise impresses transgressed by his malevolent act of filling up the administration of justice.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER.24 he was not able to return them. He membership is more important than truthfulness Such conduct of nobility and uprightness should thus committed abominable dishonesty by and candor.27 Good checks after the loan had been paid. Cainta. After a careful review of the records. there is no need to "Rule 7. whether in public or P10.22 It is also glaringly clear that the Code of a guardian of truth and the rule of law. a member of the bar. His profession. an attorney becomes manner consistent with truth and honor.29 The rigorous ethics of the remain with them. It is equally essential to observe this norm private life. Respondent integrity and dignity of the legal profession and exchanged these with his cash at Quezon City and is clearly guilty of serious dishonesty and support the activities of the Integrated Bar. respondent "Canon 1. Rizal. who said that suits against petitioners. if such conduct renders them specifically mandates the following: unfit to continue to be officers of the court. practice law. they had given five blank personal checks to vile intent to have them punished and deprived of respondent at the Central Post Office in Manila as liberty for frustrating the criminal duplicity he had xxx xxx xxx security for the P10. one of Found untrue and unbelievable was respondent's the petitioners (Franklin) was detained for three "Canon 7. In the present case.23 And he did not stop there.

maliciously indicting petitioners and thereby 10 Rollo. 24 TSN. 2002. C. de Espino v. January 24. Sabayle v. pp. Marcelo v. Chico-Nazario. 432 SCRA worse. 28 Tan v.32 they reveal a basic moral Ethics (1999). 21. respondent's personal record. p. Let another copy September 9. Tinga. March 4. 24. they must not SUSPENDED from the practice of law effective January 30. 1992. In Eustaquio v. 673. flaw. act in good faith. Corral. 11. Eustaquio v. 44-45. March 8. 95 condemns duplicitous behavior. make it appear that he was authorized to sell any Memorandum. pp. Carpio-Morales. the conduct of herein respondent is even 9 Affidavit of Franklin Olbes.J. Rimorin. 2003. 2002. 3 Records. Rimorin. Deciembre is found 13 Id. 350 SCRA 138. Nakpil v. 206 SCRA 473. Let copies of this Decision be 16 Lao v. 10-14. 384 SCRA 1. II. Records. 22. 19 Busiños v. 1997. 20 Malecdan v. merely unacceptable practices that are disgraceful Bar of the Philippines. Sebastian v. January 28. Memorandum of Agreement to give a semblance 6 Id. p. another's property. 2003. Inc. II.. 2004. Pilla. 21 Sanchez v. 2003. 18 Re: Administrative Case No. Occeña. we find the penalty Azcuna. pp. power of attorney (SPA) by the respondent to Vol. 405 SCRA 227. 1. Somoso.. 2004. Villanueva v. of legality to the SPA. Carpio. pp. JJ. Ricafort. Sandoval-Gutierrez.. pp. 194-198. 182-192. His misuse of 1 Rollo.. Records. 8. 405 SCRA 228. February 4.03 of the Code of Professional . 383 SCRA 636. 1995.31 Confidant. Records. Calis. 315 Phil. 65-66. Considering the depravity of the offense Martinez. July 3. Lao v. 5. July 4. p. 399 SCRA 422. p. Tagbilaran City. Presquito. Pineda. p.. as well as his fraudulent and on March 4. v. II. p. p. which is directed to append a copy to 2003. Here. C. 8. 395 SCRA 386. July 11. per Santiago. 1999. the filled-up checks that led to the detention of 2 Id. July 4 Petitioners' Memorandum was received 1. Vol. mislead the court or allow it to be misled by any immediately. January years from the practice of law to be too mild. Valdes. 56-61. Pekas. Rivera v.. IV. Callejo.. 3. The standards of the legal profession are not SO ORDERED. 1992. 27 Vda. Br. 23 Garcia v. Ombac v.. 399 SCRA 422. Atty. p. 20. 1988. propensity for employing deceit and Footnotes 2002.33 Davide. His 26. Vol. 638. 2004. Manuel. Medel. 2004. p. In all their dealings. Sta. July 1. Atty. 26 TSN.30 Lawyers must Responsibility. suspension from the practice of law for five years. 2001. 7-8. 347 Phil. 2003. 158 SCRA 497. 18. 421 SCRA 7. were sanctioned with 7 Id. Sr. Respondent did not submit 22 Sanchez v. p. February 4. 1-10. October 3. but filed a Motion to Dismiss Tandayag. Samuel escape the penalties of criminal laws. artifice. 25 TSN. 2003. id. Ynares. Corona. WHEREFORE. He is hereby indefinitely 15 Report and Recommendation dated be ministers of truth. Medel. Puno. September 18. 44 of the satisfied by conduct that merely enables one to RTC. Atty. Somoso. 1998. March 24. Hence.34 the forging of a special by the IBP-CBD on September 16. curiam. 2. Sr. 286 SCRA 758. 3. May 20. Rural Bank of Silay. Ana. Rayos- caused the detention of one of them. 2003. 17 Ernesto L. June 28. January malicious inducement of Alicia Rubis to sign a 5 Rollo.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. Austria. 2002. He used falsified checks as bases for Vol. p. IV.. misrepresentation is reprehensible.. 609. 1. recommended by the IBP of suspension for two concur.01 and 7. 11 Id. March 24. 214 Deception and other fraudulent acts are not be furnished the National Office of the Integrated SCRA 1. they are expected to furnished all courts as well as the Office of the Bar Eustaquio v. 4. 412 SCRA 569. 687. Rayos. pp. 795. Victor V. committed by respondent. Against Atty. one petitioner is loathsome. and Garcia. 2002. Jr.. December 22. Rimorin.. Quisumbing. 12 Id. 1998. February guilty of gross misconduct and violation of Rules 14 Id. pp.. Legal and Judicial and dishonorable.. 372 Phil. 349 Phil. supra.. pp.. Sabandal. pp. Javier. 56-61. 8 Annex "A" of Petition.

THE attorney’s fees received by David from the clients to you as a result of your labor are your clients. December 29.] accounts. one-half of the indirectly have been approached or related (sic) REJECT. Tan v. 50/50 from domestic.C.03 – A LAWYER SHALL NOT DO OR will entrust to me for collection.. 1928. 2003. Tan:chanrob1es virtual 1aw library (Sgd. 1261. are entitled to commission. we shall divide fifty-fifty. DAVID into writing our agreement which must be followed in connection with the accounts that you "P. 1993. "2. You shall take care of collecting our fees observe honesty and good faith. "1. me by our clients. AQUINO. EXCEPT FOR VALID REASONS. HE SHALL NOT REFUSE TO RENDER LEGAL "Manila Very truly yours. honest and RULE 2. 1978. ADVICE TO THE PERSON CONCERNED IF ONLY TO THE EXTENT NECESSARY TO "Dear Mr. Basilio Lanoria for complainant. February 24. Saludares. EVEN IF THE "Mr. Our terms and PERMIT TO BE DONE ANY ACT DESIGNED conditions shall be as follows: I will be responsible for all documents entrusted PRIMARILY TO SOLICIT LEGAL BUSINESS. 81 SCRA 517. supplied by Tan Tek Beng. Likewise you must be sincere. supra citing In re Del The issue in this case is whether disciplinary Rosario. Likewise you .CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. TAN TEK BENG. v. 206 SCRA vs. 30 Custodio Sr. safeguarding our interest. our Heavenly OPPRESSED. I shall not deal directly with our clients 31 Article 19. action should be taken against lawyer Timoteo A. 96 29 Constantino v. Tan Tek Beng fair with me. Other clients who directly or RULE 2.. In compliance with your request.ph "I hereby pledge in the name of God. Atty.: referred to us by our clients and careful in September 9. as well as advances for expenses for the cases 32 Sebastian v. without your consent. Complainant. honest and fair with "December 3. act with justice." New Civil Code. J. 372 Phil. 1983.01 – A LAWYER SHALL NOT the Seventh Day Adventists). 1970 you in connection with our transactions with our clients.com.) Illegible SAFEGUARD THE LATTER’S RIGHTS. or in any criminal cases where they are involved. Esto.02 – IN SUCH CASES. David for and in his own behalf. "Every person must in the Timoteo A. 228 SCRA 233.S. give everyone his due. February 22.) Initial collection that we shall be able to effect on their [A. 52 Phil. that I will be sincere. and DECISION "3. Their agreement CAUSE OF THE DEFENSELESS OR THE reads:jgc:chanrobles. "4. inheritance and commercial from our said clients 473. December 7. 673. Father. LAWYER DOES NOT ACCEPT A CASE. 1992. a nonlawyer (alleged missionary of over to our clients. 399. 33 Sabayle v. March 24. RULE 2. Respondent. I am now putting TIMOTEO A. TIMOTEO A. On all commission or attorney’s fees that SECOND DIVISION we shall receive from our clients by virtue of the (Sgd. Calis. 1999. No. Tandayag. David (admitted to the bar in 1945) for not giving we shall recover from the debtors shall be turned Tan Tek Beng. DAVID. exercise of his rights and in the performance of his duties. It is understood that legal expenses that 34 399 SCRA 422. Sabandal.

C. Rules of Court).. 21 of Act No. 7 C. — The professional MR. amending Legal Ethics). 37. That meaning is in consonance with the acted upon such void and unethical agreement. There were mutual practice of soliciting cases at law for the purpose accusations of doublecross. "Unprofessional conduct in an attorney is that Tek Beng refused.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. any civil action to enforce the agreement. Tan Tek Beng in 1973 or brokers" Sec. based upon a division of service or to the nonavailability of Tan Tek Beng and his responsibility. 58 Phil. duties by or in the interest of such intermediary. Baesa. 42. We hold that the said agreement is void because it and the responsibility should be direct to the The business relationship between David and Tan was tantamount to malpractice which is "the client. 569). J. 1969. Compensation. 2828. 190). 62 Phil. — No division of fees for reciprocate my sincerity to Atty."cralaw virtua1aw library (Sgd. to the term "malpractice" (Act No. Jayme v. 97 "CONFORME to the above and likewise will was proposed that respondent should submit a "34."cralaw virtua1aw library Tek Beng did not last. In his 1974 comment. Commissions and Rebates. The which violates the rules or ethical code of his library commercialization of law practice is condemned profession or which is unbecoming a member of in certain canons of professional ethics adopted by that profession" (Note 14.J. He should avoid all his professional fees to an intermediary or A report on this case dated March 21.com : virtual law Philippine National Bank. Intermediaries. Malcolm. David suggested that Tan others for to do so would be unprofessional" (2 known better. sec. personal or The foregoing was a reiteration of an agreement Caloocan City but it was only in the manifestation corporate.) Tan Tek Beng counsel. TAN TEK BENG" On September 16. A to deal directly with the clients.L. 53 Phil. Note that in said agreement of his counsel dated August 10. David as stated in stipulation of facts but that did not materialize legal services is proper." (Appendix. lawyer’s relation to his client should be personal.S. shoulder a part of the business expenses but Tan Malcolm. 1981 that the lawyer. denounced David to Presidential Assistant Malpractice ordinarily refers to any malfeasance commissions. except with another the last paragraph of this letter. Arce v. report and recommendation. respondent is reprimanded for Hearings were scheduled from 1974 to 1981. This case was referred to the Solicitor General for the American Bar Association: investigation. to the Office of Civil Relations or dereliction of duty committed by a lawyer. rebates or other advantages from Ronaldo B. "35.. not a business. Tan Tek Beng as assistant manager and lawyer elementary notion that the practice of law is a We discountenance his conduct. A copy of this decision . WHEREFORE. Zamora. For allegedly not of gain. 1097 cited in In re Tagorda. When profession. — A lawyer should accept no compensation. others without the knowledge and consent of his at Camp Crame and to this Court. which intervenes between client and dated August 5. qualifications are individual. 1977 Tan Tek Beng died at the services of a lawyer should not be controlled or Philippine Union Colleges Compound.. Rule 138. David clarified that the We censure lawyer David for having entered and partnership was composed of himself as manager. not because of Pedro Jacinto as president and financier. 422. 743). . exploited by any law agency. He did not file Section 27 gives a special and technical meaning client after full disclosure. . either personally or through paid agents "38. because the scheduled hearings were not held due lawyer. 27. . Bualan. living up to the agreement. A lawyer’s responsibilities and lawyer David not only agreed to give one-half of Solicitor General’s Office was informed of that fact.chanrobles. "The lawyer may not the complaint of Tan Tek Beng (who did not know Jacinto became ill and the costs of office seek or obtain employment by himself or through legal ethics) but because David should have maintenance mounted. 1983 was relations which direct the performance of his commission agent but he also bound himself not submitted by the Solicitor General to this Court.chanrobles law library Tek Beng should also invest some money or R. It being guilty of malpractice. Division of Fees.

which Responsibility and Rule 138. Respondent. the Court can lift the ban on lawyer advertising. No. J.03 and 3.R. ISMAEL G." This issue of the newspaper. Concepcion. by the IBP in Resolution No.. XV-2002-306. Public Information other half after a decision thereon has been recommendation. Atty. SIMBILLO. 98 should be attached to his record in the Bar which reads: "ANNULMENT OF MARRIAGE time has come to change our views about the Confidant’s office.R. 2000 issue of The warning that a repetition of similar acts would be Philippine Star. Atty. the instant petition for certiorari. RIZALINO T. XV-2002-606 dated Public Information Office. Simbillo... Asst. solicitation per se are not prohibited acts. Assistant Court payable at the time of filing of the case and the Philippines for investigation.6 finding respondent guilty of ATTY.. Rizalino T. Court Administrator and Chief. public policy and not involve separation of property or custody of public order as long as it is dignified. 2003 children. The IBP Resolution was ATTY. KHAN. Complainant.7 vs. Ma. who claimed that her husband. that he be exonerated from all the charges against Makasiar (Chairman).CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. and suspended him from published in the August 2 and 6. Simbillo also said that her husband charges a fee of P48. Petitioner. filed an Motion for Reconsideration. SIMBILLO.8 which was denied Assistant Court Administrator and Chief. Jr. in violation of Rule 2.01 of the Code of Professional Hence. in IBP COMMISSION ON BAR DISCIPLINE and his capacity as Assistant Court Administrator and In the meantime.000. No. Respondents. Specialist 532-4333/521-2667. 2000 issues of the the practice of law for one (1) year with the G. This administrative complaint arose from a paid In his answer.2 dealt with more severely.01 of the Code of Administrator and the Public Information Office Professional Responsibility and Rule 138.C.: Rules of Court. J.5 On June 29. JJ. "Atty. 2000 imputed to him. Jr. Ismael G. KHAN. report and Administrator and Chief. Further research by the Office of the Court violation of Rules 2. De Castro called up the published telephone number and and that the rationale behind the decades-old and Escolin. Theresa B. Section 27 of the was docketed as G. Mrs. RIZALINO T. half of which is The case was referred to the Integrated Bar of the ATTY. Ismael G. Petitioner versus IBP Commission on Bar Discipline. Simbillo for improper advertising and solicitation October 19. that the interest of the public is not served by the SO ORDERED.. respondent filed an Urgent ATTY. 2002. Rizalino Simbillo. administrative complaint against Atty.4 A. Simbillo... On September 1. was an expert in handling him and that the Court promulgate a ruling that annulment cases and can guarantee a court decree advertisement of legal services offered by a FIRST DIVISION within four to six months. No. Guerrero. JR. rendered.03 and RESOLUTION Rule 3. ISMAEL G. Espeleta.00. but argued that advertising and Public Information Office. 157053 August 19. No. took no part. JR. the IBP Office. Respondents. 2002."1 prohibition on advertising and solicitation. noted by this Court on November 11. YNARES-SANTIAGO. Atty. respondent admitted the acts Khan. Philippine Daily Inquirer. Section x-----------------------x revealed that similar advertisements were 27 of the Rules of Court. 157053 entitled. he prayed Mrs. concur. Thus. 2000. Commission on Bar Discipline passed Resolution vs. Ms. 5299 August 19.. 20029 of his legal services. provided the case will lawyer is not contrary to law. She spoke to prohibition should be abandoned. Khan. Jr. advertisement that appeared in the July 5.. that Public Information Office of the Supreme Court. a staff member of the absolute prohibition on lawyer advertising. Abad Santos. that the .3 Rizalino T. 2003 Manila Bulletin and August 5. pretended to be an interested party. in his capacity as Chief of the Public Information Office.

C. he again advertised his legal services in resolution on the basis of pleadings and records is not a capital that necessarily yields profits. grossly immoral conduct or by reason made in a modest and decorous manner. who might have 3. 2003. 2001 issue of the Buy & Sell Free thereof.17 Ten months later.01 of the Code of Professional distinguish the legal profession from a business: What adds to the gravity of respondent’s acts is Responsibility read: that in advertising himself as a self-styled 1. on the other hand. refrained from dissolving their marriage bonds. to do so.. filed a The gaining of a livelihood should be a secondary Ads Newspaper.. – A member by candor.20 . he caused Supplemental Memorandum on June 20. misleading.14 The duty to public service and to the same advertisement to be published in the the administration of justice should be the October 5. the parties attorney for a party without authority to do so. and in which one may or unwittingly erodes and undermines not only done any act designed primarily to solicit legal attain the highest eminence without making much the stability but also the sanctity of an institution business. consideration. If it is such office.01. administration of justice involving thorough that an annulment may be obtained in four to six undignified. 2003. However. the solicitation of legal business is of the bar may be disbarred or suspended from his current business methods of advertising and not altogether proscribed. 99 petition was consolidated with A." he wittingly Rule 2. deceptive. self-laudatory or unfair statement or sincerity. – A lawyer shall not do or permit to be emolument is a by-product. his contrition rings hollow were willing to submit the case for resolution on It has been repeatedly stressed that the practice of considering the fact that he advertised his legal the basis of the pleadings. 5299 per turpitude. is required to take before the admission to the acts complained of. Indeed.12 It is a profession in which services again after he pleaded for compassion Manifestation on April 25. 2003.18 Such acts of We agree with the IBP’s Resolutions Nos. A duty of public service. A relation to colleagues at the bar characterized by Supreme Court. Eight months after filing his evidence and is submitting the case for its early to be a money-making venture. 2003.13 the August 14. Disbarment and suspension of attorneys 4.16 with the dignity of the legal profession. still considered sacrosanct despite the contemporary climate of permissiveness in our Rule 3. A relation as an "officer of the court" to the society. – A lawyer shall not use or permit the 2. Section 27 of the Rules of Court states: fiduciary.15 The following elements Rules 2. primary consideration of lawyers. owe to themselves. subordinate their personal interests or what they affront on the Court’s authority. stating that he is duty to public service. In a Resolution dated March 26. or for any violation of the oath which he There is no question that respondent committed the Court’s Resolution dated March 4. or for a willful disobedience appearing as caused the publication of the advertisements.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. it must be compatible deceit. integrity and reliability. fraudulent. 11 Respondent. or dealing solicitation to be proper. malpractice or other gross misconduct in directly with their clients. and unwillingness to resort to Nonetheless. SEC. is the primary and after claiming that he had no intention to not submitting any additional pleading or consideration. 27. 2001 issue of Buy & Sell. money.10 Complainant filed his law is not a business. it would of his conviction of a crime involving moral bring no injury to the lawyer and to the bar. XV. in assuring prospective clients use of any false.03. and law advocacy answer. He himself admits that he practice. No.19 claim regarding his qualifications or legal services. he in fact encourages people. Lawyering is not primarily meant violate the rules. While he professes repentance and begs for the were required to manifest whether or not they Court’s indulgence. fairness.03 and 3. who must respondent are a deliberate and contemptuous 2002-306 and XV-2002-606. not money. months from the time of the filing of the case. A relation to clients in the highest degree of otherwise been disinclined and would have Rule 138. of which the "Annulment of Marriage Specialist. grounds therefor. for office as attorney by the Supreme Court for any encroachment on their practice.

65. As explicitly stated in Ulep v. addresses of references. primarily for that purpose. of honor. p. trade journal or society program. represented.C. the names and the practice of law for ONE (1) YEAR effective LEGAL AND JUDICIAL ETHICS.CANON 2 – A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER. address and fields of practice.. 9. magazine. pp. 73. p. p.R. admission to the bar. RULE 2. trade Bar of the Philippines and all courts in the country 22 Bar Matter No.. being for the convenience of the 10 Id. on official names of the lawyers. membership and offices in bar violation of Rules 2. 61. and Azcuna. L- of graduation. the fact of 27 of the Rules of Court. reputable law lists.. 18 law practiced... 109. 13. brief biographical and informative data is likewise which he is connected with. date and place of birth and not under a designation of special branch of law. with their written upon receipt of this Resolution. cable addresses. listings in other reputable law lists. December 1989. a lawyer may not properly publish his brief SO ORDERED. only a statement of the lawyer’s name and the address. No. 19 Rollo. 14-15. distinctions.. at The law list must be a reputable law list published Let copies of this Resolution be entered in his p. telephone numbers. schools attended with dates (emphasis and italics supplied) 13 Canlas v...J. 58 [1999]. p. 110. of statement of his name. consent. in a manner consistent with also permitted. SCRA 378. or to lower dignity or advertisement in legal periodicals bearing the standing of the profession. 253. For that reason. Pineda E. RATES LOWER THAN THOSE CURRENTLY magazine. profession. 12 [1997]. associates. p. PRESCRIBED UNLESS THE CIRCUMSTANCES SO may a lawyer permit his name to be published in a concur. 3195. abroad. the names of clients regularly STERNLY WARNED that a repetition of the same 18 Id. principally for other purposes. p. 164 SCRA 160. LEGAL ETHICS.C. firm name or office 9 Id. G.. addresses. 3. 21-57. No. p. in view of the foregoing.. legal authorships. C. it cannot be a mere record as attorney and be furnished the Integrated 21 Id.. or contents of Davide. He is likewise 17 Rollo. 180 SCRA 246. are permissible. 92 SCRA 1. is not objectionable. supra. Nor Vitug. 41. 75. at pp. JJ. He is SUSPENDED from Sycip. the standards of conduct imposed by the canon. The card may contain only a 3 Id.. p. posts WHEREFORE. 13-14. supplemental feature of a paper. A. p. 72. (Chairman ). p. associations and committees thereof. 553. 100 Thus. address. calling cards is now acceptable. opening of a law firm or of changes in the 8 Id. p. 17 June 1993.. or similar offense will be dealt with more severely. SIMBILLO is found GUILTY of 15 Burbe v.21 Publication in The use of an ordinary simple professional card is 2 Id.. Inc. He may likewise 11 Id. 10. 30 July 1979.Carpio. II. Section 16 Agpalo. Vol. the use of simple signs stating the name or law list the conduct. and. 174. The 6 Id. 5713.03 and 3. 62. Legal and Judicial Ethics. 20 Pineda. as well as the public or the bar. A. pp. No. I.. Clinic. p. Vol. . 110. 60. respondent 14 Agpalo R. (Acting Chairman). p. management. telephone 5 Id. Jr. 223 journal or periodical which is published for their information and guidance.. supra. 10 June positions. Legal number and special branch of law practiced.L. Such data must not be misleading and may include partnership. p.. Even the use of 1 Rollo. names of his professional associates. allowable.01 of the Code of 2002. Potenciano. public or quasi-public offices. the office and residence which are calculated or likely to deceive or injure business. the name of the law firm 4 Id. Footnotes same brief data.04 – A LAWYER SHALL NOT CHARGE biographical and informative data in a daily paper. branches of have his name listed in a telephone directory but 12 Cantiller v. Court of Appeals. 407. Magulta.:22 publication of a simple announcement of the 7 Id. WARRANT.. p. legal teaching RIZALINO T. in legal and Professional Responsibility and Rule 138. citing In re scientific societies and legal fraternities. 8 August 1988. degrees and other educational 77691.