Atty. Montero represented a client in an ejectment case. After his client lost at the MTC, Atty. Montero filed six total appeals, complaints, or petitions in an attempt to delay the execution of the adverse judgment, which was unethical. The Supreme Court suspended Atty. Montero for one year for abusing the judicial process and not representing his client with zeal within the bounds of the law.
Atty. Montero represented a client in an ejectment case. After his client lost at the MTC, Atty. Montero filed six total appeals, complaints, or petitions in an attempt to delay the execution of the adverse judgment, which was unethical. The Supreme Court suspended Atty. Montero for one year for abusing the judicial process and not representing his client with zeal within the bounds of the law.
Atty. Montero represented a client in an ejectment case. After his client lost at the MTC, Atty. Montero filed six total appeals, complaints, or petitions in an attempt to delay the execution of the adverse judgment, which was unethical. The Supreme Court suspended Atty. Montero for one year for abusing the judicial process and not representing his client with zeal within the bounds of the law.
CANON 18 A lawyer shall serve his client with competence and diligence. Llunar v. Ricafort, A.C. No. 6484 (2015) Facts Issue Decision Applicable Canon Atty. Ricafort was hired to Violation of CPR and IBP-CBD: Indefinite Rule 18.03 recover a parcel of land Lawyer’s Oath suspension from practice of Canon 16 subject to foreclosure law Canon 15 proceedings. Three years IBP-BOG: Disbarment and later, no action was filed by return to complainant the Atty. Ricafort. He refused 95k within 30 days from to return the P95K initially notice given to him. The complainant discovered that SC: Disbarment, removal Atty. Ricafort had been from the Roll of Attorneys, suspended indefinitely from and return P95K to the practice of law since complainant 2002. Rule 18.01 A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Rule 18.02 A lawyer shall not handle any legal matter without adequate preparation. Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Carandang vs. Obmina, A.C. No. 7813 (2009) Facts Issue Decision Applicable Canon Atty Obmina failed to Violation of CPR and IBP-CBD: Suspension for 1 Canon 18 inform Carandang the Lawyer’s Oath year Rule 18.03 progress of the case and the Rule 18.04 adverse decision of the IBP-BOG: Adopted court, and failed to inform Commissioner's them of their remedy to recommendations appeal the said adverse decision. As a result, SC: Suspension of 1 year Carandang lost the case as well as the house and lot. Rule 18.04 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. Duty to represent client with zeal within the bounds of the law CANON 19 A lawyer shall represent his client with zeal within the bounds of the law. Rule 19.01 A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Rule 19.02 A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Rule 19.03 A lawyer shall not allow his client to dictate the procedure in handling the case. Millare vs. Montero, 246 SCRA 1 Facts Issue Decision Applicable Canon 1. Atty. Eustaquio Montero represented Elsa Whether It is unethical for a Canon 19 Dy Co in an ejectment case filed against respondent is lawyer to abuse or Rule 19.01 her by Millare’s mother. guilty of violating wrongfully use the Rule 19.03 2. Pacifica Millare, the mother of the the duty to judicial process, like Rule 12.02 complainant, obtained a favorable represent the client the filing of dilatory Rule 12.04 judgment from the MTC which ordered with zeal the motions, repetitious respondent’s client to vacate the premises. bound of the law litigation and frivolous 3. Respondent filed a total of six appeals, appeals for the sole complaints or petitions to frustrate the purpose of frustrating execution of the MTC judgment. and delaying the 4. Respondent thereafter resorted to devious execution of a and underhanded means to delay the judgment. execution of the judgment rendered by the MTC adverse to his client. SUSPENDED for (1) year.