l Ethics

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1. Angeles v. Uy Jr. R kept client's money and failed to inform her Canon 16: shall hold in trust all moneys and properties of his clients Rule 16.01: shall account for all that has been collected 4. Choa v. Chiongson Atty Quiroz assisted in filing a groundless, false suit against Judge P: R failed to divulge that they were neighbors Canon 15: against groundless suit; next-door relationship not a ground for a mandatory disqualification; should have raised in an appropriate pleading not filing an administrative case; FINED (Quiroz) 5,000 R: not acquainted; complainant not of good moral character 2. Nakpil v. Valdes L bought property for client (deceased) L also accounted the estate but omitted the said property although included loans obtained for the same upon liquidation Canon 17: owes fidelity to his client's cause and enjoins him to be mindful of the trust and confidence 5. Cosmos v. Lo Bu labor dispute; writ of execution Atty. Busmante's answer to petition: deny allegations, “Errand boy” defend his client's cause with zeal but not to disregard the truth in defiance of clear purpose of the labor statues. Officer of court. 3. Liwag v. Neri L did not file the complaint despite payment given by client Breach of Professional Ethics: made client believe that the other party has already been sued; failed to return filing fee 6. Gamalinda vs. Alcantara J. Fernando & Atty. Lim Case regarding loss of C land previous admin case was dismissed C was held in contempt for entering the disputed land pending case. Atty Lim moved for execution- denied then filed urgent surrender of TCT-granted WON acts of Atty. correct Case dismissed Atty. Lim acted diligently for the cause of his client in an honorable way. He should be commended and not condemned. Lack of merit. 4. Diaz v. Kapunan L desisted from bidding for client's property for 1K from C Technical violation: person who shall solicit anything as consideration for agreeing to refrain from taking part in auction 7. JP Sons v. Lianga Inc. Collection case: judgment in favor of P and D appealed D filed a notice of appeal resulting to further delay in the resolution of case. D's appeal was frivolous. D has no cause to complain. Such cases contribute to the needless clogging of court dockets and cause delay. 5. Canlas v. CA L offered to pay client's loan in exchange for client's property and as payment for his fees Atty fee and expenses must be reasonable; no point in keeping the properties 8. Azor v. Beltran D accused of taking rollo of Special Proceedings, financial report of C and court order; WON guilty of malpractice and gross misconduct No. C assumed, R submitted evidence that all are intact and altered. R explanation is reasonable. No justification to induce forcible entry. R should be absolved. R as a lawyer, should be more meticulous in examining records. 6. Capulong v. Alino Failure of L to pay the docket fee and deposit cost of printing DISBARRED; misappropriation of funds; high degree of irresponsibility 9. Visitacion v. Manit 7. Celaje v. Soriano L asked for money for unnecessary reasons Canon 16: Presumption of misappropriation: Suspended 10. De Roy v. CA 8. Penticostes v. Ibanez Failure to remit SSS contributions Professional Misconduct: Canon 6: shall apply to lawyers in gov't service; Canon 1.01: dishonest act 11. Cuaresma v. Daquis 1. Santiago v. Fojas -FEUFA lost suit -Fojas: counsel to FEUFA (Santiago) C: R failed to answer complaint Inexcusable negligence Rule 15.05, Canon 15 (candid & honest opinion on merits of case) Rule 18.03, Canon 18 (not neglect) REPRIMANDED 12. Vda de Zubiri R: cured by filing motion for reconsideration; futile c 2. Cantiller v. Potenciano - ejectment case - withdrew as counsel, asked for more money C: gave money to R for the case only for atty to withdrew services Failure to exercise due diligence Should protect client's interest Lack of good faith; His duty was not only to prepare pleadings but to represent complainant until the end. SUSPENDED INDIFINETLY 13. Deluao v. Casteel R: done in good faith, little time, hemorrhoids 3. Millare v. Montero - C obtained favorable judgment - writ of execution C: R filed numerous suits to prevent execution of judgment Guilty of forum shopping Canon 19(Rule 19.01)- within the bounds of law (Rule 19.03) a lawyer is not a gun for hire Canon 12- exert effort; undue delay, not file multiple actions SUSPENDED 1 year 14. Heirs of Elias R: MTC and RTC decisions were null and void, mistake in filing appeal

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Transcript of l Ethics

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1. Angeles v. Uy Jr.

R kept client's money and failed to inform her

Canon 16: shall hold in trustall moneys and properties ofhis clientsRule 16.01: shall account for all that has been collected

4. Choa v.ChiongsonAtty Quiroz assistedin filing agroundless, falsesuit against Judge

P: R failed to divulgethat they wereneighbors

Canon 15: against groundlesssuit; next-door relationship nota ground for a mandatorydisqualification; should haveraised in an appropriatepleading not filing anadministrative case; FINED(Quiroz) 5,000

R: not acquainted;complainant not ofgood moral character

2. Nakpil v. ValdesL bought property for client (deceased)

L also accounted the estate but omitted the said property although included loans obtainedfor the same upon liquidation

Canon 17: owes fidelity to his client's cause and enjoinshim to be mindful of the trust and confidence

5. Cosmos v. Lo Bulabor dispute; writof execution

Atty. Busmante'sanswer to petition:deny allegations, “Errand boy”

defend his client's causewith zeal but not todisregard the truth indefiance of clearpurpose of the laborstatues. Officer of court.

3. Liwag v. Neri

L did not file the complaint despite payment given by client

Breach of Professional Ethics: made client believe that the other party has already been sued; failed to return filing fee

6. Gamalinda vs.AlcantaraJ. Fernando & Atty. LimCase regarding loss of Clandprevious admin case wasdismissed

C was held in contempt forentering the disputed landpending case. Atty Limmoved for execution- deniedthen filed urgent surrenderof TCT-grantedWON acts of Atty. correct

Case dismissedAtty. Lim acted diligently for the cause of his client in an honorable way. He should be commended and not condemned. Lack of merit.

4. Diaz v. Kapunan

L desisted from biddingfor client's property for 1K from C

Technical violation: person who shall solicit anything asconsideration for agreeing torefrain from taking part in auction

7. JP Sons v. Lianga Inc.Collection case:judgment in favor of Pand D appealed

D filed a notice of appealresulting to further delay inthe resolution of case.

D's appeal was frivolous. Dhas no cause to complain.Such cases contribute to theneedless clogging of courtdockets and cause delay.

5. Canlas v. CA

L offered to pay client'sloan in exchange for client's property and as payment for his fees

Atty fee and expenses must be reasonable; no point in keeping the properties

8. Azor v. Beltran D accused of taking rollo ofSpecial Proceedings,financial report of C andcourt order; WON guilty of malpracticeand gross misconduct

No. C assumed, R submittedevidence that all are intact andaltered. R explanation isreasonable. No justification toinduce forcible entry. R shouldbe absolved. R as a lawyer,should be more meticulous inexamining records.

6. Capulong v. Alino

Failure of L to pay the docket fee and deposit cost of printing

DISBARRED; misappropriation of funds; high degree of irresponsibility

9. Visitacion v. Manit

7. Celaje v. Soriano

L asked for money for unnecessary reasons

Canon 16: Presumption of misappropriation: Suspended

10. De Roy v. CA

8. Penticostes v. Ibanez

Failure to remit SSS contributions

Professional Misconduct: Canon 6: shall apply to lawyers in gov't service; Canon 1.01: dishonest act

11. Cuaresma v. Daquis

1. Santiago v.Fojas-FEUFA lostsuit-Fojas: counselto FEUFA(Santiago)

C: R failed to answercomplaint

Inexcusable negligenceRule 15.05, Canon 15 (candid& honest opinion on merits ofcase)Rule 18.03, Canon 18 (notneglect)REPRIMANDED

12. Vda de Zubiri

R: cured by filing motionfor reconsideration;futile c

2. Cantiller v.Potenciano- ejectment case- withdrew ascounsel, askedfor more money

C: gave money to R forthe case only for atty towithdrew services

Failure to exercise due diligenceShould protect client's interestLack of good faith; His duty wasnot only to prepare pleadings but torepresent complainant until the end.SUSPENDED INDIFINETLY

13. Deluao v. Casteel

R: done in good faith,little time, hemorrhoids

3. Millare v.Montero- C obtainedfavorablejudgment- writ ofexecution

C: R filed numeroussuits to preventexecution of judgment

Guilty of forum shoppingCanon 19(Rule 19.01)- within thebounds of law (Rule 19.03) alawyer is not a gun for hireCanon 12- exert effort; unduedelay, not file multiple actionsSUSPENDED 1 year

14. Heirs of Elias

R: MTC and RTCdecisions were null andvoid, mistake in filingappeal

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15. Avelino v. Palana

6. People v.VillanuevaMalicious MischiefAtty. Fule made anappearance duringtrial

Fule as City Attorney enteredhis appearance (askedpermission from DOJ)violates Rule 138 of RRC

No. Isolated appearance notprivate practice of law (as such ispresenting himself in active andcontinued practice of legalprofession); appeared as friendand was not paid

16. Diman v. Alumbres

7. Dia-Anonuevo v.Judge BercasioMunicipal Judgeverify deed of sale,advised C, intercededin their behalf for3500

R did not return deposit.Contended that C did notwant to get the money back. R engaged in practice of law

Guilty of violating Sec 77 ofJudiciary Act of 1948: no Judgemay engage in private practice.Practice of law includespreparation of pleadings inanticipation of litigation, givinglegal advice, SUSPENDED 6mos

17. Saulog v. Custombuilt

8. De Guzman v.Visayan Rapid TransitP: hired to reducecertain toll rates

Reasonable CompensationR: P only administrative anddid not require high degreeof prof skillsR: services of P areunsolicited and unauthorized

Measured not alone by his worktaken separately, but by his worktaken as a whole. Promise to pay evident.Reasonable Compensation: 7,000

18. People v. Casimiro

9. Cayetano v. Monsod

R did not meet the qualification for appointment as COMELEC chairman

Practice of law- means activity, in or out of court, w/c requires application of law, legal procedure, knowledge, training and experience

19. People v. Nadera, Jr.

10. In re: EdillonIBP membership and dues

Refused to pay IBP membership fee; violative of his constitutional right to life and liberty

IBP: state-organized Bar- every lawyer must be a member; should comply withrules including payment of fees (police power); inherent judicial functions: DISBARRED

20. Nueno v. Santos

11. Tejan v. CusiL lied about TCT,denied and was charged by J admin case;

L asked for J to inhibit in the admin case; L was suspended;

Court may act upon its own motion and initiate investigations; CA/CFI- power to investigate and suspend IBP members; SC- full investigation and decide; SG intervention unnecessary

1. In re: LanuevoBar Confidant Ramon Galang:passed because ofreevaluation

Lanuevo: facilitated re-evaluation of Galang'sbooklets(unauthorized)Galang: concealed pendingcriminal case on his barapplications

Bar Confidant: no authority to re-evaluate grades; not an over-allexaminer; only a custodian ofbookletsGalang: highly irregular manner ofpassing; fraudulently concealmentof criminal caseBOTH DISBARRED

12. Alcala v. Vera Failure to inform client; loss time to appeal

Suspended only not disbarred: negligence did not sustain damage (mitigating). Guilty of simple negligence: severely censured. Not all negligence entitles collection of damages

2. First LepantoCeramic v. CABOI affirmedchanges toregistered name ofproduct

P: questions jurisdiction ofCA (should be SC EO 226)

Private R was correct; conflictsresolved as C 1-9 effectivelyrepealed...; BOI appeals can nowbe filed in CA

13. Catimbuhan v. Cruzlaw student wantsto represent friend

J disallowed; was charged of violation of Rule 138 RoC, GADALEJ

Sec 34, Ruke 138 Roc: MTC party may conduct litigation with aid of an agent appointed by him; under supervision

Private R: Circular 1-9resolved conflicts betweenB.P.129 and Art of E.O. 226

3. In re: CunananRA 972: passedand admitted gradeof 72 by increasingto 75

For those with inadequatepreparation; the law iscontrary to public interest

Unconstitutional: 1.Congressexceeded power; 2. establisharbitrary method; 3. effects violatethe Constitution;

14. Hydro Resources v. PagalilauanLegal Assistant

L- received monthly salary; firedIllegal dismissalexistence of employer-employee relationship

Existence standards: 1. manner of selection, 2. mode of payment, 3. presence or absence of power of dismissal, 4. p/a of power to control conduct; Reinstated

4. Kuroda v.JalandoniAtty. Hussey andPort in behalf ofUSA

P: American attys notqualified to practice law inPhil. Under our ROC: Violative of nationsovereignty

SC: under special military tribunalnot ROC; no requirement regardingqualifications to practice in Phil.: vindication of crimes ; have legalinterest; aggrieved by the crimes P

15. Ramos v. Rada (messenger in CFI)

Prohibition against gov't employees from engaging directly in private business

Ministerial duties only; must secure written permission from Executive Judge of CFI;reprimanded

5. Omico Mining v.VallejosCatolico: judge ofCFT: return 10certificates;payment of hisservices

Judge: GADALEJ defendantsdefaultR: notice of hearingaddressed to clerk of court

Yes. Has sufficient notice ofhearing. Not in default.Contract: void (contrary to law...)Judge should be impartial, his rightto practice law as an atty wassuspended as judge

16. Beltran v. Abad – bar passer, not admitted in IBP

Illegal practice of law; collaborated with Atty. Jacobe; signature in criminal cases

2 requisites are: Lawyer’s Oath to be administered by the Court and his signature in the Roll of Attorneys. Mr. Abad was fined Php 500.00

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17. Baraco v. PinatacanAffair- Impregnated then abandoned CMarried another

C: acts of R made himunfit to become a lawyer

Moral delinquency.failed tolive up to the high moralstandard. Had been denied forpracticing 8 years already andrecognized the child. Allowedto take the lawyer's oath.

6. People v. Rosqueta

R: Denied relationship;R promised marriage

18. Diao v.Martinezpassed the barbut failed inacquiringrequiredacademicqualifications

Did not finish HS; Neverobtained AA diplomaDiao: admits; enteredUS army

Not qualified to take bar.False representations. PassingBar is immaterial. Not theonly qualification. Takingprescribed courses is equallyessential. Stricken off the roll,return lawyer's diploma

7. De Roy v. CA

19. In re:ArgosinoPassed Barconvicted of RIresulting inHomicide(Hazing)

Court deferred oath-taking but grantedprobation. Filed case totake oath. Prove GM;Victim's father comment

Allowed but withadmonitions. Not inherentlyof bad moral fiber. Scpersuaded he has exerted allefforts to atone for death.Oath not a mere ceremony, atALL TIMES

8. Far Eastern v. CA

20. Collantes v.Renomeronirregularactuations in theapplication ofregistrationDeeds ofAbsolute Sale

R suspended theregistration ofdocuments with “specialconditions”(round tripticket Tacloban-Manilaplus 2K pocket money orsale of R's house and lotby V&G/GSIS

Lawyer's misconduct as apublic official also constitutesa violation of his oath as alawyer. CPR applies to gov'tservices (Canon 6). Rule 1.01and Rule 1.03DISBARRED

1. Director of Religious Affairs v. Bayot

1. Montecillo v.GicaC accused by Rof slanderAtty. Del Mar(lawyer of C)was able to winthe case. Rappealed to CA

Atty filed MR and thatCA judges knowinglyrendered unjust decision;still made threats.Demanded clerk of SCnames of judges whovoted against him. Filedcases against SC judges

Contemptuous acts: violationof his duties to courts. Scantrespect on flimsy ground ofalleged error in decidingcase. Challenged the integrityof CA and SC. SUSPENDEDINDIFINETLY

2. Ledesma v. Climaco

2. In re:GutierrezLawyer;convicted ofmurder andsentenced withdeath penalty-changed to RP;then pardoned

Widow of victim filedfor disbarment (moralturpitude) of Atty. whichwas answered and factswere admitted but usedpardon as defense

Pardon was conditional notabsolute (remitted sentence).Crime was committed withtreachery, taking advantage ofhis position (mayor)& use ofmotor vehicle. Degree of MTjustify disbarment.

3. Cusi v. Cusi

4. De Ysasi v.NLRCFather and SonLabor dispute;son sufferedailments;

F med expenses and Scompensated duringillness. Without duenotice, ceased to pay S.S demanded explanationfrom F's lawyer-auditor-inaction.

Conducts of counselsdisappointing. Duties goesbeyond merely representingclient's causes, but also exertall effort to smooth over legalconflicts especially amongfamily members. Mediatorand councilor Rule1.04

4. Villegas v. Legaspi

5. Pajares v.Abad Santosbuy and sellbusiness.Company suedC for recoveryof money

C asked for bill ofparticulars : Denied, thenMR:Denied -cloggedcourt for 7 years

No faithful adherence to RoCRule 7 sec 5. Counsel shouldhave advised his client toconfess judgment and askfrom her creditor thereasonable time she needed,expenses of litigation wouldhave been sufficient to paythe debt.

5. Enriquez v. Giminez

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6. Salcedo v. Hernandez

15. 2003 Bar Exam

7. Alawi v. Alauya

16. In re: Petitioner to sign

8. Pangan v. Dionisio

17. In re: David

9. PLA v. Agrava

20. De leon v. CA

10. Li v. Bonifacio

21. Soriano v. Dizon

11. Deles v. Aragona

22. Metrobank v. CA

12. Blanza v. Arcangel

23. Reyes v. Gaa

13. Zarote v. Simoliciano

24. Ting-Dumali v. Torres

14. A-1 v. Valerio

25. People v. Tuanda

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26. In re: Elmo Abad

9. De Gracia v. Warden of Makati

27. Aguirre v. Rana

10. Buenasada v. Flavier

1. City Sheriff v.Fortunato

11. Santos v. Cruz

2. Occena v. Marquez

12.People v. Taneo

3. Chavez v. Viola

13. Urbina v. Maceran

4. Chan Kian v. Angsin

14. Castaneda v. Ago

5. Casals v. Cusi 15. Austria v. Masaquel

6. COMELEC v. Noynoy

16. Martelino v.Alejandro

8. Surigao Mineral v. Cloribel

1. Regala v. Sandiganbayan

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2. In re: Sycip 3. Tan v. Sabandal

3. Daroy v. Legaspi

4. In re: Parazo

4. Hilado v. David

5. Pangan v. Ramos

5. Stone v. Bankof Commerce

6. In re: Gutierrez

6. Guerrero v. Hernando

7. Narido v. Linsangan

7. Uy v. Gonzales

8. Lapu v. Remotigue

8. Rilloraza v. Wagner

9. Camacho v. Pangulayan

9. Government v. Wagner

10. Robinson v.Villafuerte

1. Rivera v. Angeles

11. Tan Tek beng v. David

2. Ducat Jr. v. Villalon

13. Ulep v. Legal Clinic