l Ethics
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Transcript of l Ethics
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
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
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
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
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
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