LEGAL EDUCATION BOARD

PROBLEM AREAS IN LEGAL ETHICS

P.A.L.E

CRITIQUE OF THE NEW CPRA

June 12, 2023

Submitted to : Bar Confidant, Supreme Court of the Philippines

Submitted by : Bermuda & Mint Law Firm

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Introduction

The new Code of Professional Responsibility and Accountability (CPRA

hereafter) was issued by the Supreme Court on May 17, 2023 to replace the

existing CPR with the goal of making it more responsive to the

administration of Justice. This paper seeks to provide an assessment for its

fulfilment of that goal and provide commentaries on areas for improvement

or clarify the parts necessary for its effective understanding and effective

guidance for lawyers.

The examination of the CPRA canons shall be stated in the point of

view of the general comments where the rationalization is considered to

apply in all the canons. The upright text in this document states the

prescriptive suggestion for the CPRA while italics texts are the comments

and rationalization the Critic offers to impart. As a mini thesis, exhaustive

application of the general comments into all the CPRA Canons will not be

provided but only selected significant sections.

A. General Comments:

1. Reorganization and discontinuing of use of “Canons”

The proposed organization should be according to the environment of

the lawyer in his practice such as follows: Chapter 1. General

Responsibilities, Chapter 2. Private life, Chapter 3. Private practice, Chapter

3 Law firm practice, Chapter 4 Court Decorum, Chapter 5. Government

Service, Chapter 6. Employment or Profession outside practice, Chapter 7.

Enterprise or Trade the practice. Chapter 9. Accountability and Sanctions.

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Professional Responsibility is mainly made up of obligations which are then

manifested into a) “proper conduct” or b) “prohibited conduct”, c)

regulatory mandates and d) definitions. In the current CPRA, segregating

sections according to “canons” which expresses ethical aspirations

(idealism) only leads to difficulty in invoking the sections to sanction the

lawyer, as majority of the responsibilities are mainly a question of whether

it is proper conduct or not. This “idealism” criteria results in the scattering

so called “proper conduct” (propriety) found scattered in several canons I,

II, III, V & VI, creating more work for people making interpretations and

deciding the cases, as lawyers may find it confusing and tedious having to

cross reference several canons for a single conduct in their particular

environment.

The proposed organization can immediately provide the obligations and

proper conduct to be observe specific to the areas where the lawyer was

actually involved and avoid redundancy for example section 2 Canon III is

essentially the same with Section 1 of Canon II and can be grouped into on

section in a General Responsibilities Chapter.

2. Reclassification of Sections and its invocability

The obligations and its manifestation the so called “proper conduct” must

appear alongside each other. The “proper conduct” in its statement should

include the its classification as an offense whether grave or serious, if there

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was breach or separate list of prohibited acts must be clearly provided to

attach a sanction. For example : Sec.22 Canon II : should be qualified as

“A lawyer shall not take advantage of a non-lawyer’s lack of education or

knowledge of the law. (n)
Violation of the section constitute malpractice considered as a less
serious offense . “

Comment: This is to simplify the understanding of the gravity of the

negative conduct aiding its preventive effect and ease in process of

litigation which can then be relegated to a superior court, relieving the High

Court of this onerous task thereby putting their time on more public interest

cases that are clogging the Supreme Court dockets for many years.

3. Regulatory Inadequacy

The “Regulatory standards” and “Commentaries” should be in place in

the particular section when necessary.

The current CPRA has in some parts lacking in the regulatory

standards that the lawyers should faithfully follow to avoid direct

competition among themselves as to the correct interpretation or mandate

and homogeneity of appearance to avoid public confusion and avoid

unnecessary litigation. A commentary portion for a particular section

explaining the intent of the court should be in this part including the

prevailing jurisprudence that falls squarely or held to be followed in the

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section explained in order to dispel the multiple interpretation of the

ambiguous sections and clarify why such regulations in place are necessary.

B. Canon and Sectional Comments

I-CANON I -INDEPENDENCE

a) Convert into Chapter 1 General responsibilities, and to include other

canons (propriety and fidelity),

b) Add a section that specify allegiance to the Court even when serving

executive and legislative or government agency functions or position in

order to maintain Judicial independence as an officer of the court.

c) Add a section that lawyers must be free to challenge the other branches

and judiciary for any appearance of violation of the Constitution through

proper forum.

d) Section 1 to 6: No issues and must be renumbered

II. CANON II PROPRIETY (to be renamed/divided into Chapters)

a) Add changes to SECTION 1 Canon II to read as:

Proper conduct. — A lawyer shall not engage in unlawful, dishonest,

immoral, or deceitful dignified conduct. (1.01)

“All positive acts of Canons I, II III, IV & V are proper conduct to be

followed by lawyers

Misconduct are prohibited acts that are contrary to laws and the
applicable rules of court for lawyer’s qualification and practice, proper
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 Court decorum and sanction in Section 33 of Canon VI. Misconduct is a
transgression of some established and definite rule of action,
particularly, as a result of a public officer's unlawful behavior,
recklessness, or gross negligence. This type of misconduct is
characterized for purposes of gravity and penalty as simple misconduct.
[14]

Gross misconduct is defined as 'improper or wrong conduct, the

transgression of some established and definite rule of action, a forbidden
act, a dereliction of duty, willful in character, and implies a wrongful
intent and not a mere error in judgment.' Gross Misconduct is a violation
of the Lawyer's Oath and of CPR [15] and an act involving moral
turpitude.

Moral turpitude is defined as an act of baseness, vileness, or depravity in

the private duties which a man owes to his fellowmen, or to society in
general, contrary to justice, honesty, modesty, or good morals. [16]

Malpractice are prohibited acts that are violative of the proper conducts
in relation to client relationship and lawyer to lawyer relationship as
provided in the CPRA and sanction in Section 33 to 35 of Canon VI”

Comment :

The definitions help to determine the nature of the offenses. Gross

misconduct is the concurrence of a willful and reckless misconduct or
malpractice with an act involving moral turpitude should be sanctioned
by disbarment. [13] [16],
Several Malpractices concurred with a misconduct (dishonest)t shall be
considered serious offense sanctioned by disbarment [15]

b) Segregate herein sections into Chapter 2. Private Life

and Chapter 3. Private Practice

c) Sections 1-5,13,16, should be placed into Chapter 1 General

Responsibilities

d) Section 36-39, should be placed into Chapter 2 Private Life

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e) Sections 6, 17-18,20-25,34-35, 40-43 should be placed into Chapter 3

1. Add paragraphs to Section 17 Canon II to include the definition of

a) “Solicitation” to mean: the terms “solicitation” and “solicit” refer to an
oral or written targeted communication initiated by or on behalf of the
lawyer that is directed to a specific person* and that offers to provide, or
can reasonably be understood as offering to provide, legal services.
b) A lawyer’s communication does not constitute a solicitation if it is
directed to the general public, such as through a billboard, an Internet
banner advertisement, a website or a television commercial, or if it is in
response to a request for information or is automatically generated in
response to Internet searches.”

2. Add a paragraph under current 2nd paragraph the following :

“ A lawyer shall not make a false or misleading communication about the

lawyer or the lawyer’s services. A communication is false or misleading if
it contains a material misrepresentation of fact or law, or omits a fact
necessary to make the communication considered as a whole not
materially misleading. A communication that contains an express
guarantee or warranty of the result of a particular representation is a
false or misleading communication under this rule.

A lawyer shall not make truthful statements that are misleading. A

truthful statement is misleading if it omits a fact necessary to make the
lawyer’s communication considered as a whole not materially misleading.
A truthful statement is also misleading if it is presented in a manner that
creates a substantial likelihood that it will lead a reasonable person to
formulate a specific conclusion about the lawyer or the lawyer’s services
for which there is no reasonable factual foundation. Any communication
that states or implies “no fee without recovery” is also misleading unless
the communication also expressly discloses whether or not the client will
be liable for costs.

3. Add paragraphs to Section 17 Canon II to read : “A lawyer shall not

state that the lawyer is a certified specialist in a particular field of law,
unless:
(1) the lawyer is currently certified as a specialist by the Board of Legal
Specialization, or any other entity accredited by the State Bar to
designate specialists pursuant to standards adopted by the Board of
Trustees; and (2) the name of the certifying organization is clearly
identified in the communication.

[1]

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 4. Add paragraphs to Section 17 Canon II to read : “A current client or
former client who voluntarily initiated and facilitated the in-person
introduction of a lawyer or law firm or its representative to another
person who is in need of legal representation, not considering any
pecuniary benefit of the client for his cause, shall not constitute
solicitation. “

5. A lawyer shall not accept donations of any kind or financial assistance

to pay for the advertisement of his services from any government
agency or natural or juridical persons, including guarantees for loans
obtained from banks. Loans obtained from private banks shall not be for
the purpose of advertisements.

Comment : The added paragraphs1,2,3,& 5 can aid in the lawyer in

presenting information about his practice, avoid unnecessary litigation

and preserve the independence of the lawyer. Added Paragraph 4 is a

protected speech of the client based on the Art.III sec5. Bill of Rights of

the Constitution.

f) Section 26, should be placed into Chapter 4 Law Firm Practice

1. Add 3rd paragraph to read “ Lawyers in a law firm shall only be

categorized as Managing or Associate Partners and Lead Counsel or

Associate Counsel. Former usage of terms such as “Senior” or “Junior”

in all its organization, communications shall be discontinued.”

Comment on: The CPRA must embody its own Canon on equality upon

declaration that all lawyers are equal before the Bar.

2. Add 3rd paragraph to read “The law firm shall not accept financial

assistance or funded by donation from government agencies or transact

with entities suspiciously involved in money laundering or fictitious banks

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 or business organizations as declared by the AMLAC. Its financial records

shall be regularly inspected by 3rd party certified auditing company.”

Comment on: The CPRA must embody its own Canon on Independence

upon declaration that all law firms must be free for influence and control

of Racketeering Influenced Corrupt Organizations or violation of

constitutional prohibition of foreign ownership of local professional

organizations.

g) Sections 8-12,14,15 should be placed into Chapter 5 Court Conduct

h) Sections 7 should be placed into Chapter 1. General Responsibilities

1. Add a phrase paragraph 2 in section 7 (Lawyer’s Attire) to read “a

casual jacket, cropped jeans and loafers without socks shall not be

allowed in and out of court while in the practice of law” [2]

2. Add paragraph 3: A male or female lawyer’s attire in his private

residence or public place shall not reveal skin of chest or torso, thighs

and back such as "off-shouldered" suggestive dress or coverings [3]

except for the purpose of the sport or leisure activities, and in the

confines of the bedroom not open to all acquaintance.

Comment: This is the Court admonishment that cited a lawyer in contempt

of court while in such attire appeared in court.

i) Section 27-29, 31 should be placed into Chapter 6

j) Section 32,33 should be placed into Chapter 7 Employment/Profession

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III. CANON III FIDELITY

All sections move to chapters below as stated.

Refer to general comment 1

a) Section 1-2, 13-14, 23-26, 33-34 should be placed into Chapter 1

1.The definition of “practice of law” should be itemized in scope to read :

“SECTION 1. Practice of law. — The practice of law is the rendition of

legal service or performance of acts or the application of law, legal
principles, and judgment, for a continuous period or discontinued
period with aggregate of 3 years from a 5 year reckoning
period, limited in the following areas :
a) in court, with regard to the circumstances or objectives of a person
or a cause, and pursuant to a lawyer-client relationship or other
engagement governed by the Code of Professional Responsibility and
Accountability for lawyers or
b) out of court with regard to the circumstances or objectives of a
person or a cause, and pursuant to a lawyer-client relationship, or

c) employment in the public service which requires membership in the

Philippine bar as qualification including officers of the Judiciary
branch not limited to the Clerk of Courts and Court Legal
Researchers, or officers of the Department of Justice, and
other Constitutional Bodies.

d) employment in the private sector which requires membership in

the Philippine bar as qualification and the pursuant to a lawyer-
client relationship in relation to an individual’s or juridical
entity’s legal cause in the Philippines or

e) employment in an educational institution requires

membership in the Philippine bar as qualification in regards to
teaching of legal subjects or as lecturer in MCLE.

Private Practice of law is one where the practice of law is

rendered in its full scope except c).

Public Practice of law is one where the practice of law is

rendered in its limited in scope due to restrictions prescribed
by laws

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 Comment on 1:

The separation of the practice in the limited areas to include in the

practice of law those staff members of the Judiciary, and eliminate those

who are working in a different positions not rendering legal service to

individual person’s cause such as legal transcriptors for legal documents

abroad, profit oriented corporation officers not employed in a legal

services division, and those who are not actually providing legal services

but engaged in commercial pursuits, they are the ones who may tarnish

the dignity of the Legal profession by not being accountable to the Bar in

their undertakings.

b) Sections 16, should be placed into Chapter 2 and restated as follows

“Prohibition against dating, romantic or sexual relations with a client and

other persons.

1. A lawyer shall not have dating, romantic, or sexual relations which

can seriously affect his or her the competence, with the following :

a) a client during the engagement, unless the consensual

relationship existed between them before the lawyer-client
relationship commenced , except when confined to the privacy of a
Private building or bedroom.

b) with any person other than a spouse in a validly subsisting

marriage except when confined to the privacy of a Private building
and consent to the relationship was voluntarily and expressly given
by the spouse in keeping with the fulfillment of the essential marital
obligations.

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 c) concurrently with multiple persons at a single affair or long-term
relationship when involved persons have no legal impediment to
marry,

except where 1. expressed consent was given by every person

having knowledge of all people involved, prior to engaging in the
relationship 2. lawyers married according to Tribal Customs
allowing for polygamous marriages, where the parties may be
natives or outside people adopted by the Tribe, 2. Muslim lawyers
marrying accordance with the Muslim law, 3. Muslim Converted
Lawyer with a previous subsisting non-Muslim marriage which then
married under Muslim law upon obtaining a judicial declaration of
annulment of previous marriage.
4. the lawyer is involved with a person with whom he/she has a child
provided that the person is a previous non marital partner and an
express consent was given by the spouse of the subsisting marriage.

d) members of family of any degree of affinity or consanguinity

except when consent to the relationship was voluntarily and
expressly given by the adult person involved and not considering
any objections by other family members; and where such acts were
consummated within the confines of a private building.

2. A lawyer shall not have public display of affection with persons

involved in the aforementioned relations and normal civil acts with
such persons done in public shall not be construed to have an
appearance of impropriety or misconduct where such civil acts shall
not be limited to a) entering or leaving a private room or building
whether leased or owned by any of the persons involved in the
relationship b) dining together in a public restaurant, c) dining
together in a leased private room, d) sports or leisure activities e)
visiting public places f) travelling together in public or private
transport.

3. Prohibited acts committed in the preceding paragraph shall be

charged only upon verified complaint by the offended party, as a light
offenses sanctioned by a reprimand to set affairs on peaceful order,
except where there is evident delay to the or prejudiced a client’s
cause or duly proven breach of the essential marital obligations, such
acts shall be considered to be less serious offenses.

4. Prohibited Acts in paragraph 1 & 2 committed outside the

Philippines shall have no liability against the lawyer unless upon
complaint of the offended parties only and where express desistance
was given by the offended party no liability shall have effect. “

Comment on 1 & 2:
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The transfer of Section 16 to a separate Chapter on Private Life is based on
the fact such acts are often committed during private moments of the
lawyer, as illustrated in the case of dating relationship maintained outside
of marriage by a lawyer procedurally ascertained wherein the High Court
urges : any lawyer guilty of gross misconduct should be suspended or
disbarred even if the misconduct relates to his or her personal life for as
long as the misconduct evinces his or her lack of moral character, honesty,
probity or good demeanor. Every lawyer is expected to be honorable and
reliable at all times, for a person who cannot abide by the laws in his
private life cannot be expected to do so in his professional dealings.” [4]

The inclusion of other prohibited relations are necessary to avoid loopholes

which the lawyers may apply in situations other than client relations

The exceptions are provided respecting the right to life and right to privacy
of the lawyers is strongly protected by Constitution against unnecessary
intrusion by the State branches namely the Judiciary and Legislative in
promulgating rules or statues, where the practice of law and the dignity of
legal profession was not compromised by actual individual controversy or
damage, based on jurisprudence fiat that “one must not lose sight of the
fact that the Bill of Rights was intended to protect private individuals
against government intrusions [5] which applies to lawyers in capacity as
private citizens when not performing activities in the practice of law. It is
well to consider that activities and consensual relations done in private are
proper and not acts of dishonesty.

This additional section does not propose to overlook the apparent

immorality of having sexual relations outside marriage wherein the
jurisprudence applies only when the essential marital obligations such as
living together and supporting the spouse and children were neglected as in
the case of a lawyer contracting marriage while previous was subsisting
(dishonesty) and a lawyer openly abandoned his wife to cohabit with his
mistress(breaking up a marriage) [13]

The absence of laws prohibiting consensual adult incest are not yet
legislated as of the time of this paper where the prohibition found in Article
37 and 38 of the Family Code applies only in contracting such “marriages”
and not specifically express prohibiting of adult consensual sexual relations.

In accordance with prevailing jurisprudence “The Court recognizes that

state interests must be upheld in order that freedoms - including religious
freedom - may be enjoyed. In the area of religious exercise as a preferred
freedom, however, man stands accountable to an authority higher than the
state, and so the state interest sought to be upheld must be so compelling
that its violation will erode the very fabric of the state that will also protect

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the freedom. In the absence of a showing that such state interest exists,
man must be allowed to subscribe to the Infinite.” [6]

The State has no interest to be upheld on non-criminal acts done in the

privacy of the person and his house, protected under Article III Sec. 1 &2 of
the Constitution except when lawyers openly flaunted prohibited acts in
public and not considering evidences taken unlawful search and seizure,
and unauthorized recording or distribution of private videographic
materials.

Comment on 3: The CPRA must align itself to the established rule that
prosecution of private crimes is instituted only upon complaint of the
offended party involved in such relationship under Sec 5 Rule110 Rules of
Court in consideration with Special Penal Laws.

Comment on 4: The CPRA must align itself to the established rule that
private crimes are enforceable only within its territory except when the
elements of the offense was located in the Philippines in consideration with
Special Penal Laws as ruled in a case of the psychological violence causing
mental or emotional suffering on the wife when the husband committed
extramarital affair abroad. [7]

c) Sections 3-4, 6,8-9, 17-20,27-28, 31,33,35-44, 46-47,49-56 should be

placed into Chapter 3 Private Practice

d) Sections 10-12,29,30, should be placed into Chapter 4 Law Firm Practice

1. Section 25 Canon III should be modified to remove the word

“apprentices” and junior” on 2nd paragraph to read as:

The lawyer shall treat the recently recruited as associate colleagues

and equal counsels, and shall conscientiously inform them to reach the
knowledge and skills necessary for a specific legal matter
necessary to provide competent representation. (n)

Comment: The CPRA must embody its own Canon on equality upon

declaration that all lawyers are equal before the Bar.

e) Sections 5,7, should be placed into Chapter 5 Court Conduct

f) Section 21,22 should be place into Chapter 6 Govt / Public Service

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IV. CANON IV COMPETENCE

a). Add a definition of “Competence” in Sec 1 Competence can be defined

as applying learning and skill with the mental, emotional and physical ability

necessary for the proper performance of a legal service.

The CPRA must provide precise definition of the word “competence” in order

to clarify what the CPRA is demanding from the lawyer.

b) Add in section 1 the phrase: “and shall not intentionally, recklessly,

repeatedly with gross negligence withheld such competence and diligence.”

This is similar to misfeasance and nonfeasance which are sometimes

committed by public officals, which refers to the improper or irregular

conduct of a legal duty and non-performance, refusal or failure to do a

required act.

c) Add in a new section the following “Incompetence shall be discerned by

the manifestation in acts, omissions, oral or written submissions of a lawyer

taking into consideration the relative complexity and specialize nature of the

legal matter, and in undertaking a legal matter had made the following:

“(1) a conclusion grounded entirely on speculation, surmises or

conjectures;

(2) an inference made is manifestly mistaken, absurd or impossible;

(3) exercised grave abuse of discretion about questions of law and

procedure;

(4) legal opinion is based on a misapprehension of facts;

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 (5) findings of fact which are conflicting;

(6) the lawyer in making its findings, went beyond the issues of the case

and the same is contrary to the admissions of his client;

(7) findings of fact which are conclusions without citation of specific

evidence on which they are based;

(8) finding of fact premised on the supposed absence of evidence and is

contradicted by the evidence on record.

(9) the law cited does not apply to the set of facts apparent form the

records or evidence gathered.

(10) unthinking parroting of extraordinary doctrines without submitting

the factual record where experts testify subject to cross examination [8]

(11) Plain ignorance of the law, not limited to the following: in

substantial law : filing a criminal case despite evidence of the civil nature

of a dispute [9] and procedural duty to keep abreast with the changes of

the rules of procedure [10], Lack of knowledge when & where to file an

appeal” [11]

Comment This nos. (1)-(9) is mainly lifted from the Supreme Court rules

Sec.4 AM-10-4-20-SC, added so that there is a gauge to determine which

action by the lawyer on his pleadings can be examined to be lacking in skill.

Some important legal skills, such as the analysis of precedent, the

evaluation of evidence and legal drafting, are required in all legal problems.

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Perhaps the most fundamental legal skill consists of determining what kind

of legal problems a situation may involve.

d) Add a Clause in Sec.1 Canon IV, “Violation of the provision of this section

constitutes serious malpractice.”

e) Add a definition of “Diligence” in Sec.3 Canon IV: “For purposes of this

rule, “reasonable diligence” shall mean that a lawyer acts with commitment

and dedication to the interests of the client and does not neglect or

disregard, or unduly delay a legal matter entrusted to the lawyer but not

bound to pursue every advantage that may be realized.”

Comment : In this provision a lawyer may have authority to exercise

professional discretion in determining the means by which a matter should

be pursued but not if it requires the use of offensive tactics or preclude the

treating of all persons involved in the legal process with courtesy and

respect.

f) Add a Clause in Sec.3 Canon IV, “Violation of the provision of this section

constitutes serious malpractice equivalent to gross negligence”

Comment : The inclusion of incompetence and negligence as serious

malpractice protects dignity of the profession by having said offenses

independently sanctioned unlike in the previous CPR, based on the old

jurisprudence wherein ignorance of the law was considered as malpractice.

[12] Errant lawyers cannot invoke human error or mistake to escape

liability, because by through study, investigation and careful analysis the

enumerated manifestations can be foreseeably prevented. A lawyer's

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work load must be controlled so that each matter can be handled

competently. The liability is bound under the principle of “Ignorance of the

law excuses no one from compliance therewith.”

f) Add new section “lawyers with insufficient legal knowledge or skill on a

specific matter, can give competent representation by :

1. Association or professional consultation with another lawyer

specializing on that specific area of law related to the matter.

2. Acquiring knowledge and skill through training before performance is

required

3. Referring the matter to another lawyer reasonably believed to be

competent on the matter.”

Comment : This provision will allow lawyers to give representation to clients

who had developed trust and confidence in them.

g) Section 1-2, 8, H should be placed into Chapter 1

h) Sections 3-6, should be placed into Chapter 3

i) Sections 7, should be placed into Chapter 5 Court Conduct

j) Sections 9, should be placed into Chapter 6 Govt / Public Service

V. CANON V EQUALITY

a) No issues with the current sections. Issues with equality between new

and old lawyers were addressed in item I

b) Section 1-3, should be placed into Chapter 1 Genera Responsibilities

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c) Section 4, should be placed into Chapter 3 Private Practice

VI. CANON VI ACCOUNTABILITY

No issues

VII. LAWYER’S OATH (revised in bold text)

“I do solemnly swear that I accept the honor, privilege, duty, and

responsibility of practicing law in the Philippines as an officer of the Court in
the interest of our people.

I declare fealty to the Constitution of the Republic of the Philippines.

In doing so, I shall work towards promoting “the rule of law and a regime of
truth, justice, freedom, love, equality and peace.”

I shall conscientiously and courageously work for justice, as well as

safeguard the rights and meaningful freedoms of all persons, identities and
communities.

I shall ensure greater and equitable access to justice. I shall do no

falsehood nor shall I pervert the law to unjustly favor or prejudice anyone.

I shall faithfully and competently discharge these duties and

responsibilities to the best of my full ability, with integrity, and utmost
civility and diligence.

I impose all these upon myself without mental reservation nor purpose of
evasion. So, help me, God.”

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ENDNOTES :

1. California State Bar Rules of Professional Conduct 2023

2. FALCIS v. CIVIL REGISTRAR, G.R. No. 217910, September 03, 2019

3. ANTONIO M. LORENZANA vs. JUDGE MA. CECILIA I. AUSTRIA, A.M. No.
RTJ-09-2200 April 2, 2014
4. AMALIA R. CENIZA vs. ATTY. ELISEO B. CENIZA, JR, A.C. No. 8335, April
10, 2019

5. CHRISTIAN CADAJAS Y CABIAS, PETITIONER, VS. PEOPLE OF THE

PHILIPPINES, RESPONDENT. G.R. No. 247348. November 16, 2021
6. ALEJANDRO ESTRADA, vs. SOLEDAD S. ESCRITOR,  A.M. No. P-02-1651,
June 22, 2006

7. AAA, vs. BBB, G.R. No. 212448, January 11, 2018

8. FALCIS v. CIVIL REGISTRAR, G.R. No. 217910, September 03, 2019
9. JULIAN PENILLA vs. ATTY. QUINTIN P. ALCID, JR A.C. No. 9149,
September 4, 2013 Ignorant respondent filed a criminal case for estafa
when the facts of the case would have warranted the filing of a civil case
for breach of contract. To be sure, after the complaint for estafa was
dismissed, respondent committed another similar blunder by filing a civil
case for specific performance and damages before the RTC. The
complaint, having an alternative prayer for the payment of damages,
should have been filed with the Municipal Trial Court which has
jurisdiction over complainant’s claim which amounts to only ₱36,000.
10. Lawyers failed to file an appeal reasoning that they were not aware of
SC Circular 39-98, which had been published in several newspapers of
general circulation. lawyers are duty-bound to keep abreast of legal
developments and to participate in continuing legal education programs
POLICARPIO T. CUEVAS, vs. BAIS STEEL CORPORATION and STEVEN
CHAN, GR 142689, October 17, 2002

11. Respondent is guilty of ignorance of the law for failing to appeal the
Decision of the trial court in the quo warranto case before the COMELEC
within the reglementary period. AUGUSTO P. BALDADO, vs. ATTY.

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 AQUILINO A. MEJICA, A.C. No. 9120 March 11, 2013

12. In re ATTY. ROQUE SANTIAGO, respondent, A.C. No. 932, June 21,
1940 Respondent was either ignorant of the applicable provision of the
law or carelessly negligent in giving the complainant legal advice. The
advice given by the respondent, the preparation and acknowledgment by
him of the contract of Consent to Remarry to other persons, to the
complainant spouses which is contrary to marriage law, constitute
malpractice which justifies disbarment from the practice of law.

13. MAELOTISEA S. GARRIDO, vs. ATTYS. ANGEL E. GARRIDO and ROMANA

P. VALENCIA, A.C. No. 6593 February 4, 2010 and JOSELANO
GUEVARRA, vs. ATTY. JOSE EMMANUEL EALA, A.C. No. 7136, August 1,
2007
14. ESTRELLA M. DOMINGO, v. CIVIL SERVICE COMMISSION AND
VICTORINO MAPA MANALO, G.R. No. 236050, June 17, 2020

15. MICHELLE A. BUENAVENTURA, VS. ATTY. DANY B. GILLE, A.C. No.

7446, December 09, 2020

16. RE: "PEOPLE OF THE PHILIPPINES VS. JOSELITO C. BARROZO, A.C. No.
10207, July 21, 2015

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