You are on page 1of 6

Case Summary Doctrine

Pet. Continued Use The court finds no sufficient reason to depart from the ruling of Register
of Firm Name: Sycip of Deeds of Manila vs. China Banking Corporation.
In Matter of Hazing Case The practice of law is a privilege granted only to those who possess the
Oath Argosino of lawyers who are instruments in the effective and efficient
administration of justice
Tan v Sandobal This the Land Bureau guy! It is also held that truthfulness or candor is the most important
moral qualification for bar membership.
Canlas v CA Parcels of land case! The Court finds the occasion fit to stress that lawyering is not a
moneymaking venture and lawyers are not merchants, a fundamental
standard that has, as a matter of judicial notice, eluded not a few law
advocates. The petitioner's efforts partaking of a shakedown" of his own
client are not becoming of a lawyer and certainly, do not speak well of
his fealty to his oath to "delay no man for money."
In Re: Cunanan Bar Flunkers Act R.A. 972 is contrary to public interest because it qualifies 1094 law
graduates who had inadequate preparation for practice of profession, as
exactly found by this Tribunal in examinations
Public interest demands of the legal profession adequate preparation and
efficiency, precisely more so as legal problems evolved by the times
become more difficult.
Pet. To Leave to Check latter case! Requirements for admission to the Bar:
Resume Practice by 1. citizen of the Philippines
Dacanay 2. at least 21 years old
3. GMC
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
1. good moral character
2. no charges against him, involving moral turpitude, have
been filed or are pending in any court in the Philippines.
Requirement of Good Moral Character: a continuing requirement;
good moral character is not only a condition precedent for admission to
the legal profession, but it must also remain intact in order to maintain
ones good standing in that exclusive and honored fraternity.
Re: Letter-Complaint Letter complaint charging Justice Elbinias with The burden of proof that respondent committed the acts complained of
of Atty Samson Gross Inefficiency; Bribe Solicitation; Drinking rests on the complainant.
Cayetuna Liquor in Office Premises; Personal Use of
Government Property and Resources;
Falsification of a Favored Employees Daily
Time Record; Disrespect Towards fellow
Justices; Oppression through Intemperate,
Oppressive and Threatening Language; and
Grave Abuse of Authority.
Re: Blue Senate Sandiganbayan Associate Justice Gregory Ong A judge must avoid all impropriety and the appearance thereof. Being
Committee Gregory was alleged to be the connection of the Napoles, the subject of constant public scrutiny, a judge should freely and
Ong who helped acquit her in the Kevlar Helmet willingly accept restrictions on conduct that might be viewed as
case. Rappler published a picture of Ong and burdensome by the ordinary citizen.
Napoles together. Whistleblowers testified that
Ong did business deals with Napoles. Ong is
GUILTY of violating Canons 2, 3, and 4.
Re; Letter of Per curiam decision on an administrative Give respect to gain respect. Judges and justices must give courtesy and
Presiding Justice matter arising from the Letter of Court of professional regard to each other. Judges are expected to carry out
Conrado Vasquez Appeals Presiding Justice Vasquez which judicial duties with appropriate consideration for all persons, such as
referred to the Supreme Court for appropriate the parties, witnesses, lawyers, court staff and judicial colleagues,
action the charges of impropriety among the CA without differentiation on any irrelevant ground, immaterial to the
Justices involved in the controversial GSIS- proper performance of such duties.
Meralco case. Pursuant to the said letter, the
SC formed a 3-person Panel of Investigators to
look into the matter.
Re: Decision in RP v Barrozo offered to rule a criminal case in favor The purpose of a proceeding for disbarment is to protect the
Barrozo of Valeriano in exchange of P20,000. He was administration of justice by requiring that those who exercise this
found GUILTY of direct bribery. Given that important function be competent, honorable and reliable - lawyers in
direct bribery is a crime of moral turpitude, whom courts and the public may repose confidence. Thus, whenever a
Barrozo is DISBARRED. clear case of degenerate and vile behavior disturbs that vital yet fragile
confidence, the Court shall not hesitate to rid the profession of odious
The Court is mindful that a lawyer's conviction of a crime
involving moral turpitude does not automatically call for the
imposition of the supreme penalty of disbarment. Suspension
may be imposed.
HOWEVER, it must be recalled that at the time of the
commission of the crime, Barrozo was an Assistant Public
Prosecutor. His act therefore of extorting money from a party to
a case handled by him does not only violate the requirement that
cases must be decided based on the merits of the parties'
respective evidence but also lessens the people's confidence
in the rule of law (since he was at a public office).
In Re Integration to The case challenges the constitutionality, the The Integrated Bar of the Philippines stands to do more good than
PH Bar creation and the need for the integrated bar of harm, and that the alleged weakening of other associations and other
the Philippines, where it is alleged that the evils have not manifested over the years in countries with similar
integration would weaken local bar integrated bars. It is also constitutional since the court merely exerts its
associations. power under Article VIII, Section 13 of the constitution which states
that the power to "to promulgate rules concerning pleading, practice,
and procedure in all courts, and the admission to the practice of law."
In: Matter of the The newly-elected officers were set to take their Intensive electioneering and overspending of the candidates.- Respect
Inquiry into the 1989 oath of office on July 4,1989, before the for law is gravely eroded when lawyers themselves, who are supposed to
Elections of IBP Supreme Court en banc. However,disturbed by be millions of the law, engage in unlawful practices and cavalierly brush
the widespread reports received by some aside the very rules that the IBP formulated for their observance.
members of the Court from lawyers who had
witnessed or participated in the proceedings
and the adverse comments published in the
columns of some newspapers about the
intensive electioneering and overspending by
the candidates, led by the main protagonists for
the office of president of the association,
namely, Attorneys Nereo Paculdo, Ramon
Nisce, and Violeta C. Drilon, the alleged use of
government planes, and the officious
intervention of certain public officials to
influence the voting, all of which were done in
violation of the IBP By-Laws which prohibit
such activities. The Supreme Court en banc,
exercising its power of supervision over the
Integrated Bar, resolved to suspend the oath-
taking of the IBP officers-elect and to inquire
into the veracity of the reports.
Cambaliza v Crtistal- Cambaliza, a former employee of respondent The lawyer's duty to prevent, or at the very least not to assist in, the
Tenorio Atty. Tenorio in her law office, charged the unauthorized practice of law is founded on public interest and policy.
latter with multiple conduct-related Public policy requires that the practice of law be limited to those
complaints. Tenorio is found GUILTY of individuals found duly qualified in education and character.
cooperating in the illegal practice of law, since
her husband is engaging in the unauthorized
practice of law.
E. Conrad v Navarro Dacanay reacquired his Philippine citizenship The practice of law is a privilege burdened with conditions. It is so
and intends to resume practice of law. SC ruled delicately affected with public interest that it is both a power and a duty
that he is applicable to do so, subject to (4) of the State (through this Court) to control and regulate it in order to
conditions listed below. protect and promote the public welfare.
Under RA 9225, if a person intends to practice the legal
profession in the Philippines and he reacquires his Filipino
citizenship pursuant to its provisions "(he) shall apply with
the proper authority for a license or permit to engage in
such practice." Stated otherwise, before a lawyer who
reacquires Filipino citizenship pursuant to RA 9225 can resume
his law practice, he must first secure from this Court the
authority to do so, conditioned on:
the updating and payment in full of the annual
membership dues in the IBP
the payment of professional tax
the completion of at least 36 credit hours of
mandatory continuing legal education; this is
specifically significant to refresh the applicant/petitioners
knowledge of Philippine laws and update him of legal
developments and
the retaking of the lawyers oath which will not only
remind him of his duties and responsibilities as a lawyer
and as an officer of the Court, but also renew his pledge to
maintain allegiance to the Republic of the Philippines.
Atty. Ortigas v Seeking the disbarment of respondent Atty. Purpose of disbarment is not meant as a punishment to deprive an
Navarro Felipe C. Navarro for malpractice and gross attorney of a means of livelihood but is rather intended to protect the
misconduct courts and the public from the misconduct of the officers of the court
and to ensure the proper administration of justice by requiring that
those who exercise this important function shall be competent,
honorable and trustworthy men in whom courts and clients may repose
Royong v. Oblena In view of his own findings as a result of his The continued possession of a fair private and professional character or
investigation, that even if respondent did not a good moral character is a requisite condition for the rightful
commit the alleged rape, nevertheless, he was continuance in the practice of law for one who has been admitted, and
guilty of other misconduct. The Solicitor its loss requires suspension or disbarment even though the statutes do
General made another complaint charging the not specify that as ground for disbarment.
respondent of falsely and deliberately alleging As former Chief Justice Moran observed: An applicant for license to
in his application for admission to the bar that practice law is required to show good moral character, or what he really
he is a person of good moral character, of living is, as distinguished from good reputation, or from the opinion generally
adulterously with Briccia Angeles at the same entertained of him, the estimate in which he is held by the public in the
time maintaining illicit relations with the 18 place where he is known.
year old Josefina Royong. Thus rendering him Respondent, therefore, did not possess a good moral character at the
unfit to practice law, praying that this Court time he applied for admission to the bar. He lived an adulterous life
render judgment ordering the permanent with Angeles, and the fact that people who knew him seemed to have
removal of the respondent as lawyer and judge. acquiesced to his status, did not render him a person of good moral
character. It is of no moment that his immoral state was discovered
then or now as he is clearly not fit to remain a member of the bar.
Cosmos Foundry v I aint even gonna try A legal counsel is expected to defend a clients cause but not at the
Lo Bu expense of truth and in defiance of the clear purpose of labor laws. For
even such case, Atty Busmente had not exculpated himself. He ought to
remember that his obligation as an officer of the court, no less than the
dignity of the profession, requires that should not act like an errand-boy
at the beck and call of his client, ready and eager to do his every
bidding. If he fails to keep that admonition in mind, then he puts into
serious question his good standing in the bar.
Dr. Alfonso v The case involves a complaint filed by a doctor However, considering their prior special relationship, the respondent
Juanson of medicine, Dr. Norbert L. Alfonso, charging and Sol's meetings could reasonably incite suspicion of either its
Judge Juanson with immorality and violation of continuance or revival and the concomitant intimacies expressive of
the Code of Judicial ethics, alleging that such relationship. Such indiscretions indubitably cast upon his conduct
Juanson and his wife Sol were having an affair. an appearance of impropriety. He thus violated:
- Canon 3 of the Canons of Judicial Ethics which mandates that a
judge's official conduct should be free from the appearance of
impropriety, and his personal behavior, not only upon the bench
and in the performance of judicial duties, but also in his
everyday life.
It has been said that a magistrate of the law must comport himself at
all times in such manner that his conduct, official or otherwise, can bear
the most searching scrutiny of the public that looks up to him as the
epitome of integrity and justice. The ethical principles and sense of
propriety of a judge are essential to the preservation of the faith of the
people in the judiciary.

Castaneda v Ago This is the dude that kept on filing MIs and Violation of Canon 1, Rule 1.03 (delay no man)
writs of prelim injunctions nonstop. It is the duty of the counsel to advice his client on the merit of lack of
his case. A lawyer must resist the whims and caprices of his client, and
temper his clients propensity to litigate.
In Re Tagorda Card subtly saying his qualifications was The most worthy and effective advertisement possible, even
passed around before elections. Indirect for a young lawyer, and especially with his brother lawyers, is
solicitation! the establishment of a well-merited reputation for professional
capacity and fidelity to trust.
Re: Letter of UP Uses Canon 10 and deals with honesty in LAWYERS MUST OBSERVE HONESTY AND CANDOR.
Faculty general.
In Re: Pet to Sign Dude forgot to sign Roll of Attys. Violation of Canon 9. Had a period where he engaged in unauthorized
Roll of Attys practice of law.
In Re: Joaquin Wasnt a lawyer, but was working as one in a Unauthorized practice of law is indirect contempt.
Borromeo sense.
Guevarra v Eala Lawyer had an affair with a married woman. Respondent has been carrying on an illicit affair with a married
woman, a grossly immoral conduct and indicative of an extremely low
regard for the fundamental ethics of his profession. This detestable
behavior renders him regrettably unfit and undeserving of the
treasured honor and privileges which his license confers upon him.
Also went against the Constitution+Family Law bc FAMILY IS AN
INVIOLABLE SOCIAL INSTITUTION and Canon 1 states that lawyers
must uphold the Constitution and obey the laws.
Cordova v Cordova Administrative case in the SC for Immorality of The most recent reconciliation between complainant and respondent,
a member of the Bar. The respondent never assuming the same to be real, does not excuse and wipe away the
moved to set aside the order of default, even misconduct and immoral behavior of the respondent earn carried out in
though notices were sent to him. In a public, and necessarily adversely reflecting upon him as a member of
telegraphic message dated Apr 6, the the Bar and upon the Philippine Bar itself.
complainant informed the commission that she An applicant for admission to membership in the bar is required to show
and her husband have already reconciled. that he possessed of good moral character. That requirement is not
exhausted and dispensed with upon admission to membership of the
Manalang v Angeles This is an administrative case against Atty Atty Angeles exhibited an uncaring lack of devotion to the interest of his
Angeles for grave misconduct as a lawyer and clients as well as want of zeal in the maintenance and defense of their
he stands charged with infidelity in the rights.
discharge of fiduciary obligations to his clients,
herein complainant Manalang. Atty Angeles got
part of the rewards from her clients case.
Businos v Ricafort Ricafort asked for a bond from his client, when It bears emphasis that a lawyer, under his oath
no such bond was required. He used it for his pledges himself not to delay any man for money or malice and is
own personal use. bound to conduct himself with all good fidelity to his clients. He
is obliged to report promptly the money of his clients that has come into
his possession. He should not commingle it with his private property or
use it for personal purposes without his clients consent. He should
maintain a reputation for honesty and fidelity to private trust.