Noel Adrian G.

Mataranas
Case Digest on Alawi vs. Alauya (268 SCRA 639)
Facts:
Sophia Alawi was (and presumably still is) a sales representative (or coordinator)
of E.B. Villarosa & Partners Co., Ltd. of Davao City, a real estate and housing company.
Ashari M. Alauya is the incumbent executive clerk of court of the 4th Judicial Shari'a
District in Marawi City, they were classmates, and used to be friends.
It appears that a contract was signed through Alawi's representation for Alauya to
purchase one of the housing units owned by the stated firm (hereafter known as
Villarosa & Co.) over the course of installments. Additionally, a housing loan was also
given to Alauya in connection with that contract by the National Home Mortgage
Finance Corporation (NHMFC).
Sophia Alawi filed with this Court a verified complaint dated January 25, 1996 to
which she appended a copy of the letter, and of the above mentioned envelope bearing
the typewritten words, "Free Postage - PD 26."1 In that complaint, she accused Alauya
of:
1. "Imputation of malicious and libelous charges with no solid grounds through manifest
ignorance and evident bad faith;"

2. "Causing undue injury to, and blemishing her honor and established reputation;"

3. "Unauthorized enjoyment of the privilege of free postage . . .;" and

4. Usurpation of the title of "attorney," which only regular members of the Philippine Bar
may properly use.
Alauya justified his use of the title, "attorney," by the assertion that it is "lexically
synonymous" with "Counsellors-at-law." a title to which Shari'a lawyers have a rightful
claim, adding that he prefers the title of "attorney" because "counsellor" is often
mistaken for "councilor," "konsehal" or the Maranao term "consial," connoting a local
legislator beholden to the mayor. Withal, he does not consider himself a lawyer.
Alauya requests that the complaint be dismissed for lack of merit, claiming that
the allegations are "fallacious, malicious, and baseless," and that complainant Alawi has
come before the court with unclean hands because her involvement in the fraudulent
housing loan is clear and demonstrable. Alauya also claims that the acts in question
were performed without malice.
 It may be mentioned that in contrast to his two (2) letters to Assistant Clerk of
Court Marasigan (dated April 19, 1996 and April 22, 1996), and his two (2) earlier letters
both dated December 15, 1996 all of which he signed as "Atty. Ashary M. Alauya" in his
Comment of June 5, 1996, he does not use the title but refers to himself as "DATU
ASHARY M. ALAUYA."
Issue/s:
Whether or not Ashary M. Alauya is entitled to use the title "Attorney" despite the
fact that he is not a full-fledged member of the Philippines Bar.
Ruling:
Respondent Ashari M. Alauya is hereby REPRIMANDED for the use of
excessively intemperate, insulting or virulent language, i.e., language unbecoming a
judicial officer, and for usurping the title of attorney; and he is warned that any similar or
other impropriety or misconduct in the future will be dealt with more severely.
Noel Adrian G. Mataranas

Case Digest on People vs. Villanueva (14 SCRA 111)

Facts:
On September 4, 1959, the Chief of Police of Alaminos, Laguna, charged
Simplicio Villanueva with the Crime of Malicious Mischief before the Justice of thePeace
Court of said municipality. Villanueva was represented by counsel de officio but later on
replaced by counsel de parte. The complainant in the same case was represented by
City Attorney Ariston Fule of San Pablo City, having entered his appearance as private
prosecutor, after securing the permission of the Secretary of Justice. The condition of
his appearance as such, was that every time he would appear at the trial of the case, he
would be considered on official leave of absence, and that he would not receive any
payment for his services.
The appearance of City Attorney Fule as private prosecutor was questioned by the
counsel for the accused, invoking the case of Aquino, et al. vs. Blanco, et al., wherein it
was ruled that "when an attorney had been appointed to the position of Assistant
Provincial Fiscal or City Fiscal and there in qualified, by operation of law, he ceased to
engage in private law practice."

Issue/s:
Whether Attorney Ariston Fule is capable of engaging in private law practice
despite the fact that he is appointed as Assistant City Attorney.
Ruling:
Yes, Attorney Ariston D. Fule is capable of engaging in private law practice.
According to the court, City Attorney Fule's isolated appearance did not establish private
practice as defined and intended by the Rules. As an agent or friend of the offended
party, Assistant City Attorney Fule appeared at the Justice of the Peace Court. He didn't
seem to be receiving payment for his services or appearing in a professional capacity.
Because the prosecution of criminal charges coming from the municipality of Alaminos
is handled by the Office of the Provincial Fiscal and not the City Attorney of San Pablo,
he had no control or involvement in any way in the prosecution of crimes committed in
the municipality of Alaminos, Laguna.
Noel Adrian G. Mataranas

Case Digest on Cayetano vs. Monsod (201 SCRA 210)

Facts:
Christian Monsod was nominated by President Corazon C. Aquino to the position
of Chairman of the COMELEC in a letter received by the Secretariat of the Commission
on Appointments on April 25, 1991. Petitioner opposed the nomination because
allegedly Monsod does not possess the required qualification of having been engaged
in the practice of law for at least ten years.
Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar
examinations of 1960 with a grade of 86-55%. He has been a dues paying member of
the Integrated Bar of the Philippines since its inception in 1972-73. He has also been
paying his professional license fees as lawyer for more than ten years.
The 1987 constitution provides in Section 1, Article IX-C: There shall be a
Commission on Elections composed of a Chairman and six Commissioners who shall
be natural-born citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, holders of a college degree, and must not have been candidates
for any elective position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.
Issue/s:
Whether or not Atty. Christian Monsod possesses the required qualification of
having engaged in the practice of law for at least ten years.
Ruling:
Atty. Monsod's prior job experience as a lawyer-economist, lawyer-manager,
lawyer-entrepreneur of industry, lawyer-negotiator of contracts, and lawyer-legislator of
the rich and the poor verily more than fulfill the constitutional qualification for the office
of COMELEC chairman. In light of the aforementioned, the petition is DISMISSED.
Noel Adrian G. Mataranas

Case Digest on Ulep vs. The Legal Clinic (B.M. No. 553; 17 June 1993)

Facts:
Ads by The Legal Clinic, Inc. are "champertous, unethical, demeaning of the law
profession, and destructive of the confidence of the community in the integrity of the
members of the bar", says IBP. IBP declares in no uncertain terms its opposition to
respondent's act of establishing a "legal clinic" and of concomitantly advertising the
same through newspaper publications.
The IBP is aware of the fact that providing computerized legal research,
electronic data gathering, storage and retrieval, standardized legal forms, investigators
for gathering of evidence, and like services will greatly benefit the legal profession and
should not be stifled but instead encouraged. However, when the conduct of such
business by non-members of the Bar encroaches upon the practice of law, there can be
no choice but to prohibit such business.
Issue/s:
Whether or not the services offered by respondent, The Legal Clinic, Inc., as
advertised by it constitutes practice of law.
Ruling:
Practice of law means any activity, in or out of court, which requires the
application of law, legal procedures, knowledge, training and experience. It includes
legal advice and counsel, and the preparation of legal instruments and contracts by
which legal rights are secured, although such matter may or may not be pending in a
court. In providing information about foreign laws on marriage, divorce and adoption, it
strains credulity of this Court that all that respondent corporation will simply do is look
for the law, furnish a copy and stop there.
Paralegals in the Philippines are not trained professionals as there are in the
United States, although there are schools and universities there which offer studies and
degrees in paralegal education. Anent the issue on the validity of the questioned
advertisements, the Code of Professional Responsibility provides that a lawyer shall use
only true, honest, fair, dignified and objective information or statement of facts. Atty.
Rogelio P. Nogales has been warned against repeating the same or comparable actions
that are the subject of this procedure in order to avoid severe punishments.
Noel Adrian G. Mataranas

Case Digest on Bongalonta vs. Castillo (240 SCRA 310)

Facts:
In a sworn letter-complaint dated February 15, 1995, addressed to the
Commission on Bar Discipline, National Grievance Investigation Office, Integrated Bar
of the Philippines, complainant Sally Bongalonta charged Pablito M. Castillo and
Alfonso M. Martija, members of the Philippine Bar, with unjust and unethical conduct, to
wit: representing conflicting interests and abetting a scheme to frustrate the execution or
satisfaction of a judgment which complainant might obtain.
The letter-complaint stated that complainant filed with the Regional Trial Court of
Pasig, Criminal Case No. 7635-55, for estafa, against the Sps. Luisa and Solomer
Abuel. She also filed, a separate civil action Civil Case No. 56934, where she was able
to obtain a writ of preliminary attachment and by virtue thereof, a piece of real property
situated in Pasig, Rizal and registered in the name of the Sps. Abuel under TCT No.
38374 was attached. Atty. Pablito Castillo was the counsel of the Sps. Abuel in the
aforesaid criminal and civil cases.
During the pendency of these cases, one Gregorio Lantin filed civil Case No.
58650 for collection of a sum of money based on a promissory note, also with the Pasig
Regional Trial Court, against the Sps. Abuel. In the said case Gregorio Lantin was
represented by Atty. Alfonso Martija. In this case, the Sps. Abuel were declared in
default for their failure to file the necessary responsive pleading and evidence ex-parte
was received against them followed by a judgment by default rendered in favor of
Gregorio Lantin. A writ of execution was, in due time, issued and the same property
previously attached by complainant was levied upon.
Issue/s:
Whether or not Atty. Pablito M. Castillo is guilty of violating the Code of
Professional Responsibility?
Ruling:
The Court agrees with the foregoing findings and recommendations. It is well to
stress again that the practice of law is not a right but a privilege bestowed by the State
on those who show that they possess, and continue to possess, the qualifications
required by law for the conferment of such privilege. One of these requirements is the
observance of honesty and candor. Courts are entitled to expect only complete candor
and honesty from the lawyers appearing and pleading before them. A lawyer, on the
other hand, has the fundamental duty to satisfy that expectation. for this reason, he is
required to swear to do no falsehood, nor consent to the doing of any in court.
WHEREFORE, finding respondent Atty. Pablito M. Castillo guilty committing a
falsehood in violation of his lawyer's oath and of the Code of Professional
Responsibility, the Court Resolved to SUSPEND him from the practice of law for a
period of six (6) months, with a warning that commission of the same or similar offense
in the future will result in the imposition of a more severe penalty. A copy of the
Resolution shall be spread on the personal record of respondent in the Office of the Bar
Confidant.
Noel Adrian G. Mataranas

Case Digest on In Re: Al Argosino (46 SCRA 14)

Facts:
A criminal information was filed on 4 February 1992 with the Regional Trial Court
of Quezon City, Branch 101, charging Mr. A.C. Argosino along with thirteen (13) other
individuals, with the crime of homicide in connection with the death of one Raul
Camaligan on 8 September 1991. The death of Raul Camaligan stemmed from the
infliction of severe physical injuries upon him in the course of "hazing" conducted as
part of university fraternity initiation rites. Mr. Argosino and his co-accused then entered
into plea bargaining with the prosecution and as a result of such bargaining, pleaded
guilty to the lesser offense of homicide through reckless imprudence. This plea was
accepted by the trial court. In a judgment dated 11 February 1993, each of the fourteen
(14) accused individuals was sentenced to suffer imprisonment for a period ranging
from two (2) years, four (4) months and one (1) day to four (4) years.
On 15 April 1994, Mr. Argosino filed a Petition with this Court to allow him to take
the attorney's oath of office and to admit him to the practice of law, averring that Judge
Pedro T. Santiago had terminated his probation period by virtue of an Order dated 11
April 1994. We note that his probation period did not last for more than ten (10) months
from the time of the Order of Judge Santiago granting him probation dated 18 June
1993. Since then, Mr. Argosino has filed three (3) Motions for Early Resolution of his
Petition for Admission to the Bar.
Mr. Argosino's participation in the deplorable "hazing" activities certainly fell far
short of the required standard of good moral character. The deliberate (rather than
merely accidental or inadvertent) infliction of severe physical injuries which proximately
led to the death of the unfortunate Raul Camaligan, certainly indicated serious character
flaws on the part of those who inflicted such injuries. Mr. Argosino and his co-accused
had failed to discharge their moral duty to protect the life and well-being of a "neophyte"
who had, by seeking admission to the fraternity involved, reposed trust and confidence
in all of them that, at the very least, he would not be beaten and kicked to death like a
useless stray dog. Thus, participation in the prolonged and mindless physical beatings
inflicted upon Raul Camaligan constituted evident rejection of that moral duty and was
totally irresponsible behavior, which makes impossible a finding that the participant was
then possessed of good moral character.
Issue/s:
Whether Argosino should be allowed to take the oath of attorney and be admitted
to the practice of law.
Ruling:
Mr. Argosino must, therefore, submit to this Court, for its examination and
consideration, evidence that he may be now regarded as complying with the
requirement of good moral character imposed upon those seeking admission to the bar.
His evidence may consist, inter alia, of sworn certifications from responsible members
of the community who have a good reputation for truth and who have actually known
Mr. Argosino for a significant period of time, particularly since the judgment of conviction
was rendered by Judge Santiago. He should show to the Court how he has tried to
make up for the senseless killing of a helpless student to the family of the deceased
student and to the community at large. Mr. Argosino must, in other words, submit
relevant evidence to show that he is a different person now, that he has become morally
fit for admission to the ancient and learned profession of the law.
Finally, Mr. Argosino is hereby DIRECTED to inform this Court, by appropriate
written manifestation, of the names and addresses of the father and mother (in default
thereof, brothers and sisters, if any, of Raul Camaligan), within ten (10) day from notice
hereof. Let a copy of this Resolution be furnished to the parents or brothers and sisters,
if any, of Raul Camaligan.