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Philippine Supreme
Court Jurisprudence
ChanRobles On-Line
EN BANC
Bar Review
DECISION
PER CURIAM:
On-line
Rufina is the surviving spouse of Pastor Y. Lim
ChanRobles Lawnet Inc. -(Pastor) who died on June 11, 1994. She claimed
ChanRobles MCLE On-line :that during his lifetime, Pastor used conjugal funds to
organize
www.chanroblesmcleonline.com several dummy corporations2 (Skyline
International, Inc. (Skyline), Nell Mart, Inc. (Nell
Mart), etc.) using his mistresses and employees as
incorporators and/or stockholders, in order to defeat
said companies.6
GAMBLING VICES."7
therefrom x x x."8
It reads: cralawred
ACCUSED-APPELLANT.
The Court's Ruling
G.R. No. 223434 - We adopt the findings of the IBP Board of Governors.
SUSAN GALANG AND Considering however that this is not the respondent's
BERNADETH ALBINO, first infraction, the penalty of disbarment, instead of
IN REPRESENTATION mere suspension, is in order.
FOR BRENDA FAGYAN,
It has been pronounced, time and again, that the
EDMUND FAGYAN,
practice of law is a privilege bestowed on those who
MARJORIE CADAWENG,
show that they possess and continue to possess the
AND THEIR
legal qualifications for it. Lawyers are expected to
SUCCESSORS-IN-
maintain at all times a high standard of legal
INTEREST: VENUS
proficiency and morality, including honesty, integrity
ALBINO, ERICKSON
and fair dealing. They must perform a four-fold duty
GALANG, MICHELLE
to society, the legal profession, the courts and their
GALANG, PABLO
clients, in accordance with the values and norms of
PADAWIL, GRACE
LILIBETH YANZON, the legal profession as embodied in the CPR.16
JEFFERSON DUPING,
The Lawyer's Oath enjoins every lawyer, not just to
SPS. JONATHAN JAVIER
obey the laws of the land, but also to refrain from
AND DOMINGA JAVIER,
doing any falsehood in or out of court or from
CELINE WAKAT,
consenting to the doing of any in court, and to
DUSTIN LICNACHAN,
conduct himself according to the best of his
MARTHA PODES, LUCIA
knowledge and discretion with all good fidelity to the
PANGKET, SPS. MARK
courts, as well as to his clients. All lawyers are
SIBAYAN AND BELINDA
servants of the law, and have to observe and
SIBAYAN, SPS.
maintain the rule of law, as well as be exemplars
ANTONIO SO HU AND
worthy of emulation by others. It is by no means a
SOLEDAD SO HU, AND
coincidence, therefore, that the CPR emphatically
SPS. EDUARDO
reiterates the core values of honesty, integrity, and
CALIXTO AND PHOEBE
trustworthiness.17
CALIXTO,
PETITIONERS, v. Canon 10 of the CPR stresses that a lawyer owes
VERONICA WALLIS, candor, fairness and good faith to the court.
NELSON INAGCONG
While Rule 10.01 states:
SUMERWE, MANUEL
cralawred
KADATAR, FELINO Rule 10.01 � A lawyer shall not do any
EUGENIO, VICTORIA S. falsehood, nor consent to the doing of any
CERDON, JOANNA in Court; nor shall he mislead, or allow
MARIE F. CASANDRA, the Court to be misled by any artifice.
APOLINARIO D.
As properly observed by the IBP-CBD, respondent
MORENO, SPOUSES
drafted and signed the Petition for Intervention which
LARRY AND MARITES
avers in essence that the subject corporations,
EDADES, EVANGELINE
Skyline, etc., were mere dummies created by the late
B. CAPPLEMAN, PILAR
T. QUILACIO, MARLON Pastor Lim.18 He also notarized the affidavits of
SIBAYAN, DAISY MAE Teresa Lim, Lani Wenceslao and Susan Sabado
PEOPLE OF THE clear that respondent has been less than truthful in
RESPONDENT.
As officers of the court, lawyers are expected to act
G.R. No. 239986 - with complete candor. They may not resort to the use
ROMA FE C. VILLALON, of deception, not just in some, but in all their
PETITIONER, v. RURAL dealings. The CPR bars lawyers from committing or
BANK OF AGOO, INC., consenting to any falsehood, or from misleading or
RESPONDENT. allowing the court to be misled by any artifice or
guile in finding the truth. Needless to say, complete
A.C. No. 9057 and absolute honesty is expected of lawyers when
(Formerly CBD Case they appear and plead before the courts. Any act that
No. 12-3413) - ARLENE obstructs or impedes the administration of justice
O. BAUTISTA, constitutes misconduct which merits disciplinary
COMPLAINANT, v. ATTY. action on lawyers.21
ZENAIDA M. FERRER,
RESPONDENT. As a lawyer, respondent is expected to be a disciple
of truth, having sworn upon his admission to the Bar
TOYO," PETITIONER, v.
In Sosa v. Atty.Mendoza,32 this Court found
TETSUSHI TOYO,
respondent guilty of violating Rule 1.01 of the CPR,
LOCAL CIVIL
for his willful failure to pay a loan in the amount of
REGISTRAR OF
P500,000.00. The Court ordered his suspension from
QUEZON CITY, AND
the practice of law for one year with a stern warning
THE ADMINISTRATOR
that a commission of the same or similar offense will
AND CIVIL REGISTRAR
result in the imposition of a more severe penalty. In
GENERAL OF THE
said case, the Court declared that Atty. Mendoza's
NATIONAL STATISTICS
"failure to honor his just debt constitutes dishonest
OFFICE,
and deceitful conduct x x x [which is] compounded
RESPONDENTS.
by Atty. Mendoza's act of interjecting flimsy excuses
that only strengthened the conclusion that he refused
G.R No. 231358 -
to pay a valid and just debt."33
PEOPLE OF THE
PHILIPPINES, The string of offenses committed by respondent
PLAINTIFF-APPELLEE, betrays his propensity to ignore, disrespect and make
v. ERNESTO AVELINO, a mockery of the judicial institution he has vowed to
JR. Y GRACILLIAN,[*] honor and protect. His violations, in not just one
ACCUSED-APPELLANT. instance, show his recalcitrant character, undeserving
of the privilege to practice in the legal profession.
G.R. No. 206026 -
JMA AGRICULTURAL It cannot be stressed enough that membership in the
RESPONDENT.
This Decision shall be immediately executory.
G.R. No. 229053 - Let copies of this Decision be furnished the Office of
PEOPLE OF THE the Court Administrator for its distribution to all
RONALD GERALINO M.
LIM AND THE PEOPLE Bersamin (C.J.), Carpio, Peralta, Leonen, Jardeleza,
AND REYMARK
CATANGUI, Please take notice that on July 16, 2019 a Decision,