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Judicial officers do not have to suffer the brunt of unsuccessful or

dissatisfied litigants baseless and false imputations of their violating


the Constitution in resolving their cases and of harboring bias and
partiality towards the adverse parties. The litigant who baselessly
accuses them of such violations is not immune from appropriate
sanctions if he thereby affronts the administration of justice and
manifests a disrespect towards the judicial office (RE: Verified
Complaint of Engr. Oscar L. Ongjoco, Chairman of the Board/CEO of FH-
GYMN MultiPurpose and Transport Service Cooperative, against Hon. Juan
Enriquez, Jr., Hon. Ramon Bato, Jr., and Hon. Florito S. Macalino,
Associate Justices, Court of Appeals A.M. OCA IPI No. 11-184-CA-J,
January 31, 2012)

An attorney who wittingly represents and serves conflicting interests


may be suspended from the practice of law, or even disbarred when
circumstances so warrant. (Ferdinand Samson vs. Atty. Edgardo Era A.C.
No. 6664, July 16, 2013)

Although the practice of law is not a business, an attorney is entitled


to be properly compensated for the professional services rendered for
the client, who is bound by her express agreement to duly compensate
the attorney. The client may not deny her attorney such just
compensation. (Czarina Malvar vs. Kraft Food Phils. Inc. G.R. No. 183952,
September 9, 2013)

A lawyer who forges a court decision and represents it as that of a


court of law is guilty of the gravest misconduct and deserves the
supreme penalty of disbarment. (Atty. Oscar Embido, Regional Director
National Bureau of Investigation, Western Visayas Regional Officevs. Atty.
Salvador Pe, Jr. Assistant Provincial Prosecutor of San Jose, Antique A.C.
No. 6732, October 22, 2013)

A lawyer who commits overt acts of sexual harassment against a


female client is guilty of reprehensible conduct that is unbecoming of
a member of the Bar, and may be condignly punished with suspension
from the practice of law. (Jocelyn de Leon vs. Atty. Tyrone Pedreña A.C.
No 9401, October 22, 2013)

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A lawyer like the respondent is not to be sanctioned for every
perceived misconduct or wrong actuation. He is still to be presumed
innocent of wrongdoing until the proof arrayed against him
establishes otherwise. It is the burden of the complainant to properly
show that the assailed conduct or actuation constituted a breach of
the norms of professional conduct and legal ethics. Otherwise, the
lawyer merits exoneration. (Heinz Heck vs. City Prosecutor Casiano
Gamotin Jr, A.C. No. 5329, March 18, 2014)

Every lawyer is an officer of the Court. He has the duty and


responsibility to maintain his good moral character. In this regard,
good moral character is not only a condition precedent relating to his
admission into the practice of law, but is a continuing imposition in
order for him to maintain his membership in the Philippine Bar. Any
gross misconduct that puts his moral character in serious doubt
renders him unfit to continue in the practice of law. (Benjamin Ong vs.
Atty. William Delos Santos A.C. No. 10179 (Formerly CBD 11–2985), March
04, 2014)

A lawyer who willfully resorts to any falsehood in order to mislead


the courts or his clients on the status of their causes exhibits his
unworthiness to remain a member of the Law Profession. This is
because he is always expected to be honest and forthright in his
dealings with them. He thereby merits the condign sanction of
suspension from the practice of law, if not disbarment. (Henry Samonte
vs. Atty. Gines Abellana A.C. No. 3452, June 23, 2014)

Although the Court always admires members of the Bar who are
imbued with a high sense of vigilance to weed out from the Judiciary
the undesirable judges and inefficient or undeserving court personnel,
any acts taken in that direction should be unsullied by any taint of
insincerity or self-interest. (Presiding Judge Jose Madrid vs. Atty. Juan
Dealca A.C. No. 7474, September 09, 2014)

An anonymous complaint is always received with great caution,


originating as it does from a source unwilling to identify himself or

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herself. But the mere anonymity of the source should not call for the
outright dismissal of the complaint on the ground of its being baseless
or unfounded provided its allegations can be reliably verified and
properly substantiated by competent evidence. (Re: Anonymous Letter-
Complaint on the Alleged Involvement and for Engaging in the Business of
Lending Money at Usurious Rates of Interest of Ms. Dolores Lopes A.M. No.
2010-21-SC, September 30, 2014)

A lawyer may be disciplined for misconduct committed either in his


professional or private capacity. The test is whether his conduct
shows him to be wanting in moral character, honesty, probity, and
good demeanor, or whether his conduct renders him unworthy to
continue as an officer of the Court. (Jessie Campugan vs. Atty. Federico
Tolentino Jr. A.C. No. 8261, March 11, 2015)

The fiduciary duty of every lawyer towards his client requires him to
conscientiously act in advancing and safeguarding the latter's
interest. His failure or neglect to do so constitutes a serious breach of
his Lawyer's Oath and the canons of professional ethics, and renders
him liable for gross misconduct that may warrant his suspension
from the practice of law. (Angelito Ramiscal and Mercedes Orzame vs.
Atty. Edgar Orro A.C. No. 10945, February 23, 2016)

Under the revisions of Rule 139-B, the administrative complaints


against attorneys are generally not dismissed outright but are instead
referred for investigation, report and recommendation either to the
IBP, or the Office of the Bar Confidant (OBC), or any office of the Court
or even a judge of a lower court. (The Christian Spiritists in the
Philippines, Inc. vs. Atty. Daniel Mangallay A.C. No. 10483, March 16, 2016)

The attorney’s fees shall be those stipulated in the retainer’s


agreement between the client and the attorney, which constitutes the
law between the parties for as long as it is not contrary to law, good
morals, good customs, public policy or public order. In the absence of
the written agreement, the lawyer’s compensation shall be based on
quantum meruit, which means “as much as he deserved.” (Nenita
Sanchez vs. Atty Romeo Aguilos A.C. No. 10543, March 16, 2016)

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The good moral conduct or character must be possessed by lawyers at
the time of their application for admission to the Bar, and must be
maintained until retirement from the practice of law. It is expected
that every lawyer, being an officer of the Court, must not only be in
fact of good moral character, but must also be seen to be of good
moral character and leading lives in accordance with the highest
moral standards of the community. (Ma. Cecilia Advincula vs. Atty.
Leonardo Advincula A.C. No. 9226, June 14, 2016)

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