U.

P LAW BOC abon3298 LEGAL ETHICS

LEGAL ETHICS
CANONICAL DOCTRINES
LEGAL ETHICS
Practice of Law
CASE SUB-TOPIC SUMMARY HELD DOCTRINE
Cayetano v. Concept Respondent Christian The Court held that The practice of law is
Monsod Monsod was Monsod had been any activity, in or out
nominated by engaging in the of court, which
G.R. No. President Corazon C. practice of law. Atty. requires the
100113 | Aquino to the position Monsod’s past work application of law,
September 3, of Chairman of the experiences as a legal procedure,
1991 COMELEC. Petitioner lawyer-economist, a knowledge, training
opposed the lawyer-manager, a and experience. It is
nomination because lawyer-entrepreneur to give notice or
allegedly Monsod of industry, a lawyer- render any kind of
does not possess the negotiator of service, which device
required qualification contracts, and a or service requires the
of having been Iawyer-legislator of use in any degree of
engaged in the both the rich and the legal knowledge or
practice of law for at poor—verily more skill.
least ten years. than satisfy the
constitutional Padilla, Dissent:
requirement—that he According to Justice
has been engaged in Padilla, “practice”
the practice of law for refers to the actual
at least ten years. performance or
application of
knowledge as
distinguished from
mere possession of
knowledge: it
connotes an active,
habitual, repeated or
customary action. To
“practice” law, or any
profession for that
matter, means, to
exercise or pursue an
employment or
profession actively,
habitually, repeatedly
or customarily.

He enumerated four
factors that are useful
in determining
whether or not a

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person is practicing
law:
1. Habituality. The
term ‘practice of
law’ implies
customarily or
habitually holding
one’s self out to
the public as a
lawyer.
2. Compensation.
Practice of law
implies that one
must have
presented himself
to be in the active
and continued
practice of the
legal profession
and that his
professional
services are
available to the
public for
compensation, as
a service of his
livelihood or in
consideration of
his said services.
3. Application of
law, legal
principle,
practice or
procedure. which
calls for legal
knowledge,
training and
experience is
within the term
‘practice of law’.
4. Attorney-client
relationship.
Where a lawyer
undertakes an
activity which
requires
knowledge of law
but involves no
attorney-client
relationship, such
as teaching law or
writing law books
or articles, he
cannot be said to
be engaged in the
practice of his

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profession or a
lawyer.
Caronan v. Concept Patrick A. Caronan The Court held that The practice of law
Caronan filed a complaint since the complainant is a privilege.
before the never took the Bar The practice of law is
A.C. No. Commission on Bar Examinations, IBP a privilege limited to
11316 | July Discipline of the correctly citizens of good moral
12, 2016 Integrated Bar of the recommended that character.
Philippines, against the name “Patrick A. Respondent exhibited
his brother, “Atty. Caronan be stricken his dishonesty and
Patrick A. Caronan,” from the Roll of utter lack of moral
whose real name is Attorneys. fitness to be a
allegedly Richard A. member of the Bar
Caronan, for when he assumed the
purportedly assuming name, identity, and
Patrick’s identity and school records of his
falsely representing own brother
that the former has
the required Respondent and his
educational acts do not have a
qualifications to take place in the legal
the Bar Examinations profession where one
and be admitted to the of the primary duties
practice of law. The of its members is to
IBP-Board of uphold its integrity
Governors issued a and dignity
resolution adopting
the Investigating Admission into the
Commissioner’s bar requires certain
recommendation of qualifications
dropping the name No applicant for
“Patrick A. Caronan” admission to the bar
from the Roll of examination shall be
Attorneys and of admitted unless they
barring the name present a certificate
“Richard A. Caronan” that they have
from admission as a satisfied the Secretary
member of the Bar; of Education that,
and finally, for making before they began the
a mockery of the study of law, they had
judicial institution, the pursued and
IBP was directed to satisfactorily
institute appropriate completed in an
actions against authorized and
respondent. recognized university
or college, requiring
for admission thereto
the completion of a
four-year high school
course, the course of
study prescribed
therein for a
bachelor's degree in
arts or sciences with
any of the following
subject as major or
field of concentration:

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political science,
Logic, English,
Spanish, History, and
Economics.
In the Matter Continuing Petition seeking to The Court held that The requirement of
of the Dis- requirements disqualify Meling from Meling should be good moral character
qualification for member- taking the 2002 Bar sanctioned and is not only a condition
of Bar ship in the Examinations and to subsequently barred precedent to
Examinee bar impose appropriate from signing the Roll admission to the
Haron S. penalty as a member of Attorneys, stating practice of law, its
Meling in of the Philippine that by concealing the continued possession
the 2002 Bar Shari’a Bar due to existence of cases, he is also essential for
Examina- failure to disclose 3 flunked the test of remaining in the
tions and pending criminal fitness even if the practice of law.
For cases and using the cases are ultimately The disclosure
Disciplinary title “Attorney” despite proven to be requirement is
Action as not being a member of unwarranted or imposed by the Court
Member of the Bar. Meling insufficient to impugn to determine whether
the admitted that he did or affect the good there is satisfactory
Philippine not disclose the moral character of the evidence of good
Shari’a Bar criminal cases but applicant. moral character of the
only because retired applicant.
B.M. No. Judge Corocoy
1154 | June Monson (their former
8, 2004 professor) advised
him to settle his
misunderstanding
with the complainant.
Thus he believed in
good faith that the
case is closed and
terminated.
In re: Continuing 1966: Petitioner was The Court held that a A Filipino lawyer who
Petition to requirements admitted into the Bar Filipino lawyer who becomes a citizen of
re-acquire for member- becomes a citizen of another country and
the privilege ship in the 1981: Petitioner lost another country and later re- acquires his
to practice bar his Philippine later re-acquires his Philippine citizenship
law in the citizenship when he Philippine citizenship under R.A. No. 9225,
Philippines acquired US under R.A. No. 9225, remains to be a
of Muneses citizenship remains to be a member of the
member of the Philippine Bar.
B.M. No. 2006: re-acquired his Philippine Bar. However, the right to
2112 Philippine citizenship However, such is not resume the practice of
pursuant to Republic automatic. law is not automatic.
Act (R.A.) No. 9225 R.A. No. 9225
provides that a person
who intends to
practice his
profession in the
Philippines must
apply with the proper
authority for a license
or permit to engage in
such practice.
Cruz v. Mina Appearance The petitioner, third- The Court held that a In Sec 34, Rule 138,
of non- year law student law student, may appearance of a non-
lawyers Ferdinand Cruz, filed appear before an lawyer, as an agent or

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G.R. No. before the MeTC an inferior court as an friend of a party

154207 Entry of Appearance agent or friend of a litigant, is expressly
as a private party litigant, under allowed. Petitioner’s
prosecutor for his a Rule 138, Sec. 34 request was anchored
Grave Threats case on this
wherein his father is
the complaining On the other hand,
witness. He cited Rule Rule 138 – A,
138, Sec. 34 and provides for
Cantimbuhan v. conditions when a law
Judge Cruz, Jr., and student, not as an
claimed a non-lawyer agent or a friend of a
may appear before party litigant, may
the inferior courts as appear before the
an agent or friend of a courts.
party litigant. He
argued that he had
the conformity of the
public prosecutor and
a written authority of
his father appointing
him to be his agent.

Duties and Responsibilities of a Lawyer

CASE SUB-TOPIC SUMMARY HELD DOCTRINE
Zaldivar v. Society; Despite a Cease and The Court held that One of the
Gonzales Respect for Desist order from the Gonzalez is entitled to fundamental public
law and legal Supreme Court, the constitutional interests which limits,
G.R. Nos. processes Gonzales still guarantee of free to an extent, the
79690-707 | proceeded with the speech. However, the constitutional freedom
October 7, investigation and he freedom of speech of free speech, is the
1988 filed criminal and of expression, like maintenance of the
informations against all constitutional integrity and orderly
Zaldivar, the governor freedoms, is not functioning of the
who was accused of absolute and that administration of
graft and corruption. freedom of expression justice.
Respondent needs on occasion to
Gonzalez also be adjusted to and Criticism directed at
asserted that the accommodated with the Supreme Court is
Court was preventing the requirements of not prohibited,
him from prosecuting equally important however, as marked
"rich and powerful public interest. out by Justice Castro
persons," that the in In re: Almacen, the
Court was in effect Respondent following is worth
discrimination Gonzalez is entitled to noting: “It is the
between the rich and criticize the rulings of cardinal condition of
powerful on the one the Court, to point out all such criticism that it
hand and the poor where he feels the shall be bona fide,
and defenseless upon Court may have and shall not spill over
the other, and lapsed into error. the walls of decency
allowing "rich and Once more, however, and propriety. A wide
powerful" accused the right of criticism is chasm exists between
persons to go "scot- not unlimited fair criticism and
free" while abuse and slander of
presumably allowing courts and the judges
or affirming the thereof. Intemperate
and unfair criticism is

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conviction of poor and a gross violation of the

small offenders. duty of respect to
courts. It is such a
misconduct that
subjects a lawyer to
disciplinary action.”
Castañeda Society; Assisted by their The Court held that It is a lawyer's duty to
v. Ago Respect for lawyer, the their lawyer violated advise their clients on
law and legal respondents Canon 1.04 for trying the merits or lack
G.R. No. L- processes protracted the to "subvert the very thereof, of their case.
28546 | 1975 execution of ends of justice"- If they find that the
judgement for 14 instigating client's cause is
years through controversy and defenseless, they
manifold tactics in and conflict, instead of must advise the client
from several courts. being a mediator. to acquiesce and
They tried to avail of submit.
various judicial
processes in order to
thwart the satisfaction
of the judgment,
prejudicing the
petitioners.
Ledesma v. Society; Ledesma was The Court held that Membership in the bar
Climaco Efficient and appointed Election Ledesma should not is burdened with
G.R. No. L- convenient Registrar by the be allowed to conditions, the legal
23815 | June legal COMELEC for Cadiz, withdraw as counsel. profession is
28, 1974 services Negros Occidental. The right of an dedicated to the ideal
He was counsel de accused, especially in of service, and is not a
parte for one of the the case of an mere trade. A lawyer
accused in a criminal indigent defendant, in may be required to act
case pending in the a criminal case to be as counsel de officio
sala of respondent represented by to aid in the
Judge Climaco. counsel is a administration of
Ledesma filed a constitutional right of justice, even if such
motion to withdraw as the highest services are rendered
counsel for two importance. The without pay should be
accused because he petitioner’s withdrawal of non-importance.
was not in a position is an act showing his
to devote full time to lack of fidelity to the
the defense of the duty required of the
accused. Respondent legal profession.
Judge denied the
motion to withdraw,
and appointed
Ledesma as counsel
de officio for the two
defendants, stating
that to allow
withdrawal would
cause delay on the
proceedings.
Linsangan Society; In 2005, Atty. Pedro The Court held that By recruiting another
v. Tolentino Efficient and Linsangan filed an Atty. Tolentino lawyer's clients, Atty.
convenient administrative violated Rules 1.03, Tolentino committed
A.C. No. legal complaint against 2.03, and 16.04 of the an unethical,
6672 | services Atty. Nicomedes Code of Professional predatory overstep
Tolentino alleging that Responsibility. into another’s legal

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September 4, Atty. Tolentino, Although Atty. practice. Additionally,

2009 through his paralegal Tolentino initially the printing of calling
Fe Marie Labiano, denied knowing cards offering
“pirated” a client of Labiano, he admitted financial assistance,
Atty. Linsangan. Said he actually knew her aside from the offering
client later executed later in the of legal services,
an affidavit in support proceedings. It is thus would result in the
of Atty. Linsangan’s clear that Labiano lawyer acquiring an
allegations. was connected to his interest in the subject
law office. Through matter of the case or
Atty. Linsangan also Labiano’s actions, an additional stake in
questioned the Atty. Tolentino’s law its outcome. This may
propriety of Labiano’s practice was lead the lawyer to
calling card. In his benefited. consider their own
defense, Atty. recovery rather than
Tolentino denied Additionally, that of their client, or
knowing Labiano. He Labiano’s calling card to accept a settlement
also denied is improper. The card which may take care
authorizing the made it appear that of their interest in the
printing of such calling the law office will verdict to the
cards. finance legal actions prejudice of the client
for the clients. The in violation of his duty
rule is, a lawyer shall of undivided fidelity to
not lend money to a the client’s cause.
client except, when in
the interest of justice,
he has to advance
necessary expenses
in a legal matter he is
handling for the client.
Mapalad, Sr. Society; The Notice of Appeal Despite non- Atty. Echanez’s acts
v. Echanez Participation and Appellants’ Brief compliance with Bar of: (a) not complying
in legal filed by Echanez, as Matter No. 850, with two MCLEs for
A.C. No. education counsel of the respondent two compliance
10911 | June program defendants in a case repeatedly indicated a periods; (b)
6, 2017 involving complainant false MCLE repeatedly indicating
as plaintiff, indicated compliance number in false MCLE
Echanez’ MCLE his pleadings before compliance numbers
Compliance No. II- the trial courts. The in his pleadings
0014038 without respondent also before the trial courts;
indicating the date of repeatedly failed to and (c) repeatedly
issue thereof. Upon obey legal orders of failing to obey legal
inquiry with the MCLE the trial court, the IBP- orders of trial court,
Office, complainant CBD, and also this IBP Commission on
discovered that Court despite due Bar Discipline and
respondent had no notice. Enchavez is also the Supreme
MCLE compliance as DISBARRED from the Court despite due
required under Bar practice of law. notice, taken together,
Matter No. 850. constitute serious
cases which merit
disbarment.
Roque v. The legal Roque alleges that The Court held that A lawyer shall conduct
Balbin profession; shortly after the the respondent's acts himself with courtesy,
Courtesy, respondent secured a demonstrated a fairness and candor
A.C. No. fairness, and favorable judgment misuse of the legal towards his
7088 | candor for his client and on processes available to professional
towards appeal, started him and his client, colleagues, and shall

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December professional intimidating, especially considering avoid harassing

04, 2018 colleagues harassing, that the aim of every tactics against
blackmailing, and lawsuit should be to opposing counsel.
maliciously render justice to the
threatening parties according to
complainant into law, not to harass
withdrawing the case them. More
filed by his client. significantly, the
According to Roque, foregoing showed
respondent would respondent's lack of
make various respect and
telephone calls and despicable behavior
send text messages towards a colleague
and e-mails not just to in the legal
him, but also to his profession, and
friends and other constituted conduct
clients, threatening to unbecoming of a
file disbarment and/or member thereof.
criminal suits against
him. Further, and in
view of complainant's
"high profile" stature,
respondent also
threatened to
publicize such suits in
order to besmirch
and/or destroy
complainant's name
and reputation.
Supreme The courts; Falcis was held liable The Court held him in The requirement
Court Respect for for direct contempt by direct contempt, under Canon 11 of the
Resolution the courts the Court because of explaining that it does Code of Professional
in Falcis III and judicial his acts during the not insist on sartorial Responsibility for
vs. Civil officers preliminary pomposity nor lawyers to observe
Registrar conference. Aside prescribe immutable and maintain the
General from his minutiae for physical respect due to the
contemptuous appearance. Still, Courts and to judicial
G.R. No. actions, he was professional courtesy officers and to insist
217910 | July wearing a casual demands that on similar conduct by
3, 2018 jacket, cropped jeans, persons, especially others, also
and loafers without lawyers, having encompasses
socks. In his business before appearances before
Compliance, Falcis courts, act with courts in proper attire.
apologized for his discretion and
poor decorum and manifest this
appearance. He discretion in their
explained that he had choice of apparel.
engaged
MOSVELDTT to
assist him in the oral
arguments but due to
miscommunication,
the handling lawyer
was unable to file
entry of appearance.
Falcis, being the only
counsel on record,

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was obliged to attend

the conference. It was
too late for him to
change to a more
appropriate attire.
PNB v. Uy The courts; One of the attorneys With respect to the Wen a lawyer is a
Tieng Pao Assistance in for the plaintiff testimony of the witness for his client,
the speedy testified that the bank's attorney, the except as to merely
G.R. No L- and efficient defendant renounced Court stated that formal matters, such
35252 | administra- his right to redeem the although the law does as the attestation or
October 21, tion of justice parcel of land in Calle not forbid an attorney custody of an
1932 Ronquillo, Exhibit 1, to be a witness and at instrument and the
because a friend of the same time an like, he should leave
the defendant was attorney in a cause, the trial of the case to
interested in buying it. the courts prefer that other counsel. Except
counsel should not when essential to
testify as a witness the ends of justice, a
unless it is necessary, lawyer should avoid
and that they should testifying in court in
withdraw from the behalf of his client.
active management of
the case.
Nestle The courts; Members of The Court accepted The Court will apply
Philippines, Reliance on respondent labor the apology but the full force of the law
Inc. v. merits of unions conducted warned that such and punish for
Sanchez case, not on pickets in front of the lenience will not be contempt those who
impropriety Supreme Court which shown in the future. It attempt to pressure
G.R. No. tending to at times obstructed is their duty as officers the Court into acting in
75209 | influence the egress the Court of the court to properly one way or another in
September courts premises, even as apprise their clients any case pending
30, 1987 they were warned that on matters of before it. Grievances
such acts constituted decorum and proper must be coursed
direct contempt. The attitude toward courts through the proper
leaders of the unions of justice, and to labor channels in keeping
as well as their legal leaders of the with the respect due
counsel, Atty. Espina, importance of a to courts as impartial
were called before the continuing administrators of
Court to show cause educational program justice.
why they should not for their members.
be held in contempt of
Court. Espina
apologized and
assured the Court that
the acts will not be
repeated.
Foodsphere The courts; Cordero bought a can The Court held that Recourse to the
v. Mauricio Reliance on of CDO Liver Spread Atty. Mauricio has media, after being told
Jr. merits of which had worms violated the code of to desist from such, is
AC No. 7199 case, not on inside. After professional a breach of the
| July 22, impropriety confirmation by BFAD responsibility. His lawyer’s oath and
2009 tending to and conciliation recourse to the media, several rules
influence the meetings between even after being told embodied in the Code
courts Cordero and to desist from such, of Professional
Foodsphere, there was a clear breach of Responsibility.
was an agreement to the lawyer’s oath and
withdraw complaint ethics embodied in
before BFAD. BFAD the Code of

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dismissed the Professional

complaint. Responsibility.
Respondent Atty.
Mauricio kept
threatening
complainant that it
would publish articles
that would discredit its
products unless
Foodsphere will
advertise in its
newspapers and
radio/television
programs.
Foodsphere filed
criminal complaints
against respondent.
Despite pendency of
the civil case and
issuance of a status
quo order
restraining/enjoining
further publishing,
televising, and
broadcasting of any
matter relative to
Foodsphere, Atty.
Mauricio continued
with his attacks
against complainant
and its products.
Blanza v. The clients; Complainants The Court dismissed A lawyer has a more
Arcangel Availability of Olegaria Blanza and the charges against dynamic and positive
service Maria Pasion ask this respondent for being role in the community
A.C. No. 492 without Court to take legally insufficient, but than merely
| September discrimina- disciplinary action reminded Atty. complying with the
5, 1967 tion; Valid against respondent Arcangel of the high minimal technicalities
grounds for Atty. Agustin Arcangel standards of the of the statute. As a
refusal to for professional non- practice of law. man of law, he is
service feasance. Respondent necessarily a leader
Respondent overlooks the fact that of the community,
volunteered to help he volunteered his looked up to as a
them in their pension professional services model citizen. His
claims in connection and thus was not conduct must,
with the deaths of legally entitled to perforce, be par
their husbands. They recover fees. Having excellence, especially
handed over to him established the so when, as in this
the pertinent attorney-client case, he volunteers
documents and also relationship his professional
affixed their voluntarily, he was services. Respondent
signatures on blank bound to attend to here has not lived up
papers. But complainants' claims to that ideal standard.
subsequently, they with all due diligence.
noticed that since
then, respondent had
lost interest in the
progress of their

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claims and when they

finally asked for the
return of their papers
six years later,
respondent refused to
surrender them.
Respondent said that
his failure to
immediately return
them was due to
complainants' refusal
to hand him the
money to pay for the
photostating costs
which prevented him
from withdrawing said
documents from the
photostat service.
Mercado v. The clients; Rosa Mercado is The Supreme Court Matters disclosed by a
Vitriolo Candor, seeking for the ruled that Atty. prospective client to a
fairness, disbarment of Atty. Vitriolio did not violate lawyer are protected
A.C. No. loyalty to Julito Vitriolo as he the rule on privileged by the rule on
5108 | May clients; allegedly maliciously communication privileged
26, 2005 Confidentia- filed a criminal case between attorney- communication even
lity rule for falsification of client when he filed if the prospective
public documents the criminal case for client does not
against her thereby falsification. The thereafter retain the
violating the attorney- evidence on record lawyer or the latter
client privilege. It fails to substantiate declines the
appears that Vitriolo complainants employment. The
filed a case against allegations. reason for this is to
complainant as she Complainant did not make the prospective
apparently made false even specify the client free to discuss
entries in the alleged whatever he wishes
certificate of live birth communication with the lawyer
of her children. More disclosed by the without fear that what
specifically she respondents. All her he tells the lawyer will
allegedly indicated claims were couched be divulged or used
that she is married to in general terms and against him, and for
a certain Ferdinand lacked specificity. the lawyer to be
Fernandez when in Indeed, the complaint equally free to obtain
fact her real husband failed to attend the information from the
is Ruben Mercado. hearings at the IBP. prospective client.
Mercado claims that Without any testimony
by filing the complaint from the complainant On the other hand, a
the attorney client as to the specific communication from a
privilege has been confidential (prospective) client to
violated. Mercado information allegedly a lawyer for some
filed a case for divulged by purpose other than on
Vitriolos’ disbarment. respondent without account of the
her consent, it would (prospective)
be difficult if not attorney-client relation
impossible to is not privileged.
determine if there was
any violation of the
rule on privileged
communication. Such

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information is a crucial
link in establishing a
breach of the rule on
privileged
communication
between attorney and
client. It is not enough
to merely assert the
attorney client
privilege. The burden
of proving that the
privilege applies is
placed upon the party
asserting the
privilege.
Hornilla v. The clients; Complainants, who The Supreme Court
Salunat Candor, are members of the held that a lawyer
(Resolution) fairness, PPSTA, filed an intra engaged as counsel
loyalty to corporate case for a corporation
A.C. No. clients; against its members cannot represent
5804 | July 1, Conflict of of the Board of members of the same
2003 interest Directors before the corporation's board of
SEC. PPSTA retained directors in a in behalf of one client,
as counsel, the ASSA derivative suit brought
Law Firm, of which against them.
respondent attorney is Respondent was
the managing partner. guilty of conflict of
Respondent attorney interest, which is
subsequently acted prohibited by the
as counsel of record Code of Professional
for the respondent Responsibility, when
Board of Directors of he represented the
the PPSTA in the said parties against whom
case. his other client, the
PPSTA, filed suit.
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abon3298
LEGAL ETHICS
There is conflict of
interest when a lawyer
represents
inconsistent interests
of two or more
opposing parties. The
test is "whether or not
it is the lawyer's duty
to fight for an issue or
claim, but it is his duty
to oppose it for the
other client. In brief, if
he argues for one
client, this argument
will be opposed by
him when he argues
for the other client."
This rule covers not
only cases in which
confidential
communications have
been confided, but
also those in which no
confidence has been
bestowed or will be
used. Also, there is
conflict of interests if
the acceptance of the
new retainer will
require the attorney to
perform an act which
will injuriously affect
his first client in any
matter in which he
represents him and
also whether he will
be called upon in his
new relation to use
against his first client
any knowledge
acquired through their
U.P LAW BOC abon3298 LEGAL ETHICS

connection. Another
test of the
inconsistency of
interests is whether
the acceptance of a
new relation will
prevent an attorney
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.
Albano v. The clients; Angel Albano and his According to the Court Any counsel worthy of
Coloma Attorney’s mother retained the any counsel is entitled his hire is entitled to
fees services of Atty. to be fully be fully recompensed
Adm. Case Coloma in a civil case recompensed for his for his services. With
No. 528 | during the Japanese services. He is his capital consisting
October 11, Occupation. Albano entitled to the solely of his brains
1967 filed disbarment protection of any and with his skill,
complaint and this judicial tribunal acquired at
caused Atty. Coloma against any attempt tremendous cost not
to intervene in the on the part of a client only in money but in
case to collect her to escape payment of the expenditure of
attorney’s fees, by his fees. Since Albano time and energy, he is
which she showed a failed to substantiate entitled to the
document containing his claims against protection of any
their agreement for Atty. Coloma, the judicial tribunal
her to receive 1/3 of charge against the against any attempt of
whatever could be latter is dismissed. the part of the client to
recovered from the Regarding the escape payment of
said civil case. Albano allegedly forged his fees
alleged that their document, Court
signature appearing found decisions of the
on the said document lower courts affirming
was falsified, as authenticity of the
certified by the NBI. In document as
her defense, Atty. constituting res
Coloma showed proof judicata.
that she won the case
in favor of the
Albanos. She also
said that it was the
Albanos who
disowned their
agreement to pay
when the case was
already won.
Masmud v. The clients; Alexander Masmud, The Court ruled that Two concepts of
NLRC Attorney’s in a labor case for the ordinary concept attorney’s fees –
fees money claims, of attorney’s fees 1. In the ordinary
G.R. No. engaged in the under Sec. 24, Rule concept,
183385 | services of Atty. Go 138 of the Rules of attorney’s fees
February 13, wherein they agreed Court should be represent the
2009 on a contingent fee applied in this case reasonable

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contract regarding and not the compensation

attorney’s fees. He is extraordinary concept paid to a lawyer
to pay Atty. Go 20% of which is under Art. by his client for
the total money claims 111 of the Labor the legal services
as settled or paid and Code. Evangelina rendered to the
an additional 10% in sustained no latter.
case of appeal. damages recoverable 2. In the
Alexander later died as attorney’s fees in extraordinary
and was substituted contrast to what is concept,
by his wife, stated in the labor attorney’s fees
Evangelina Masmud. statute. The may be awarded
When she was contingent fee by the court as
awarded the money contract between indemnity for
claims, Evangelina Alexander and Atty. damages to be
only paid Atty. Go the Go controls the paid by the losing
20% of the award. amount that should be party to the
Atty. Go filed a paid based on Sec. prevailing party.
complaint against 24, Rule 138 of the Contingent fee
Evangelina averring Rules of Court. contracts are subject
that she renegaded to the supervision and
their agreement on his close scrutiny of the
attorney’s fees by only court in order that
paying the 20%. clients may be
Evangelina protected from unjust
commented that Atty. charges. A much
Go’s claim of 40% higher compensation
[20% on total money is allowed as
claims and 20% for contingent fees
the case was because of the risk
appealed twice] is null that the lawyer may
and void as against get nothing if the suit
Art. 111 of the Labor fails.
Code.
The fact that a lawyer
plays a vital role in the
administration of
justice emphasizes
the need to secure to
him his honorarium
lawfully earned as a
means to preserve the
decorum and
respectability of the
legal profession.

Suspension, Disbarment, and Discipline

CASE SUB-TOPIC SUMMARY HELD DOCTRINE
In the Matter Grounds Diao was admitted to The Court held that A lawyer may be
of the the Bar in 1953 after Diao was not qualified disbarred from
Petition for passing the to take the Bar misrepresentation or
Disbarment corresponding Examinations and his false pretense relative
of Telesforo examinations. Two subsequent passing to the requirements
A. Diao years later, Martinez of the Bar exam did for admission to
charged him with not cure the defect of practice. The fact that
A.C. No. 244 falsely representing lack of other he lacked any of the
| March 29, his qualifications for requirements. To qualifications for
1963 the bar exam qualify for the bar membership at the

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After investigation by exam, an applicant time he took his oath

the OSG, Diao was must have is a ground for his
recommended to be successfully disbarment. Passing
removed from the Roll completed his pre- the bar is not the only
of Attorneys for the legal education (A.A) qualification to
following reasons: previous to the study become an attorney.
1. Diao did not of law as required by Taking the prescribed
complete his high the Department of courses of legal study
school training Private Education. is equally essential.
2. Diao never The fact that he
attended passed the exam is
Quisumbing immaterial because
College (Q.C.) passing is not the only
where he claimed qualification to
to have received become an attorney.
his Associate in Taking the prescribed
Arts (A.A.) courses of legal study
Diploma is equally essential.

JUDICIAL CONDUCT
Qualities
CASE SUB-TOPIC SUMMARY HELD DOCTRINE
Libarios v. Indepen- In relation to the The Court held that In every case, a
Dabalos dence frustrated murder of the judge violated the Judge should
Mayor Corvera, Sr. Code of Judicial endeavor diligently to
A.M. No. against accused Calo Conduct. He should ascertain the facts
RTJ-89-1286 and Allocod, the not have allowed and the applicable law
respondent Judge himself to be swayed unswayed by partisan
issued warrants of into issuing an order or personal interests,
arrest and, at the fixing bail for the public opinion, or fear
same time, fixed their temporary release of of criticism. A judge
bail for temporary the accused charged should not only render
release - both with murder, without a a just, correct and
accomplished without hearing, contrary to impartial decision but
a hearing. established principles should do so in a
of law. manner as to be free
In this administrative from any suspicion as
complaint, the to his fairness,
complainant claimed impartiality and
that the act of the integrity.
respondent Judge in
granting bail to the
accused Calo and
Allocod, without a
hearing, is tantamount
to gross ignorance
and willful, malicious,
and blatant disregard
of the provisions of
Sec. 5, Rule 114 of
the Rules on Criminal
Procedure. The
impartiality of
respondent Judge in
issuing the

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questioned warrants
of arrest but allowing
bail is also questioned
on the ground of his
“close association”
with the accused
Calo, since
respondent Judge
was the former
employee of the
accused.
Dela Cruz v. Integrity Judge was The Court stated that The people’s
Bersamira fraternizing with the in Canon 2 of the confidence in the
lawyers and litigants Code of Judicial judicial system is
G.R. No. in his cases. He was Conduct, a judge founded not only on
87700 | June suspected to show should avoid the magnitude of legal
13, 1990 favors to some where impropriety and the knowledge and the
in a single instance, appearance of diligence of the
he never issued a impropriety in all his members of the
warrant of arrest activities. A judge is bench, but also on the
despite the absence not only required to be highest standard of
of the accused. He impartial; he must integrity and moral
permitted a lawyer to also appear to be uprightness they are
enter his sala despite impartial. Fraternizing expected to possess
the prohibition against with litigants tarnishes By the very nature of
litigants with pending this appearance. It the bench, judges,
cases to do so. was, thus, held that it more than the
is improper for a judge average man, are
to meet privately with required to observe
the accused without an exacting standard
the presence of the of morality and
complainant. decency.

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 as a
private individual.
People v. Impartiality This is a case in which The Court held that in The courts cannot
Veneracion a judge, fully aware of refusing to impose the impose a penalty
the appropriate penalty prescribed by lower than that
G.R. Nos. provisions of the law, law, the judge acted prescribed by law. As
119987-88 | refuses to impose a with grave abuse of long as that penalty
October 12, penalty to which he discretion. In so remains in the statute
1995 disagrees. doing, respondent books, and as long as
judge acted without or our criminal law
After being found in excess of his provides for its
guilty of rape with jurisdiction or with imposition in certain
homicide, the grave abuse of cases, it is the duty of
mandatory penalty of discretion amounting judicial officers to
death was supposed to a lack of jurisdiction respect and apply the

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to be imposed on the in imposing the law regardless of their

convicted. However, penalty of Reclusion private opinions or
due to the religious Perpetua where the religious convictions.
beliefs of the judge, law clearly imposes
such was not the penalty of Death.
imposed.

Discipline of Members of the Judiciary

CASE SUB-TOPIC SUMMARY HELD DOCTRINE
Republic v. Impeach- The case revolves The Court held that In this case, the
Sereno ment around the impeachment is not Supreme Court
questioning of an exclusive remedy granted the quo
G.R. No. Sereno’s assumption by which an invalidly warranto petition of
237428 | as CJ under the color elected impeachable the government
May 11, of an executive official may be thereby removing
2018 appointment, alleged removed from office. Chief Justice Sereno
to be a public wrong A quo warranto from office. The court
correctible by Quo covers an act or reasoned that
Warranto. The omission committed impeachment refers
Republic alleged that prior to or at the time to an offense done by
Sereno failed to show of appointment or the public official
that she is a person of election relating to an during his term of
proven integrity which official's qualifications office and there is a
is an indispensable to hold office as to presumption that said
qualification for render such official legally holds
membership in the appointment or that office. In a quo
Judiciary and election invalid, warranto proceeding,
because she failed to provided that the the question goes to
submit complete requisites for the the legality of the
SALNs, her integrity commencement appointment. There is
remains unproven. thereof are present. no question on the
Failure to submit her validity of the officer’s
SALNs required by title to the office in an
the JBC disqualifies impeachment
her from being a hearing.
candidate for the
position of CJ. Compare with the
Court's decision in
In In re: Charges of
Plagiarism, etc.
against Associate
Justice del Castillo,
A.M. No. 10-7- 17-SC
(2011), wherein the
Court stated that the
sole disciplining
authority of all
impeachable officers,
including Justices of
the Supreme Court, is
Congress.
Impeachment, though
a political process,
also serves as an
administrative
disciplinary

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proceeding against an
impeachable officer
as they are not subject
to the ordinary
disciplinary
proceeding initiated
by the Judiciary or the
Executive.

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