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ALIMURUNG
WON Oca violated the lawyers oath and did not observe due
diligence in performing his duties?
ATTY. ALIMURUNG
of his knowledge and discretion with all good fidelity as well to the
courts as to his clients.
Respondent did not submit the affidavits and position paper when
required by the MCTC. With his resolution not to file the pleadings
already firmed up, he did not bother to inform the MCTC of his
resolution in mockery of the authority of the court. His stubbornness
continued at the RTC, for despite an order to file an appeal
memorandum, respondent did not file any. Neither did he manifest
before the court that he would no longer file the pleading, thus
further delaying the proceedings. He had no misgivings about his
deviant behavior, for despite receipt of a copy of the adverse
decision by the RTC he opted not to inform his clients accordingly.
Worse, he denied knowledge of the decision when confronted by the
complainant about it.
It was respondents failure to file appeal memorandum before the RTC which
made complainant and his wife suffer as it resulted in their loss of the case. As
found by the Office of the Bar Confidant, in not filing the appeal
memorandum respondent denied complainant and his spouse the chance of
putting up a fair fight in the dispute.
Canon 19 prescribes that a lawyer shall represent his client with zeal
within the bounds of the law. He should exert all efforts to avail of the
remedies allowed under the law.
Respondent did not do so, thereby even putting to naught the advantage
which his clients apparently gained by prevailing at the MCTC level. Verily,
respondent did not even bother to put up a fight for his clients. Clearly, his
conduct fell short of what Canon 19 requires and breached the trust reposed
in him by his clients.
Canon 17 provides that a lawyer owes fidelity to the cause of his client
and he shall be mindful of the trust and confidence reposed in him.
When complainant received the RTC decision, he talked to respondent about
it. However, respondent denied knowledge of the decision despite his receipt
thereof. Obviously, he tried to evade responsibility for his negligence. In
doing so, respondent was untruthful to complainant and effectively betrayed
the trust placed in him by the latter.
Canon 6 of the Code provides that the canons shall apply to lawyers in
government service in the discharge of their official tasks.
Respondents failure to file the affidavits and position paper at the MCTC did
not actually prejudice his clients, for the court nevertheless rendered a
decision favorable to them. However, the failure is per se a violation of Rule
18.03.
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Canlas v. CA (08/08/1988)
D: Lawyering is not a moneymaking venture and lawyers are not
merchants, a fundamental standard that has, as a matter of judicial notice,
eluded not a few law advocates. The petitioner's efforts partaking of a
shakedown of his own client are not becoming of a lawyer and certainly,
do not speak well of his fealty to his oath to "delay no man for money
Facts:
1. Herrera owns 8 parcels of land in QC. From 1977 to 1978, he
obtained various loans from L&R Corporation amounting to 420K. As
security, he executed deeds of mortgage in favor of L&R
2. For failure to pay his obligation, the lots were foreclosed and were
disposed at public auction where L & R Corporation was the highest
bidder. Pending redemption, he filed for a complaint for injunction
against L&R in which case he was represented by Canlas
3. L&R and Herrera entered into a compromise agreement whereby L&R
extended the redemption period to another year. The properties are
now priced at 600K. It was also stipulated in the agreement that
Canlas is entitled to attorneys fees of 100K. The court approved the
said compromise
1
ATTY. ALIMURUNG
The properties can no longer be reconveyed to Herrerra since an innocent purchaser for value already
acquired the properties
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3.
4.
5.
6.
7.
Canon 13: A contract for contingent fee, where sanctioned by law, should be reasonable under all the
circumstances of the case including the risk and uncertainty of the compensation, but should always be
subject to the supervision of a court, as to its reasonableness.
4 Section 24. Compensation of attorneys; agreement as to fees. An attorney shall be entitled to have and
recover from his client no more than a reasonable compensation for his services, with a view to the
importance of the subject matter of the controversy, the extent of the services rendered, and the
professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert
witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its
own professional knowledge. A written contract for services shall control the amount to be paid therefor unless
found by the court to be unconscionable or unreasonable.
3
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it is even provided that all attorney's fees collected from the adverse
party by virtue of a successful litigation shall belong exclusively to Atty.
Cruz, aside from the Union's liability for appearance fees and
reimbursement of the items of costs and expenses enumerated therein.
2. Quantum meruit, meaning "as much as he deserves," is used as the basis
for determining the lawyer's professional fees in the absence of a
contract, but recoverable by him from his client. Where a lawyer is
employed without a price for his services being agreed upon, the courts
shall fix the amount on quantum meruit basis. In such a case, he would be
entitled to receive what he merits for his services.
3. The Court has laid down guidelines in ascertaining the real worth of a
lawyer's services. These factors are now codified in Rule 20.01, Canon 20
of the Code of Professional Responsibility and should be considered in
fixing a reasonable compensation for services rendered by a lawyer on
the basis of quantum meruit. These are: (a) the time spent and the extent
B. SPECIAL LEGAL SERVICES
1. Documentation of any contract and other legal instrument/documents arising and/or required by your
Union which do not fall under the category of its ordinary course of business activity but requires a special,
exhaustive or detailed study and preparation;
2. Conduct or undertake researches and/or studies on special projects of the Union;
3. Render active and actual participation or assistance in conference table negotiations with TRB
management or any other third person(s), juridical or natural, wherein the presence of counsel is not for
mere consultation except CBA negotiations which shall be subject to a specific agreement (pursuant to PD
1391 and in relation to BP 130 & 227);
4. Preparation of Position Paper(s), Memoranda or any other pleading for and in behalf of the Union;
5. Prosecution or defense of any case instituted by or against the Union; and,
6. Represent any member of the Union in any proceeding provided that the particular member must give
his/her assent and that prior consent be granted by the principal officers. Further, the member must
conform to the rules and policies of the Law Firm.
C. FEE STRUCTURE
In consideration of our commitment to render the services enumerated above when required or necessary,
your Union shall pay a monthly retainer fee of THREE THOUSAND PESOS (PHP 3,000.00), payable in
advance on or before the fifth day of every month.
An Appearance Fee which shall be negotiable on a case-to-case basis.
Any and all Attorney's Fees collected from the adverse party by virtue of a successful litigation shall
belong exclusively to the Law Firm.
It is further understood that the foregoing shall be without prejudice to our claim for reimbursement of all
out-of-pocket expenses covering filing fees, transportation, publication costs, expenses covering
reproduction or authentication of documents related to any matter referred to the Law Firm or that which
redound to the benefit of the Union.
D. SPECIAL BILLINGS
In the event that the Union avails of the services duly enumerated in Title B, the Union shall pay the Law
Firm an amount mutually agreed upon PRIOR to the performance of such services. The sum agreed upon
shall be based on actual time and effort spent by the counsel in relation to the importance and magnitude
of the matter referred to by the Union. However, charges may be WAIVEDby the Law Firm if it finds that
time and efforts expended on the particular services are inconsequential but such right of waiver is duly
reserved for the Law Firm.
xxx xxx xxx
ATTY. ALIMURUNG
2.
3.
4.
5.
6.
7.
8.
9.
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11.
Complaint filed by Averia against Vera-Quicho and RD of Lucena City for SP and/or damages. Court
ordered Vera-Quicho to execute necessary documents over property and enjoined the RD to desist from
entering any encumbrance/transaction on said certificate except in favor of Averia
SUIT3, she is deemed to have already lost the right to recover the
same
Issue: WON Padillo is barred by res judicata for claiming damages
Held: NO
Ratio:
1. RULE: Bar by prior judgment exists when, between the first case
where the judgment was rendered and the second case where such
judgment is invoked, there is identity of parties, subject matter and
cause of action.
A. It is final as to the claim or demand in controversy, including the
parties and those in privity with tem, not only as to every matter
which was offered and received to sustain or defeat the claim or
demand, but as to any other admissible matter which might have
been offered for that purpose.
2. IN THE CASE, HOWEVER, there is no Res Judicata on the basis of Law
of the case.
A. Law of the case has been defined as the opinion delivered on a
former appeal. More specifically, it means that whatever is once
irrevocably established as the controlling legal rule or decision
between the same parties in the same case continues to be the
law of the case, whether correct on general principles or not, so
long as the facts on which such decision was predicated continue
to be the facts of the case before the court.
B. Zarate v. DIR: A well-known legal principle is that when an
appellate court has once declared the law in a case, such
declaration continues to be the law of that case even on a
subsequent appeal. The rule made by an appellate court, while
it may be reversed in other cases, cannot be departed from in
subsequent proceedings in the same case.
C. Distinction between law of the case and res judicata
i. law of the case is akin to that of former adjudication, but is
more limited in its application. It relates entirely to
questions of law, and is confined in its operation to
subsequent proceedings in the same case.
ii. res judicata is applicable to the conclusive determination of
issues of fact, although it may include questions of law,
and although it may apply to collateral proceedings in
the same action or general proceeding, it is generally
concerned with the effect of an adjudication in a wholly
independent proceeding.
ATTY. ALIMURUNG
3. CASE, Due to fact that no appeal was taken, the CA order to suspend
trial became final (fact. No. 9) Thus, even if erroneous, the ruling in
CA has become of the law of the as between Padillo and Averia.
Hence, Padillo cannot be faulted for yielding in GF to the ruling of
CA and to continue to pursue her claim for damages in SUIT4
4. Notwithstanding, the court is NOT inclined to sustain the monetary
award granted by the TC
A. RULE: actual, compensatory and consequential damages must be
proved, and cannot be presumed. If the proof adduced thereon
is flimsy and insufficient, as in this case, no damages will be
allowed.
i. Verily, the testimonial evidence on alleged unrealized income
earlier referred to(150k/year) is not enough to warrant
the award of damages. It is too vague and unspecified
to induce faith and reliance.
B. There is NO BASIS on the award of moral and exemplary
damages in the amounts of P50k and P20k respectively.
i. . It cannot be logically inferred that just because Averia
instituted SUIT3 while SUIT 4 was pending, malice or bad
faith is immediately ascribable against Averia to warrant
such an award
C. With respect to attorneys fees, RULE : counsels fees are not
awarded every time a party prevails in a suit because of the
policy that no premium should be placed on the right to litigate.
i. Attorneys fees as part of damages is awarded only in the
instances specified in Article 2208 of the Civil Code
ii. Attorneys fees as part of damages is not meant to enrich the
winning party at the expense of the losing litigant. Thus,
it should be reasonably reduced P25k
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12.
13.
14.
15.
ISSUE:
1. WON Mendoza violated Rule 6.03 of the Code of Professional
Responsibility8?
It found that the PCGG failed to prove the existence of an inconsistency between respondent
Mendozas former function as Solicitor General and his present employment as counsel of the Lucio Tan
group. It noted that respondent Mendoza did not take a position adverse to that taken on behalf of the
Central Bank during his term as Solicitor General. It further ruled that respondent Mendozas appearance
as counsel for respondents Tan, et al. was beyond the one-year prohibited period under Section 7(b) of
Republic Act No. 6713 since he ceased to be Solicitor General in the year 1986. The said section prohibits
a former public official or employee from practicing his profession in connection with any matter before
the office he used to be with within one year from his resignation, retirement or separation from public
office.
8
"A lawyer shall not, after leaving government service, accept engagement or employment in connection
with any matter in which he had intervened while in the said service."
No, The case at bar does not involve the "adverse interest" aspect of
Rule 6.03. Respondent Mendoza, it is conceded, has no adverse
interest problem when he acted as Solicitor General in Sp. Proc. No.
107812 and later as counsel of respondents Tan, et al. in Civil Case
No. 0005 and Civil Case Nos. 0096-0099 before the
Sandiganbayan.
It is, however, alleged that the intervention of respondent Mendoza in
Sp. Proc. No. 107812 is significant and substantial. The SC disagrees.
For one, the petition in the special proceedings is an initiatory
pleading, hence, it has to be signed by respondent Mendoza as the
then sitting Solicitor General. For another, the record is arid as to the
actual participation of respondent Mendoza in the subsequent
proceedings. Moreover, we note that the petition filed merely seeks
the assistance of the court in the liquidation of GENBANK. The
principal role of the court in this type of proceedings is to assist the
Central Bank in determining claims of creditors against the
GENBANK. The role of the court is not strictly as a court of justice but
as an agent to assist the Central Bank in determining the claims of
creditors. In such a proceeding, the participation of the Office of the
Solicitor General is not that of the usual court litigator protecting the
interest of government.
Mendoza had nothing to do with the decision of the Central Bank to
liquidate GENBANK. It is also given that he did not participate in the
sale of GENBANK to Allied Bank. The "matter" where he got himself
involved was in informing Central Bank on the procedure provided by
law to liquidate GENBANK thru the courts and in filing the necessary
petition in Sp. Proc. No. 107812 in the then CFI. The subject "matter"
of Sp. Proc. No. 107812, therefore, is not the same nor is related to
but is different from the subject "matter" in Civil Case No. 0096. Civil
Case No. 0096 involves the sequestration of the stocks owned by
respondents Tan, et al., in Allied Bank on the alleged ground that
they are ill-gotten. The case does not involve the liquidation of
GENBANK. Nor does it involve the sale of GENBANK to Allied Bank.
Whether the shares of stock of the reorganized Allied Bank are illgotten is far removed from the issue of the dissolution and liquidation
of GENBANK. GENBANK was liquidated by the Central Bank due,
among others, to the alleged banking malpractices of its owners and
ATTY. ALIMURUNG
4.
5.
6.
Abaqueta v. Florido (1/22/2003)
D: There is a conflict of interest if there is an inconsistency in the interests
of two or more opposing parties, and the test is whether or not in behalf
of one client, it is the lawyers duty to fight for an issue or claim but it is
his duty to oppose it for the other client
D: A lawyer may not, without being guilty of professional misconduct, act
as counsel for a person whose interest conflicts with that of his former
client
Facts:
1. On November 28, 1983, complainant Gamaliel Abaqueta engaged
the professional services of respondent Atty. Bernardito A. Florido
through his attorney-in-fact, Mrs. Charity Y. Baclig, to represent him in
a special proceeding9 before RTC
2. Respondent then entered his appearance in the special proceeding as
counsel for complainant and filed complainants objections and
comment to Inventory and Accounting for the exclusion of certain
properties which belong exclusively to complainant
3. Several years later, Milagros Yap Abaqueta filed an action for sum
of money against complainant.10 Respondent signed the complaint as
counsel for Milagros averring that plaintiff and defendant Gamaliel
are the conjugal owners of certain parcels of land. These parcels of
9
7.
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c.
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6. The Court will not tolerate any departure from the straight and
narrow path demanded by the ethics of the legal profession
ATTY. ALIMURUNG
At the time Atty. Bamba filed the replevin case on behalf of AIB, he
was still the counsel of record of the complainant in the pending ejectment
case. Although the ejectment case and the replevin case are unrelated cases
with issues, parties, and subject matters, the prohibition is still applicable. His
representation of opposing clients in both cases, invites suspicion of doubledealing. While the respondent may assert that the complainant expressly
NOTE: Atty. Bamba was also guilty of violating RA Republic Act No. 5487,
otherwise known as the Private Security Agency Law, prohibits a person from
organizing or having an interest in more than one security agency. This is in
violation of Rule 1.02, Canon 1 of the Code of Professional Responsibility,
which mandates lawyers to promote respect for the law and refrain from
counseling or abetting activities aimed at defiance of the law.
ATTY. ALIMURUNG
NOTE: The Court imposed a 1-year suspension from the practice of law in
view of the grave infractions made by Atty. Bamba (Wawa naman si kohya)
Tiania v Ocampo (08/12/1991)
Per Curiam
D: "A lawyer shall not represent conflicting interest except by written
consent of all concerned given after a full disclosure of the facts."
D: The Court prohibits the representation of conflicting interests not only
because the relation of attorney and client is one of trust and confidence of
the highest degree, but also because of the principles of public policy and
good taste.
D: The test of the conflict of interest in disciplinary cases against a lawyer
is whether or not the acceptance of a new relation will prevent an attorney
from the full discharge of his duty of undivided fidelity and loyalty to his
client or invite suspicion of unfaithfulness or double-dealing in the
performance thereof.
Facts:
1. These disbarment proceedings against Atty. Amado Ocampo were filed
by Maria Tiania and by Spouses Felicidad Angel and Alfonso Angel (the
Angel Spouses). Both cases were consolidated upon the instance of Atty.
Amado Ocampo who, in his answer, denied the imputations.
2. In the first administrative case, Maria Tiania claims that Atty. Ocampo
who has been her counsel in all her legal problems and court cases as
early as 1966, has always had her unqualified faith and confidence.
Tiania claims that she was sued in 1972 by one Mrs. Concepcion Blaylock
for ejectment from a parcel of land. Tiana alleges that Ocampo
appeared in her behalf and also for Mrs. Blaylock. Tiania then
confronted Ocampo, and the latter assured her that everything will be
taken care of. Ocampo then made Tiana sign a Compromise Agreement.
Two years later, Tiania was shocked to receive an order to vacate the
property.
3. On the other hand, Ocampo denies all the allegations thrown against him
by Tiania. Ocampo claims that he was counsel only to Mrs. Blaylock. He
said that Tiania showed to him a document, but he expressed his doubts
regarding its authenticity. This convinced Tiania to sign the compromise
agreement.
16 Ad astra per alia fideles
4. In the second case, the Angel spouses allege that in 1972, they sold their
house in favor of Mrs. Blaylock for the amount of PhP70,000. Ocampo
acted as their counsel and prepared the Deed of Sale of a Residential
House and Waiver of Rights Over a Lot. With the money paid by
Blaylock, the Angel spouses bought another parcel of land. Again,
Ocampo prepared the Deed of Sale which was signed by the vendor,
Laura Dalanan, and the Angel spouses, as the vendees. In addition,
Ocampo allegedly made the Angel spouses sign two more documents
which later turned out to be a Real Estate Mortgage of the same
property purchased from Dalanan and a Promissory Note, both in favor
of Blaylock. The Angel spouses never realized the nature of the said
documents until they received a complaint naming them as defendants in
a collection suit filed by Ocampo on behalf of the plaintiff, Commercial
Corporation of Olongapo, a firm headed by Blaylock. Ocampo
reassured them that there was no need to engage the services of a new
lawyer since he will take care of everything. However, the Angel spouses
received a Notice to Vacate on the basis of the two document they
signed.
5. Upon the other hand, Ocampo alleges that Blaylock was his client, who
introduced to him the Angel spouses. He maintains that he merely
facilitated the transfer of PhP20,000 from Blaylock to the Angel spouses,
for the latter's use in repurchasing a property they originally owned in
Fendler St., Olongapo. Such property was then to be sold to Blaylock.
Since the sale of the Fendler property would render the Angel spouses
homeless, they suggested that Blaylock loan them PhP40,000 to purchase
from Dalanan another property in Kessing St., Olongapo.
6. The Solicitor General charged Atty. Ocampo with malpractice and gross
misconduct.
Issue: WON Atty. Ocampo is guilty of representing conflicting interests.
Held: Yes. The Court took into account the advanced age of Ocampo, who
was already 73 years, and merely suspended him for a period of one year.
Ratio:
1. The specific law applicable in both administrative cases is Rule 15.03 of
the Code of Professional Responsibility which provides: "A lawyer shall
not represent conflicting interest except by written consent of all
concerned given after a full disclosure of the facts."
2. The Court prohibits the representation of conflicting interests not only
because the relation of attorney and client is one of trust and confidence
of the highest degree, but also because of the principles of public policy
and good taste. An attorney has the duty to deserve the fullest
ATTY. ALIMURUNG
confidence of his client and represent him with undivided loyalty. Once
this confidence is abused, the entire profession suffers.
3. The test of the conflict of interest in disciplinary cases against a lawyer is
whether or not the acceptance of a new relation will prevent an attorney
from the full discharge of his duty of undivided fidelity and loyalty to his
client or invite suspicion of unfaithfulness or double-dealing in the
performance thereof.
4. The Court upheld the findings of the Solicitor. Indeed, acts of Ocampo in
representing Blaylock, and at the same time advising Tiania, the opposing
party, as in the first administrative case, and once again representing
Blaylock and her interest while handling the legal documents of another
opposing party as in the second case, whether the said actions were
related or totally unrelated, constitute serious misconduct. They are
improper to Ocampo's office as attorney.
Dee v CA (8/24/1989)
D: Generally, an attorney is prohibited from representing parties with
contending positions.HOWEVER, at certain stage of the controversy before
it reaches the court, a lawyer ay represent conflicting interests with the
consent of the parties.
Ponente: Justice Regalado
Petition filed for the Cause of Action: collection of attorneys fees and
refund
Petition filed When the Case Reached S.C: Writ of Certiorari
Facts:
1. Dee and his father went to the residence of Atty. Mutuc in order to
seek latter advice regarding the problem of alleged indebtedness of
Dees brother(Dewey Dee) to Caesars Palace in Las Vegas. Bothe
brothers father was apprehensive for the safety of Dewey Dee,
having heard of the link between the mafia and said gambling place
2. Mutuc assured Dee and his father that he would look into the matter
and that 100k was the price for his services.
3. Thereafter, Mutuc made several long distance calls and two trips to
LA in order to inquire about the status of Dewey Dees debts. Upon
further investigation, Mutuc found out that the outstanding obligation
of $1M was actually incurred by Ramon Sy but Dewey Dee was the
one merely signing the chits
17 Ad astra per alia fideles
ATTY. ALIMURUNG