Professional Documents
Culture Documents
Submitted by:
GROUP V
Patricia Nicole Balbin
Jayraldin B. Abejo
Genara L. Ducasi
Alexis Z. Ligayo
Glendy Rose N. Obahid
Damaso Sta. Maria, Juanito Tapang and Liberato Tapang and Liberato Omania v Atty. Ricardo Atayde
(A.C. No. 9197 February 12, 2020)
Spouses Darito P. Nocuenca and Lucille B. Nocuenca Vs. Atty. Alfredo T. Bensi
(A.C. No. 12609 February 10, 2020)
IN RE: PETITION FOR THE DISBARMENT OF ATTY. ESTRELLA O. LAYSA, PATRICIA MAGLAYA
OLLADA
VS. ATTY. ESTRELLA O. LAYSA RESPONDENT.
FATHER SATURNINO URIOS UNIVERSITY (FSUU) INC., AND/OR REV. FR. JOHN CHRISTIAN U.
YOUNG - PRESIDENT, PETITIONERS, VS. ATTY. RUBEN B. CURAZA, RESPONDENT.
NENITA KO, COMPLAINANT, VS. ATTY. LADIMIR IAN G. MADURAMENTE AND ATTY. MERCY
GRACE L. MADURAMENTE, RESPONDENTS.
[ A.C. No. 11118 (Formerly CBD Case No. 08-2140), July 14, 2020 ]
ATTY. FERNANDO P. PERITO, COMPLAINANT, VS. ATTY. BERTRAND A. BATERINA, ATTY. RYAN
R. BESID, ATTY. RICHIE L. TIBLANI, AND ATTY. MARI KHRIS R. PAMMIT, RESPONDENTS.
[ A.C. No. 12631, July 08, 2020 ]
AUGUST CASES
CORAZON KANG IGNACIO, COMPLAINANT, V. ATTY. MONTE P. IGNACIO, RESPONDENT.; A.C.
NO. 11988 - JANINA B. DE LA CRUZ AS ATTORNEY-IN-FACT OF CORAZON KANG IGNACIO,
COMPLAINANT VS. ATTY. MONTE P. IGNACIO RESPONDENT.
A.C. No. 9426, August 25, 2020
A.M. No. P-10-2812[Formerly OCA IPI No. 10-3420-P] - ANONYMOUS COMPLAINT AGAINST CLERK
OF COURT V ATTY. ZENALFIE M. CUENCO, COURT INTERPRETER CHRISTIAN V. CABANILLA,
COURT STENOGRAPHERS FILIPINAS M. YABUT AND SIONY P. ABCEDE, AND LOCALLY-FUNDED GENARA L. DUCASI
EMPLOYEE ALELI DE GUZMAN, ALL OF THE REGIONAL TRIAL COURT, BRANCH 72, MALABON
CITY, AND OFFICER VANISSA L. ASIS OF THE PHILIPPINE MEDIATION CENTER.
A.M. No. P-10-2812[Formerly OCA IPI No. 10-3420-P], August 18, 2020
SEPTEMBER CASES
Atty. Esther Gertrude D. Biliran Vs. Atty. Danilo A. Bantugan
A.C. No. 8451. September 30, 2020
Delta Venture Resources, Inc. Vs. Atty. Cagliotro Miguel Martinez
A.C. No. 9268. September 30, 2020
JIMMY N. GOW, COMPLAINANT, V. ATTYS. GERTRUDO A. DE LEON AND FELIX B. DESIDERIO,
JR., RESPONDENTS
A.C. No. 12713, September 23, 2020
LORNA L. OCAMPO, COMPLAINANT, V. ATTY. JOSE Q. LORICA IV, RESPONDENT. GENARA L. DUCASI
A.C. No. 12790, September 23, 2020
A.M. No. P-20-4041 [Formerly OCA I.P.I No. 20-4997-P], October 13, 2020
OFFICE OF THE COURT ADMINISTRATOR, Complainant,
v. ATTY. JOAN M. DELA CRUZ, CLERK OF COURT V, BRANCH 64, REGIONAL TRIAL COURT,
MAKATI CITY, Respondent.
A.C. No. 10699 [Formerly CBD Case No. 15-4793], October 06, 2020 ]
WILFREDO C. CABALLERO, COMPLAINANT,
VS. ATTY. GLICERIO A. SAMPANA, RESPONDENT.
NOVEMBER CASES
[ A.C. No. 12081 [Formerly CBD Case No. 14-4225], November 24, 2020 ]
ALBERTO LOPEZ, COMPLAINANT, ALEXIS Z. LIGAYO
VS. ATTY. ROSENDO C. RAMOS, RESPONDENT.
NOVEMBER CASES
John Paul Keiner v. Atty. Ricardo R. Amores
(A.C. No. 9417, November 18, 2020)
Edgardo A. Tapang v. Atty. Marian C. Donayre
(A.C. No. 12822, November 18, 2020)
Rosalinda Taghoy , et al. v. Atty. Constantine Tecson III
(A.C. No. 12446, November 16, 2020)
Joel A. Pilar v. Atty. Clarence T. Ballicud
(A.C. No. 12792, November 16, 2020)
Atty. Virgilio A. Sevandal v. Atty. Melita B. Adama
(A.C. No. 10571, November 11, 2020)
Eduardo Manalang v. Atty. Cristina Buendia
(A.C. No. 12079, November 10, 2020)
Divine Grace P. Cristobal v. Atty. Jonathan A. Cristobal
(A.C. No. 12702, November 8, 2020)
Salvacion C. Romo v. Atty. Orheim T. Ferrer GLENDY ROSE N. OBAHID
(A.C. No. 12833, November 10, 2020)
Atty. Joseph Vincent T. Go v. Atty. Virgilio T. Teruel
(A.C. No. 11119, November 4, 2020)
Edralyn B. Berzola v. Atty. Marlon O. Baldovino
(A.C. No. 12815, November 03, 2020)
Rommel N. Reyes v. Atty. Gerald Z. Gubatan
(A.C. No. 12839, November 3, 2020)
Atty. Antonio B. Manzano v. Atty. Carlos P. Rivera
(A.C. No. 12173, November 03, 2020)
Professional Services, Inc. v. Atty. Socrates R. Rivera
(A.C. No. 11241, November 03, 2020)
DECEMBER CASES
Adelita S. Villamor v. Atty. Ely Galland A. Jumao-as
(A.C. No. 8111, December 9, 2020)
Michelle A. Buenaventura v. Atty. Dany B. Gille
(A.C. No. 7446, December 09, 2020)
Napoleon S. Quitazol v. Atty. Henry S. Capela GLENDY ROSE N. OBAHID
(A.C. No. 12072, December 09, 2020)
In Re: OMB-C-C-13-0104 Atty. Socrates G. Maranan V. Francisco Domagoso v. Atty. Socrates G. Maranan
(A.C. No. 12877, December 07, 2020)
JANUARY 2020
PATRICIA NICOLE BALBIN
CASE DIGEST FACTS ISSUE CANON PENALTY
TITLE/ G.R. NO./ VIOLATED
DATE
Zenaida Martin- July 12, 2012: Gross misconduct complaint for disbarment of Atty.
Ortega v Atty. Tadena as she was alleged to have intimidated the complainant’s Whether Atty. Tadena Gross misconduct Atty. Angelyn Tadena is
Angelyn A. Tadena bodyguard when it stopped Atty. Tadena’s client from entering the is guilty of gross as a violation of admonished with stern
(A.C. No. 12018 condominium unit of complainant. misconduct as a Lawyer’s oath and warning that a repetition
January 29, 2020) representative of Mr. the Code of will be dealt severely.
December 7, 2011: Dr. Ortega, the client of Atty. Ortega and husband of Leonardo Ortega Professional Office of the Bar
the complainant with which a pending annulment case was on-going (husband of Responsibility Confidant is directed to
have forcefully destroy and enter the premises of the complainant of complainant) that will initiate an administrative
which she had found that 12 of her luxury bags were missing. warrant a disbarment proceeding against Atty.
Tadena and her
companions.
On an affidavit dated December 7, 2011 and December 21 2011: The
court finds that the bodyguard have not mentioned the direct
involvement of Atty. Tadena nor her presence during the said incident.
But, the Dr. Ortega must have been advised properly by Atty. Tadena to
make proper representation before entering the said premises.
Whether or not Atty. Canon 16, Rule 2 years suspension and the
Joann G. Minas Vs. Joann G. Minas (complainant) owned FV/JVPHIL 5 fishing vessel with Doctor should be held 16.01 and Rule remaining balance of
Atty. Domingo A. Filipino and Taiwanese crew members was apprehended by the PCG, liable for his failure to 16.03, and Canon P800,000.00 and US $4,600.00
Doctor, Jr. and BFAR. account the money 18, Rule 18.03 and with legal interest will be paid
(A.C. No. 12660 Criminal cases were filed before the RTC of Ilagan, Isabela and received from Rule 18.04 of Code within 90 days.
January 28, 2020) administrative cases before the MARINA and BFAR. complainant and serve of Professional
2 other cases were filed against the Prosecutor’s Office of the Province his client with Responsibility.
of Zambales and City of Olongapo. competence and
The complainant engaged the services of Atty. Doctor of which he diligence, in violation
asked for the following fees: of Canon 16, Rule
Acceptance Fee: P100,000.00 (paid in cash) 16.01 and Rule 16.03,
Increased in Acceptance Fee: P200,000.00 (paid in cash) and Canon 18, Rule
18.03 and Rule 18. 04
Administrative Penalty & Miscellaneous Fees: P400,000.00 (June 8,
of Code of Professional
2011: personally handed in a brown envelope at the front of BID Office
Intramuros, Manila)
Replevin Bond: P400,000.00 to release the vessel (June 21, 2011: paid
in cash)
Administrative Fine to convince BFAR to end the administrative case:
US $50,000.00. (June 21, 2011: (paid in cash)
The accused assured the complainant that the vessel will be release in 2
days and the BFAR case will be terminated in 3 days. But, no receipt
was received by the complainant. Responsibility.
Complainant later found out that no replevin bond was posted,
prosecution had presented its evidence ex-parte, since complainant was
declared in default for failure of Atty. Doctor to file required answer on
her behalf.
Complainant called the accused and demanded the return of
P800,000.00 and the US $50,000.00 but only the US $ 40,000.00 was
returned, then after US $2,000.00 and US $ 1,500.00
2004 Rules on
December 16, 2013 filed a Sinumpaang Salaysay alleging Atty. Osorio Whether Atty. Osorio Notarial Practice,
Librada A. Ladrera of notarizing the following documents: violated the Rules on particularly 6 months suspension in
Vs. Atty. Ramiro S. a) Deed of Absaloute (sic) Sale (6/30/8) Notarial Practice, the paragraphs (2), (8), the practice of law
Osorio b) Acknowledgment of Debt and Promissory Note (7/30/8) Lawyer’s Oath, and the and (10), Rule IX; Notarial Commission is
(A.C. No. 10315 c) Deed of Conditional Transfer and Waiver of Possessory Rights Code of Professional Section 2, revoked
January 22, 2020) (4/24/9) Responsibility. paragraph (a) and 2 years prohibition from
2) The documents stated the complainant’s name and of her daughter Discharging him as €, Rule VI, Canon being commissioned as a
Jeralyn Ladrera Kumar were indicated as buyers from the respondent’s duly commissioned 1, Rule 1.01 of the notary public
client – Dalia Valladolid-Rousan without their presence and knowledge. notary public. CPR; and the
Lawyer’s Oath
Joselito C. Caballero September 20, 2005: Gross misconduct complaint charging Atty Pilapil 2 years suspension
v Atty. Arlene G. of violating the Code of Professional Responsibility. Whether Atty. Pilapil is Lawyer’s oath and Returned the sum of
Pilapil June 2004: Complainant engaged the services of the counsel to prepare guilty of violating Canon 11, Rule P53,500.00 with a legal
(A.C. No. 7075 a Deed of Sale and later on must be amended to include the names of Canon 11, Rule 16.01, 16.01, Rule 16.03 interest of 5% per annum
January 22, 2020) complainant sisters as vendees. Respondent asked for P53,500.00 Rule 16.03 of Canon of Canon 16and until full payment from
November 2004: Complainant again engaged the services of respondent 16and Canon 17 of the Canon 17 of the the receipt of decision
for another Deed of Sale of another land he and his sisters purchased Code of Professional Code of Additional fine of
and respondent has been given P69,000.00 for she will also be the one Responsibility Professional P1,00.00 imposed on
to deliver capital gains tax payment to the BIR. Responsibility resolution dated October
July 25, 2005: In respondent’s letter to the IBP as a response to the
complaint against her (with which, she was not able to attend), she 18, 2010 within 10 days
claimed that she had advised the complainant’s sister to hire a fixer with from the receipt of
which respondent had given the P45,000.00 which later she claimed had decision
disappeared.
Valentin C. Miranda September 26,2011: 6 months suspension and was ordered by the court
v Atty. Macario D. to return the complainants copy of OCT 0-94 but failed to comply.
Carpio July 28, 2014: The court ask for his response upon the failure of such. A
(A.C. No. 6281 Lift of suspension was denied
letter dated May 25, 2014 the said respondent state that it was the Whether Atty. Carpio
January 15, 2020) Violation of and an additional 6 months
complainant who failed to get the copy and it was him not the is gulty of violating the
Lawyer’s oath suspension in the practice of law
complainant who obtained it from the court. lawyer’s oath
upon reception of decision.
The respondent also claim that he thought his suspension is already
lifted contradicting his line of accepting a case due to financial reasons
after it was officially lifted.
Atty. Pedro B. Guilty of simple
Aguirre v Atty. misconduct violating
Crispin T. Reyes Rule 8.01 of the Code of
(A.C. No. 4355 Professional
January 8, 2020) Responsibility
December 1, 1994: December 23, 1993 statement of the respondent that he was Whether the complaint Pay a fine of P2,000.00
the one who made Supreme Court case (GR 70054) win. And made this false of disbarment against within 5 days from
claim a memo to the Banco Filipino Board of Directors. An amended complaint Atty. Reyes will still Guilty of violating reception of decision
and the false claim memo contain words which are malicious. But, the proceed despote the Rule 8.01 Absolved of charges of
complainant died. death of Atty. Aguirre? forum-shopping and
violations of Rule 19.01,
Rule 10.03 in relation to
Rule 12.02 of the Code
of Professional
Responsibility
Rene J. Hierro v May 9,2012: Letter-complaint for disbarment referred to the Integrated Whether Atty. Plaridel Guilty of gross Disbarment
Atty. Plaridel C. Bar of the Philippines against respondent for violation of Rule 7.03, Nava II is guilty of immorality
Nava II Rule 15.03, Canon 17, Rule 21.01 and Canon 22 of the Code of violating Rule 7.03, violating Rule
(A.C. No. 9459 Professional Responsibility. Rule 15.03, Canon 17, 15.03 and Rule
January 8, 2023) The respondent become the counsel of Annalyn Hierro in her prayer for Rule 21.01 and Canon 7.03 of the Code of
issuance of Temporary Protection Order against her spouse, who used to 22 of the Code of Professional
be a client of respondent as well. Professional Responsibility
He later had an adulterous relationship with his client, Annalyn and Responsibility.
fathered a child from her.
Abandoned his former client as the latter’s counsel for Criminal Case
No. S-799-09 which resulted to his client’s conviction.
FEBRUARY 2020
PATRICIA NICOLE BALBIN
CASE DIGEST FACTS ISSUE CANON VIOLATED PENALTY
TITLE/ G.R. NO./
DATE
Clara R. Ick, et al. May 9, 2016: respondent notarized a letter dated March 7, 2016 used to Whether Atty.
v Atty. Allan S. facilitate registration of South Forbes Phuket Mansions Homeowners Amazona is guilty of Lawyer’s Oath Dismissed
Amazona Association, Inc which falsely stated that most owners are abroad that it notarizing a false
(A.C. No. 12375 is difficult to secure their signatures. And, the attached attendance and document
February 26, 2023) signatures of a meeting of homeowners was in fact a meeting for a
property manager held December 13, 2015.
Irene R. Puno v November 2006: Complainant is an heir of Magdalena T. Roque and a Disbarment
Atty. Redentor S. stockholder of GRDC. Complainant was introduced by her brother to a Whether Atty. Viaje is Guilty of fraud, duress
Viaje contractor that also introduced the complainant to Atty. Viaje. Atty. Viaje guilty of deceit and and coercion in violation
(A.C. No. 12085 then was hired as counsel of GRDC. fraud of Lawyer’s Oath
February 26, 2020) January 2007: Atty. Viaje asked complainant to sign an Affidavit of on-
Holding of Annual Stocks Holders Meeting of GRDC as o update the
general information sheet of the company.
Later, complainant discovered that Atty. Viaje made it appear that the
affidavit was signed December 20, 2006 and Atty. Viaje and some
indivisuals (Sy and Gozun) have become stockholders of GRDC.
July 2007: Complainant found out that Atty. Viaje become the controlling
stockholder of the company.
October 2007: A copy of summons LRC Case No. 174-0-07 before the
RTC of Olongapo City was received by the complainant and Atty. Viaje
made her signed a Voting Trust Agreement for a period of 5 years in
exchange for dropping the case.
Benjamin M. January 25, 2005: The complainant as a seafarer for Philippine
Katipunan v Atty. Transmarine Company Inc. had been diagnosed with heart ailment which Whether Atty. Carrera Violation of Lawyer’s 1 month suspension
Rebene C. Carrera he contracted while in service and which his employer denied his is guilty of violating Oath, Canon 18, Rule
(A.C. No.12661 disability benefits claim. The Labor Arbiter ruled in his favor and the Lawyer’s Oath, 18.03 and Rule 18.04 of
February 19, 2020) awarded him a total of $60,000.00 but he was dissatisfied and wanted an Section 27, Rule 138 of the Code of Professional
award of $90,000.00. He engaged the counsel’s services all the way to the the Revised Rules of Responsibility and
Supreme Court. Court when he Canon 15 of the Canons
April 6, 2006: The National Labor Relations Commission was reversed allegedly failed to of Professional Ethics
and his motion for reconsideration was denied. The Court of Appeals inform complainant
upon certiorari also affirmed NLRC’s decision. that the latter’s petition
August 11, 2008: The court required him to submit a copy of verified for review on certiorari
statement with the exact date as he filed the motion for reconsideration, in G.R. No. 183172
affidavit of service, verification and certification of non-forum shopping. was already denied
January 27, 2010: The court denied the petition and respondent received a
copy of the resolution dated February 25, 2010 but failed to inform the
complainant and upon inquiry, the respondent just inform him that it was
pending.
May 11, 2010: He happened to only knew the resolution this as he visited
the respondent with which still Atty. Carrera said itw as pending in the
Supreme Court. On the file folder, complainant was surprised that on
January 27, 2010 the court denied his petition. And respondent did not
file it on 15 days from notice.
Ruben A. Andaya v July 16, 2008: Respondent borrowed P500,000.00 from complainant and
Atty. Emmanuel issued a post-dated check dated July 31, 2008 that was later then Whether Atty. Canon 1, Rule 1.01, 3 years suspension in the
Aladin A. Tumanda dishonored. Tumanda is guilty of Canon 7, Rule 7.03 of practice of law
(A.C. No. 12209 The complainant then sent a demand letter which the respondent offered violating Canon 1 the the Code of Professional
February 18, 2020) his Mercedes Benz as payment and issued a Deed of Absolute Sale but Code of Professional Responsibility
respondent failed to turn over the said vehicle. As was discovered later on Responsibility in
by the complainant that it was sold to another person. issuing a worthless
check
Atty. Plaridel C. 2006: a petition for disbarment against Atty. Artuz was made by the
Nava II v Atty. respondent in violation of Canon 8 of the Code of Professional Whether or not Judge Lawyer’s Oath, Rule
Ofelia M.D. Artuz Responsibility and Grave Misconduct and violation of RA 6713. Artuz should be 1.01 of Canon 1, Canon Disbarment
(A.C. No. 7253 July 28, 2005: The comment on his Request for Inhibition for his client disbarred for alledgely 7, Rule 8.01 of Canon 8,
February 18, 2020) was viciously maligned him and his father as the respondent was then a and willfully Rule 10.01 of Canon 10,
prosecutor with which he was not in good terms. maligning, insulting and Canon 11 of the
October 9, 2006: Atty. Artuz took her oath as presiding judge of MTCC and scorning Atty. Code of Professional
Branch 5, Iloilo City which Atty. Nava II opposed as there are pending Nava II and his father Responsibility
criminal cases against her which she did not disclosed in her personal
data sheet.
Michael M. Lapitan 1. June 2010: Salgado was the National Secretary General of the National
v Atty. Elpidio S. and Real Estate Association, Inc. Entered into contract with TICC as
Salgado venue for June 26, 2010 event. He did not pay the supposed 50%
(A.C. No. 12452 downpayment of P100,000.00 which he said to be paid after the event.
February 18, 2020) 2. June 29, 2010: The check issued by Salgado to Lapitan of P210,253.90
was dishonored.
1. Written demands upon Salgado were ignored and he went into hiding. Whether Atty. Salgado
Notices of dishonor were made but Salgado refused to pay. is guilty of violating
Canon 1, Rule 1.01, 1.02,
2. October 1, 2010: criminal complaint for Estafa under Article 315 of the Canon 1, Rule 1.01,
Canon 7 and Rule 7.03 of
Revised Penal Code and violation of Batasang Pambansa Blg. 22 was 1.02, Canon 7 and Rule Disbarment
the Code of Professional
filed against Salagado by Lapitan in the RTC and MTC of Tagaytay City. 7.03 of the Code of
Responsibility.
3. March 19, 2013: Integrated Bar of the Philippines Commission on Bar Professional
Discipline acted on Lapitan’s complaint. Responsibility.
Damaso Sta. Maria, Respondent was the counsel of complainant’s Criminal Cases No. 5208
Juanito Tapang and and 5208 at RTC Branch 30, Cabanatuan City.
Liberato Tapang May 24, 2010: The Court of Appeals directed them to file an appeal brief
and Liberato in accordance with Section 7, Rule 44 of the Rules of Court.
Omania v Atty. Complainants gave the respondent P2,000.00 and he assured them that it
Ricardo Atayde will be filed before the deadline. But the respondent failed.
Whether Atty. Atayde
(A.C. No. 9197 October 26, 2010: The Court of Appeals dismissed the Appeal for failure
is guilty of violating Canon 18 and Rule 18.03
February 12, 2020) of the filing of appeal brief.
Canon 18 and Rule of the Code of
December 29, 2011: Respondent claimed that he was informed by the 6 months suspension
18.03 of the Code of Professional
complainants of the cases of his client that they already settled their
Professional Responsibility
differences. Since, he cannot reach them he assumed that all is well. The
Responsibility
money alleged to have been given to him was never accepted and that it
was the complainant who want to extort money from him.
Spouses Darito P. January 25, 2007: Civil Case No. 6143-L RTC of Lapu-Lapu City
Nocuenca and declared the parents of Lucille the lawful owners of 428.8-square- Whether Atty. Bensi
Lucille B. meter portion of Lot No. 1499-C. must be disbarred for
Nocuenca Vs. Atty. June 5, 2013: Atty. Bensi and his son assaulted them and a complaint Physical Injuries is not a
violating Rule 1.01,
Alfredo T. Bensi against Atty. Bensi was filed in the MTC of Lapu-Lapu City. crime involving Moral Case Dismissed due to lack
Canon 1 and Rule
(A.C. No. 12609 Turpitude to warrant of merit.
10.01, Canon 10 of the
February 10, 2020) disbarment.
Code of Professional
Responsibility
Wilma L. Zamora v Zamora was the complainant against PJH Lending Corporation in the MTC
Atty. Makilito B. Mandaluyong City with which the court ruled in favor of PJH Lending If IBP correctly
Mahinay Corporation. The RTC of Mandaluyong also ruled in their favor. Atty. dismissed the
(A.C. No.12622 Mahinay in behalf of his clients filed a motion for reconsideration with which complaint against Atty,
February 10, 2020) he threatened the judge with an administrative complaint should it will not be Mahinay on violation Dismissed for lack of Case dismissed for lack of
granted. of Canon 11 and Rule substantial evidence merit
11.03 of the Code of
Professional
Responsibility
Roselyn S. Parks v September 12, 2013: Atty. Misa allowed his client to demolished the wall of
Atty. Joaquin L. the house of the complainant’s father without lawful order. The client had Did Atty. Misa violate
Misa, Jr. inflicted bodily harm against the complainant’s father in the presence of Atty. the Code of
(A.C. No.11639 Misa that led to a malicious mischief and less serious physical injuries Professional Rule 8.01, Canon 8 and
February 5, 2020) against them. Atty. Misa executed a counter-affidavit containing defamatory Responsibility by his Rule 11.03, Canon 11 of Admonished with stern
and lsibelous statement made public when it was sent to the prosecutor. use of derogatory and the Code of Professional warning
defamatory language Responsibility
against Roselyn in his
counter-affidavit?
MARCH 2020
JAYRALDIN B. ABEJO
Docket Case Title/ FACTS ISSUE CANON VIOLATED PENALTY
A.C. No./Date
Atty. Cabarroguis alleged in his complaint that he was the
retained legal counsel on his friend, Godofredo V. Cirineo, Jr., Suspended from the practice of law for
who fled an Estafa case against his sister-in-law, Erlinda Basa- Whether the IBP correctly Lawyer's Oath, Canon 1, six (6) months.
Atty. Honesto Cirineo. Erlinda was represented by her brother, Atty. Basa. dismissed the complaint Rule 1.03, Canon 8,
Ancheta Atty. Cabarroguis accused Atty. Basa of dilatory tactics when, against Atty. Basa. Rule8.01,Canon 12,
Cabarroguis VS. after eight years of court trial, Atty. Basa asked for the inhibiton Rules 12.02 and 12.04,
Atty. Danilo Basa of the presiding judge, Hon. Renato Fuentes which lead to and Canon 19, Rule
A.C. No. 8789 the inhibition of all other judges to whom the case was raffled. 19.0128 of the CPR
March 11, 2020 Atty. Cabarroguis further alleged that Atty. Basa exhibited his
immaturity through an omnibus motion filed in a civil case,
where he repeatedly spelled Atty. Cabarroguis first name,
Honesto, as "HONESTo."
And through a demand letter in which Atty. Basa purportedly
misspelled the first name of Atty. Cabarroguis as"Honest."Atty.
Cabarroguis also alleged that in retaliation against him for
being the private prosecutor in the estafa case against Atty.
Basa's sister. Atty. Basa filed numerous administrative, civil,
and criminal cases against him which were all malicious and
unfounded. Atty. Cabarroguis thereafter filed the instant petition
for review before the Court where he maintained that Atty.
Basa's act of filing and/or instigating the filing of multiple cases
against him clearly constitutes bad faith.
Complainant narrates that he filed a criminal complaint for Whether Atty. Barin Rule 15.01 of Canon 15 SUSPENDED from the practice of law
Estafa against Perlita G. Calmiong. During its pendency, violated the Lawyer's of the Code of for two (2) months
Jonathan C. complainant inquire on the status of his complaint, and was Oath, the Code of Professional
Parungao surprised when he was furnished a copy of a motion to withdraw Professional Responsibility.
Vs. information with an attached affidavit of desistance allegedly Responsibility and the
Atty. Dexter B. notarized by Atty. Barin, counsel of Ms. Calamiong. 2004 Rules on Notarial
Lacuanan Complainant denies that he prepared and/or signed both the Practice, for his acts of
motion to withdraw and the affidavit of desistance, and alleges notarizing an affidavit of
A.C. No. 12071, forgery on the part of Ms. Calamiong and Atty. Barin. Further, desistance without
March 11, 2020 he claims that he did not personally appear before Atty. Barin complainant's personal
for the notarization of the affidavit of desistance. Atty. Barin appearance.
submitted his refutes complainant's allegation that he falsified
the motion to withdraw and the affidavit of desistance. He
admits that Ms. Calamiong is a client of his law office and that
she sought his advice with regard to the Estafa case filed against
her by complainant.
He explains that,complainant accompanied by Ms. Calamiong,
went to his office to personally subscribe on the affidavit of
desistance. Atty. Barin further states that complainant presented
his Senior Citizen card, and that he required the latter to present
additional proof of identification, to which he presented his
Philippine passport. After signing the above-mentioned
documents, Atty. Barin advised Ms. Calamiong to submit the
same to the OCP-Tarlac City, to which she acceded.
Complainant is a member of the E. Quiogue Extension
Neighborhood Association(Neighborhood Association) and one
of the defendants in an ejectment case. Respondent represented
the Neighborhood Association in the Ejectment Case. REPRIMANDED for failing to observe
As alleged by complainant, as of the time of the filing of the Whether or not respondent his duty and REMINDED that a
ADELA H. administrative case, the Neighborhood Association had already should be administratively repetition of the same or similar acts
VIOLAGO lost before the Municipal Trial Court and the Regional Trial disciplined for negligence Canon 18, will be dealt with more severely
VS. Court. Thereafter, respondent filed a petition for review before in handling the Ejectment Rule 18.03
the Court of Appeals on behalf of the Neighborhood Case on behalf of
ATTY. Association. complainant.1âшphi1
BONIFACIO F. Complainant claims that she was not made aware of the status of
ARANJUEZ, JR., their petition for review before the Court of Appeals and that it
was only after she and other members of the Neighborhood
Association inquired on October 16, 2013 that they discovered
A.C. No. 10254, that it was already dismissed by the Court of Appeals on July
March 09, 2020 25, 2013 due to several fatal defects.
As a result, complainant sought the advice of various lawyers
regarding the matter, who informed her that respondent's
mistakes were supposedly "BASIC" for which reason the Court
of Appeals dismissed their Petition for Review.
Due to respondent's supposed negligence, complainant and
another member of the Neighborhood Association submitted
a Resignation Letter10 dated November 06, 2013 informing the
officers of the Neighborhood Association that they will be
resigning from the said Association and expressed their
intention to engage the services of another counsel and
requested that respondent file a formal Motion to Withdraw as
counsel for complainant in the Ejectment Case.11 However, as
alleged by complainant, respondent failed to act on their request
or even reply to their Letter.
SANTIAGO B. Burgos alleged that he is a member-consumer of District III of Whether or not Bereber is No Canons Violated Dismissed for Lack of Merit
BURGOS, Capiz Electric Cooperative, Inc. (CAPELCO), a non-stock, non- guilty of representing
VS. profit electric cooperative supervised by the National conflict of interests in
ATTY. Electrification Administration (NEA), which currently provides violation of the pertinent
JOVENCIO electric services to the Province of Capiz. provisions of the Code of
JAMES G. On July 1, 2015, Burgos and two other member-consumers of Professional
BEREBER District III of CAPELCO, on the basis of a NEA Responsibility (CPR)
Comprehensive Operations Audit, filed an administrative
complaint with the NEA against several management staff of
A.C. No. 12666, CAPELCO and certain members of its Board of Directors for
March 04, 2020 committing acts constituting Grave Misconduct, Neglect of
Duty, and Falsification.
Burgos insisted that Bereber failed to advance their interests,
and as such, had no regard for professionalism, ethics, integrity,
and "delicadeza" when he represented the accused members of
the Board of Directors and management staff in the proceedings
before the NEA.
Bereber admitted in his Verified Answer, and other allied
pleadings that the accused members of the Board of Directors
consulted with him and sought his legal services in connection
with the administrative complaint filed by Burgos with the
NEA. Bereber then drafted, prepared, and signed their answer to
the NEA complaint, and appeared as counsel/collaborating
counsel for them in the same case during the preliminary
conferences before the NEA.
This notwithstanding, Bereber insisted that he did not represent
conflicting interests and, perforce, cannot be held
administratively liable therefor.
Complainant narrates that he filed a criminal complaint for Whether Atty. Barin Rule 15.01 of Canon 15 SUSPENDED from the practice of law
Estafa/Swindling against one Perlita G. Calmiong (Ms. violated the Lawyer's of the Code of for two (2) months with
Calamiong). During its pendency, complainant went to Tarlac Oath, the Code of Professional WARNING that a repetition of the same
CESAR C. City to inquire on the status of his complaint, and was surprised Professional Responsibility or similar acts will be dealt with more
CASTRO, when he was furnished a copy of a motion to withdraw Responsibility and the severely
vs. ATTY. information with an attached affidavit of desistance allegedly 2004 Rules on Notarial
ENRICO G. notarized by Atty. Barin, counsel of Ms. Calamiong Practice, for his acts of
BARIN Complainant denies that he prepared and/or signed both the notarizing an affidavit of
A.C. No. 9495 motion to withdraw and the affidavit of desistance, and alleges desistance without
March 02, 2020 forgery on the part of Ms. Calamiong and Atty. Barin. Further, complainant's personal
he claims that he did not personally appear before Atty. Barin appearance
for the notarization of the affidavit of desistance
Atty. Barin submitted his comment and he admits that Ms.
Calamiong is a client of his law office and that she sought his
advice with regard to the Estafa case filed against her by herein
complainant.
After signing the above-mentioned documents, Atty. Barin
advised Ms. Calamiong to submit the same to the OCP-Tarlac
City, to which she acceded. He asserts that he did not falsify the
signature of herein complainant and that complainant personally
appeared before him to acknowledge the documents.
JUNE 2020
JAYRALDIN B. ABEJO
MATTHEW Atty. Raul O. Tolentino (respondent) drafted and notarized a Whether or not Canon 18 Rule 18.03 of REPRIMANDED for failing to observe
CONSTANCIO M. document known as Irrevocable General Power of Attorney respondents failure to file the Code of Professional his duty and REMINDED that a
SANTAMARIA which made possible the conveyance of 10 real properties the Appelant brief is liable Responsibility repetition of the same or similar acts
VS. Miriam (mother)and Manuel (father). for negligence of duty will be dealt with more severely
ATTY. RAUL O. When Manuel filed a criminal complaint against Miriam fo
TOLENTINO adultery, respondents appeared to her counsel the latter in
A.C. No. 12006, Regional Trial Court which the case unresolved for
June 29, 2020 unreasonable lenght of time. When Mariam was dying of
cancer, she wrote a letter to the Supreme Court pleading for the
relief from the delay of the case.
Eventually, RTC rendered its decision dismissing the case in
favor of Miriam. Manuel elevated the adverse judgment to the
Court of Appeals. While the case was pending, Meriam died.
Unfortunately, respondent being her counsel of record, failed to
inform the court of his clients death. Worse, he neglected to file
an Appelle’s Brief.
Complainant Begay states that he is the owner of Garden of Whether or not Atty. Saguyod is being DISMISSED from the service, with
Samantha Memorial Park located in Estacion, Paniqui, Tarlac. respondents will be held charged for his second forfeiture of his retirement benefits,
The memorial park, consisting of three (3) parcels of land, is liable for misconduct offense of simple except accrued leave credits, with
WILLY FRED U. under litigation in a case he filed against the Rural Bank of San misconduct, violating prejudice to re-employment in any
BEGAY Luis Pampanga, Inc. He prays for the nullification of the real Code of Conduct for branch or instrumentality of the
VS. estate mortgages, promissory notes, foreclosure proceedings, Court Personnel and government, including government-
ATTY. PAULINO transfer certificates of title, award of damages, and the issuance Section 4(e), Republic owned or controlled corporation.
I. SAGUYOD, of a Writ of Preliminary Injunction pendente lite which Act No. 6713.
A.M. No. P-17- commanded the Rural Bank of San Luis to desist from obtaining
3652 possession of the memorial park.
June 23, 2020
Unknown to complainant Begay, on 2 December 2014, the
Rural Bank of San Luis filed an ex parte motion for the issuance
of a writ of possession, through an extrajudicial foreclosure sale
per Certificate of Sale. Complainant Begay avers that the Rural
Bank of San Luis failed to disclose in its ex parte motion that he
was in possession of the subject lot in the concept of an owner.
Respondent Atty. Saguyod issued the Writ of Possession
addressed to the court's Deputy Sheriff, respondent Clemente.
Respondent Sheriff Clemente issued the notice to vacate
addressed to complainant Begay, who was not a party to the but
not to mortgagor Bautista.
Complainant Begay filed a Motion to Quash questioning the
propriety of the writ of possession and requesting that he be
allowed to speak during the hearing. However, respondent Atty.
Saguyod failed to include him in the said hearing. He states that
he filed a Motion to Quash the Writ of Possession on the
grounds that he is the real owner who is in actual possession of
the subject property. Since he was not made a party to the
foreclosure proceedings and to the ex parte motion, his right to
due process was violated.
JESUS DAVID complainant Jesus David (David) is the heir of Leonardo T. Whether or not Lawyer's Oath, Canons 1, Atty. Ildefonso C. Tario, Atty. Mark
VS. David (Leonardo) who was the plaintiff in a case for forcible respondent lawyers 10 and 12, and Rules John M. Soriquez, Atty. Emiliano S.
ATTY. entry, entitled "Leonardo T. David v. Danny Cordova, et al., " committed acts in 10.03 and 12.04 of the Pomer, Atty. Marilet Santos-Layug, and
DIOSDADO M. that was filed before the First Municipal Circuit Trial Court violation of their Oath and Code of Professional Atty. Danny F. Villanueva are
RONGCAL, (MCTC) of Dinalupihan-Hermosa, Bataan the Code of Professional Responsibility. hereby SUSPENDED from the practice
ATTY. The MCTC ruled in favor of Leonardo and ordered the Responsibility (CPR). of law for a period of one year.
ILDEFONSO C. defendants to vacate Lot No. 774 covered by Transfer
TARIO, ATTY. Certificate of Title, the Supreme Court upheld the MCTC Atty. Diosdado M. Rongcal is
MARK JOHN M. Decision. hereby DISBARRED and his
SORIQUEZ, Subsequently, David moved for the issuance of a writ of name ORDERED STRICKEN
ATTY. EMILIANO execution before the MCTC. However, Atty. Rongcal, in behalf OFF from the Roll of Attorneys.
S. POMER, ATTY. of Cordova, filed a Motion to Suspend Proceedings seeking to
MARILET suspend the issuance of a writ in favor of David.
SANTOS-LAYUG, The MCTC,denied the motion to suspend proceedings but
AND ATTY. granted Leonardo's motion for issuance of a writ of execution
DANNY F. and directed the issuance of the said writ. Atty. Rongcal then
VILLANUEVA filed a Motion for Reconsideration but it was denied for lack of
merit by the As a result thereof, Cordova filed a complaint for
A.C. No. 12103 nullity of TCT No. T-206001 against the late Leonardo before
June 23, 2020 the Regional Trial Court (RTC) of Bataan. Hence, Atty. Rongcal
sought the suspension of the issuance of a writ of execution
while the RTC case is still pending.
Later on, Atty. Tario filed a Motion to Quash Writ of Execution,
Atty. Tario filed another motion, this time a Motion to Clarify
Order and Writ, Atty. Villanueva likewise subsequently filed a
Recusation
David filed an Urgent Manifestation before the RTC informing
the trial court that the MCTC Decision sought, to be enjoined
has long been final and executory.
Attys. Soriquez, Pomer and Santos-Layug filed their Position
Pape alleging that the execution of the final and executory
MCTC Decision can still be restrained because of a supervening
event .
Thus, the complaint against them should be dismissed for lack
of factual or legal basis as it was only filed to strike fear in their
hearts for defending Cordova.
FELICITAS H. Felicitas H. Bondoc (complainant) represented by Conrad H. SUSPENDED from the practice of law
BONDOC, Bautista (son) filed was looking for a lawyer in the Philippines for two (2) years with a STERN
REPRESENTED to handle the civil case for annulment of marriage that she was Whether or not Canons 1 and 16, and WARNING that the repetition of a
BY CONRAD H. going' to file against her husband, Benjamin Bondoc. respondents would be held Rules 1.01, 16.01, 16.02, similar violation will be dealt with even
BAUTISTA, Respondent, being introduced to the complainant to handle the liable and 16.03 of the Code of more severely.
VS. case. Complainant and respondent agreed on their legal Professional
ATTY. MARLOW engagement wherein respondent shall file the civil case for Responsibility and the Atty. Marlow L. Licudine is
L. LICUDINE annulment on behalf of complainant paying for 2,000.00 Lawyer's Oath hereby ORDERED to return to
A.C. No. 12768 Canadian Dollars (CAD$) as initial down payment for the legal complainant Felicitas H. Bondoc the
June 23, 2020 fees. amount of CAD$2,000.00, with interest
Several months passed but complainant did not receive any at the legal rate of six percent (6%) per
update regarding the civil case that respondent was supposed to annum from the date of demand until
file, she discovered that respondent divulged her personal full payment, within ninety (90) days
information. from the finality of this Decision.
Due to respondent's inaction in the civil case and the
unwarranted disclosure incident, complainant decided to Also hereby meted a FINE in the
terminate respondent's engagement as counsel. amount of P10,000.00 for disobedience
Complainant was briefly in the Philippines. During that time, of the orders of the Integrated Bar of the
she talked to respondent. According to complainant, respondent Philippines - Commission on Bar
said that he already spent the money she gave him but they Discipline. Failure to comply with the
verbally agreed that he would return half of the amount foregoing directives will warrant the
received. imposition of a more severe penalty.
Complainant through her son sent a demand letter requesting the
respondents to return the money as what they have agreed.
Several of follows up but respondents failed to comply her
promised.
Thereafter, respondent was never heard of again.
Thus, complainant filed this instant administrative case against
respondent.
SPOUSES ELENA In their Complaint and Position Paper, complainants alleged that Whether or not respondent Rules 16.01 and DISBARRED and his name ORDERED
ROMEO CUÑA, they were applicants/occupants of a Four Thousand Two deserves to be sanctioned 16.03,Rules 10.3, 12.04, STRICKEN OFF from the Roll of
SR., VS. Hundred Ninety-Seven (4,297) square meters parcel of land for his unbecoming and Canon 11 of the CPR Attorneys effective immediately. He
ATTY. situated in Tagum City, Davao Del Norte. At the instance of and behavior as a member of is ORDERED to: (1) return OCT No. P-
DONALITO through the efforts of herein respondent, complainants, in the bar. 29483 to complainants Romeo Cuña,
ELONA September of 1992, were able to acquire ownership and Sr. and Elena Cuña; (2) deliver to
A.C. No. 5314 possession of the property by virtue of a favorable decision of complainants the amount of P12,726.00,
June 23, 2020 the Bureau of Lands. with interest at the rate of 6% per
annum from the finality of this Decision
Respondent made complainants sign a Special Power of until full payment;64 and (3) promptly
Attorney (SPA)23 which gave respondent absolute authority to submit to this Court written proof of his
sell the property to third parties. Respondent did not explain the compliance within fifteen (15) days
contents of the SPA and the implications thereof to herein from payment of the full amount.
complainants.
MARY JANE D. Complainant was the duly elected President and authorized Whether or not respondent Violation of the 2004 REVOKED, and DISQUALIFIED from
YUCHENGCO representative of Amendoza Palawan Corporation, a domestic failed to appreciate the Rules on Notarial reappointment as Notary Public for a
VS. corporation, and the complainant in Amendoza Palawan formalities required by the Practice period of two (2) years.
ATTY. Corporation v. Johnny R. Mendoza which was a civil case for notarial rules and/or was SUSPENDED from the practice of law
ANATHALIA B. recovery of possession with damages. careless in implementing for six (6) months
ANGARE the rules WARNED that a repetition of the same
Respondent notarized a falsified and defective "Deed of or similar acts in the future shall be
Extrajudicial Settlement of Estate of Late Cristituto Dandal, Sr. dealt with more severely.
with Absolute Sale
The Deed suffers from the following defects: (1) it was not
dated; (2) it lacked the names and signatures of the required
witnesses; (3) it lacked the details of the required competent
identification cards of the parties thereto; (4) it was notarized
without the presence of the parties and without verifying
whether their signatures were genuine; and (5) while respondent
was commissioned as notary public for the City of Puerto
Princesa
FATHER Father Saturnino Urios University (the University) hired Atty. Respondent Father Saturnino Urios
SATURNINO Curaza to teach commercial law subjects in the Commerce University (FSUU) to pay complainant
URIOS Department during the second semester of school year 1979 to Whether or not even if Republic Act No. 7641 his retirement benefits to be computed
UNIVERSITY 1980. He was subsequently given teaching loads in the College part-time instructors Atty. based on his average monthly pay for
(FSUU) INC., of Engineering and the College of Arts and Sciences. He later Curaza were entitled to the last Five (5) years of his
AND/OR REV. FR. taught subjects as a pioneering professor in the College of Law. retirement benefits under employment with respondent multiplied
JOHN CHRISTIAN Republic Act No. 7641 by twenty four (24) years.
U. YOUNG - Atty. Curaza wrote a letter applying for early retirement,
PRESIDENT, pursuant to the University's Personnel Policy and Procedure and Plus 10% of whatever amount that may
PETITIONERS, the Retirement Pay Law. Having received no response, he be computed as attorney's fees.
VS. ATTY. followed-up his request with the University's Human Resource
RUBEN B. Management and Development Office, where he was informed
CURAZA, that his retirement application could not be approved as the
RESPONDENT. University did not grant retirement benefits to its part-time
teachers.
JULY 2020
GENARA L. DUCASI
ATTY. JUAN
PAOLO F.
AMISTOSO,
RESPONDENT.
ATTY. LUEL C. According to Roger, respondent approached their table and asked
MENDEZ, for his name. Meanwhile, Rodolfo, one of the protestants, verbally
RESPONDENT. confirmed the latter's identity as Roger he then shook hands with
respondent, but was surprised when respondent suddenly called
him “demon”. Roger demanded explanation, but respondent, stood
up and tried to grab Roger from across the table. Roger managed
to move back but respondent still managed to scratch his neck.
Respondent slapped Roger's left cheek. Roger tried to move away
but respondent, together with Rodolfo and several others, pursued
him and managed to land some punches on him. Roger's
companion, Jimmy eventually succeeded in disengaging Roger
from respondent but not before the latter hit Roger's right
shoulder. During the commotion, the group of respondent was
hurling invectives and accusations at Roger.
NOVEMBER 2020
ALEXIS Z. LIGAYO
Edgardo A. Tapang v. Atty. Edgardo Tapang alleged that he was the respondent in a labor Whether Atty. Donayre Rule 10.03, Canon 10, and The Court finds respondent
Marian C. Donayre case for illegal dismissal and monetary claims filed by Ananias should be held Rules 12.02 and 12.04, Atty Donayre guilty of violating
(A.C. No. 12822, November 18, Bacalso (Bacalso) before the Labor Arbiter (LA). The case was administratively liable for Canon 12 of the Code of Canon 1, Rule 10.3, Canon 10,
2020) docketed as NLRC Case No. RAB VII-09-2458-2009. violating the rule against Professional and Rules 12.02 and 12.04,
forum shopping when she Responsibility. Canon 12 of the Code of
There being no appeal filed by Bacalso with the National Labor deliberately filed another Professional Responsibility and
Relations Commission (NLRC), the LA Decision became final labor case, docketed as the Lawyer's Oath. Atty.
and executory on June 16, 2010. Atty. Donayre, as the counsel NLRC RAB-VII Case No. 07- Donayre is suspended from the
on record for Bacalso, received a copy of the Decision on May 1396-10, based on the same practice of law for a period of
31, 2010. cause of action, involving two (2) years with a stern
the same parties, and with warning that a repetition of
On July 5, 2010, Atty. Donayre filed another illegal dismissal the same prayer before the similar acts will be dealt with
complaint on Bacalso's behalf with the same claims as the earlier LA. more severely.
case against complainant before the LA docketed as NLRC RAB-
VII Case No. 07-1396-10. This prompted the complainant to file a
Motion to Dismiss on the ground of res judicata, citing the
previous dismissal of NLRC Case No. RAB VII-09-2458-2009.
However, instead of acting on the motion, the LA directed the
parties to submit their respective position papers.
On April 26, 2011, Atty. Sevandal filed a claim for death and
other benefits that Merlina may be lawfully entitled to with DRPI,
the indemnity agent of Fuyoh Shipping and Bandila Maritime.
Meanwhile, on May 3, 2011, Atty. Adame, in behalf of Merlina,
filed a Complaint with the National Labor Relations Commission
(NLRC) against Fuyoh Shipping and Bandila Maritime for the
payment of death benefits, sickness allowance, damages, and
attorney's fees.
Significantly, on June 21, 2011, a day before Atty. Teruel filed his
Rejoinder to Reply and Counter-Complaint, Atty. Teruel's client,
Rev. Fr. Antonio P. Reyes (Fr. Reyes), initiated a Complaint for
grave professional misconduct against Atty. Go. Notably, Atty.
Teruel prepared the complaint of Fr. Reyes against Atty. Go. The
Commission on Bar Discipline (CBD) of the IBP (IBP-CBD) then
directed Atty. Go to submit his answer therein in an Order dated
July 29,2011. Atty. Go filed separate motions in CBD Case Nos.
11-2989 and 11-3105 praying that Atty. Teruel and Fr. Reyes be
cited for contempt and both Atty. Teruel's Counter-Complaint and
Fr. Reyes' Complaint be dismissed on the ground of forum
shopping.
Edralyn B. Berzola v. Atty. Marlon On January 28, 2002, Lawrence Antonio (Lawrence) and Edralyn Whether Atty. Baldovino is Canons 1 (Rule 1.01 1), 7, Atty. Marlon O. Baldovino is
O. Baldovino Berzola (Edralyn) were lawfully married in Sta. Ignacia, Tarlac. guilty of knowingly assisting 10 (Rule 10.01), Rule disbarred from the practice of
(A.C. No. 12815, November 03, On December 9, 2009, Presiding Judge Liberty Castañeda of the a witness to misrepresent 12.06, and 19 (Rule 19.01) law and his name is ordered
2020) Regional Trial Court (RTC) Branch 67 of Paniqui, Tarlac declared himself or to impersonate of the Code of Professional stricken from the Roll of
their marriage void in a Decision rendered in Civil Case No. 128- another and therefore guilty Responsibility. Attorneys. He is also
P'09. Upon checking the records of the case, Edralyn learned of deceitful conduct and perpetually disqualified from
that Lawrence personally submitted himself to a psychological deserves administrative being commissioned as a
examination on February 27, 2009. Afterward, Atty. Marlon sanctions. notary public.
Baldovino (Atty. Baldovino) represented Lawrence in filing a
petition for nullity of marriage on March 26, 2009 on the ground
of psychological incapacity. Atty. Baldovino likewise notarized the
verification attached to the petition that Lawrence signed on
March 25, 2009 and his judicial affidavit 4 executed on June 10,
2009. However, Lawrence was absent in the Philippines on those
dates since he left for Italy as an undocumented worker on
August 7, 2007 and returned only on March 14, 2011. Also, Atty.
Baldovino indicated that Lawrence is a resident of Barangay
Cabayaoasan, Paniqui, Tarlac instead of Barangay Cabugbugan,
Sta. Ignacia, Tarlac. Worse, Edralyn discovered that her
signature was forged to make it appear that she personally
received the summons although she was not in the Philippines at
the time it was served on April 10, 2009. Lastly, the psychologist
who examined Lawrence was not registered with the
Professional Regulatory Commission. Aggrieved, Edralyn filed a
complaint for falsification and use of falsified document against
Lawrence and Atty. Baldovino before the office of the public
prosecutor. In his counter-affidavit, Lawrence revealed that he
never participated in the proceedings in Civil Case No. 128-P'09
but merely relied on the representation of his counsel.
Rommel N. Reyes v. Atty. Gerald Reyes alleged that he is the President and Chairman of Integra Whether Atty. Gubatan is Rule 16.04 of the CPR. Atty. Gerald Z. Gubatan is
Z. Gubatan Asia Konstruct, Inc. (Coiporation). He and Atty. Gubatan have guilty of abusing the trust and hereby suspended for three (3)
(A.C. No. 12839, November 3, been friends since they were schoolmates in college and confidence reposed on him months from the practice of
2020) because of this friendship, he agreed to lend money to Atty. by the Reyes through his law, effective upon the receipt
Gubatan on six different occasions. On October 3, 2006, Reyes persistent refusal to settle his of this Resolution. He is
agreed to lend Atty. Gubatan the sum of ₱88,000.00 which was obligations despite demands. warned that a repetition of the
payable in 30 days. The loan is evidenced by a promissory note. same or a similar act will be
dealt with more severely.
On November 20, 2006, despite the lapse of the 30-day period
without paying the first loan he contracted, Atty. Gubatan again
borrowed ₱150,000.00 with an interest of 2% per month. This
second loan was evidenced by an Acknowledgment/Agreement
where he promised to pay Reyes immediately after the release of
his loan with Banco de Oro. On November 24, 2006, Atty.
Gubatan borrowed from Reyes the amount of ₱17,000.00
payable in 30 days, as evidenced by a promissory note.
Michelle and Adolfo then demanded from Atty. Gille the return of
the borrowed amount. During their meeting that same day,
respondent promised to pay on July 18, 2006. However, he failed
to pay on said date. Instead, he executed a promissory note
acknowledging having issued a check postdated August 10,
2006, and promising to pay Michelle the outstanding amount on
September 10, 2006. Atty. Gille then had the promissory note
notarized and furnished Michelle a copy thereof.