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Facts
This is an administrative complaint for the disbarment of
respondent Atty. James Benedict C. Florido and his eventual removal
from the Roll of Attorneys for allegedly violating his oath as a lawyer
by manufacturing, flaunting and using a spurious and bogus Court
of Appeals Resolution.
Natasha V. Heysuwan Florido,herein the complainant,
averred that she was the legitimate spouse of the respondent Atty.
James Benedict Florido, the respondent, but that they are estranged
and living separately from each other. They have two children
Kamille Nicole H. Florido, five years old, and James Benedict H.
Florido, Jr., three years old whom the complainant has the custody.
Complainant filed a case for the annulment of her marriage.
Meanwhile there was another related case pending in the Court of
Appeals (Florido v. Abarrientos, et al.)
Sometime in the middle of December 2001, respondent
went to complainants residence in Tanjay City, Negros Oriental and
demanded that the custody of their two minor children be
surrendered to him. He showed complainant a photocopy of an
alleged Resolution issued by the Court of Appeals which supposedly
granted his motion for temporary child custody.
Complainant called up her lawyer but the latter informed
her that he had not received any motion for temporary child custody
filed by respondent. Complainant asked respondent for the original
copy of the alleged resolution of the Court of Appeals, but
respondent failed to give it to her. Complainant then examined the
resolution closely and noted that it bore two dates: November 12,
2001 and November 29, 2001. Sensing something amiss, she
refused to give custody of their children to respondent. In the midmorning of January 15, 2002, while complainant was with her
children in the ABC Learning Center in Tanjay City, respondent,
accompanied by armed men, suddenly arrived and demanded that
she surrender to him the custody of their children. He threatened to
forcefully take them away with the help of his companions, whom he
claimed to be agents of the National Bureau of Investigation.
Alarmed, complainant immediately sought the assistance of the
Tanjay City Police.
Issue:
Whether or not the respondent can be held
administratively liable for his reliance on and attempt to enforce a
spurious Resolution of the Court of Appeals.
Held:
Yes. CANON 10. A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood; nor
consent to the doing of any in court; nor shall he mislead, or allow
the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language or the argument
of an opposing counsel, or the text of a decision or authority, or
knowingly cite as a law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been
proved.
Thus, a lawyer who used a spurious Resolution of the
Court of Appeals is presumed to have participated in its fabrication.
Hence, Candor and fairness are damande of every lawyer. The
burden cast on the judiciary would be intolerable if it could not take
at face value what is asserted by counsel. The time that will have to
be devoted just to the task of verification of allegations submitted
could easily be imagined. Even with due recognition then that
counsel is expected to display the utmost zeal in the defense of a
clients cause, it must never be at the expense of the truth.
Facts:
Prior to 1948, Bernardo Samaniego (a cousin of the
respondent) filed a war damage claim with the U.S.Philippine War
Damage Commission. He was married to Isabel Medina and had
three children, only one of whom is living. In 1944, Bernardo
Samaniego and his wife did not live together for about fifteen years,
during which, however, he cohabited with Alejandra Cruz. Bernardo
Samaniego and Alejandra Cruz had six children, although only four
are living. Bernardo Samaniego died on February 29, 1948.
Sometime before September 21, 1948, a check (No.
383421) for P841.50 was issued by the U.S. Philippine War
Damage Commission in the name of Bernardo Samaniego as a first
payment of his claim. Claiming to be the widow of Bernardo
Samaniego, Alejandra Cruz succeeded in getting the check from the
postmaster of Malolos, Bulacan.
On September 21, 1048, the respondent and Alejandra
Cruz went to the National City Bank of New York, Manila, to encash
the check. The respondent sought the assistance of an acquittance,
Proceso Jodloman, an employee of the bank. After the respondent
had signed the name of Bernardo Samaniego on the check, Proceso
Jodloman (who has known the respondent since 1947) identified the
same by affixing his own signature. After the respondent had again
signed the name of the payee, Bernardo Samaniego, on the check
before the bank teller, the latter paid its amount.
Alejandra Cruz then admitted having received the whole
amount, although she alleged that she gave to the respondent the
sum of P100 in payment of her obligation to respondent's mother.
The respondent claims that he had always honestly
believed that Alejandra Cruz was the lawful wife of his cousin,
Bernardo Samaniego, and that he signed the name of Bernardo
Samaniego in good faith, motivated solely by a desire to help
Alejandra Cruz who needed the money with which to meet her many
obligations and to buy medicine for her sick child. The respondent
further argues that he never represented himself to Proceso
Jodloman as Bernardo Samaniego, the payee of the check, for, as a
matter of fact, he exhibited his residence certificate, car
registration, and license to carry a pistol, as well as a poster of his
candidacy for Governor of Bulacan.
Issue:
Whether or not respondent violated Canon 10, rule 10.01
of the Code of Professional Resposibility
Held:
Yes. Rule 10.01 - A lawyer shall not do any falsehood; nor
consent to the doing of any in court; nor shall he mislead, or allow
the Court to be misled by any artifice.
In the case, Even if the respondent acted without malice in cashing
the check and did not profit thereby, he knew that he was not
Bernardo Samaniego and he signed the latter's name with full
knowledge that he was dead. The respondent, a lawyer, surely
anticipated that he could not cash the check otherwise than by
signing, not his own name, but that of the dead payee. To this
extent he misled the bank, and thereby committed an act indicative
of moral laxity, least expected from and highly unbecoming a
member of the bar.
Therefore, he is hereby suspended from the practice of law for a
period of one year from and after the date this resolution shall have
become final.
HELD:
Yes. The counsel of the petitioner, Renato G. dela Cruz,
misrepresented his reference to Section 4 of P.D. No. 1606 as a
quotation from Section 4 of R.A. No. 3019. The Court urged the
counsel of Serana to observe Canon 10 of the Code of Professional
Responsibility, specifically Rule 10.02 of the thereof stating that a
lawyer shall not misquote or misrepresent Thus, Renato G. dela
Cruz is liable under the Code of Professional Responsibility.
HELD:
Yes. A lawyer must be a disciple of truth. As an officer of the court,
his high vocation is to correctly inform the court upon the law and
the facts of the case and to aid it in doing justice and arriving at
correct conclusion. The courts, on the other hand, are entitled to
expect only complete honesty from lawyers appearing and pleading
before them. While a lawyer has the solemn duty to defend the
rights of his client and is expected to display the utmost zeal in
defense of the cause of his client, his conduct must never be at the
expense of truth.
Respondent fell short of the duties and responsibilities expected
from them as members of the bar. Anticipating that their Motion for
Bail will be denied by the court if it found that it had no jurisdiction
over the person of the accused, they craftily concealed the truth by
alleging that accused had voluntarily surrendered to a person in
authority and was under detention. Obviously, such artifice was a
deliberate ruse to mislead the court and thereby contribute to
injustice.
In this jurisdiction, whether bail is a matter of right or discretion,
reasonable notice of hearing is required to be given to the
prosecutor or fiscal, or at least, he must be asked for his
recommendation. In the case at bar, the prosecution was served
with notice of hearing of the motion for bail two days prior to the
scheduled date. Although a motion may be heard on short notice,
respondents failed to show any good cause to justify the nonobservance of the three-day notice rule.
FACTS:
On September 3, 1998, SisenandoSingson, represented by
respondent Atty.Manuel N. Camacho, filed with the Regional Trial
Court (RTC) of Quezon City a complaint against the complainant
Rudecon Management Corporation for damages and reconveyance.
It was docketed as Civil Case No. Q-98-35444. The case was
originally raffled to Branch 79, RTC,Quezon City but was eventually
re-raffled to Branch 85 of the same court. On September 21, 1998,
Singson, again represented by Atty. Camacho, filed with Branch78,
RTC, Quezon City a "Motion for Intervention (With Attached Answer
in Intervention with affirmative Defenses and Compulsory
Counterclaim)" in Civil Case No. Q-98-35326, entitled, "Rudecon
Management Corporation, plaintiff-appellee vs. Ramon M. Veluz,
defendant appellant," a case for unlawful detainer on appeal before
said court. On November 23, 2000 Rudecon Management
Corporation and Atty. Rudegelio D. Tacorda filed with IBP a verified
complaint for disbarment or suspension from the practice of law
against Atty. Manuel N. Camacho for committing forum shopping
which violates Canon 10 of the Code of Professional Responsibility.
ISSUE:
Whether or not Atty. Manuel N. Camacho is liable for violation of
Canon 10 of the Code of Professional Responsibility?
HELD:
NO. Rudecon Management and Atty. Rudegelio D. Tacorda failed to
present clear and preponderant evidence to show that respondent
willfully and deliberately resorted to falsehood and unlawful and
dishonest conduct in violation of the standards of honesty as
provided for by the Code of Professional Responsibility which would
have warranted the imposition of administrative sanction against
him. Although respondent was held to be guilty in forum shopping,
the court agreed with respondent that there was no intention on his
part to mislead the court by concealing the pendency of Civil Case
No.Q-98- 35444 in Branch 79 when they filed the Motion for
Intervention and Answer in Intervention in Civil Case No. Q-9835326 in Branch 78. Indeed, the first paragraph of the said Answer
in Intervention shows that respondent and his client called the trial
courts attention with respect to the pendency of Civil Case No. Q98-35444.Herein complainant, which is the plaintiff in Civil Case No.
Q-98- 35326, does not dispute respondents allegation that the
latter and his client attached to their Answer in Intervention a copy
of their complaint in Civil Case No. Q-98-35444. Complainants seek
the disbarment or suspension of respondent from the practice of law
for his having allegedly violated Canon 10 of the Code of
Professional Responsibility, however, in administrative cases for
disbarment or suspension against lawyers, the quantum of proof
required is clearly preponderant evidence and the burden of proof
rests upon the complainant. Moreover, an administrative case
against a lawyer must show the dubious character of the act done
as well as of the motivation thereof.
FACTS :
Complainant, Atty. Iluminada M. Vafor-Fabroa, who was Chairperson
of the General Mariano Alvarez Service Cooperative, Inc.
(GEMASCO), was removed as a member of the Board of Directors
(the Board)and thereafter, respondent, Oscar Paguinto and his group
took over the GEMASCO office and its premises, the pump houses,
water facilities, and operations. Complainant thus filed a complaint
for annulment of the proceedings of their removal as well as other
members of the Board and a complaint against respondent for
disbarment alleging that respondent had violated the Code of
Professional Responsibility particularly Canon 10. Canon 10 A
lawyer owes candor, fairness and good faith to the court, when
having ordered to submit position papers. Despite the Courts grant,
on respondents motion, of extension for time to file Comment,
respondent never filed any comment. The Court thus required him
to show cause why he should not be disciplinarily dealt with, but just
the same he failed to comply.
ISSUE:
Whether or not respondents acts constitute a violation of the
provisions of the Code of Professional Responsibility, particularly,
Canon 10?
HELD:
YES. Lawyers are called upon to obey court orders and processes
and respondents deference is underscored by the fact that willful
disregard thereof will subject the lawyer not only to punishment for
contempt but to disciplinary sanctions as well. In fact, graver
responsibility is imposed upon a lawyer than any other to uphold the
integrity of the courts and to show respect to their processes. The
Court further noted that respondent had previously been suspended
from the practice of law for violation of the Code of Professional
Responsibility, however, that respondent has not reformed his ways.
Hence, a more severe penalty is thus called for, respondent was
subjected to suspension for two years.
CANON 10 CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT
Libit v. Oliva
Adm. Case No. 2837, October 7, 1994
FACTS: Judge Domingo Panis in the case of "Pedro Cutingting
versus Alfredo Tan issued an order to the Director of the
National Bureau of Investigation (NBI) to conduct an
investigation with the end in view of determining the author of
the Sheriff's Return which appears to have been falsified and
to institute such criminal action as the evidence will warrant
After conducting the necessary investigation, the National
Bureau of Investigation (NBI), through herein complainant,
find out that sometime in May 1984 in the City of Manila, at
the Regional Trial Court, Branch XLI, Manila, Philippines,
ATTYS. EDELSON G. OLIVA and FLORANDO A. UMALI ,as
Counsels for PEDRO CUTINGTING in Civil Case No. 84-24144,
Defendant, did then and there, knowingly, willfully
introduced/presented in evidence before the aforesaid
Regional Trial Court, a falsified Sheriff's Return of Summons
during the hearing of the aforesaid Civil Case thereby
impending and/or obstructing the speedy administration
and/or dispensation of justice.
Pursuant to Rule 139-B of the Rules of Court and the resolution
of the Court En Banc of April 12, 1988, the case was referred
to the Commission on Bar Discipline of the Integrated Bar of
the Philippines (IBP) for investigation, report, and
recommendation.
the Bar Confidant is ordered to strike out his name from the
Roll of Attorneys.
as instructed, but it was only after our office received the copy of
the decision of the Supreme Court in G.R. No. 100643 . . . that Atty.
Dacanay confronted me and asked me where I got that portion
which was added to the particular paragraph noted by the Supreme
Court, that it was only then that I realized the mistake I committed.
FERNANDEZ v. DE RAMOS-VILLALON
Adm. Case No. 7084. February 27, 2009
CANON:
Canon 10 A Lawyer owes candor, fairness and good faith to
the court.
FACTS:
Carlos O. Palacios filed a civil case alleging that he was the owner of
a lot located in Barangay San Lorenzo, Makati City that he inherited
from his mother. In June 2004, he became awRe that his lot was
being eyed by a land-grabbing syndicate that attempted to obtain a
copy of TCT No. under his name. Palacios received information that
Fernandez could help him oppose the syndicates petition. Therefore
they eventually seek for the assistance of Atty., Augusto P. Jimenez
and Palacios agreed to pay Fernandez P2M for the services he
prejudged a case that would assail the legality of the act taken by
President Arroyo. The subsequent decision of the Court in Estrada
vs. Arroyo is, according to petitioner, a patent mockery of justice
and due process.
Attorney Paguia first made his appearance for petitioner when he
filed an Omnibus Motion on 2003, before the Sandiganbayan, asking
that 'the appointment of counsels de officio be declared functus
officio' and that, being the now counsel de parte , he be notified of
all subsequent proceedings in criminal cases pending therein.
Finally, Attorney Paguia asked that all the foregoing criminal cases
against his client be dismissed. The Sandiganbayan issued an order
denying the foregoing motion, as well as the motion to dismiss, filed
by petitioner. Forthwith, petitioner filed a Motion of Reconsderation
of the foregoing order. According to Attorney Paguia, during the
hearing of his Motion for Reconsideration on 11, the three justices
(Hon. Minita Chico-Nazario, Hon. Edilberto Sandoval and Hon.
Teresita Leonardo-De Castro) of the Special Division of the
Sandiganbayan made manifest their bias and partiality against his
client. Thus, he averred, Presiding Justice Minita V. Chico-Nazario
supposedly employed foul and disrespectful language when she
blurted out, 'Magmumukhanamankaminggago,' and Justice Teresita
Leonardo-De Castro characterized the motion as insignificant even
before the prosecution could file its comments or opposition thereto,
remarking in open court that to grant the motion of Estrada would
result in chaos and disorder. Prompted by the alleged 'bias and
partial attitude' of the Sandiganbayan justices, Attorney Paguia filed
a motion for their disqualification. Petitioner received the two
assailed resolutions, i.e. ., the resolution, denying the motion for
reconsideration of petitioner; and the resolution, denying the motion
for disqualification of petitioner.
The instant petition assailing the foregoing orders must be
dismissed for gross insufficiency in substance and for lack of merit.
The Sandiganbayan committed no grave abuse of discretion, an
indispensable requirement to warrant a recourse to the
extraordinary relief of petition for certiorari under the Revised Rules
of Civil Procedure. On the one hand, petitioner would disclaim the
authority and jurisdiction of the members of this tribunal and, on the
other hand, he would elevate the petition now before it to challenge
the two resolutions of the Sandiganbayan. He denounces the
decision as being a patent mockery of justice and due process.
Criticism or comment made in good faith on the correctness or
wrongness, soundness or unsoundness, of a decision of the Court
would be welcome for, if well-founded, and such reaction can
enlighten the court and contribute to the correction of an error if
committed. "The ruling in Estrada vs. Arroyo, being a final judgment,
has long put to end any question pertaining to the legality of the
ascension of Arroyo into the presidency. By reviving the issue on the
HELD:
Yes. In liberally imputing sinister and devious motives and
questioning the impartiality, integrity, and authority of the members
of the Court, Atty. Paguia has only succeeded in seeking to impede,
obstruct and pervert the dispensation of justice. Attorney Alan F.
Paguia is hereby indefinitely suspended from the practice of law,
effective upon his receipt hereof, for conduct unbecoming a lawyer
and an officer of the Court.
that the members of the Court did not read the petition or that if
they did, they simply refused to understand the arguments "in order
not to blur [their] preconceived resolution of this case," are patently
unfounded and malicious. His sole purpose was to show and prove
to his clients that he was all the time correct and this Court dismally
wrong not only for veering away from the true purpose of judicial
proceedings and for suppressing the truth and upholding an illegal
title, but, worse, for not even reading the petition or if it did, for not
understanding it in order to hide its prejudgment of the case. In so
doing upon a matrix of false and unfounded premises, Atty. Fortes
did an immeasurable disservice to this Court by putting it into
dishonor, disrespect, and public contempt, diminishing public
confidence or promoting distrust in the Court, and assailing the
integrity of its Members and even charging them with violating their
duty to render justice.
HELD:
Yes. In Surigao Mineral Reservation Board vs. Cloribel, this Court
said: "A lawyer is an officer of the courts; he is, 'like the court itself,
an instrument or agency to advance the ends of justice.' His duty is
to uphold the dignity and authority of the courts to which he owes
fidelity, ' not to promote distrust in the administration of justice.
Faith in the courts a lawyer should seek to preserve. For, to
undermine the judicial edifice 'is disastrous to the continuity of
government and to the attainment of the liberties of the people.'
Thus has it been said of a lawyer that '[a]s an officer of the court, it
is his sworn and moral duty to help build and not destroy
unnecessarily that high esteem and regard towards the courts so
essential to the proper administration of justice." His explanation
that this is the first petition that he has filed with this Court and his
justification that he was only motivated by his enthusiasm to protect
the interests of his clients are unacceptable. Under the Surigao
Mineral Reservation Board doctrine, "A client's cause does not
permit an attorney to cross the line between liberty and license.
Lawyers must always keep in perspective the thought that 'since
lawyers are administrators of justice, oath-bound servants of
society, their first duty is not to their clients as many suppose, but
to the administration of justice; to this, their client's success is
wholly subordinate; and their conduct ought to and must be
scrupulously observant of law and ethics'
CANON 11
IN RE Letter Dated 21 FEBRUARY 2005 Of Atty. Noel S.
Sorreda
A.M. NO. 05-3-04-SC
FACTS:
This case is an en banc Resolution resolved by the Supreme Court
concerning the letters written by Atty. Noel S. Sorreda, addressed to
the Chief Justice, Associate Justices, other government entities, RTC
judges and counsels listed thereunder, which expressed his
frustrations over the unfavorable outcome of and the manner by
which the Court resolved the ten cases he filed. The first letter was
dated April 2, 2001. In an the banc Resolution of August 14, 2001,
the Supreme Court required Atty. Sorreda to show cause why he
should not be properly disciplined "for degrading, insulting and
dishonoring the Supreme Court by using vile, offensive, intemperate
and contemptuous derogatory language against it". As a response to
this show cause order, Atty. Sorreda addressed two more letters
dated December 2, 2001 and June 16, 2002 to the Supreme Court.
Two resolutions were dispensed by the court dated January 15, 2002
and August 27, 2002 noting the intemperate, insulting, offensive,
and derogatory language of the subject letters. Another show
cause order was required of him to which he bluntly said that there
is no need for him to do so because the cause has already been
shown as clear as day. Atty. Noel Sorreda insinuates that there has
been a manipulation in the assignment and raffle of cases and the
overwhelming failure of all his petitions in the ten cases he filed.
ISSUE:
Whether or not the letters of Atty. Noel Sorreda constitutes direct
contempt and is a qualified transgression
of the Code of
Professional Responsibility?
HELD:
YES. Unfounded accusations or allegations or words tending to
embarrass the court or to bring it into disrepute have no place in a
pleading. Their employment serves no useful purpose. On the
contrary, they constitute direct contempt of court or contempt in
facie curiae and a violation of the lawyer's oath and a transgression
of the Code of Professional Responsibility. Canon 11 of the Code of
Professional Responsibility expects that [a] lawyer shall observe
and maintain the respect due to the courts and to judicial officers
and should insist on similar conduct by others. Furthermore, Rule
11.03 and Rule 11.04 specifically address the issue at hand:
FACTS:
On July 24, 2008, during a hearing on the motion for reconsideration
of a case, respondent Atty. Melchor A. Battung acted disrespectfully
by shouting while arguing his motion. Petitioner, Judge Rene Baculi,
had advised respondent to tone down his voice but the respondent
consistently kept shouting, even when he was warned that he would
be cited for direct contempt. Eventually, after being cited for direct
contempt and was imposed a fine of P100.00,the respondent left.
However, while other cases were being heard, respondent reentered the court and shouted Judge, I will file gross ignorance
against you! I am not afraid of you! He was escorted out of the
courtroom and was again cited for direct contempt for the second
time. Respondent also uttered the same lines when he saw
petitioner at the hall of the courthouse afterwards and even
challenged the latter to a fight. He was then escorted out of the
building. Based on the tape of the incident and the transcript of
stenographic notes, Integrated Bar of the Philippines (IBP)
Investigative Commissioner Jose de la Rama, Jr. found that the
respondent was the one who shouted first at the complainant,
despite the latters claim that he was provoked by the petitioner.
The Commissioner further stated that the respondent failed to
observe Rule11.03, Canon 11 of the Code of Professional
Responsibility which provides that a lawyer shall abstain from
scandalous, offensive or menacing language or behaviour before the
ISSUE:
Whether or not the respondent violated Canon 11 of Code of
Professional Responsibility.
HELD:
YES. As an officer of the court, it is the duty of Atty. Battung to
uphold the dignity and authority of the courts. A lawyer who insulted
a judge inside a courtroom completely disregards the latters role,
stature and position in our justice system. Respects for the courts
guarantee the stability of the judicial institution and without such,
the courts would be resting on very shaky foundations and will thus,
lose the confidence from the people. By threatening to a file a case
against the judge, Atty. Battung seems to erode public confidence in
the petitioners competence. However, incompetence is a matter
that, even if true, should be handled with sensitivity in the manner
that is provided under the Rules of Court, and not how the
respondent handled the situation. The respondents actions, being
scandalous and offensive to the integrity of the judicial system,
clearly showed a violation of the Rule 11.03,Canon 11 of the Code of
Professional Responsibility.
Guerrero v. Villamor
G.R. Nos. 82238-42, November 13, 1989
FACTS: Petitioner George D. Carlos, thru his lawyer and herein copetitioner Antonio T. Guerrero filed before the Regional Trial Court of
Cebu City an action for damages against respondent Judge Adriano
R. Villamor of the Regional Trial Court, Branch 16 of Naval,
Subprovince of Biliran, Leyte,||| for knowingly rendering an unjust
judgment in the aforesaid consolidated criminal cases. The
complaint and summons were served on respondent judge.
On the following day, the respondent judge issued an Order of Direct
Contempt of Court against herein petitioners, finding them guilty
beyond reasonable doubt of direct contempt and sentencing them
in their custody and had already been released and petitioner's own
manifestation the he has, in fact, already been released from
confinement.
FACTS: Petitioner filed an application for the issuance of a writ of
habeas corpus as it is the appropriate remedy for release from
confinement of a person who has served his sentence. It is on such
a doctrine that reliance is placed by petitioner Manuel de Gracia in
this application for the issuance of such a writ. It is undisputed that
while the information against petitioner charged him with the
commission of frustrated homicide to which he pleaded not guilty, it
was later amended to one of serious physical injuries. It is to such
lesser offense that on September 10, 1975, he entered a plea of
guilty. On the very same day, respondent Judge Reynaldo P. Honrado
imposed upon him the penalty of four months and one day
of arresto mayor without subsidiary imprisonment in case of
insolvency. That period of confinement he had duly served by
November 19, 1975, considering that he had been under detention
since July 18, 1975. This notwithstanding, the petition alleged that
he was not set free, the reason being that on November 19, 1975,
the last day of the prison term imposed upon him, "respondent
Assistant Provincial Fiscal Marciano P. Sta. Ana filed with the
respondent Judge, in the very same case where your petitioner was
convicted and for which he served sentence, Criminal Case No.
15289, a 'Motion to Order the Warden to Hold the Release of Manuel
de Gracia (your petitioner)' alleging as a ground that the 'father of
the victim, Gilberto Valenzuela, informed the movant (respondent
Asst. Fiscal, not the People of the Philippines), that the victim in the
above-entitled case died and for this reason the undersigned will file
an amended information||| There was a motion for reconsideration,
but it was fruitless. Hence this petition.|||
On December 8, 1975, this Court issued the following resolution:
"The Court [issued] the writ of habeas corpus returnable to this
Court on Friday, December 12, 1975 and required the respondents
to make a [return] of the writ not later than the aforesaid date. The
Court further Resolved: (a) to set this case for hearing on Monday,
December 15, 1975 at 10:30 a.m.; and (b) to [grant] the motion of
petitioner to litigate as pauper in this case.
As no return of the writ had been filed on the date set for hearing by
respondent wardens, a resolution of the following tenor was adopted
by this Court: "When this case was called for hearing this morning,
Atty. Salvador N. Beltran appeared for the petitioner while Assistant
Provincial Fiscal Marciano P. Sta. Ana, Jr. and Major Edgardo Maristela
appeared for the respondents. Thereafter, the Court resolved (a) to
require Assistant Provincial Fiscal Marciano P. Sta. Ana, Jr. to file a
[return] of the writ for the respondent wardens not later than 10:30
a.m. of Wednesday, December 17, 1975; and (b) to [reset] the
hearing of this case on the aforesaid date and time.|||
On the morning of December 17, 1975, respondent Assistant
Provincial Fiscal Marciano P. Sta. Ana, Jr. and the two aforesaid
wardens appeared. Neither petitioner nor his counsel,
Salvador N. Beltran, was present. There was this manifestation
though: "[Petitioner], thru counsel, respectfully manifests that he
has already been released from confinement, for which reason the
present petition has been rendered moot and academic|||
ISSUE: WON Atty. Salvador Beltran is subject to disciplinary action?
HELD: No. But merit for a call for guidance for future actuations. In
the case at bar, there was a lapse in judicial propriety by petitioner's
counsel who did not even take the trouble of appearing of the Court
on the very day his own petition was reset for hearing, a lapse
explicable, it may be assumed, by his comparative inexperience and
paucity of practice before this Tribunal. It suffices to call his
attention to such failing by way of guidance for his future actuations
as a member of the bar.
Canon 12
RODOLFO MILLARE VS. ATTY. EUSTAQUIO MONTERO
A.C. no. 3283
July 13, 1995
Facts:
Respondent Montero was rendered guilty of malpractice by the
IBP and recommend that he be suspended from the practice. This
was from his unethical actions of filling six appeals to frustrate the
execution of the MTC judgment where his client was ordered to
vacate the premises of the complainant.
Issue:
Whether or not respondent Attorney violates Canon 12 of Code
of Professional Responsibility.
Held:
Yes. Canon 12 of Code of Professional Responsibility provides
that a lawyer is required to exert every effort and consider it his
duty to assist in the speedy and efficient administration of justice.
Under Rule 12.02- A lawyer shall not file multiple actions arising
from same cause. Also, rule 12.04 provides that a lawyer shall not
unduly delay a case, impede the execution of judgment or misuse
court processes.
The court explained that, it is unethical for a lawyer to abuse or
wrongfully use the judicial process, such as the filing of dilatory
motions, repetitious litigation and frivolous appeals for the sole
purpose of frustrating and delaying the execution of a judgment.
And such filling of multiple petitions constitutes abuse of the Court's
processes and improper conduct that tends to impede, obstruct and
degrade the administration of justice and will be punished as the
contempt of court.
As noted by the Committee of Bar Discipline, in filling a number
of pleadings, actions and petitions, respondent has made a mockery
Facts:
In this case, respondent Attorney seeks the reconsideration of
IBP for his suspension from the practice of law for a period of one
month after he was found to have been remiss in the performance
of his duties as counsel of Craig Ford, the complainant.
Complainant Ford rendered the service of the respondent in
1987. While After learning that the CA had issued a resolution on
April 4, 1991 stating that the case had been submitted for decision
without appellees brief and not failing to remind respondent to
submit such brief, complainant filed a letter-complaint praying for a
disciplinary action against respondent. During the hearings,
respondent did not show up and did not submit any explanation for
his failure to submit the Appellee's brief and twice move to postpone
the schedule of the hearings. Furthermore, respondent was given a
last opportunity by the Commision to submit evidence in his own
behalf but still failed to comply. Therefore, the court finds that the
suspension of respondent from the practice of law is proper.
Issue:
Whether or not respondent attorney in failing to file the
appellee's brief of his client violates rule 12.04 of Canon 12 of the
Code of Professional Responsibility.
Held.
Yes. Rule 12.04 of Canon 12 of Code of Professional
Responsibility promulgates, that a lawyer shall not unduly delay a
case, impede the execution of judgement or misuse court processes.
As the court held in previous cases, it considers a lawyers failure to
file brief for his client constitutes inexcusable negligence on his part
(People v. Villarreal) and has indeed committed a serious lapse in
the duty owed by him to his client as well as to the court not to
delay litigation and to aid in the speedy administration of justice
(People v. Daban).
Respondent Attorney was suspended from practice of law for a
period of three months and also directed to return to complainant
the fees he had received.
Direct Examination of 2nd Plaintiffs' witness Ignacio Tomias. Crossexamination was waived (February 28, 1984).
Plaintiff Pedro Quilat-Quilat was presented on direct examination
(August 21, 1985).
On 1986, the Citizen Legal Assistance Office (CLAO) entered its
appearance as new counsel of private respondents after Atty.
Gerardo Lituanas has filed his withdrawal. The subsequent events
are as follows:
The case was set for hearing on April 21, 1987 (February 23, 1987).
The hearing was reset due to the projected amendment of the
complainant to implead PrimitivaTorrecampo (April 21, 1987). The
third amended complaint was admitted (June 19, 1987). Hearing
was postponed at the instance of the defendants [herein petitioners]
(September 9, 1987). The hearing was suspended for the reason
that the Court would require the private respondents to submit a
certification from the Bureau of Forest Development that the land
involved in this case was not a part of the public forest (October 22,
1987). The hearing was postponed at the request of thecounsel of
the private respondents for the reason that she would be attending
a conference in Cebu City (December 17, 1987).
The hearing was aborted due to the fact that the Bureau of Forest
Development report had not yet been finished (March 18, 1988).
The hearing was reset upon agreement of both counsel (July 5,
1988). The hearing was reset upon the instance of the Court
(September 15, 1988). No hearing was held as the certification from
the Bureau of Forest Development was being awaited (December 8,
1988 March 16, 1989).
The testimony of Private Respondent Pedro Quilat-Quilat was
suspended after a question was propounded that would require him
to use reading eyeglasses which he did not have at the moment
(May 25, 1989). Hearing was reset due to the illness of the counsel
of private respondents. (December 14, 1989).
Atty. Eleccion, counsel of petitioners did not appear despite due
notice. The private respondents rested their case (September 20,
1990). Atty. Eleccioncounsel of private respondents did not appear
(October 15, 1990). Hearing was reset during which Atty. Eleccion
did not appear (October 16, 1990). Hearing was reset to December
10 - 12. Atty. Eleccion asked for postponement (December 10,
1990). Hearing was reset during which Atty. Eleccion did not appear.
The case [was] submitted for decision as of that day (December 11,
1990).
The transcript of stenographic notes which was taken down by
stenographer Alexander Yberley, was missing. He was ordered to
produce the transcript (August 21, 1992). Witness Atilano Ramirez
petitioners for June 16, 1995 with a stern warning to the petitioners
(March 16, 1995). The hearing set for this daywas cancelled as the
Judge was on leave and reset to September 8, 1995 (June 16, 1995).
The counsel of petitioners did not appear. Hearing was reset to
November 16, 1995 (September 8, 1995). The counsel of petitioners
did not appear. Neither did his client. The hearing [was] reset to
February 13, 1996 (November 16, 1995).
The counsel of petitioners filed a motion to withdraw as counsel. The
Court granted the withdrawal. The petitioners were directed to
immediately engage the services of a new counsel The Court issued
an order setting the case [for] April 26, 1996. This order was
received by the wife of the [Petitioner] Mauro Edrial, Jr. (February
1996). There was no appearance from the petitioners. Hence, the
case was submitted for decision for the fourth time (April 26, 1996).
Atty. Sedillo filed a motion to reopen the case and in effect
reentered his appearance (July 8, 1996). Private respondents thru
counsel filed opposition to motion of the petitioners (August 20,
1996). The Hon. Judge issued an order denying the motion to reopen
hereby affirming the April 26, 1996 order submitting the case for
decision. Petitioners filed a motion for reconsideration (September
1996). The Court denied the motion for reconsideration (October
1996).
The CA dismissed the appeal of petitioners because, in issuing the
questioned Orders, the trial judge committed no grave abuse of
discretion amounting to lack of jurisdiction. In giving petitioners
more than ample time to complete their presentation of evidence
and in granting their Motions for Postponement, the judge was
accommodating them more than they actually deserved.
ISSUE:
1. Whether or not the reversal of the CA ruling would have allowed
petitioners to have more time to complete their evidence.
2. Whether or not the CA violated the right to due process of the
petitioners.
HELD:
No.
The Code of Professional Responsibility requires that lawyers, after
obtaining extensions of time to file pleadings, memoranda or briefs,
shall not let the period lapse without submitting the same or
offering an explanation for their failure to do so (Rule 12.03).
Moreover, they should avoid any action that would unduly delay a
case, impede the execution of a judgment or misuse court
processes.
the clients as per its resolution of August 18, 1970) and Atty. Tayco
to comment on the dismissal motion. Withdrawing counsel Valente
led his manifestation dated September 28, 1970 alleging inter alia
that he had not received a copy of the dismissal motion and could
not therefore comment thereon and submitting therewith the signed
conformity of his clients to his withdrawal and reiterating his prayer
for the court to grant his withdrawal and to grant appellants
sufficient time to file their brief. New counsel Tayco led no comment
whatsoever.
The appellate court granted withdrawing counsel's motion to
withdraw per its resolution of October 9, 1970 but meanwhile issued
no resolution on the motion of appellees to dismiss the appeal.
On June 25, 1971 or eleven months later, without appellants having
led their brief at all, the appellate court issued its resolution
granting the dismissal motion and dismissing the appeal on the
ground stated by appellees in their motion that appellants had failed
to file their brief within the reglementary45-day period. It was only
then that new counsel Tayco apparently stirred from almost a year
of inaction and led a motion dated July 13, 1971 for reconsideration
of the dismissal of the appeal on the ground that he as new counsel
had not received the notice to le brief. The appellate court per its
resolution of August 17, 1971 denied the motion for reconsideration,
pointing out that the appearance of Atty. Taycowas entered on
August 18, 1970 after the period for filing brief had already expired
on August 10, 1970. New counsel Tayco led a second motion for
reconsideration which the appellate court denied.
HELD:
Yes. The appellate court committed no error in dismissing the
appeal. Petitioners -appellants have shown no valid and justifiable
reason for their inexplicable failure to file their brief and have only
themselves to blame for the inaction and gross indifference and
neglect of their counsel in not having filed their brief for a year since
receipt of due notice to file the same. They could not even claim
ignorance of the notice of the appellate court to file brief since it
had required withdrawing counsel Valente to secure their written
conformity before granting his withdrawal as counsel, and certainly
they must have ascertained from him as well as new counsel the
status of their appeal which accounts for the repeated prayers of
Atty. Valente in his two motions for withdrawal for the granting of
sufficient time for new counsel to file the brief. They had almost a
year thereafter to make sure that their new counsel did attend to
their appeal and did file the brief.
CANON 12
Siy Lim v. Atty. Carmelito Montano
A.C. NO. 5653
FACTS:
This is a complaint filed against Atty. Carmelito Montano by John Siy
Lim for gross misconduct in filing a recycled civil case (Civil Case No.
C-19928 entitled Spouses Tomas See Tuazon and Natividad See
Deecho v. John Siy Lim and the Register of Deeds of Caloocan City)
which has already been decided and is final and executory. The
latter is the defendant in the Civil Case No. C- 14542 then pending
before the RTC of Caloocan City, Branch 131, for reformation of
contract, quieting of title, with damages. After trial, the RTC, ruled in
favor of John Siy Lim, the defendant in the said civil case, and
declared that the deed of sale executed by the parties on July 15,
1987 was an absolute and unconditional conveyance of subject
property by the plaintiff in favor of John Siy Lim. On motion for
reconsideration, the trial court reversed itself. The case was
appealed to Court of Appeals, to which the appellate court reversed
the ruling of the RTC and reinstated its original ruling. Undaunted,
the aggrieved party elevated the case to the Supreme Court to
which it affirmed the decision of appellate court and denied the
petition on October 3, 2000.
ISSUE:
Whether or not the elements of res judicata are present in the case
as to bar the filing of Civil Case No. C- 19928, thereby making the
respondent guilty of misconduct?
HELD:
YES. By the principle of res judicata: (a) the judgment in Civil Case
No. C-14542, upholding the validity of the absolute deed of sale, had
attained finality; (b) the court which rendered the decision had the
required jurisdiction; and (c) the disposition of the case was a
judgment on the merits. The counsel is guilty of forum shopping,
which is tantamount to misconduct. Forum shopping is the filing of
multiple suits involving the same parties for the same cause of
action, either simultaneously or successively, for the purpose of
obtaining a favorable judgment. It exists when, as a result of an
adverse opinion in one forum, a party seeks a favorable opinion in
another, or when he institutes two or more actions or proceedings
grounded on the same cause to increase the chances of obtaining a
favorable decision. The filing of another action concerning the same
subject matter, in violation of the doctrine of res judicata, runs
contrary to Canon 12 of the Code of Professional Responsibility,
which requires a lawyer to exert every effort and consider it his duty
to assist in the speedy and efficient administration of justice. By his
actuations, respondent also violated Rule 12.02 and Rule 12.04 of
the Code, as well as a lawyer's mandate "to delay no man for money
or malice."
Spouses Alejandrino v. CA
G.R. NO. 114151
FACTS:
The late spouses Alejandrino left their six children named Marcelino,
Gregorio, Ciracio, Mauricia, Laurencia, and Abundio a lot in Cebu
City. Upon the death of the spouses, the property should have been
divided among their children, however, the estate of the Alejandrino
spouses was not settled in accordance with the procedures.
Petitioner Mauricia (one of the children) allegedly purchased portion
of the lots from the shares of her brothers: Gregorio, Ciracio, and
Abundio. It turned out, however, that a third party named
LicerioNique, the private respondent in this case, also purchased
portions of the property from Laurencia, Abundio, and Marcelino.
ISSUE:
Whether or not there is a qualified violation of Circular No. 28-91 on
forum shopping?
HELD:
NO. Forum shopping exists where the elements of litispendentia are
present or where a final judgment in one case will amount to res
judicata in the other. 17 Because the judgment in Civil Case No.
CEB-7028 is already final and executory, the existence of res
judicata is determinative of whether or not petitioner is guilty of
forum shopping. For the principle of res judicata to apply, the
following must be present: (1) a decision on the merits; (2) by a
court of competent jurisdiction; (3) the decision is final; and (4) the
two actions involve identical parties, subject matter and causes of
action. The fourth element is not present in this case. The parties
are not identical because petitioner was not impleaded in Civil Case
No. CEB-7028. While the subject matter may be the same property
of the Alejandrino spouses, the causes of action are different. Civil
Case No. CEB-7028 is an action for quieting of title and damages
while Civil Case No. CEB-11673 is for redemption and recovery of
properties.
met with failure when his petition for certiorari was dismissed.
Undaunted, respondent sought to prevent his ouster when the case
was remanded to the Court of First Instance for execution. As a
means to that end, he then filed an action to have himself declared
as the direct lessee of the premises in question by virtue of an
alleged contract with Fernandez Hermanos, with a petition for a writ
of preliminary injunction to suspend the execution of the decision of
the Court of Appeals in so far as his ouster was concerned.
Defendants in said action are Li Kim Tho, the Sheriff of Manila, and
Fernandez Hermanos, Inc. The preliminary injunction was granted
but was, upon a motion for reconsideration, lifted, with the result
that the respondent was ejected from the premises by the sheriff of
Manila. Upon a motion for reconsideration, however, filed by said
respondent, the same court, now acting through another judge,
issued a writ of mandatory injunction to restore him in the
possession of the premises, thereby putting into effect again the
writ of preliminary injunction which another judge had ordered lifted.
That writ of mandatory injunction is now the subject matter of the
present petition for certiorari.|
ISSUE: WON the Judge acted with grave abuse of discretion in
issuing the writ of mandatory injunction?
HELD: Yes. It is, of course, settled that the stay of execution of a
final judgment may be authorized whenever it is necessary to
accomplish the ends of justice as, for instance, where there has
been a change in the situation of the parties which makes such
execution inequitable. But we are persuaded that such is not the
case here. The filing by respondent Go Siu Kao of a new action to
litigate again his right to continue in the possession of the premises
in controversy as an alleged basis for suspending the execution of a
final judgment which denies him such right, savours of a mere
scheme to delay or frustrate the execution of the judgment in
question. Obvious is the fact that the issue raised in the new case is
something that has already been passed upon by the Court of
Appeals in connection with the denial of respondent's motion for
new trial based on an alleged contract of lease between him and
Fernandez Hermanos.|
Litigation must end and terminate sometime and
somewhere, and it is essential to an effective and efficient
administration of justice that once a judgment has become
final, the winning party be not, through a mere subterfuge,
deprived of the fruits of the verdict. Courts must therefore
Bergonia v. Merrera
Adm. Case No. 5024, February 20, 2003
A motion for extension to file an appellant's brief carries with it
the presumption that the applicant-lawyer will file the pleading
within the period granted. Failure to so file the brief without any
reasonable excuse is a violation of the Canons of Professional
Responsibility. For such violation, a lawyer may be
administratively sanctioned, especially if it results in damage to
the client.|||
FACTS: Complainant, together with her relatives, filed a case for the
quieting of title (docketed as Civil Case No. U-4601) against her
niece Josephine Bergonia, as well as Spouses Rodolfo and Remedios
Parayno and their minor daughter Gretchen. After due trial, the
Regional Trial Court (RTC) of Urdaneta, Pangasinan, Branch 49,
promulgated its Decision in favor of the Parayno spouses and their
daughter. On appeal, the CA affirmed the ruling of the trial
court and the Decision became final and executory.
Since the disputed land was still in the possession of complainant,
the Paraynos instituted Civil Case No. U-6061 to recover
possession. After the Answer was filed, respondent became her
counsel of record. After due trial, Branch 48 of the same RTC
rendered its Decision ordering her to vacate the premises and to
surrender possession thereof to the Parayno spouses.
Thereafter, complainant appealed the RTC judgment to the CA.
Respondent, as counsel, received a Notice to File Brief on December
17, 1997. Acting on his Motion for extension to file the appellant's
brief, the CA in its February 18, 1998 minute Resolution granted hire
until March 17, 1998 to do so. Even before the first extension had
lapsed, however, he again filed an Urgent Second Motion for
extension to file brief, praying that he be given until April 16, 1998
to submit the required pleading. The CA again granted his Second
Motion. Eventually, the deadline, which had already been extended
twice, lapsed without his filing the appellant's brief. Hence, the CA,
upon motion of the appellees, dismissed the appeal in its June 25,
1998 Resolution. Thus, this administrative case seeking the
disbarment of Atty. Arsenio A. Merrera for violating Canons 12 and
18 of the Code of Professional Responsibility. Complainant alleged
that his inexcusable negligence, while acting as her counsel, caused
the unceremonious dismissal of her appeal.|
ISSUE: WON Atty. Arsenio A. Merrera is subject to disbarment for
violating Canon 12?
HELD: No, but Atty. Merrera is suspended for 6 months. Rule 12.03,
Canon 12 of the Code of Professional Responsibility, requires all the
members of the bar to observe the following:
"A lawyer shall not, after obtaining extensions of time
to file pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an
explanation for his failure to do so."
Expressly stated is the requirement to show good and sufficient
cause for requests of extension of time to file appellate
briefs. Section 12 of Rule 44 of the Rules of Court provides that an
extension of time for the filing of a brief shall not be allowed, except
when there is good and sufficient cause, and only when the motion
is filed before the expiration of the extension sought.
From time to time, a request for extension becomes necessary when
an advocate needs more time to study the client's position.
Generally, such request is addressed to the sound discretion of the
court. Lawyers who, for one reason or another, decide to dispense
with the filing of the required pleading, should promptly manifest
this intent to the court. It is necessary for them to do so in order to
prevent delay in the disposition of the case. Those who file motions
for extension in bad faith misuse the legal process, obstruct
justice, and thus become liable to disciplinary action.
CANON 12
Sebastian v. Bajar
A.C. No. 3731, September 7 2007
Facts:
The respondent is the lawyer of Fernando Tanlioco and Bureau of
Agrarian Legal Assistance (BALA) of the Department of Agrarian
Reform. As an agricultural lessee of the complainant Manuel
Sebastian an ejectment case was filed against Fernando Tanlioco in
order to convert the land use from agricultural to residential.
A judgment was rendered by Regional Trial Court making
Tanliocos ejectment subject to the payment of disturbance
compensation as it was affirmed by the Court of Appeals and the
Supreme Court.
On the other hand, Atty. Emily Bajar (respondent) filed a case
for Specific Performance to produce the conversion order and
eventually it was dismissed by the RTC due to res juridicata and lack
of cause of action. After which a subsequent case was filed for
Maintenance of Possession with the Department of Agrarian Reform
Adjudication Board.
Petitioner then filed a disbarment case against respondent on
the reason of obstructing, disobeying, resisting, rebelling, and
impeding final decisions of the Supreme Court and for submitting
those final decisions for review and reversal of the Department of
Agrarian Reform Adjudication Board.
Issue: Whether or not Atty. Emily Bajar be disbarred due to
obstruction, disobedience and resistance to the decisions of the
Court?
Held: The court finds sufficient evidence to the support the IBPs
findings that: respondent appealed a case for purposes of delay
which amounted to an obstruction of justice and Atty. Bajar abused
her rights of recourse to the courts by her filing of multiple suits that
should have been avoided and her acts where tantamount to forum
shopping.
Atty. Bajars acts constitute gross misconduct and willful
disobedience of lawful orders of the superior court. Wherefore, she
was ordered for suspension for three years.
Salomon Jr. vs. Frial
AC no. 7820, September 12, 2008
Facts:
Atty. Ricardo M. Salomon Jr. charged respondent Atty. Joselito
C. Frial with violating his Lawyers Oath and gross misconduct
arising from his actuations with respect to two attached vehicles.
Complainant, owner of the vehicles in question asked that
respondent be disbarred.
In the case of Lucy Lo vs. Ricardo Salomon et al, in which a
writ of preliminary attachment was issued in favor of Lucy Lo, the
respondents client. The writ was used to attach two cars of
complainant.
According to Atty. Salomon, instead of depositing the attached
cars in court premises, it was turned over to Atty. FrialLos counsel.
Petitioner further alleged, when in misuse of the car was reported,
paving for Liquigans apprehension, Atty. Frial, in a letter
acknowledged having authorized Liquigan to bring the car in
custodial legis to a mechanic.
In his response, respondent Atty. Frial admitted taking custody
of the cars thru his own undertaking, without authority and
knowledge of the court. He then denied personally using or allowing
others the use of cars.
Issues: Whether or not Atty. Frial used the cars for his personal
benefit?
Whether or not Atty. Frial was guilty of infidelity in the custody
of the attached properties?
Held: On the basis of the foregoing premises, the Commission
concluded that Atty. Frial committed acts clearly bearing on his
integrity as a lawyer, adding that he failed to observe the diligence
required of him as custodians of the cars. The Commission thus
recommended that Atty. Frial be suspended from the practice of law
for 1 year.
A writ of attachment issues to prevent the defendant from
disposing of the attached property, thus securing the satisfaction of
any judgment that may be recovered by the plaintiff or any proper
party.
Canon 13
CESAR L. LANTORIA VS. ATTY. AIRINESS L. BUNYI
A.C. No. 1769
June 8, 1992
Facts:
Complainant Lantoria seeks a disciplinary action against
respondent Attorney Bunyi on the ground that the said respondent
allegedly committed acts of graft and corruption, dishonesty and
conduct unbecoming of a member of the Integrated Bar of the
Philippines, and corruption of the judge and bribery in connection
with respondent's handling civil case prescribed over by Municipal
Judge Galicia. The administrative case immersed from the cases for
ejectment of squatters in Constacia Mascarinas land, where
respondent Bunyi was the counsel and was allegedly one who
prepared the decisions.
Issue:
Whether or not respondent Attorney is guilty of unethical
conduct.
Held:
Yes. The court explained that the subject letters attached in the
case indicate that respondent had previous communication with
Judge Galicia regarding the preparation of the draft decision in his
handling civil case and which he actually prepared. The mere fact
that Attorney Bunyi prepared the decision is a conclusive conduct of
unbecoming of a lawyer and an officer of the court.
A lawyers attempt to influence the court is rebuked and
prohibited in canon 13 and rule 13.01 of the new Code of
Professional Responsibility. Canon 13 provides that a lawyer shall
rely upon the merits of his cause and refrain from any impropriety
which tends to influence, or gives the appearance of influencing the
court and Rule 13.01 that a lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for, cultivating
familiarity with judges.
CANON 13
A lawyer shall rely upon the merits of his cause and refrain from any
impropriety which tends to influence, or gives the appearance of
influencing the Court.
FACTS:
Complainant Rau Sheng Mao is a Taiwanese national who
went to the Philippines to invest in a beach resort for leisure and
recreation. He engaged the services of Atty. Velasco both as a
legal consultant and as a retained counsel. However, he now
seeks respondents disbarment for alleged deceit in the conduct
of business, immorality and implying influence over judges.
Unfortunately during the investigation of the IBP, complainant
was not able to present evidence to support his claims of being
deceived by respondent in the business. On the other hand he
was able to present sufficient evidence of his immorality and
implying influence over judges. Respondent was alleged to be
living with a woman not his wife and has produced three
children, which he denied. He also wrote letters to complainant
asking money in favor of judges holding the cases of
complainant, which he neither denied nor claimed to be true.
ISSUE:
Whether or not Atty. Velasco should be punished for the
complaints against him.
HELD:
Yes. Atty. Velasco should be held responsible for two out of
the three complaints against him. There being no evidence
presented for his alleged deceit, this complaint was dismissed.
However, for his immorality, evidences were presented. The
evidences showed the other woman using his surname in some
transactions, while all the children born of said illicit relationship
were all acknowledge by respondent as shown by their
surnames, which they use in their records. Rule 1.01 of the Code
of Professional Responsibility a lawyer shall not engage in
unlawful, dishonest, immoral or deceitful conduct. Keeping of
mistress is considered as a defiance of the mores and sense of
morality of the community. Canon 13 states that a lawyer shall
rely on the merits of his cause and refrain from any impropriety
which tends to influence, or give appearance of influencing
court. Respondents written letters which complainant presented
as evidence gave the impression that the decision of the judge
can be influenced, by certain amounts of money. Thus he was
Bueno v. Raeses
[Adm. Case No. 8383, December 11, 2012]
CANON 13
A lawyer shall rely upon the merits of his cause and refrain from any
impropriety which tends to influence, or gives the appearance of
influencing the Court.
FACTS:
Complainant hired Atty. Raeses to represent her in Civil
Case No. 777. Complainant paid respondent his retainer fee, for
which she was not issued a receipt aside from this she agreed to
pay him 800 pesos for every hearing that he will attend.
However, he was sometimes absent or late. On november14,
1988, respondent asked for 10,000 pesos from complainant, for
ISSUE:
Whether respondent is liable for the following charges
against him: 1. negligence, 2. soliciting money.
HELD:
1. No. Respondent is not liable for negligence. The complainant was
not able to file a formal offer and present evidences which were
stated in her affidavit. Although the said evidences can be
procured easily.
2. Yes. Respondent is liable for the charge of soliciting money.
Canon 13 of the Code of Professional Responsibility states that
lawyers are instructed to refrain from any impropriety tending to
influence or from any act giving appearance of influencing, the
court. Respondent did not only do the former impropriety but
also engaged himself in fraudulent act, tarnishing the reputation
of the judge and of the justice system itself, by soliciting money
from complainant several times claiming that it is for the judge.
The sentence was to disbar him and remove him from the roll of
attorneys.
CANON 13
RE: Suspension Of Atty. Bagabuyo, Former Senior State
Prosecutor
ADM. CASE NO. 7006
FACTS:
The administrative case has its roots from the case of People v. Luis
Bucalon Plaza heard before the sala of Judge Jose Manuel Tan,
Regional trial court of Surigao City, Branch 29. Luis Bucalon, was
found to be guilty of homicide and not murder with the evidence as
basis. Counsel of the defense thereafter filed a motion to fix that
amount of bail bond, with which Senior state prosecutor and
deputized prosecutor of the case Atty. Rogelio Z. Bagabuyo contests
stating that murder is non-bailable. Atty. Bagabuyo thereafter filed a
motion for reconsideration which was consequently denied. Hence,
instead of resorting to his available judicial remedies, respondent
caused the publication of an article in the August 18, 2003 issue of
Mindanao Gold Star Daily. Atty. Bagabuyo again resorted to the
media, after he was ordered arrested and put up a bail of
P100,000.00 this time at Radio Station DXKS. He attacked once
again Judge Tan and his disposition on the proceedings of People v.
Luis Bucalon Plaza.
ISSUE:
Whether or not Atty. Bagabuyo has violated the Code of professional
conduct.
HELD:
Yes. Atty. Bagabuyo is found guilty of violating the code of
professional conduct Canon 13, Rule 13.02 which states that a
lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
That instead of resorting to the available judicial remedies before
him, Atty. Bagabuyohas degraded the dignity and authority of the
court and the presiding judge, as well as promoted distrust in the
administration of justice when he resorted to media and declared his
complaints there. Atty. Bagabuyo is also cited for violation of Canon
11, when he disrespected the courts and the judicial officers and
Rule 11.05 when he did not submit grievances against a judge to
proper authorities only.
FACTS:
Foodsphere, a corporatation engaged in the business of meat
processing and manufacture of canned goods of CDO filed an
administrative complaint against Atty. Melanio Mauricio, Jr. for
violation of the code of professional responsibility. The case at hand
involved a certain Alberto Cordero who purportedly found a colony
of worms inside the can of liver spread by CDO and Foodsphere that
he bought from the grocery. The Cordero family sued the company
for P150,000 for damages, but the companies did not agree to the
demands. The Corderos thereafter threatened to resort to the
media, if their demands are not met. Consequently, Atty. Mauricio
the counsel of the Corderos, was involved in various media
productions such as being a writer/columnist of tabloids including
BalitangPatas BATAS, Bagong TIKTIK, TORO and HATAW!, and a host
of a television program KAKAMPI MO ANG BATAS telecast over UNTV
and of a radio program Double B-BATAS NG BAYAN aired over DZBB.
Atty. Mauricio, in many cases utilized these media outlets to place
the said company in a bad light by declaring to the masses the liver
spread of worms; even after his receipt of the Order addressed to
him to desist from further publishing, televising and/or
broadcasting any matter subject of the Complaint in the instant case
more specifically the imputation of vices and/or defects on plaintiff
and its products. Even after the parties have performed an
agreement, signed by the Corderos and Atty.Mauricio himself
resulting in the dismissal of the Cordero case, Atty.Mauricio still
inexplicably launched a media offensive to the companies.
ISSUE:
Whether or not, Atty. Mauricio has violated the Code of Professional
Responsibility.
HELD:
Yes. Atty. Mauricio has violated the code of professional
responsibility. His recourse to the Media, even after being told to
desist from such was a clear violation of Rule 13.03 of Canon 13, A
lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a
party. His action has put not only the company Foodsphere and
CDO in a bad light, but has also degraded the dignity and authority
of the legal system. Besides the above, he has also violated Canon
1.01 by engaging in deceitful conduct taking advantage of the
complaint against CDO to advance his own interests, and Canon 8,
when he used abusive and offensive language in his dealings.
Cruz v. Salva
G.R. No. L-12871, July 25, 1959
CANON NUMBER: Canon 13
FACTS: Manuel Monroy was killed in 1935. Subsequent to appeals
and reinvestigation, counsel for Oscar Castelo (accused) and his co-
defendants
wrote
to
respondent
Fiscal
Salva
to
conduct
the
big
crowd
that
wasted
to
witness
the
the
unusual
privilege
of
asking
questions
to
CANON 13
In Re Lozano
54 Phil 801, July 24 1930
Facts:
On April 29 1930, El Pueblo, a newspaper published in Iloilo
and edited by Severino Lozano, printed an account of the
investigation written by AnastacioQuevedo, said to be an employee
in the office of the Judge under investigation.
The article then suffices evidence of the different witnesses of
the investigation of the Judge. Quevedo alleges that the facts
therein contained are false, malicious, and untrue and that said
report took sides with the respondent judge. The Solicitor General
was designated to conduct the investigation of the charges, and
pursuant to said designation, and investigation was conducted
secretly as in customary in cases of this character.
In the same connection, the Solicitor General states that the
newspaper report does not contain a fair and true account of the
facts disclosed at the investigation.
Under the following circumstances, the observations of the
Solicitor General must be necessarily be accepted and true.
Issue: Whether or not Severino Lozano and AnastacioQuevedo are
guilty of contempt of court?
Held:
Yes, the Court ordered each to pay a nominal sum of P20 within 15
days. The rule is well established that the newspaper publications
tending to impede, obstruct, embarrass, or influence the courts in
administering justice in a pending suit or proceeding constitute
criminal contempt, which is summarily punishable by the courts.
Respect for the Judiciary cannot be had if persons are privileged to
scorn a resolution of the court adopted for good purposes, and if
such persons are permitted by subterranean means of diffuse
inaccurate
accounts
of
confidential
proceedings
to
the
embarrassment of the parties and the courts.
In re: Abistado
557 Phil 668, December 1, 1932
Facts:
On October 20 1932, Paz Luzan filed a charge of malpractice
against Atty. Ramon Sotelo, and attached to her complaint 13
exhibits.
Atty. Ramon Sotelo called then the attention of the court to
the fact that there had been published in the weekly newspaper,
The Union on October 24th, a statement as to the filing of the
charges, with the notice that in the subusequent issues the
complete charges and the exhibits attached thereto would be
published. Sotelo requested that it was contrary to a resolution of
the court providing that administrative charges against attorneys
and judges of first instance should be confidential until finally
disposed of.
The motion of Atty. Sotelo by the resolution of the court was
Canon 14
VERONICA SANTIAGO ET. AL VS. ATTY. AMADO FOJAS
A.C. no. 4103
September 7, 1995
Facts:
Complainants herein are former clients of the respondent
Attorney Fojas. They prayed that the latter be disbarred for
malpractice, neglect and other offenses which may be discovered
from the actual investigation of their complaint. They alleged that
they lost their case to Judge Capulong and other appeals because of
the respondents malpractice of law and negligence. However, the
respondent denies the above allegations and explain that the
unfavorable judgment was not imputable of his mistakes but to the
merits of the case.
Herein complainants, as officers of FEUFA were found guilty for
illegal dismissal of Paulino Salvador from the union. The DOLE favors
Salvador. Subsequently, Salvador filed a complaint against the
complainants for actual, moral and exemplary damages and
attorneys fees, which respondent Fojas filed a motion to dismissed
the case. However, the case was reinstated upon Salvadors motion
for reconsideration and the complainants were ordered to file their
answer. However, respondent Fojas as counsel of the complainants,
instead of filling an answer just keep on filling a motion for
reconsideration and dismissal of the case.
Issue:
Whether or not the respondent committed a culpable negligence
under the Canon 14.
Held:
Yes. The court ruled that Canon 14 of the Code of Professional
Responsibility empowers, once a lawyer agrees to take up the cause
of a client, the lawyer owes fidelity to such cause and must always
be mindful of the trust and confidence reposed in him. That a lawyer
must serve his client with competence and diligence, and champion
the latters cause with wholeheartedly fidelity, care and devotion. In
relation to the above case, this simply means that the complainants
are entitled to the benefit of any and every remedy and defense
that is authorized by the law of the land and they may expect him to
assert such remedy or defense. And respondent Fojas failure to file
an answer is also his failure to comply with his duty.
Francisco v. Portugal
Adm. Case No. 6155, March 14, 2006
CANON 14
A lawyer shall not refuse his services to the needy.
Rule 14.01- a lawyer shall not decline to represent a person
solely on account of the latters race, sex, creed or status of life, or
because of his own opinion regarding the guilt of said person.
FACTS:
On March 21, 1994, complainants were involved in a shooting
incident, which resulted to the death of two individuals and the
injury of another. Informations were filed against the accused for
murder and frustrated murder at Sandiganbayan. Accused plead
not guilty, but was found guilty of homicide and attempted
homicide. This is where respondents services were employed.
Respondent filed a motion for reconsideration and with the
Sandiganbayan, but was denied. Due to this he filed an urgent
motion for leave to file Second Motion for Reconsideration,
pending resolution from sandiganbayan respondent also filed a
petition for review on certiorari (Ad Cautelam) on May 3, 2002.
That was the last that the complainants heard from him. After
more than a year, the complainants were shocked to find out
that the court already has a decision dated July 3, 2002, denying
the petition for late filing and non-payment of docket fees. Due
to this, a warrant of arrest was already issued against them.
They believe that respondent did nothing to prevent the
reglementary period seeking reconsideration from lapsing.
ISSUE:
Whether or not respondent committed gross negligence or
misconduct in handling the case of complainants.
HELD:
Yes. Respondent is guilty of gross negligence or misconduct
in handling the case complainants. In criminal cases similar to
the one handled by respondent, he has higher duty to
circumspect in defending accused, because their right to liberty
and life are at stake. The results of the investigation of the IBP
shows that respondent was negligent in the conduct of his work.
In Armin v Bonavil, it was ruled that once a lawyer agrees to take
up the cause of the client, the lawyer owes fidelity to such cause
and must always be mindful of the trust and confidence reposed
in him.
In addition to this he also committed a misconduct in his
offensive appalation which respondent called the shooting
incident, this was not appreciated by the court. Rule 14.01 of the
Code states that lawyers are not to discriminate clients as to
their belief of the guilt of the latter. It was deemed
unprofessional to call the incident as salvage, where in the case
in pending. Thus he was sentenced to six months of suspension
of license to practice law.
CANON 14- a lawyer shall not refuse his services to the needy.
Rule 14.01- a lawyer shall not decline to represent a person
solely on account of the latters race, sex, creed or status of life, or
because of his own opinion regarding the guilt of said person.
FACTS:
Spouse Pedro and Angelina Telan, herein petitioners, rented a
lot owned by Luciano Sia for 50.00 pesos per month. Due to its
strategic location the petitioners decided to set up businesses
along the way. This action was followed by private respondents.
Petitioners were asked to leave the place because it was already
sold to private respondents by Sia. Private respondents executed
a deed of sale with assumption of mortgage with Sia. Soon after
the mortgagee of Sias lot foreclosed the mortgage. Private
respondents alongside mortgagee filed a suit to evict petitioners,
however it was dismissed. On September 22, 1986 one of the
private respondents secured a certificate title under his name,
over the contested lot. Due to this, respondents were able to file
an AccionPubliciana against petitioners. Petitioners hired Atty.
Paguiran, for the case, which they were not able to win. Thus
petitioners filed an appeal, however their counsel was disposed
to do so.
Petitioners, asked another person to defend them. Ernesto
Palma, who was an acquaintance of Angelina and introduced
himself as a lawyer to sign in for them. However he was later
found to be a fake, after they have come to know the dismissal
of their appeal and the courts resolution in May 1990.
Petitioners asked Atty. Barot to help them with the case. He filed
a motion for reconsideration with motion to admit attached
appelants brief.
ISSUE:
HELD:
Yes. The representation of the petitioner by a fake lawyer has
resulted to their deprivation of right to counsel and hence a lack
of due process. Like in a criminal case the right of an accused to
be assisted by a member of the bar is immutable. This right
maybe invoked at all times and does not only exist in the trial
courts but also on appeal. Rule 14.01 of the Code of Professional
Responsibilities prohibits a lawyer from declining to represent a
person solely on account of the latters race, sex, creed or status
of life, or because of his own opinion regarding the guilt of said
person. Thus insisting that the petitioners have no right to
appeal since the reglementary period has elapsed due to the
negligence of a fake counsel is preposterous. Since Palma was a
fake, he cannot be considered as a counsel.
CANON 14
OlegariaBlanza v. Atty. Agustin Arcangel
A.C. NO. 492
FACTS:
Complainants OlegariaBlanza and Maria Pasion complain that way
back in April, 1955, respondent Atty. Agustin Arcangel volunteered
to help them in their respective pension claims in connection with
the deaths of their husbands, both P.C. soldiers, and for this
purpose, they handed over to him the pertinent documents and also
affixed their signatures on blank papers. But subsequently, they
noticed that since then, respondent had lost interest in the progress
of their claims and when they finally asked for the return of their
papers six years later, respondent refused to surrender them. He
admitted before the Solicitor general having received the
documents from complainants but explained that it was for
photostating purposes only. His failure to immediately return them,
he said, was due to complainants' refusal to hand him the money to
pay for the photostating costs which prevented him from
withdrawing said documents from the photostat service. Anyway, he
had already advanced the expenses himself and turned over, on
ISSUE:
Whether or not Atty. Agustin Arcangel may be held administratively
liable for his actuation?
HELD:
NO. The court ruled that there is no clear preponderance of
evidence substantiating the complaint. However, since the
respondent counsel volunteered his professional services, he was
not legally entitled to recover fees. Moreover, this absence of
agreement of compensation as the counsel for Blanza and Pasion
does not strip him of the duty to attend to complainants claims with
all due diligence. His conduct must, perforce, be par excellence,
especially so when, as in this case, he volunteers his professional
services. It was unnecessary to have complainants wait, and hope,
for six long years on their pension claims. Upon their refusal to cooperate, respondent should have forthwith terminated their
professional relationship instead of keeping them hanging
indefinitely.
FACTS:
Respondent Alfredo R. Barrios, a member of the Philippine Bar, who
was appointed counsel de oficio for the accused in this case,
Gaudencio Ingco, sentenced to death of September 28, 1970 for the
crime of rape with homicide, was required in a resolution of this
ISSUE:
Whether or not Atty. Alfredo Barrios violated Canon 14 of Code of
Professional Responsibility?
HELD:
YES. The respondent counsel is woefully negligent considering that
the accused is fighting for his life, the least that could be expected
of a counsel de oficio is awareness of the period within which he was
required to file appellant's brief. The counsel has exhibited sheer
inattention tantamount to grave neglect of duty deserving of severe
condemnation. It is clearly unworthy of membership in the Bar
which requires dedication and zeal in the defense of his client's
rights, a duty even more exacting when one is counsel de oficio.
ABAQUETA v. FLORIDO
A.C. No. 5948, January 22, 2003
CANON NUMBER: Canon 14 (Rule 14.03)
FACTS: On November 28, 1983, Gamaliel Abaqueta, engaged the
professional
services
of
respondent.
Accordingly,
respondent
CANON 14
Lames vs. Lascieras
89 SCRA 186, 1979
Facts:
Respondent was admitted to the bar in 1972, was charged by
Carmen Lames with negligence in handling the defense of her son in
a criminal case of the municipal court of Sariaya Quezon.
In the case of Petitioners son was accused of qualified theft
and she faulted that respondent Atty. Lascieras for not appearing at
the promulgation of the judgment although she gave him ten pesos
for transportation expenses.
Respondent lawyer in his answer to the charges alleged that
as counsel de oficio he secured a bail bond for the accused and he
has acted as one of the sureties and presented three witnesses for
the defense and he submitted a memorandum in behalf of Lames
after telling his mother that he need the transcript of stenographic
notes and could not attend to the promulgation of the judgment
because he had a hearing in the Circuit Criminal Court.
Issue: Whether or not respondent should be taken into disciplinary
actions?
Held: No, there is no basis for taking disciplinary action against the
respondent. His conduct as counsel de oficio was not characterized
by deceit, malpractice or gross misconduct and incompetence.
The possibility that a lawyer, more experienced and
competent that the respondent could have been defended
complainants son with more skill and ability is not ground for
holding that respondent is not fit to be a member of the bar.
Respondent absence at the promulgation of judgment is not
sufficient ground subjecting him to disciplinary actions.
People v. Daeng
49 SCRA 221
Facts:
The defendants were indicted for the crime of murder before
the Circuit Criminal Court holding sessions in Pasig, Rizal. They were
accused of killing another inmate hence they were charged for
murder.
Atty. Jose Galvan was appointed by the court as their counsel
de oficio. Guilty plea was initially pleaded by the by the three
accused. The trial court judge then issued a soul searching which
implies that the accused should have changed their plea. Ultimately,
the accused changed their plea from not guilty to guilty as they
were convicted and sentenced to death.
Issue:
Whether or not the conviction should be set aside?
Held: Yes, the accused were not afforded due processes and their
conviction is attended by dubious circumstances. A judge must
refrain from accepting with alacrity an accused plea of guilty, for
while justice demands a speedy administration, judges are duty
bound to be extra solicitous in seeing to it that when an accused
pleads guilty he understands fully the meaning of his plea and the
the import on an inevitable conviction.
On the other hand, the court noticed that Atty. Galvan has
been repeatedly assigned as counsel de oficio by the same trial
judge in other cases therein. The Supreme Court cautioned against
frequent appointment of the same attorney as counsel de oficio.
Canon 15
LETICIA GONZALES, vs. ATTY. MARCELINO CABUCANA
A.C. No. 6836
January 23, 2006
Facts:
On January 8, 2004, Gonzales filed a petition before the
Integrated Bar of the Philippines (IBP) alleging that: she was the
complainant in a case for sum of money and damages filed before
the Municipal Trial Court in Cities (MTCC) of Santiago City, she was
represented by the law firm CABUCANA, CABUCANA, DE GUZMAN
AND CABUCANA LAW OFFICE, with Atty. Edmar Cabucana handling
the case and herein respondent as an associate/partner. A decision
was rendered in the civil case ordering the losing party to pay
Gonzales the amount of P17,310.00 with interest and P6,000.00 as
attorney's fees. Sheriff Romeo Gatcheco, failed to fully implement
the writ of execution issued in connection with the judgment which
prompted Gonzales to file a complaint against the said sheriff with
this Court; in September 2003, Sheriff Gatcheco and his wife went to
the house of Gonzales; they harassed Gonzales and asked her to
execute an affidavit of desistance regarding her complaint before
this Court; Gonzalesthereafter filed against the Gatchecos criminal
cases for trespass, grave threats, grave oral defamation, simple
coercion and unjust vexation; notwithstanding the pendency of the
civil case, where respondent's law firm was still representing
Gonzales, herein respondent represented the Gatchecos in the
cases filed by Gonzales against the said spouses; respondent should
be disbarred from the practice of law since respondent's acceptance
of the cases of the Gatchecos violates the lawyer-client relationship
between complainant and respondent's law firm and renders
respondent liable under the Code of Professional Responsibility
(CPR) particularly Rules 10.01, 13.01, 15.02, 15.03, 21.01 and
21.02. In his Answer, respondent averred: He never appeared and
represented complainant in Civil Case No. 1-567 since it was his
brother, Atty. Edmar Cabucana who appeared and represented
Issue:
Whether or not Cabucana violated 15.03 of Canon 15 of the CPR.
Held:
YES. Rule 15.03 A lawyer shall not represent conflicting interest
except by written consent of all concerned given after a full
disclosure of the facts. It is well-settled that a lawyer is barred from
representing conflicting interests except by written consent of all
FACTS:
In a consolidated case before the National Labor Relations
Commission, herein respondent has been alleged to have
engaged in conflicting interests. Complainant alleges that
respondent represented and acted as counsel for both
complainants and respondent in the same consolidated case. In
the evidence presented by the complainants it was shown that
on August 12, 1997 as a counsel for one of the respondents in a
consolidated case a Motion to dismiss was submitted by him
before the NLRC of San Fernando, La Union. After 16 days,
respondent filed a Complainants consolidated position paper as
representative and counsel for some of the complainants.
Respondent both failed to file his answer to the complaint
and attend the hearings. However he tried to justify his acts in
ISSUE:
Whether or not respondent has engaged in conflicting
interests.
HELD:
Yes. Respondent has engaged in conflicting interests. Canon
15 of the Code of Professional Responsibilities requires a lawyer
to observe candor, fairness and loyalty in all their dealings and
transactions with their clients. Rule 15.03 states that they shall
not represent conflicting interests, except with the concerned
clients written consent given after a full disclosure of facts. In
this case respondent has acted as counsel for opposing parties
and protected his other client in the position paper of the other
party, violating rule 15.03.
Bergonia v. Merrera
[Adm. Case No. 5024, February 20, 2003]
CANON 15- a lawyer shall observe candor, fairness and loyalty in all
his dealings and transactions with his client.
Rule 15.05- a lawyer when advising his client, shall give candid
and honest opinion on the merits and probable results of the clients
case, neither overstating nor understating the prospects of the case.
FACTS:
Merrera was complainants counsel in a civil case which she
appealed to the Court of Appeals. This was for the quieting of
title against complainants niece, spouses Parayno and their
minor child. The Regional Trial Court of UrdanetaPangasinan
favored the Paraynofamily, upon appeal the CA affirmed the
decision of the RTC. Since the land was still in complainants
possession, another civil case was filed by Parayno in order to
recover possession. Complainant, herein, was ordered to vacate
said lot. Complainant appealed the judgment of RT. Respondent,
herein, was asked to file a Brief on December 17, 1997.
Respondent failed to do so, despite the extended time given by
the court due to the two motions for extention of time to file
brief and Opposition to the Motion for the Execution and
Demolition. During the investigation, respondent said that he
tried to convince complainant not to file an appeal, but she did
not heed him.
ISSUE:
Whether or not respondent was negligent in the performance
of his duties as counsel.
HELD:
Yes. Respondent was negligent in the performance of his
duties as a counsel. Rule 12.03 of the Code of Professional
Responsibility requires all members of the Bar to observe the
following: a lawyer shall not, after obtaining extensions of time
to file pleadings, memoranda or briefs, let the period lapse
CANON 15
JULIAN PENILLA vs. ATTY. QUINTIN P. ALCID, JR.
A.C. No. 9149, September 4, 2013
FACTS:
Complainant Julian Penilla entered into an agreement with Spouses
Rey and Evelyn Garin (the spouses) for the repair of his Volkswagen
automobile. Despite full payment, the spouses defaulted in their
obligation. Thus, complainant decided to file a case for breach of
contract against the spouses where he engaged the services of
respondent as counsel. Respondent sent a letter demanding a
refund of complainants payment. When the spouses failed to do so,
respondent advised that complainant would file a criminal case of
estafa against the spouses. Complainant asserts having made
numerous and unsuccessful attempts to follow-up the status of the
case and meet with respondent at his office. He admits, however,
that in one instance he was able to talk to respondent who told him
that the case was not progressing because the spouses could not be
located. In the same meeting, respondent asked complainant to
determine the whereabouts of the spouses. Complainant returned to
respondents office on January 24, 2005, but because respondent
was not around, complainant left with respondents secretary a
letter regarding the possible location of the spouses. Respondent
HELD:
NO.Complainant was only able to prove respondents violation of
Canons 17 and 18, and Rules 18.03 and 18.04 of the Code of
Professional Responsibility, and the Lawyers Oath. Complainant
failed to substantiate his claim that respondent violated Canon 15
and Rule 15.06 of the Code of Professional Responsibility when
respondent allegedly instructed him to give a bottle of Carlos
Primero I to Asst. City Prosecutor Fortuno in order to get a favorable
decision. Similarly, complainant was not able to present evidence
that respondent indeed violated Rule 16.01 of Canon 16 by allegedly
collecting money from him in excess of the required filing fees.
FACTS:
The complainant (FORONDA) is an overseas Filipino worker in Dubai.
In May 2008, she returned to the Philippines to institute a case for
ISSUE:
WON respondent is guilty of violating canon 15, 17 and 18 of the
code of prof. responsibility?
HELD:
YES."[a] lawyer, by taking the lawyers oath, becomes a guardian of
the law and an indispensable instrument for the orderly
administration of justice." It was established that the complainant
engaged the professional services of the respondent. She expected
the immediate filing of the petition for the nullity of her marriage
after the full payment of attorneys fees on June 10, 2008. However,
the respondent filed the said petition only on July 16, 2009. The
This Court finds that the respondent is liable for violation of Canons
15,17, Rule 18.04, and Rule 16.04 of the Code of Professional
Responsibility. Respondent Atty. Jose L. Alvarez, Jr. is SUSPENDED
FOR SIX (6) MONTHS from the practice of law with a stem warning
that a repetition of any of the offenses involved in this case or a
commission of similar acts will merit a more severe penalty.
ROSACIA v. BULALACAO
A.C. No. 3745, October 2, 1995
CANON NUMBER:Canon 15 (Rule No. 15.01)
FACTS:On June 1, 1990, by virtue of a written Agreement,
respondent Atty. Benjamin B. Bulalacao was hired as retained
counsel of a corporation by the name of TacmaPhils., Inc.
On October 31, 1990, the lawyer-client relationship between
the respondent and TacmaPhils., Inc. was severed as shown by
another agreement of even date.
On July, 1991, or after almost nine (9) months from the date
respondent's retainer agreement with Tacma, Phils., Inc. was
terminated, several employees of the corporation consulted the
respondent for the purpose of filing an action for illegal dismissal.
Thereafter, he agreed to handle the case for the said employees as
against Tacma, Phils., Inc. by filing a complaint before the National
Labor Relations Commission, and appearing in their behalf.
Ruste demanded for his fees but the couple did not have
enough money to pay him so he asked them to execute in his favor
a contract of lease and a contract of sale, of their share of Lot No.
3764, intending to apply a portion of the would-be proceeds as
payment for his fees. The spouses complied, although in fact and in
truth, they received neither of the considerations in said contracts.
By virtue of the deeds of sale executed by Atty. Ruste, Ong Chua has
taken possession of said 11/20 share in Lot No. 3764. The PhP370
payment of Chua of the lot through Ruste never reached the hands
of the San Juan couple.
ISSUE:WON Atty. Ruste committed malpractice.
HELD:Yes. There is evidence to show that the respondent has failed
to account to the aggrieved spouses for the various amounts
received by him on account of the transactions effected by him
pertaining to the portion of lot No. 3764. For having improperly
acquired the property mentioned above; which property was then
the subject matter of a judicial proceeding, in which he was counsel,
the respondent is found guilty of malpractice and is hereby
suspended for a period of one year, reserving to the complainant
and his spouse such action as may be proper for the recovery of
such amount or amounts as may be due from the respondent.
CANON 15
Nakpil vs. Valdes
A.C. No. 2040, March 4, 1998
Facts:
Jose Nakpil was the husband of the complainant, became
interested in purchasing a summer residence in Moran St. Baguio
City. Due to the reasons of insufficient funds, he then requested
Valdes, respondent to purchase the Moran Property for him. They
agreed that respondent would keep the property in thrust for the
in his letter dated December 3, 2002 toreturn the P 65, 000.00 plus
interest, and the P 15, 000.00 paid for the filling of the
memorandum.
Issue: Whether or not Atty. Ricaforts act constitutes a grave
violation of the Code of Professional responsibility.
Held: Yes, Atty. Romulo Ricafort is guilty of grave misconduct in
dealing with the Tarogs by violating Canon 16 and Canon 17 of the
Code of Professional Responsibility and disbar him. As a lawyer he
was required to hold in trust any money and property of his clients
that was in his possession, and is needed to be always mindful of
the trust and confidence his clients reposed in him. Thus, having
obtained the funds from the Tarogs in the course of his professional
employment, he had the obligation to deliver such funds to his
clients. Respondent is ordered to return to Erlinda R. Tarog the sums
of P65,000.00 and P15,000.00, plus interest of six percent per
annum reckoned from the demand made on December 3, 2002,
within twenty days from notice.
CANON 16
MENESES v. MACALINO
A.C. No. 6651
February 27, 2006
FACTS:
Complainant Eduardo P. Meneses alleged that sometime in March
1993, respondent Atty. Rodolfo P. Macalino offered his legal services
to complainant to help secure the release of complainants car from
the Bureau of Customs. Respondent proposed to handle the case for
a package deal of P60,000. Complainant agreed and initially gave
respondent P10,000 for processing of the papers. In June 1993,
respondent asked for P30,000 to expedite the release of the car. In
CELAJE v. SORIANO
A.C. No. 7418
October 9, 2007
FACTS:
Complainant Andrea Balce Celaje alleged that respondent Atty.
Santago C. Soriano asked for money to be put up as an injunction
bond, which complainant found out later, however, to be
unnecessary as the application for the writ was denied by the trial
court. Respondent also asked for money on several occasions
allegedly to spend for or to be given to the judge handling their
case, Judge Milagros Quijano. When complainant approached Judge
Quijano and asked whether what respondent was saying was true,
Judge Quijano outrightly denied the allegations and advised her to
file an administrative case against respondent. In his Answer,
respondent denied the charges against him and averred that the
same were merely concocted by complainant to destroy his
character. He also contended that it was complainant who boasted
that she is a professional fixer in administrative agencies as well as
in the judiciary; and that complainant promised to pay him large
amounts of attorneys fees which complainant however did not keep.
In the Report and Recommendation dated January 24, 2006, IBPCommission on Bar Discipline Commissioner Dennis A.B. Funa found
respondent guilty of Gross Misconduct in his relations with his client
and recommended that respondent be suspended for three years
from the practice of law.
ISSUE:
Whether or not Respondent violated Canon 16 of the CPR
HELD:
YES. The Code of Professional Responsibility (CPR), particularly
Canon 16 thereof, mandates that a lawyer shall hold in trust all
moneys and properties of his client that may come into his
possession. He shall account for all money or property collected or
received from his client and shall deliver the funds and property of
his client when due or upon demand. it was established that
respondent could not account for P5,800.00 which was part of the
sum given by complainant to him for the purpose of filing an
injunctive bond. Respondent admitted having received from
complainant P17,800.00 on April 19, 2002 for the preliminary
injunction and admitted to having a balance of P9,000.00 in his
promissory note to the Manila Insurance Co., Inc. dated April 23,
Bautista v. Gonzales
Adm. Case No. 1625, February 12, 1990
CANON 16-a lawyer shall hold in trust all moneys and properties of
his client that may come into his possession.
Rule 16.04- a lawyer shall not borrow money from his client
unless the clients interest are fully protected by the nature of the
case or by independent advice. Neither shall a lawyer lend money to
a client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.
FACTS:
Complainant charged herein respondent Atty. Gonzales with
malpractice, deceit, gross misconduct and violation of lawyers
oath. The court required respondent to answer the charges
against him, and on June 19, 1976 a motion for a bill of
particulars asking the court to order complainant to amend his
complaint by making his charges more definite. On July 15, 1976
complainant submitted an amended complaint for disbarment.
Among the alleged charges by complainant against
respondent are the accepting of a case with his clients and him
agreeing to a contingent fee of 50% of the value of the property
in litigation and filing of various cases to harass complainant and
acting as counsel to defendants of civil case no. Q-15143 in Civil
Case No. Q-15490, while he acted as counsel for the
complainants in Case No. Q-15143.
ISSUE:
HELD:
Yes. The court finds the agreement made by respondent with
his client regarding the contingent fee, contrary to rule 16.04 of
the code. A lawyer shall not borrow money from his client unless
the clients interests are fully protected by the nature of the case
or by independent advise. Neither shall a lawyer lend money to a
client except when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for his
client. However, this is subject to reimbursement, in the
agreement made by respondent and his client, the
reimbursement was not provided. Thus violating said rule.
Agot v. Rivera
[Adm. Case No. 8000, August 5, 2014]
CANON 16- a lawyer shall hold in trust all moneys and properties of
his client that may come into his possession.
Rule 16.01- a lawyer shall account for all money or property
collected or received for or from client.
Rule 16.03- a lawyer shall deliver the funds and property of his
client when due or upon demand. However, he shall have lien over
the funds and may apply so much thereof as may be necessary to
satisfy his lawful fees and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien to the same extent
on all judgments and executions he has secured for his client as
provided for in the Rules of Court.
FACTS:
Complainant hired respondent Atty. Rivera to facilitate the
issuance of her United States Visa because the latter
represented himself as an immigration lawyer. On November 17,
2007, they entered into a contract of legal services. Complainant
paid respondent 350,000 pesos as a down payment for the
service. As a part of their agreement, if ever complainants
application was denied for reasons other than her absence on
the day of the interview or records for criminal action or any
court issued hold departure order, respondent is obliged to
return said down payment.
Respondent failed to perform his undertaking within the
agreed period and complainant was not even scheduled for
interview. Complainant demanded the refund of the down
payment, but respondent was not able to do so. Thus this
administrative case. During the investigation it was found that
respondent was not a immigration lawyer and his failure to
comply with his obligation can be attributed to the pretenses of
a certain Rico Pineda, who believed to be a consul for U.S.
embassy.
ISSUE:
Whether or not respondent is liable for violation of the Code
of Professional Responsibility.
HELD:
FACTS:
On January 8, 2005, Suzette and her friend Ricky S. Tuparan
(Tuparan) engaged the legal services of Atty. Capistrano to handle
the judicial declaration of nullity of their respective marriages
allegedly for a fee of PhP140,000.00 each. On the same date, a
Special Retainer Agreement2 was entered into by and between
Suzette and Atty. Capistrano which required an acceptance fee of
PhP30,000.00, appearance fee of PhP2,500.00 per hearing and
another PhP2,500.00 per pleading. In addition, Atty. Capistrano
allegedly advised her to prepare amounts for the following
expenses:Php 11,000 for filng fees; Php 5000 for Summons; Php
15,000 for Fiscal; 30,000 for Psychiatrist; and Php 15,000 for
Commissioner. In accordance with their agreement, Suzette gave
Atty. Capistrano the total amount of PhP78, 500.00. For every
payment that Suzette made, she would inquire from Atty. Capistrano
on the status of her case. In response, the latter made her believe
that the two cases were already filed before the Regional Trial Court
of Malabon City and awaiting notice of hearing. Sometime in July
2005, when she could hardly reach Atty. Capistrano, she verified her
case from the Clerk of Court of Malabon and discovered that while
the case of Tuparan had been filed on January 27, 2005, no petition
has yet been filed for her. on July 28, 2005, where she demanded
the refund of the total amount of PhP78,500.00, but Atty. Capistrano
instead offered to return the amount of PhP63,000.00 on staggered
basis claiming to have incurred expenses in the filing of Tuparans
case, to which she agreed. However, Atty. Capistrano only returned
the amount of PhP5,000.00 on August 15, 2005 and thereafter,
refused to communicate with her, prompting the institution of this
administrative complaint on September 7, 2005.
ISSUE:
WON Atty. Capistrano
Responsibility?
violated
the
Code
of
Professional
HELD:
YES.Atty. Capistrano committed acts in violation of his sworn duty as
a member of the bar. In his Manifestation and Petition for Review, 12
he himself admitted liability for his failure to act on Suzettes case as
well as to account and return the funds she entrusted to him. He
only pleaded for the mitigation of his penalty citing the lack of
intention to breach his lawyers oath; that this is his first offense; and
that his profession is the only means of his and his familys
livelihood. Commissioner Quisumbing and the IBP-CBD Board of
Governors correctly recommended the appropriate penalty of one
year suspension from the practice of law for violating the pertinent
provisions of the Canons of Professional Responsibility, thus: CANON
16 a lawyer shall hold in trust all moneys and properties of his client
that may come into his possession. RULE 16.01 A lawyer shall
account for all money or property collected or received for or from
the client. RULE 16.02 A lawyer shall keep the funds of each client
separate and apart from his own and those of others kept by him.
Canon 18 a lawyer shall serve his client with competence and
diligence. RULE 18.03 A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection therewith shall
render him liable. RULE 18.04 A lawyer shall keep the client
informed of the status of his case and shall respond within a
reasonable time to the clients request for information.
FACTS:
On or about November 21, 1996, complainants engaged the
services of respondent to facilitate the transfer of title to property,
in the name of Isabel AzcarragaMarcaida, to complainants.
Complainants then gave respondent a check for P68, 250.00 for the
payment of transfer taxes. They also gave respondent a check for
P13, 800.00 for respondents professional fee. Respondent failed to
produce the title despite complainants repeated follow-ups. Several
letters were sent by respondent explaining the delay in the transfer
of title. However, respondent still failed to produce the title. On May
8, 2000, respondent sent another letter to complainants. He
promised to settle the transfer of the land title. However,
respondent reneged on this promise. Complainants were then forced
to obtain a loan from Philippine American Life and General Insurance
Company to secure the transfer of the title to the property in their
names.
Respondent contested the allegations of complainants. According to
him, it was complainants who caused the three-year delay in the
transfer of title to complainants names. Complainants were not able
to furnish respondent several important documents: (a) original
copy of the deed of extrajudicial petition; (b) affidavit of publication
with the clippings of the published item in a newspaper of general
circulation; and (c) a barangay certificate from the barangay where
the property is located as required by the Bureau of Internal
Revenue.
ISSUE:
WON respondent violated Canon 16 of the Code of Professional
Responsibility?
HELD:
YES.The administrative case was referred to the Integrated Bar of
the Philippines (IBP) for investigation, report and recommendation.
The parties were then called to a mandatory conference before the
IBP Commission on Bar Discipline. On July 8, 2008, the Investigating
MANALANG v. ANGELES
A.C. No. 1558, March 10, 2003
CANON NUMBER: Canon 16 (Rule 16.03)
FACTS: Petitioners HonorioManalang and Florencio Cirillo filed a
case against their employer, Philippine Racing Club Restaurant, for
their overtime and separation pay before the NLRC and respondent
Francisco Angeles as their counsel. They obtained a favorable
judgment and their employer was asked to pay PhP6,500. However,
Atty. Angeles compromised and was only able to collect PhP5,500,
and it was allegedly obtained without consulting his clients.
Thereafter, the Office of the Solicitor General conducted
several hearings but the respondent only appeared three times. It
was then transferred to the Committee on Bar Discipline of the IBP.
Either party appeared despite prior due notice. The Committee
issued a resolution recommending that respondent be suspended
clients
money
without
their
acquiescence
was
conduct
Cantiller v. Potenciano
A.M. Case No. 3195
Respondent demanded 1000 for attorney's fees. When the case was
raffled, presiding judge asked respondent to withdraw on ground of
their friendship. Respondent asked for 2000 from complainant to be
given to another judge who will issue the restraining order. Sisters
were only able to raise 1000. Respondent informed complainant that
they needed to file another case of "Specific performance,
Annulment of simulated or spurious sale with damages" to retain
possession and that they needed to prepare 10,000 to be deposited
with the Treasurer's Office of Pasig. Another 1000 was asked from
them to cover the expenses of the suit. The complaint was filed.
HELD: No. The court agrees that the petitions filed by respondent
were poorly prepared and written. The little time involved is no
excuse. Complainant reposed full faith in him. His first duty was to
file the best pleading within his capability.
CANON 17
SPOUSES VIRGILIO and ANGELINA ARANDA v. ATTY. EMMANUEL F.
ELAYDA
A.C. no. 7907
December 15, 2010
FACTS:
Spouses Aranda alleged that Atty. Elaydas handling of their case
was sorely inadequate, as shown by his failure to follow elementary
norms of civil procedure and evidence. On February 14, 2006
hearing of the said case, the case was ordered submitted for
decision spouses Aranda and Atty. Elayda did not appear because
respondent failed to inform complainants of the setting. Despite
receipt of the order dated February 14, 2006, Atty. Elayda never
informed them of such order notwithstanding the follow-up they
made of their case to him. Atty. Elayda did not lift any single finger
to have the order dated February 14, 2006 reconsidered and/or set
aside as is normally expected of a counsel devoted to the cause of
his client. The court naturally rendered a judgment dated March 17,
2006 adverse to Complainants which copy thereof was sent only to
Respondent and complainants did not receive any copy thereof,
certified xerox copy of the decision. Complainants were totally
unaware of said judgment as Respondent had not again lifted any
single finger to inform them of such adverse judgment and that
there is a need to take a remedial recourse thereto. On July 19,
2006, they wasted no time in verifying the status of their case and
to their utter shock, dismay and disbelief, they found out that they
have already lost their case and worst the decision had already
become final and executory. In his response, Respondent narrated
that he was not at fault that he was not able to file the necessary
pleadings in court because the complainants did not get in touch
with him and that he cannot contact the spouses for the latter failed
to give their contact number to him nor did they go to his office to
leave their contact number and that the spouses were negligent in
their I dont care attitude towards their case and for this reason that
they alone should be blamed for what happened to their case. After
the submission of the parties position papers, Investigating
Commissioner Jordan M. Pizarras came out with his Decision[ finding
Atty. Elayda guilty of gross negligence, and recommending his
suspension from the practice of law for a period of six months.
ISSUE:
exercise by this Court of its disciplinary power. The Court has held
that the purchase by a lawyer of his client's property or interest in
litigation is a breach of professional ethics and constitutes
malpractice. However, respondent notes that Canon 10 of the old
Canons of Professional Ethics, which states that "[t]he lawyer should
not purchase any interests in the subject matter of the litigation
which he is conducting," does not appear anymore in the new Code
of Professional Responsibility. He therefore concludes that while a
purchase by a lawyer of property in litigation is void under Art. 1491
of the Civil Code, such purchase is no longer a ground for
disciplinary action under the new Code of Professional Responsibility.
This contention is without merit. A lawyer is disqualified from
acquiring by purchase the property and rights in litigation because
of his fiduciary relationship with such property and rights, as well as
with the client. And it cannot be claimed that the new Code of
Professional Responsibility has failed to emphasize the nature and
consequences of such relationship. Canon 17 states that "a lawyer
owes fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him." notwithstanding the absence
of a specific provision on the matter in the new Code, the Court,
considering the abovequoted provisions of the new Code in relation
to Art. 1491 of the Civil Code, as well as the prevailing
jurisprudence, holds that the purchase by a lawyer of his client's
property in litigation constitutes a breach of professional ethics for
which a disciplinary action may be brought against him.
Canon 17
A lawyer owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed in him.
FACTS:
Complainant is an American citizen who filed an action before
the then Court of First Instance of Rizal, to recover the title and
possession of a parcel of land against spouses Maybituin,
Cessado and Ramos. The defendants won the case, however
complainant filed an appeal, wherein the previous decision was
modified. The judgment was not appealed and was duly entered.
On February 16, 1985 complainant filed an amended complaint
before the Regional Trial Court of Binangonan, Rizal, Branch 67.
His Counsel, at that time, died. Thus he employed respondent.
Complainant alleged that respondent was responsible for the
adverse ruling against him.
Complainant alleged that when the respondents of the civil
case filed a demurrer to evidence, respondent did not file an
opposition thereto. In addition he also alleged that respondent
did not file a motion for reconsideration after the court found
that the respondents demurrer to evidence were meritorious.
Respondent on the other hand, stated that the complainant was
not cooperative or helpful to him. That he only saw him once,
and little information was given to him to work with.
ISSUE:
Whether or not respondent is guilty of neglect.
HELD:
Yes. Respondent was guilty of neglect. In the case of Paguinto
citing Gamalinda v Alcantara, Canon 17 of the Code of
Professional Responsibility- a lawyer owes fidelity to the cause of
his client and must be mindful of the trust and confidence
reposed in him. In view of his actions towards the case and of his
reasons, it was found that he did not exhaust all his resources,
because he only referred to the information given by the client. It
is his job as counsel, specially that his client is residing outside
of the country to exhaust all means of research and prepare well
for the case.
Canon 18 of the Code- states that a lawyer shall serve his
client with competence and diligence. It is his duty to prepare
the trial, and undertake case that he can handle. Although the
complainant is also to blame for his little to no participation
attitude. Respondent is sentenced to six months of suspension to
practice law.
Samson v. Era
[Adm. Case No. 6664, July 16, 2013]
CANON 17
a lawyer owes fidelity to to the cause of his client and he shall be
mindful of the trust and confidence reposed in him.
FACTS:
Complainant Samson was a former client of respondent Era in
a criminal case against Emilia Sison and other officers of ICS
Corporation. Samson and his relatives were one among the
investors who fell prey to the pyramiding scam perpetrated by
Sison and other officers of the ICS Corporation. After preliminary
investigation, Sison and her other companions were formally
charged with estafa in the Regional Trial Court, Branch 96 in
Quezon City. In April 2003, respondent convinced complainants
to have an amicable settlement with Sison and her cohorts. A
property of of the ICS Corporation in Antipolo City will be
exchanged for their desistance, to which they agreed.
However, in order to liquidate the said property,
complainants need a deed of sale. They asked respondent to
issue them a deed of sale to which he obliged. But, respondent
also told them that his obligation and job with the complainants
ends there. Complainants later found out that the title of the
property given to them does not belong to the ICS corporation
anymore. They wrote respondent a letter reminding him of his
promise to settle issues with Sison and her cohorts,
unfortunately they did not hear anything form respondent. This
has prompted them to find a new counsel, since respondent did
not also appear during hearings. They were shocked to know
that Samson was no representing Sison in her other criminal
cases. Thus this administrative case was filed.
ISSUE:
Whether or not respondent violated the Code of Professional
Responsibilty by representing Sison in her other criminal cases.
HELD:
Yes. Respondent Era violated the Code of Professional Responsibilty
by representing Sison in her other criminal cases. Rule 15.03, Canon
15 provides that a lawyer shall not represent conflivting interests
except by written condent of all concerned given after a full
disclosure of facts. Respondent despite saying that his obligations
towards Samsons group is finished, it was not formal and his
obligations were not yet finished. He still has to take care of the
implementation of the amicable settlement. Thus, he should have
taken the consent of the complainants first, before acting as counsel
to Sison. Canon 17 states that a lawyer owes fidelity to the cause of
his client. The representation of Sison in her other criminal cases,
should have been consulted with his previous clients, so as to
prevent any sense of betrayal. The court found respondent guilty of
representing conflict of interest.
CANON 17
MARY ANN T.MATTUS vs. ATTY. ALBERT T. VILLASECA
A.C. No. 7922, October 1, 2013
FACTS:
Complainant, German Bernardo D. Mattus and Dexter Aligan were
the accused in Criminal Case No. 10309-02 a case for estafa thru
falsification of public document filed in the Regional Trial Court
(RTC), Branch 20, Imus, Cavite. The complainant and her husband,
German, engaged the services of Atty. Villaseca to represent them in
the proceedings. The complainant maintained that she and German
were convicted due to Atty. Villasecas gross and inexcusable
negligence in performing his duties as their counsel. In her
complaint-affidavit,1 the complainant alleged, among others, that
Atty. Villaseca: (1) was often absent during court hearings but still
collected appearance fees; (2) frequently sought the postponement
of trial when he was present; (3) failed to ask the RTC to direct a
National Bureau of Investigation expert to examine the signatures of
the spouses Leslie and Zuraida Porter 2 in the special power of
attorney (SPA); (4) failed to file a demurrer to evidence despite
having been granted sufficient time by the RTC to submit one; (5)
failed to present evidence on behalf of the defense, and only filed a
memorandum; (6) did not inform her and German of the dates of the
presentation of defense evidence and the promulgation of
judgment; and (7) erroneously indicated the wrong case number in
the notice of appeal. According to the complainant, Atty. Villasecas
negligence in handling the case resulted in her own and her
husbands conviction.
ISSUE:
WON respondent violated the Code of Prof. Responsibility?
HELD:
YES. A lawyer "is expected to exert his best efforts and ability to
preserve his client's cause, for the unwavering loyalty displayed to
his client likewise serves the ends of justice." 8 Once a lawyer agrees
to take up the cause of a client, the lawyer owes fidelity to such
cause and must always be mindful of the trust and confidence
reposed in him. He owes entire devotion to the interest of the client,
warm zeal in maintenance and defense of his clients rights, and the
exertion of his utmost learning and ability to the end that nothing be
taken or withheld from his client, save by the rules of law, legally
applied. A lawyer who performs his duty with diligence and candor
not only protects the interest of his client; he also serves the ends of
justice, does honor to the bar, and helps maintain the respect of the
community to the legal profession. Atty. Villaseca showed a wanton
and utter disregard to his clients cause; his failure to exercise due
diligence in attending to their interest in the criminal case caused
them grave prejudice. Under the circumstances, we find a five-year
suspension from the practice of law to be a sufficient and
appropriate sanction against him. The increased penalty serves the
purpose of protecting the interest of the Court, the legal profession
and the public. Atty. Albert T. Villaseca is found guilty of negligence,
in violation of Rules 12.03 and 18.03 and Canon 17 of the Code of
Professional Responsibility. He is hereby SUSPENDED from the
practice of law for five (5) years, effective upon his receipt of this
Decision, and STERNLY WARNED that a repetition of the same or
similar offense will be dealt with more severely.
FACTS:
On November 10, 2004, complainant went to see respondent on
referral of their mutual friend, Joe Chua. Complainant wanted to
avail of respondents legal services in connection with the case of
her son, Francis John Belleza, who was arrested by policemen of
Bacolod City earlier that day for alleged violation of Republic Act
(RA) 9165.[1] Respondent agreed to handle the case for P30,000.The
following day, complainant made a partial payment of P15,000 to
respondent thru their mutual friend Chua. On November 17, 2004,
she gave him an additional P10,000. She paid the P5,000 balance on
November 18, 2004. Both payments were also made thru Chua. On
all three occasions, respondent did not issue any receipt.On
November 21, 2004, respondent received P18,000 from complainant
for the purpose of posting a bond to secure the provisional liberty of
her (complainants) son. Again, respondent did not issue any receipt.
When complainant went to the court the next day, she found out
that respondent did not remit the amount to the court.Complainant
demanded the return of the P18,000 from respondent on several
occasions but respondent ignored her. Moreover, respondent failed
to act on the case of complainants son and complainant was forced
to avail of the services of the Public Attorneys Office for her sons
defense.
ISSUE:
WON respondent disrespected legal processes; WON grossly
neglected the cause of his client; WON respondent failed to return
his clients money; and WON respondent failed to uphold the
integrity and dignity of the legal profession?
HELD:
YES.Respondent was given more than enough opportunity to answer
the charges against him. Yet, he showed indifference to the orders of
the CBD for him to answer and refute the accusations of
professional misconduct against him. In doing so, he failed to
observe Rule 12.03 of the Code of Professional Responsibility: Rule
12.03 A lawyer shall not, after obtaining extensions of time to file
Villafuerte v. Cortez
A.M. Case No. 3455 April 14, 1998
CANON NUMBER: CANON 17
FACTS: From the records of the case and the Report submitted by
the Commission on Bar Discipline (CBD) of the Integrated Bar of the
Philippines (IBP), it would appear that sometime in January 1987,
complainant, upon the referral of Atty. Rene A. V. Saguisag, went to
the office of respondent lawyer to discuss his case for
"reconveyance" (Civil Case No. 83-18877). During their initial
meeting, complainant tried to reconstruct before respondent lawyer
the incidents of the case merely from memory prompting the latter
to ask complainant to instead return at another time with the
records of the case. On 30 January 1987, complainant again saw
respondent but still sans the records. Complainant requested
respondent to accept the case, paying to the latter the sum of
P1,750.00 representing the acceptance fee of P1,500.00 and
P250.00 retainer fee for January 1987. Respondent averred that he
accepted the money with much reluctance and only upon the
condition that complainant would get the records of the case from,
as well as secure the withdrawal of appearance of, Atty. Jose Dizon,
the former counsel of complainant.
In its report, IBP-CBD concluded that the facts established would just
the same indicate sufficiently a case of neglect of duty on the part
of respondent. The CBD rejected the excuse proffered by respondent
that the non-receipt of the records of the case justified his failure to
represent complainant. The IBP-CBD, through Commissioner Julio C.
Elamparo, recommended to the IBP Board of Governors the
suspension of respondent from the practice of law for three months
with a warning that a repetition of similar acts could be dealt with
the spouses who never went to court; that the spouses neglected to
check on their case in court; that one time when their case was
scheduled, he even notified the court stenographer to notify him if
the spouses are in court so that he could be there for them as he
was in another court branch for another case.
ISSUE: Whether or not Atty. Elayda should be sanctioned
by the court.
HELD: Yes. It was established that Atty. Elayda was remiss and
negligent in handling the Aranda case. Although it is true that the
client and their counsel must equally share the burden of
communication, it is the primary duty of the counsel to inform the
client of the status of their case in court and the orders which have
been issued by the court. He cannot simply wait for his clients to
make an inquiry about the developments in their case. Close
coordination between counsel and client is necessary for them to
adequately prepare for the case, as well as to effectively monitor
the progress of the case. Also, his excuse that he did not appear in
court because the spouses failed to appear in court is not tenable.
His attendance at the hearing should not be made to depend on the
whether the spouses Aranda will come or not.
The IBP Board of Governors recommended a 6 month suspension.
This was adopted by the court.
CANON 18
OFELIA R. SOMOSOT v. ATTY. GERARDO F. LARA
A.C. no. 7024
January 30, 2009
FACTS:
Complainant alleged that she retained the services of the
respondent as her counsel in a Civil Case entitled Golden Collection
Marketing Corporation v. Ofelia Somosot, et al., filed against her and
her co-defendants for the collection of a sum of money amounting
to P1.3 Million. The complainant expected the respondent to
perform his duty as counsel and to defend her interests to the
utmost. She alleged, however, that after filing the Answer to the
Complaint, the respondent failed to fully inform her of further
developments in the case. She only heard about the case when
there was already a decision against her and her co-defendants.
Complainant claimed that the respondent represented her interests
in a half-hearted manner, resulting in the grant of the plaintiff's
motion for judgment on the pleadings. Allegedly, the respondent
failed to properly oppose the motion and she was thereafter
deprived of the chance to present her evidence. She found the
respondents excuse that he could not contact her because she had
changed her office address to be unsatisfactory. She accused the
respondent of miserably failing to comply with his oath as a lawyer
and to discharge his duty of ably representing her. Respondent
denied that he failed to exercise the diligence required of him as
counsel alleging that he pursued the complainant's case according
to his own ability and knowledge. Complainant maintained that she
had never transferred her residence where she could be reached
had the respondent exerted a meaningful effort to contact her. She
claimed that the respondent was able to do so later when he was
collecting the balance of his legal fees. The respondent contended
that he had good reasons not to continue as the complainant's
counsel. He reasoned out that under the Code of Professional
Responsibility, a lawyer may withdraw from a case upon a good
cause such as when the client deliberately fails to pay the fees for
the lawyers services, or fails to comply with the terms of the
retainer agreement, or when the lawyer is elected or appointed to
public office. Two of these possible causes applied to his situation;
he was appointed legal consultant at the BOI
ISSUE:
Whether or not Atty. Lara violated canon 18 of the CPR.
HELD:
YES. As the IBP did, the court found that the respondent
deserves to be sanctioned for having fallen short of the standards
required of him as defense counsel. He violated the basic rule,
expressed under Canon 18 of the Code of Professional Responsibility
that a lawyer shall serve his client with competence and diligence.
The respondent failed to precisely allege in his submissions how he
tried to contact the defendant on or about the time the
interrogatories and request for admission were pending. It appears
that he really had not; by his own admission, his attempt to contact
the complainant came in December 2001 and only to inform her of
his government appointment and to collect his billings. It was only
after the discovery of the closure of the defendants office did the
respondent try to contact the complainant and her husband by
cellular phone, but they could not be reached. The
interrogatories/admission issue happened in August 2001, which
tells us that the respondent at about that time was already very
sensitive about his billing issue against his client as he had not been
paid from May to August 2001. Assuming the non-payment to be
true, such failure should not be a reason not to inform the client of
an important development, or worse, to withhold vital information
from her. As the court held in Luisito Balatbat v. Atty. Edgardo Arias,
a client must never be left in the dark for to do so would destroy
the trust, faith and confidence reposed in the retained lawyer in
particular and the legal profession in general. Respondent failed to
provide details on the developments that led to the adverse rulings
on the interrogatories/admissions and the judgment on the
pleadings. The non-payment of fees is a factor that we cannot
simply disregard. As a rule, law practice is not a pro bono
proposition and a lawyers sensitivity and concern for unpaid fees are
understandable; lawyers incur expenses in running their practice
and generally depend, too, on their law practice income for their
living expenses. Complainant never made any effort to contact the
respondent to follow up the status of her case, expecting instead
the respondent to take full and complete initiative in this regard.
While the respondent, as counsel, has the obligation to inform his
client of the material developments in the case, particularly of the
aspects of the case that would require the clients instructions or
participation, this obligation is balanced by a complementary duty
on the part of a party-litigant to remain in contact with his lawyer in
order to be informed of the progress of the case. The court cannot
also disbar the respondent as the complainant demands in light of
the complainants own contributory faults.
FACTS:
Complainant .Julian Penilla entered into an agreement with
Spouses . Rey and Evelyn Garin (the spouses) the repair of his
Volkswagen automobile. Despite full payment, the spouses
defaulted in their obligation. Thus, complainant decided to file a
case for breach of contract against the spouses where he engaged
the services of respondent as counsel. Respondent advised
complainant that he would file a criminal case for estafa against
said spouses. Respondent charged P30,000 as attorneys fees and
P10,000 as filing fees. Complainant alleges that when the case was
submitted for resolution, respondent told him that they have to give
filed for complainant was dismissed due to what later turned out to
be a basic jurisdictional error. Clearly, respondent is not only guilty
of incompetence in handling the cases. His lack of professionalism in
dealing with complainant is also gross and inexcusable.
CANON 18
JOSE ALLAN TAN, vs. PEDRO S. DIAMANTE
A.C. No. 7766, August 5, 2014
FACTS:
In 2003, complainant, Jose Allan Tan secured the services of Atty.
Diamante in order to pursue a case for partition of property against
the heirs of the late spouses Luis and Natividad Valencia-Tan. After
accepting the engagement, respondent filed the corresponding
complaintbefore the RTC of Bacolod City. The complaint was
eventually dismissed by the RTC in an Orderdated July 25, 2007 for
lack of cause of action and insufficiency of evidence. While
respondent was notified of such dismissal as early as August 14,
2007, complainant learned of the same only on August 24, 2007
when he visited the formers office. On such occasion, respondent
allegedly asked for the amount of P10,000.00 for the payment of
appeal fees and other costs, but since complainant could not
produce the said amount at that time, respondent, instead, asked
ISSUE:
Whether or not respondent should be held administratively liable for
violating the Code of Professional Responsibility?
HELD:
YES. Respondent Pedro S. Diamante is DISBARRED for Gross
Misconduct and violations of Rule 1.01, Canon 1, and Rule 18.04,
Canon 18 of the Code of Professional Responsibility. As an officer of
the court, it is the duty of an attorney to inform his client of
whatever important information he may have acquired affecting his
clients case. He should notify his client of any adverse decision to
enable his client to decide whether to seek an appellate review
thereof. Keeping the client informed of the developments of the case
will minimize misunderstanding and loss of trust and confidence in
the attorney. The lawyer should not leave the client in the dark on
how the lawyer is defending the clients interests. In this connection,
the lawyer must constantly keep in mind that his actions, omissions,
or nonfeasance would be binding upon his client. Concomitantly, the
lawyer is expected to be acquainted with the rudiments of law and
legal procedure, and a client who deals with him has the right to
expect not just a good amount of professional learning and
competence but also a whole-hearted fealty to the clients cause.
Under Rule 18.04, Canon 18 of the CPR, it is the lawyers duty to
keep his client constantly updated on the developments of his case
FACTS:
Atty. Gonzales-Aizate is the legal counsel of Sears Jr. when he ran for
the position of Municipal Mayor of Dolores, Abra in the May 2007
elections; that after he lost by a 50-vote margin to Albert Z.
Guzman, she filed in his behalf a "Petition Of Protest Ad Cautelam"
in the RTC in Bangued, Abra; that the petition was dismissed for
being "fatally defective;" that several months later, she insisted on
filing a Petition of Protest in the RTC, but the petition was also
dismissed on the ground that it was already time-barred, and on the
further ground of forum shopping because the certification against
forum shopping was false;
that the RTC declared her as
professionally negligentSeares, Jr. asserts that Atty. Gonzales-Alzate
thereby violated Canon 15, Canon 17 and Canon 18 of the Code of
Professional Responsibility for negligently handling his election
protest, for prosecuting him, her former client, and for uttering false
and hurtful allegations against him. Hence, he prays that she should
be disbarred.
ISSUE:
Whether or not Atty. Gonzales-Alzate violate the prohibition against
representing conflicting interests when she assisted Turqueza in his
administrative case against Seares, Jr., her former client?
HELD:
No.The complaint against Atty. Gonzales-Alzate is unfounded and
devoid of substance. For administrative liability under Canon 18 to
Sencio v. Calvadores
A.M. Case No. 5841 January 20, 2003
CANON NUMBER: CANON 18
FACTS: Complainant Emily Sencio asked for the legal services of
respondent Atty. Robert Calvadores when the formers son died in a
vehicular accident and she wants to prosecute the civil aspect of the
case. Sencio initially paid P1,200.00 and then completed the
P12,000.00 fee. From that time on, the complainant has regularly
contacted the respondent to update her on the status of the case.
The respondent said that everything would be alright.
However, the complainant found out that the respondent did not file
a case which the
latter admitted. Calvadores promised that we would return the
money. Sencio returned several times to Calvadores house to no
avail. Sencio filed a disbarment case against the respondent. The
trial has been moved several times because of the absence of
Calvadores even with due notice.
Moton v. Cadiao
A.M. Case No. 5169 November 24, 1999
CANON NUMBER: CANON 18
FACTS: Atty. Cadiao was Motons counsel in a civil complaint
against Castillo. It appeared that Atty. Cadiao failed to present
evidence in Motons behalf because he was handling another case in
Antique.
On November 20, 1991, Atty. Cadiao filed with the Court of Appeals
a petition for certiorari alleging that the trial court acted with grave
abuse of discretion amounting to lack of jurisdiction when it
dismissed the case. On October 23, 1992, the Court of Appeals
dismissed the petition for lack of merit. On January 20, 1993,
respondent filed with the Court of Appeals a Withdrawal of
Appearance.
He should give adequate attention, care and time to his cases, this
CANON 18
FACTS: Complainant, asked respondent to handle the judicial titling
of a parcel of land owned by complainants relatives, he accepted
the task to be completed within a period of eight months and
received P50,000.00 as initial payment; the remaining balance of
P30,000.00 was to be paid when complainant received the
certificate of title to the property. Respondent has not filed any
petition for registration over the property sought to be titled up to
the filing of this case. In the Complaint, Position Papers and
documentary evidence submitted, complainant claimed that he tried
to contact respondent to follow-up on the status of the case six
months after he paid the initial legal fees. He did this through phone
calls and text messages and through a letter but did not receive any
return communication. Complainant sought the disbarment of
respondent for violations of Rule 16.01, Rule 18.03, and Rule 18.04
of the Code of Professional Responsibility involving negligence in
handling a case. Complainant argued that he had no intention of
reneging from his obligation, as he already had prepared the draft
petition, and he failed to file it because it lacked the needed
documentary requirements that his clients should have furnished
him.
ISSUE: Whether or not the respondent violated Rule 16.01, 18.03
and 18.04.
RULING: Yes, Rule 16.01, 18.03, and 18.04 of the Code of
Professional Responsibility was violated. A lawyer bears the duty to
serve his client with competence and diligence, and to exert his best
efforts to protect, within the bounds of the law, the interest of the
client. The records in this case tell us that Atty.Macalalad failed to
act as he committed when he failed to file the required petition. He
cannot now shift the blame to his clients since it was his duty as a
lawyer to communicate with them. He had been given initial
payment and should have at least undertaken initial delivery of his
part of the engagement. Atty. Macalalad was suspended for six
months and was ordered to return the amount of Php 50, 000 with
interest of 12% per annum.
Canon 19
ESPINA vs. CHAVEZ
A.C. No. 7250
April 20, 2015
FACTS:
Atty. Ricardo M. Espina and his law firm in an ejectment suit filed
against Remedios C. Enguio. Atty. Jesus G. Chavez represented
Enguio. During the pendency of the ejectment suit, Atty. Chavez
committed an act apparently in his official capacity, endorsing
through a letter (transmittal letter) to the Provincial Prosecutor, the
filing of a criminal complaint for Violation of Article 172 (Falsification
by private individual and use of falsified document) of the Revised
Penal Code(RPC) against Atty. Espina, his wife (who is a partner in
his law office) and his parents.
The criminal complaint was based on Enguios affidavitcomplaint alleging that "in order to fashion a case for Ejectment,
respondents made an untruthful statement in the narration of facts
(par. 4, Article 171)."
This
prompted
Atty.
Espina
to
file
his
Complaint
for
FACTS:
Henry Manalo won the 2013 barangay elections the position of
Barangay Captain in Barangay Calingcuan, Tarlac City and Rolando
P. Tolentino, his opponent immediately filed an election protest.
After the revision of votes, the MTCC proclaimed Tolentino as the
winner. The MTCC also gave due course to Manalo's appeal.
Tolentino filed his answer and moved for the reconsideration of the
TRO which the MTCC denied.
ISSUE:
Whether or not Atty. Florido violated Canon 19 and should be
held liable.
HELD:
Yes. Canon 19 of the Code provides that a lawyer shall
represent his client with zeal within the bounds of the law. For this
reason, Rule 15.07 of the Code requires a lawyer to impress upon
his client compliance with the law and principles of fairness. A
lawyer must employ only fair and honest means to attain the lawful
objectives of his client. It is his duty to counsel his clients to use
peaceful and lawful methods in seeking justice and refrain from
doing an intentional wrong to their adversaries. Lawyers are
indispensable instruments of justice and peace. Upon taking their
professional oath, they become guardians of truth and the rule of
law. Verily, when they appear before a tribunal, they act not merely
as representatives of a party but, first and foremost, as officers of
the court. Thus, their duty to protect their clients' interests is
secondary to their obligation to assist in the speedy and efficient
administration of justice. While they are obliged to present every
available legal remedy or defense, their fidelity to their clients must
always be made within the parameters of law and ethics, never at
the expense of truth, the law, and the fair administration of justice.
A lawyer's duty is not to his client but to the administration of
justice. To that end, his client's success is wholly subordinate. His
conduct ought to and must always be scrupulously observant of the
law and ethics. Any means, not honorable, fair and honest which is
resorted to by the lawyer, even in the pursuit of his devotion to his
client's cause, is condemnable and unethical.
CANON 19
Fernando Martin O. Pena v. Quisimbing
A.C. No. 7298, June 25, 2007
FACTS:
Atty. Lolito G. Aparicio (respondent) appeared as counsel for Grace
C. Hufana in an illegal dismissal case before the National Labor
Relations Commission (NLRC). In a mediation/conciliation conference
respondent submitted a claim for separation pay, however,
complainant rejected the same for being baseless. Complainant
thereafter sent notices to Hufana to explain the latters absences
and to return to work but respondent wrote a letter reiterating the
claim for separation pay which also contained a threat to the
company for multiple charges such as tax evasion, criminal charges
for tax evasion and falsification of documents and cancellation of
business license. Believing that the contents of the letter deviated
from
accepted
ethical
standards,
complainant
filed
an
administrative complaint.
ISSUE:
Whether or not Atty. Aparicio violated Canon 19 of the Code of
Professional Responsibility?
HELD:
YES. Canon 19 of the Code of Professional Responsibility states that
a lawyer shall represent his client with zeal within the bounds of the
law, reminding legal practitioners that a lawyers duty is not to his
client but to the administration of justice; to that end, his clients
success is wholly subordinate; and his conduct ought to and must
always be scrupulously observant of law and ethics.
In the case at bar, respondent did exactly what Canon 19 and its
FACTS:
Maria Christina Pitcher claimed to be the legal wife of David B.
Pitcher, who passed away on June 18, 2004. Prior to his death, David
was engaged in business in the Philippines and owned, among
others, 40% of the shareholdings in Consulting Edge, Inc. In order to
settle the affairs of her deceased husband, complainant engaged
the services of respondent. On June 22, 2004, complainant and
respondent met with Katherine Bantegui, a major stockholder of
Consulting Edge, to discuss a settlement. Prior to the scheduled
meeting, complainant was prevailed upon by respondent to put a
paper seal on the door of the company assuring her that it was
legal.
On
the
scheduled
meeting,
Bantegui
expressed
disappointment, which impelled her to just leave the matter for the
court to settle. Respondent thereafter caused the change in the lock
of the companys office door, which prompted Bantegui to file a
complaint against the complainant and respondent. On November
18, 2004, the Prosecutors Office issued a resolution finding
probable cause to charge complainant and respondent for grave
coercion. Warrants of arrest were then issued against them.
Respondent advised complainant to go into hiding until he had filed
the necessary motions in court, however, respondent eventually
abandoned the case and stopped communicating with complainant.
Thus, this present administrative case.
ISSUE:
Whether or not Atty. Gagate violated Canon 19 of the Code of
Professional Responsibility?
HELD:
YES. The relationship between a lawyer and his client is one imbued
with utmost trust and confidence. In this regard, clients are led to
expect that lawyers would be ever-mindful of their cause and
accordingly exercise the required degree of diligence in handling
their affairs. For his part, the lawyer is expected to maintain at all
times a high standard of legal proficiency, and to devote his full
attention, skill, and competence to the case, regardless of its
importance and whether he accepts it for a fee or for free. To this
end, he is enjoined to employ only fair and honest means to attain
lawful objectives. These principles are embodied in Canon 17, Rule
18.03 of Canon 18, and Rule 19.01 of Canon 19 of the Code.
HELD: Yes. The Supreme Court held that a counsel must constantly
keep in mind that his actions or omissions, even malfeasance or
nonfeasance would be binding on his client. A lawyer owes to the
client the exercise of utmost prudence and capability in that
representation. The respondents attempt to evade responsibility by
shifting the blame on complainant due to the latters failure to turn
over to him records and stenographic notes of the case only
highlights his incompetence and inadequacy in handling the
complainants case. The respondent Atty. Novero is found guilty of
neglect of his clients case and is Suspended from the practice of
law for one (1) month with Warning that repetition of the same
Ong v. Unto
A.M. Case No. 2417 February 6, 2002
CANON NUMBER: CANON 17
FACTS: This is a disbarment case filed by Alex Ong against Atty.
Elpidio D. Unto, for malpractice of law and conduct unbecoming of a
lawyer. It is evident from the records that he tried to coerce the
complainant to comply with his letter-demand by threatening to file
various charges against the latter. When the complainant did not
heed his warning, he made good his threat and filed a string of
criminal and administrative cases against the complainant. They,
however, did not have any bearing or connection to the cause of his
client.
The records show that the respondent offered monetary rewards to
anyone who could provide him any information against the
complainant just so he would have leverage in his actions against
the latter.
ISSUE:Whether or not Atty. Untos acts constitute malpractice.
HELD: Yes. Canon 19 of the Code of Professional Responsibility
mandates lawyers to represent their clients with zeal but within the
bounds of the law. Rule 19.01 further commands that a lawyer shall
employ only fair and honest means to attain the lawful objectives of
his client and shall not present, participate, or threaten to present
unfounded criminal charges to obtain an improper advantage in any
case or proceeding.
The HLURB ordered the owner and developer to deliver the Deeds of
Sale and the Transfer Certificates of Title to the winning litigants.
Thereafter, HLURB issued a Writ of Execution. Then respondent
appeared to represent Purence Realty. He then filed an Omnibus
Motion to set aside the Decision and to quash the Writ of Execution
for being null and void on the ground of lack of jurisdiction due to
the improper service of summons on his client. On 4 December
2003, respondent sent demand letters to complainants he
demanded that they immediately vacate the property and surrender
it to Purence Realty within five days from receipt. Atty. Villarin filed a
complaint for forcible entry before the Municipal Trial Court against
the complainants herein. As found by the Integrated Bar of the
Philippines and affirmed by its Board of Governors, complainants
asserted in their respective complaints that the demand letters sent
by Villarin had been issued with malice and intent to harass them.
They insisted that the letters also against the HLURB Decision
ordering his client to permit the buyers to pay the balance of the
purchase price of the subdivision lots. Villarin denied the allegations
of harassment and claimed that no malice attended the sending of
the demand letters.
Issue: Whether or not respondent should be administratively
sanctioned for sending the demand letters.
Held: Yes. The Code of Professional Responsibility provides the
limitation that lawyers shall perform their duty to the client within
the bounds of law. They should only make such defense only when
they believe it to be honestly debatable under the law. The factual
findings of the IBP board of governors reveal that in his demand
letter, he brazenly typified one of the complainants, Florentina
Lander, as an illegal occupant. However, this description is the exact
opposite of the truth, since the final and executory HLURB Decision
had already recognized her as a subdivision lot buyer who had a
right to complete her payments in order to occupy her property.
Given that respondent knew that the aforementioned falsity totally
disregarded the HLURB Decision, he thus advances the interest of
his client through means that are not in keeping with fairness and
honesty. What he does is clearly proscribed by Rule 19.01 of the
Code of Professional Responsibility, which requires that a lawyer
shall employ only fair and honest means to attain lawful objectives.
Lawyers must not present and offer in evidence any document that
they know is false. Wherefore, in view of the foregoing, respondent
Atty. AngelitoVillarin is REPRIMANDED with a warning that a
Canon 20
VALDEZ vs. VICTORIA
A.C. No. 10958 (Notice)
January 13, 2016
FACTS:
The complainant and the respondent entered into an
arrangement where the former would be handling a land registration
case involving the latter's sister. Respondent was named attorneyin-fact of his sister in that case. A complaint was filed against Atty.
Daniel C. Victoria, Jr. for grave misconduct committed by a lawyer
arising from his absence of concern for another lawyer's plight, and
abject or callous refusal to heed a plea and give justice to the
complainant. This case was filed before the IBP Commission on Bar
Discipline.
ISSUE:
Whether or not Atty. Daniel C. Victoria, Jrs actions constituted
Rule 20.04 of Canon 20
RULING:
No. There is hardly any solid indication in the pleadings filed that
the respondent is attorney-in-fact. Even if it be accepted that
FACTS:
Sometime in 2006, Dioveni and his wife, engaged Atty. Carrera
to represent them in filing a complaint for permanent disability
benefits against Centennial Transmarine, Inc. (CTI). Through a letter
Dioveni terminated the services of Atty. Carrera. The NLRC rendered
a decision in favor of Dioveni and he filed an Urgent Motion for the
Issuance of a Writ of Execution but Atty. Carrera filed a Motion to
Recognize and Enforce his Attorney's Lien which was denied. The
present complaint was instituted asserting that Atty. Carrera
disregarded his duties as a lawyer when he filed his appeal, which
was intended to delay the execution of the judgment. Carmelita M.
Agustin, representing Dioveni Agustin, filed a complaint for
disbarment against Atty. Rebene C. Carrera .
ISSUE:
Whether or not Atty. Carrera is entitled to attorneys fees
RULING:
Yes. The Court agrees that Atty. Carrera had the right to be paid
for
the legal services he had extended to his client. Considering that his
legal services was discharged without any justifiable cause, he
should be entitled to the full compensation as agreed upon in the
Retainer Agreement.||| Because unless expressly stipulated,
rendition of professional services by a lawyer, whether such service
was solicited or offered to the client, is for a fee or compensation
and is not gratuitous. Rule 20.01 of Canon 20 of the CPR specifically
provides guidelines in the determination of attorney's fees.
FACTS:
On February 13, 2004, an administrative complaint was filed
by complainant Luzviminda C. Lijauco against respondent Atty.
Rogelio P. Terrado for gross misconduct, malpractice and conduct
unbecoming of an officer of the court when he neglected a legal
matter entrusted to him despite receipt of payment representing
attorney'sfees.
According to the complainant, she engaged the services of
respondent sometime in January 2001 for P70,000.00 to assist in
recovering her deposit with Planters Development Bank, Buendia,
Makati branch in the amount of P180,000.00 and the release of her
foreclosed house and lot located in Calamba, Laguna. The property
identified as Lot No. 408-C-2 and registered as TCT No. T-402119 in
the name of said bank is the subject of a petition for the issuance
FACTS:
The instant case stemmed from a verified letter-complaint
dated February 21, 2002 filed with this Court by Valeriana U. Dalisay
against Atty. Melanio "Batas" Mauricio, Jr. for demanding and
receiving exorbitant attorney's fees but did not take any action on
her case.
In her complaint, Dalisay alleged that she was impressed by
the pro-poor and pro-justice advocacy of respondent, a media
personality. So she engaged his services as her counsel in Civil Case
No. 00-44, wherein she is the defendant, pending before the
Municipal Trial Court of Binangonan, Rizal. After consulting with
respondent, she handed to him all the pertinent documents. In turn,
respondent demanded P25,000.00 as acceptance fee which she
paid. Then respondent asked her to pay P8,000.00 as filing fee. She
paid the amount although she knew that Civil Case No. 00-44 was
already filed with the court.
After a month, complainant approached respondent to followup her case. Respondent demanded additional acceptance fee,
or a total of P90,000.00, with the explanation that he can
give a discount should she pay in cash. Respondent also asked her
to pay him P3,000.00 as appearance fee.
Complainant raised an additional amount and paid respondent
the total sum of P48,000.00. Adding to this amount P8,000.00 filing
fee, her total payment was P56,000.00.
Complainant further alleged that notwithstanding her payments,
respondent never rendered any legal service for her in Civil Case No.
00-044. As a result, she terminated their attorney-client relationship
and demanded the return of her money and documents. However,
he refused to do so.
In his comment, respondent denied complainant's charge. He
claimed that Atty. Oliver Lozano referred her to him to defend her in
Civil Case No. 00-044. He explained to her that she is not covered by
the free legal services being rendered by his office. Thus, she would
be treated as a regular client. Accordingly, his acceptance fee would
be One Hundred Thousand (P100,000.00) Pesos. In addition, she
would be charged for any pleading and paper filed with the court,
plus an appearance fee of P3,000.00.
FACTS:
In October 1999, Engr. Cueto, herein complainant, engaged the
services of respondent as notary public, the latter being the father
of the owner of the building subject to Construction Agreement to
be notarized. After notarizing the agreement, respondent demanded
P50,000 as notarial fee. Despite his surprise as to the cost of the
notarial service, complainant informed respondent that he only had
30,000 in cash so the latter persuaded complainant to issue a check
for the remaining 20,000. Complainant paid all his cashand issued a
check dated December 28, 1999 for the balance. Before the
ISSUE:
Whether or not Atty. Jimenez violated Canon 20 of the Code of
Professional Responsibility?
HELD:
The Court agrees with the IBP that respondent's conduct in filing a
criminal case for violation of BP 22 against complainant (when the
check representing the P20,000 balance was dishonored for
insufficient funds) was highly improper.
FACTS:
In 1997, complainant filed an action to Declare Deed of Absolute
Sale Null and Void and for Reconveyance with Damages. In 1998,
complainant terminated the services of her then counsel and
engaged the services of respondent Atty. Avance as her counsel.
Complainant paid 12,000 as acceptance for her services and the
sums of 1,500.00 and 500.00 in full satisfaction of their acceptance
fee. However, respondent refused to issue receipts despite demands
to do so. In an order, the Makati City RTC expunged from the record
the testimony of a witness for complainant. Respondent filed a
motion to reconsider but the same was denied. Subsequently,
respondent made representations with complainant that she was
going to file a petition for certiorari with the Court of Appeals. For
the proposed service, respondent charged complainant the total
sum of P3,900.00, which the latter paid. Without any word from
respondent, complainant personally verified with the Court of
Appeals whether or not a petition was filed and was dismayed to
discover that no such petition had been filed. Complainant
thereafter filed an action against respondent. Respondent, however,
repeatedly failed to appear at the conciliation proceedings, despite
notice of the hearings. Since then, respondent persistently avoided
complainant and failed to represent her in Civil Cases Nos. 50988
and 97-275. According to complainant, respondent just stopped
appearing as her counsel of record without any justifiable reason
ISSUE:
Whether or not Atty. Avance violated Canon 20 of the
Professional Responsibility?
Code of
HELD:
YES. On March 14, 2002, Investigating Commissioner Lydia A.
Navarro submitted a Report finding respondent culpable as charged
and recommended that she be suspended from the practice of law
for two (2) years. She found, among others, that respondent
violated Canon 20 when she discontinued her legal services for
complainant without any notice of withdrawal and even ignored the
issuances of the Commission for her to answer the complaint filed
against her.
Yu v. Bondal
A.M. Case No. 5534 January 17, 2005
Responsibility.
Miranda v. Carpio
A.M. Case No. 6281 September 26, 2011
CANON NUMBER: CANON 20
FACTS: Complainant Valentin C. Miranda is one of the owners of a
parcel of land located at Barangay Lupang Uno, Las Pias, Metro
Manila. Complainant initiated Land Registration Commission (LRC)
Case for the registration of the property. During the course of the
proceedings, complainant engaged the services of respondent Atty.
Carpio as counsel in the said case when his original counsel, Atty.
Samuel Marquez, figured in a vehicular accident.
HELD: Yes. Respondent's claim for his unpaid professional fees that
would legally give him the right to retain the property of his client
until he receives what is allegedly due him has been paid has no
basis and, thus, is invalid.
The petitioners fault the respondent Court for its failure to exercise
its inherent power to review and determine the propriety of the
stipulated attorney's fees in favor of the respondent lawyer and
accuse the latter of having committed an unfair advantage or legal
fraud by virtue of the Contract for Professional Services after the
trial court awarded him attorney's fees for P1,000.00, instead of
respecting the trust and confidence of the highest level reposed on
him considering the close blood and affinitive relationship he shares
with the clients.
The petitioners contend that under the award for professional
services, they may have won the case but would lose the entire
property won in litigation to their uncle-lawyer. They would be
totally deprived of their house and lot and the recovered damages
considering that of the 271.5 square meters of the subject lot, the
respondent lawyer is claiming 121.5 square meters and the
remaining portion of 150 square meters would also go to attorney's
fees since the said portion pertains to the lawyer's son by way of
usufruct for ten (10) years.
ISSUE:
Canon 21
SENIOR MARKETING CORPORATION vs. BOLINAS
A.C. No. 6740 (Notice)
February 26, 2014
FACTS:
Atty. Aquilino Bolinas acting as Senior Marketing Corporations
counsel from 1995 to 2002, he had access to the documents related
to the cases he handled; that due to business reversal and financial
constraints, complainant terminated his services as retainer; that his
termination irked him and in obvious vindictiveness, he accepted
cases filed against complainant by its employees; and that Atty.
Bolinas' act of accepting the cases and in representing
complainant's employees in a case filed against complainant
without its consent violated his oath of office.
ISSUE:
SAMALA vs VALENCIA
A.C. No. 5439
January 22, 2007
FACTS:
The complaint is filed by Clarita J. Samala against Atty. Luciano
D. Valencia for Disbarment for serving on two separate occasions as
counsel for contending parties. Records show that in a civil case for
nonpayment of rentals, Atty. Valencia while being the counsel for
defendant Valdez, also acted as counsel for the tenants Lagmay,
Valencia, Bustamante and Bayuga by filing an Explanation and
but the latter refused claiming that he had paid part of the money
to the judge while the balance was his, as attorney's fees. Such
refusal prompted Rosario to file an administrative case for
disbarment against the respondent.
On
March
23,
1993, the IBP
Board of Governors
promulgated a Resolution holding the respondent guilty of infidelity
in the custody and handling of client's funds and recommending
to the Court his one-year suspension from the practice of law.
Following the release of the aforesaid
IBP
Resolution, the respondent
filed a series of lawsuits
against the Mercado family except George Mercado. The
respondent
also
instituted
cases
against the family
corporation, the corporation's accountant and the judge who
ruled against the reopening of the case where respondent
tried to collect the balance of his alleged fee from Rosario.
Later on, the respondent also filed cases against the chairman
and members of the IBP Board of Governors who voted to
recommend his suspension from the practice of law for one
year. Complainants allege that the respondent committed
barratry, forum shopping, exploitation of family problems, and
use of intemperate language when he filed several frivolous
and unwarranted lawsuits against the complainants and their
family
members,
their
lawyers,
and the family
corporation. They
maintain
that the primary
purpose of the cases is to harass and to exact revenge
for the one-year suspension from the practice of law meted
out by the IBP against the respondent. Thus, they pray
that the respondent be disbarred for malpractice and gross
misconduct under Section 27, Rule 138 of the Rules of Court.
ISSUE:
Whether or not Atty. De Vera should be disbarred from the
practice of law because of violations of Canon 21
HELD:
Yes.
The nature of the cases
filed
by the respondent, the fact of re-filing
them after being
dismissed, the timing of the filing of cases, the fact
that the respondent
was
in
conspiracy
with a renegade
member of the complainants'
family, the defendants
named
in the cases and the foul language used in the pleadings and
motions all
indicate
that the respondent
was
acting
beyond the desire
for
justice
and
fairness. His act of filing a barrage of cases appears to be an
act of revenge and hate driven by anger and frustration
against his former client who filed the disciplinary complaint against
him for infidelity in the custody of a client's funds. The cases filed
by the respondent against his former client involved matters and
information acquired by the respondent during the time when he
was still Rosario's counsel. Information as to the structure and
ISSUE:
Whether or not Atty. Rafael G. Suntay is guilty of violating
Canon 21 and may be held liable therefor
HELD:
Yes.
Communications
between attorney and client are,
in a great
number of litigations, a complicated
affair,
consisting of entangled relevant and irrelevant, secret and well
known
facts.
In the complexity of what is said
in the course of the dealings
between
an attorney and a client,
inquiry of the nature suggested would lead to the revelation, in
advance of the trial, of other matters that might only further
prejudice the complainant's
cause.
For
violating the confidentiality of lawyer-client relationship
and
for
unethical conduct, respondent Atty. Rafael G. Suntay is SUSPENDED
from the practice of law for two (2) years.
CANON 21
Wilfredo Anglo v. Atty. Jose V. Valencia
A.C. No. 10567 February 25, 2015
FACTS:
Complainant alleged that he availed the services of the law firm
Valencia CioconDabao Valencia De La Paz DionelaPandanRubica Law
Office for two consolidated labor cases where he was impleaded
respondent. The labor cases were terminated on June 5, 2008 upon
the agreement of both parties. On September 18, 2009, a criminal
case for qualified theft was filed against complainant and his wife by
FEVE Farms Agricultural Corporation acting through a certain
Michael Villacorta. The same law firm that handled complainants
labor cases which represented Villacorta. Aggrieved, complainant
filed this disbarment case against respondents alleging they
violated Canon 15 and Canon 21 of the CPR.
ISSUE:
Whether or not respondents violated Canon 21 of the
Professional Responsibility?
Code of
HELD:
YES. A lawyer is prohibited from representing new clients whose
interests oppose those of a former client in any manner, whether or
not they are parties in the same action or on totally unrelated cases.
The prohibition is founded on the principles of public policy and
good taste. The respondents' pronounced liability is not altered by
the fact that the labor cases against complainant had long been
terminated. Verily, the termination of attorney-client relation
provides no justification for a lawyer to represent an interest
adverse to or in conflict with that of the former client. The client's
confidence once reposed should not be divested by mere expiration
of professional employment
FACTS:
In April 1999, William S. Uy engaged the services of respondent
lawyer to prepare and file a petition for the issuance of a new
certificate of title. When the petition was about to be filed,
respondent went to complainants office in Greenhills and
demanded a certain amount from him other than what they had
previously agreed upon. Expecting that said petition would be filed,
complainant was shocked to find out that instead of filing the
petition for the issuance of a new certificate of title, respondent filed
a letter-complaint against him for Falsification of Public Documents
hence the present administrative case.
ISSUE:
Whether or not Atty. Gonzales violated Canon 21 of the Code of
Professional Responsibility?
HELD:
NO. A scrutiny of the records reveals that the relationship between
complainant and respondent stemmed from a personal transaction
or dealings between them rather than the practice of law by
grant postponement,
other
charges,
it
appears
that
when
Natan
contracted
decided
to
terminate
its
retainer
agreement
with
Supreme
Court
cannot
sustain
the
findings
and
Canon 22
WARRINER vs. DUBLIN
A.C. No. 5239
November 18, 2013
FACTS:
Administrative complaint filed by spouses George Arthur
Warriner and Aurora R. Warriner against Atty. Reni M. Dublin for
gross negligence and dereliction of duty. They secured the services
of respondent in the filing of a Complaint for damages in a civil case.
However, after a lapse of almost two years, respondent had not yet
complied with the resolution requiring the Comment.
Atty Dubin claims accepted the case because he was challenged
by Warriner's criticism of the Philippine judicial system but later on
discovered his scheme. He then had a heated argument with
Warriner during which the latter threatened him with a disbarment
suit after which the complainants no longer saw him or inquired
about the status of the case and that he could not be held
administratively liable for filing a belated Formal Offer of
Documentary Evidence as he only did the same to protect the legal
profession and in accordance with his oath not to do any falsehood
or promote unlawful causes.
ISSUE:
Whether or not Atty. Dublin mishandled the case by the non-
FACTS:
Maria Earl Beverly C. Ceniza sought the legal services of Atty.
Vivian G. Rubia in regard to the share of her mother-in-law in the
estate of her husband CarlosCeniza. As she had no money to pay for
attorney's fees, respondent made her sign a promissory note for
P32,000.00. After her mother-in-law arrived and paid the loan, they
kept on following up the progress of the complaint. However, after
three months when complainant verified the status of the case with
the Clerk of Court of the Regional Trial Court of Davao del Sur, she
was informed that no case with said title and docket number was
filed. Amidst complication, Atty. Rubia then severed the lawyer-client
relationship due to overwhelming workload demanded by her new
employer Nakayama Group of Companies.
ISSUE:
Whether or not Atty. Rubias withdrawal from the case proper
RULING:
No. Respondent's transgression is compounded further when she
severed the lawyer-client relationship which constrained her to
return the money received as well as the records of the case,
thereby leaving her client with no representation. Standing alone,
heavy workload is not sufficient reason for the withdrawal of her
services, violating Canon 22. Clearly, respondent violated the
Lawyer's Oath which imposes upon every member of the bar the
duty to delay no man for money or malice.
When a lawyer accepts to handle a case, he undertakes to give
his utmost attention, skill and competence to it, regardless of its
significance. Failure to fulfill his duties will subject him to grave
administrative liability as a member of the Bar. For the overriding
need to maintain the faith and confidence of the people in the legal
profession demands that an erring lawyer should be sanctioned.
Atty. Vivian G. Rubia is SUSPENDED from the practice of law for
six (6) months.
case for annulment of a deed of absolute sale (Civil Case No. 97275). The said case was dismissed for failure to prosecute.
After the case was dismissed, respondent made representations
with
complainant
that
she
was
going
to
file a petition for certiorari with the Court
of
Appeals,
assailing the dismissal of Civil Case No. 97-275. For the proposed
service, respondent charged complainant the total sum of
P3,900.00, which the latter paid. After waiting for some time without
any word from respondent, complainant personally verified with the
docket
section
of the Court
of
Appeals
whether
or
not a petition for certiorari was filed. She was dismayed to discover
that no such petition had been filed.
The Supreme Court found respondent lawyer guilty of gross
misconduct. According to the Court, respondent was grossly
remiss in the performance of her duties as counsel for complainant.
Her failure to appear during the hearings constitutes inexcusable
negligence as it proved fatal to the cause of complainant. She even
made representations with complainant that she would
file a petition for certiorari with the Court
of
Appeals
assailing the trial court's dismissal of Civil Case No. 97-275. For
the filing and preparation thereof, she charged and was
paid the sum of P3,900.00 by complainant. Respondent, however,
did
not
file the petition
without
notifying the
complainant. The incidents showed respondent's lackadaisical
manner in handling her client's cause. Respondent was suspended
from the practice of law for a period of five (5) years. She was
directed to return to complainant the amount of P3,900.00.
ISSUE:
Whether or not Atty. Luna B. Avance should be disbarred due
to gross misconduct.
HELD :
No. According to SEC. 27, Rule 138 of the Rules of
Court: Disbarment and suspension of attorneys by Supreme Court,
grounds therefore. A member of the bar may be disbarred or
suspended from his office as attorney bythe Supreme Court for any
deceit, malpractice or other gross misconduct in such office, grossly
immoral conduct or by reason of his conviction of a crime involving
moral turpitude, or for any violation of the oath which he is required
to take before the admission to practice, or for a willful disobedience
appearing as attorney for a party without authority to do so.
The penalty of suspension "for a period of two (2) years"
recommended by the Board of Governors of the IBP is too light and
inadequate given the prevailing facts of this case. For the deliberate
violation and defiance of not merely one but several Canons
of the Code of Professional Responsibility, coupled with palpable bad
FACTS:
Angelita C. Orcino engaged the services of Atty. Josue Gaspar to
prosecute a criminal case she intended to file against several
suspects in the slaying of her husband. Complainant bound herself
to pay respondent legal fees to be paid on or before the conclusion
of the case and 500.00 per appearance before the court and fiscal
which was embodied in a contract. Respondent attended the bail
hearings for the accused however, respondent failed to attend the
hearing schedules August 1991 where the court granted bail to the
accused. After the hearing, complainant confronted respondent of
his absence and accused him of jeopardizing the case by his
absence. Respondent thereafter filed a Motion to Withdraw as
Counsel but complainant refused to sign her conformity. When the
hearings in the case continued, respondent did not appear at the
hearings nor did he contact complainant which then compelled the
latter to engage the services of another lawyer. Hence, this
complaint.
ISSUE:
Whether or not Atty. Gaspar violated Canon 22 of the Code of
Professional Responsibility?
HELD:
YES. A lawyer may withdraw his services from his client only in the
following instances: (a) when a client insists upon an unjust or
immoral conduct of his case; (b) when the client insists that the
lawyer pursue conduct violative of the Code of Professional
Responsibility; (c) when the client has two or more retained lawyers
and the lawyers could not get along to the detriment of the case; (d)
when the mental or physical condition of the lawyer makes him
incapable of handling the case effectively; (e) when the client
deliberately fails to pay the attorney's fees agreed upon; (f) when
the lawyer is elected or appointed to public office; (g) other similar
cases.
The instant case does not fall under any of the grounds mentioned.
Neither can this be considered analogous to the grounds
enumerated. As found by the Commission on Bar Discipline, this
case arose from a simple misunderstanding between complainant
and respondent. Complainant was upset by respondent's absence at
the hearing where bail was granted to the suspected killers of her
husband. Complainant did not expressly terminate respondent's
services. She made this clear when she refused to sign his "Motion
to Withdraw as Counsel."
Assuming, nevertheless, that respondent was justified in terminating
his services, he, however, cannot just do so and leave complainant
in the cold unprotected. The lawyer has no right to presume that his
petition for withdrawal will be granted by the court. Until his
withdrawal shall have been approved, the lawyer remains counsel of
record who is expected by his client as well as by the court to do
what the interests of his client require. He must still appear on the
date of hearing for the attorney-client relation does not terminate
formally until there is a withdrawal of record.
his
assistance
in
the
criminal
investigation
by
grateful
of
respondents
apparent
solicitude,
the
2004.
The
MTC
ruled
against
the
complainants.
by the plaintiffs in the aforesaid civil case but then the respondent
never bothered tofile an ooposition and so the motion was
eventually granted. Two months after respondent received a copy of
the Decision, the respondent filed his Notice of Retirement of
Counsel.
Hence, this instant administrative complaint against him.
ISSUE: Whether the respondent committed culpable negligence in
handling complainants case, as would warrant disciplinary action.
HELD: Yes. No lawyer is obliged to advocate for every person
who may wish to become his client, but once he agrees to take up
the cause of a client, the lawyer owes fidelity to such cause and
must be mindful of the trust and confidence reposed in him.Among
the fundamental rules of ethics is the principle that an attorney who
undertakes an action impliedly stipulates to carry it to its
termination, that is, until the case becomes final and executory. A
lawyer is not at liberty to abandon his client and withdraw his
services without reasonable cause and only upon notice appropriate
in the circumstances.
CANON 22: A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR
GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
Case 1 Bengco vs. Atty. Bernardo, AC No. 6368
FACTS:
Around April 15, 1997 to July 22, 1997, Atty. Pablo Bernardo with the
help and in connivance with a certain Andres Magat wilfully and
illegally committed fraudulent act with intent to defraud herein
complainants Fidela G. Bengco and Teresita N. Bengco by using false
pretenses, deceitful words to the effect that he would expedite the
titling of the land belonging to the Miranda family of Tagaytay City,
who are the acquaintance of complainants herein. They convinced
the complainants that if they finance and deliver to him the amount
of P495,000.00 as advance money he would expedite the titling of
the subject land and further by means of other similar deceit like