Professional Documents
Culture Documents
Sandiganbayan
Facts:
• Petitioner wished to discharge Generoso Sansaet as state witness, an attorney who
served as counsel for one Paredes, provincial attorney of Agusan del Sur and then
governor
• Case against Paredes was for fraudulent misrepresentation in his application of free
patent over land at Rosario Public Land Subdivision Survey
o Violation of section 3(a) of RA 3019
• Pending such case for perjury and graft, taxpayer Teofilo Gelacio prayed 3 respondents
be investigated (inc. Honrado-clerk of court and acting stenographer of Municipal
Circuit Trial Court)
o Falsified documents making it appear that since perjury case had already been
dismissed, filing a graft case would constitute double jeopardy
o Sansaet testified that he was induced by Paredes
However, Sansaet was discharged as state witness because he has a co-conspirator to the
crime committed.
Facts
Raul Roco and his colleagues from the ACCRA Law Office were charged together with Eduardo
Conjuangco for acquiring ill-gotten wealth. The PCGG based its charge from the refusal of the
law firm to divulge information as to who had been involved in PCGG Case No. 0033, despite
the nature of the services performed by ACCRA (e.g. the law firm knows the assets, personal
transactions, and business dealings of their clients).
Later, the PCGG amended the complaint, resulting in the exclusion of Roco from the list of
defendants. Such exclusion was based from the manifestation of Roco that he would identify
the persons and stockholders involved in the said PCGG case.
The law firm petitioned for the PCGG to grant them the same treatment as what had been
accorded to Roco. It was only at this point that the PCGG answered with a “set of requirements
and conditions for exclusion” which were:
1) disclosure of the identity of the clients
3) presentation of the deeds of assignments which the lawyers executed in favor of its clients,
covering the shareholdings of the latter
To bolster this set-up, the PCGG presented supposed proof to the effect that Roco had
complied with such conditions
3) whether or not the Sandiganbayan did not uphold the sanctity of the lawyer-client
relationship
Resolution
1) yes… violation of the equal protection clause
2) no
3) yes… violation of the confidentiality privilege
Rationale
1) the inclusion of the ACCRA lawyers was merely being used as a leverage to compel them to
name their clients… classifying persons as to those who can give valuable information
apart from those who cannot is not a valid classification espoused by the equal protection
clause
2) an attorney is more than a mere agent or servant because he possesses special powers of
trust and confidence reposed on him by his client
3) as a general rule, the identity of the client should not be shrouded with mystery, as a
requirement of due process, except when :
a) revealing the name of a client would implicate the latter in the very activity for
which he sought the advice of the lawyer
c) the content of the client communication is relevant to the subject matter of the
legal problem on which the client seeks legal assistance
✯ the case of the prosecution must be built upon evidence gathered by them from their own
sources, not from compelled testimony requiring them to reveal information prejudicial to
their client
✯ the confidentiality privilege extends even after the termination of the lawyer-client
relationship
Facts:
• petition for disbarment filed by Mrs. Irene Rayos-Ombac against her nephew, Atty.
Orlando A. Rayos, a legal practitioner in Metro Manila, for "his failure to adhere to the
standards of mental and moral fitness set up for members of the bar
• Atty. Rayos induced 85 year old Mrs. Ombac to withdraw all her bank deposits and
entrust them to him for safekeeping
o if she withdraws all her money in the bank, they will be excluded from the estate
of her deceased husband and his other heirs will be precluded from inheriting
part of it
o withdraw Php 588,000
o advised complainant to deposit the money with Union Bank where he was
working. He also urged her to deposit the money in his name to prevent the
other heirs of her husband from tracing the same
o offered to pay 2 second hand cars and Php 40,000
Held: Yes
Ratio:
• he deceived his 85-year old aunt into entrusting to him all her money, and later refused
to return the same despite demand
• aggravated by the series of unfounded suits he filed against complainant to compel her
to withdraw the disbarment case she filed against him
DISBARRED.
Facts:
• Attorney Ramon Chaves was charged with malpractice for having misappropriated the
sum of four thousand pesos which he had collected for them. (from sale of coconut
land)
• prayed that the respondent be disbarred. 1
o (He was 59 years old in 1974. He passed the 1954 bar examinations with a
rating of 75.75%).
o Was hired to represent petitioners in the intestate proceeding for the settlement
of the estate of the spouses Aquilino Gonzaga and Paz Velez-Gonzaga
Held: Yes
Ratio:
• respondent made it appear that the said sum of P4,000 was going to be withdrawn on
"December 8, 1969 at nine o'clock when in fact he already withdrew such amount
• guilty of deceit, malpractice and professional misconduct for having misappropriated
the funds of his clients
DISBARRED.
Facts:
Held: Yes.
Ratio:
• violated:
The lawyer should refrain from any action whereby for his personal benefit or
gain he abuses or takes advantage of the confidence reposed in him by his
client.
Money of the client or collected for the client of other trust property coming into
the possession of the lawyer should be reported and accounted for promptly,
and should not under any circumstance be commingled with his own or be used
by him. *
• Licuanan was then compelled to file groundless suits(moral turpitude) against her
tenant (Pineda). <new lawyer for Licuanan was Atty. Jacinto>
DISBARRED.
Facts:
Held: Yes
Ratio:
• RTC records did not show any motion to dismiss case despite claimed out-of-court-
settlement with money involved
• Amicable settlement was not settled and finalized
• Violated Rule 16.01 of canon 16: a lawyer shall account for all money or property
collected or received for or from his client
DISBARRED.
(a) refusal to remit to her money collected by him from debtors of the complainant; and
(b) refusal to return documents entrusted to him as counsel of complainant in certain
collection cases.
• borrowed different amounts from Tanhuenco on 3 separate occasions but didn’t pay for
them
• collected 12,500 from debtor Mañosca but didn’t remit it to Tanhueco
• defenses: denied having borrowed money, 12000 he retained as his attorney’s fees
with Tanhueco refused to pay him
Held: Yes
Ratio:
The lawyer should refrain from any action whereby for his personal benefit or
gain he abuses or takes advantage of the confidence reposed in him by his
client.
Money of the client or collected for the client or other trust property coming into
the possession of the lawyer should be reported and accounted for promptly and
should not under any circumstance be comingled with his own or be used by
him.
• as for the contingent fees, it was shown that he had been collecting 60 percent instead
of 50
• no sufficient evidence as regards 2nd charge
Facts
A certain Concepcion Padilla requested a P285,000 loan from the Cruz spouses through Atty.
Ernesto Jacinto. The spouses, believing the representation of their lawyer that Padilla was a
good risk, authorized Jacinto to prepare the necessary documents for the registration of the
Real Estate Mortgage as a security of the loan in favor of the couple.
When the loan became due, Padilla was nowhere to be found. Later it was discovered that the
mortgage had for its object a fake TCT.
Estrella Palipada (secretary of Jacinto) testified that she was instructed by Jacinto to notarize
the mortgage by signing the name of Atty. Ricardo Neri. His housemaid Avegail Payos also
admitted that she simulated the signature of Emmanuel Gimarino (Deputy Register Of Deeds)
upon the command of her amo.
Issue/s
whether or not Jacinto committed malpractice
Resolution
malamang !!!… suspended from the practice of law for 6 months
Rationale
1) business transactions between an attorney and his client are disfavored and discouraged
by the policy of law… no presumption of innocence or improbability of wrongdoing is
considered in an attorney’s favor
Facts:
• one Militante sold a piece of land to Atty. Rubias ( his counsel in a land registration case
involving the very same land sold here) when defendant, Batiller had better right over it
because of actual possession years before Militante sold such land
Decision:
79. In re Ruste
Facts
Melchor Ruste appeared as counsel for the San Juan spouses in a cadastral proceeding. An
11/12 share of the estate was adjudged in her favor.
Ruste demanded for his fees. The couple did not have enough money to pay him, so he asked
them to execute in his favor 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.
On 21 March 1931, the land was sold to Ong Chua. The P 375 payment of Chua through Ruste
never reached the hands of the San Juan couple.
Issue/s
whether or not Ruste committed malpractice
Resolution
yes… suspended from the practice of law for 1 year
Rationale
whether the deed of sale in question was executed at the instance of the spouses driven by
financial necessity (as contended by Ruste) or at their behest (as contended by the couple) is
immaterial
✯ in either case, the lawyer occupies a vantage position to press upon or dictate his terms to
a harrassed client
Facts
Honorio Pajaron and Natividad Ypan-Pajaron conveyed two parcels of land to Gerardo Go
Beltran. The sellers maintain that Lot C was not part of the plan, but Go Beltran had already
attached a sketch to the plan which included Lot C. This misunderstanding as to the identity of
the lot became the cause of action of both parties in a series of civil and criminal cases they
filed against each other.
Ehile the criminal suit was pending appeal, Inocentes Fernandez (counsel for the spouses)
purchased Lot C.
Issue/s
whether or not Fernandez committed malpractice
Resolution
yes… suspended from the practice of law for 6 months
Rationale
Article 1459 Civil Code
facts:
• Galero was able to obtain land which he sold to one Mario Escuta becoz such alienation
allegedly violated section 118 of Public Land act
o Laig was lawyer for Galero
• Galero then sold land to Laig for Php1500 plus attorney’s fees
• When Laig died, wife noticed that tile to land was still not transferred to husband’s
name.filed for such transfer
• Pending such application, Galero however sold the land to Carmen verzon for 600 pesos
Decision:
• Mrs. Laig has better right over land for having acquired it in good faith
o Verzo was landlady of Atty. Laig when latter bought land from Galero
o Her sister witnessed said sale
o Baldomero Lapak was also in bad faith
Knowing of the existence in his records of the original of OCT No. 1097,
Baldomero Lapak effected the issuance of the second duplicate of OCT
No. 1097 to Petre Galero in just four (4) days, dispensing with the
requirements of notice and hearing to interested parties
1. his son Jose was the notary public of sale between Verzo and Galero
Facts
Atty. Esteban Abecia, counsel for Regalado Daroy, was able to obtain a favorable judgement in
the ejectment case that they filed. To satisfy the monetary considerations of the judgement,
the sheriff auctioned a parcel of land belonging to one of the defendants, with Daroy as the
highest bidder.
Daroy claimed that the affixed signature on the Deed Of Sale that covered the said parcel of
land was forged by Abecia. Daroy avers that Abecia did this to have the land sold to Jose
Gangay, which the latter would then sell to Nena Abecia (his wife).
Abecia responded that it was Daroy who sold the land to Gangay, which the latter then
happened to sell to Nena.
Issue/s
whether or not Abecia is guilty of malpractice
Resolution
no… case for disnarment is dismissed
Rationale
1) the prohibition set forth by Article 1491 of the Civil Code does not apply to the sale of the
property of the client to his counsel if the property was not the subject of litigation
2) it is true that the NBI found the signature of Daroy to have been forged, but notary public
Erasmo Damasing affirmed that Daroy and his wife signed the document before him in his
presence
✯ Daroy had the burden of proving that the signature was not his
✯ even the NBI personnel who investigated the signatures was not presented before the
court to give their testimony
• Potenciano is charged with deceit, fraud, and misrepresentation, and also with gross
misconduct, malpractice and of acts unbecoming of an officer of the court.
• Cantiller sisters impliedly contracted services or Potenciano after they lost in an
ejectment case
• Asked 2000 to give to a judge who could issue restraining order
• 10,000 to be deposited with treasurer as purchase price of apartment
• prepared a "[h]astily prepared, poorly conceived, and haphazardly composed 3 petition
for annulment of judgment
Decision: GUILTY
INDEFINITE SUSPENSION
Facts
Atty. Alfredo Barrios was appointed as counsel de officio for Gaudencio Ingco. The latter was
sentenced to death for the crime of rape with homicide.
The high tribunal, in a resolution concerning the said case, asks for an explanation from Barrios as
to why he incurred a 15-day delay in the filing of the motion for the extension for the filing of the
brief of his client.
Barrios answered that he was busy in the preaparation of the pleadings of another client, and that
his schedule was fully booked for appearances in different courts, mostly in the provinces.
Issue/s
whether the delay incurred by Barrios is tantamount to negligence which exposes him to the
disciplinary power of the court
Resolution
yes… severe reprimand
Rationale
The mere fact that the counsel de oficio has an extensive practice that required him to appear in
provincial courts does not lessen the degree of care required of him in defending an impoverished
litigant
85. Alisbo vs. Jalandoon
Facts:
• betrayed his client Ramon Alisbo's trust and did not champion his cause with that
wholehearted fidelity, care and devotion that a lawyer is obligated to give to every case
that he accepts from a client
1. He did not verify the real status of Ramon Alisbo before filing the case. Otherwise, his lack of
capacity to sue would not have been at issue.
2. He postponed the motion to revive judgment and gave way instead to a motion to resolve
pending incidents in Civil Case 4963. In doing so, he frittered away precious time.
3. He dropped Ramon Alisbo's co-plaintiffs and impleaded them as defendants. Otherwise, the
complaint would have been defective only in part.
• used his position as Alisbo's counsel precisely to favor his other client, Carlito Sales, by
delaying Alisbo's action to revive the judgment in his favor and thereby deprive him of
the fruits of his judgment which Attorney Jalandoon, as Sales' counsel, had vigorously
opposed
• did not immediately take action regarding Ramon’s insanity
Facts:
• violation of sub-paragraphs (e) and (f) of Section 20, Rule 138 of the Rules of Court of
the Philippines.
e. when the affidavit he prepared for complainants but subsequently crossed-out was
submitted as evidence against complainants in the motion for reinvestigation
f. when he sent a letter to the fiscal saying that his name was being adversely affected by
the false affidavits of complainants and for that reason, respondent was contemplating to
file a criminal and civil action for damages against them.
• furnished the adverse parties in a certain criminal case with a copy of their discarded
affidavit, thus enabling them to use it as evidence against complainants
• was partial to the adverse parties as he even tried to dissuade complainants from filing
charges against Robert Leonido (lawyer is counsel for Roberto’s brother; also classmate
of adverse party’s lawyer)
Facts:
• Atty. Coronel was Victoria Legarda’s lawyer when new Cathay House filed an action for
specific performance and damages against her.
o To compel Legarda to sign a lease contract which Cathay intended to use for a
resto
o Lawyer failed to file an appeal therefrom within reglemetary period
o Did not make an appeal from CA decision
o When Cathay house sent notice to Legarda for her to vacate property in 3 days,
lawyer did not inform client
• violated Canon 18: a lawyer shall serve his client with competence and diligence
• violated rule 18.03: shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable
• By neglecting to file the answer to the complaint against petitioner, he set off the
events which resulted in the deprivation of petitioner's rights over her house and lot
Facts:
• for having been negligent in handling her case for partition, accounting and
reconveyance then pending with the RTC-Br. 4, Kalibo, Aklan. 1
• filed notice of appeal only on July 17, 1989 when due date was July 4
• defense: Proculo Tomazar, complainant’s brother, was asked to inform complainant
about adverse decision and futility of any possible appeal
• was shown that brother was not given authority to communicate with counsel about
case
• when complainant asked lawyer about status of case, he only told her period for appeal
was over and then returned records of case to her
• did not even consult client’s opinion if latter wants to make an appeal; no authority to
waive his client’s right to appeal
90. Sibagat vs. CA (sabi ni sir, if we can’t find the case, di na lang daw ididiscuss)
91. Wack Wack Golf and Country Club vs. CA
Facts:
• Balcoff, Poblador and Angel C. Cruz represented Wack-Wack in a case filed against it by
former employees (Arcangel and Bernardo) for:
o a money claim for overtime services rendered to said employer,
o for unenjoyed vacation leave,
o moral damages and
o attorney's fees
• Said lawyers did not appear in court on May 12 working on the assumption that they
had already been released by the Club and that office of Juan Chuidian was now
handling case (however, such substitution was only formally effected and recognized by
court on May 14, 1955).
• Because of such failure to appear in court, plaintiffs were allowed to present evidence
even without defendant.
• Suntay of Chuidian office appeared for old counsel to secure postponement.
Issue: WON there was excusable neglect on the part of both counsels to the extent of making
the action of the trial court, as well as the Court of Appeals in denying relief based thereon, an
abuse of discretion constituting reversible error.
Held: NO
Ratio:
• as of may 5, 1955, both firms knew of the Club’s desire to change lawyers.
o Should have then made the necessary arrangement for the protection of the
interest of their client
o Should have turned over files to Chuidian group for them to prepare a valid
defense
o Chuidian knew of trial’s date and he should have filed his appearance
opportunely and prepare for the trial on May 12
(yikes, tama ba?read the case)
However, there was insufficient evidence to warrant discimplinary action against lawyer.
1. delay was partly complaiants’ fault
• failed to deposit money to copy documents (photostating)
• lawyer has no obligation to shoulder such expenses
• no sufficient proof to establish that lawyer did not return documents
• Perpetua Colomo was counsel for Angel Albano and Mother in a civil case.
• respondent failed to expedite the hearing and termination of the case, as a result of
which they had themselves represented by another lawyer
• respondent intervened in the case to collect her attorney's fees
o presented evidence that Albanos promised to pay her a contingent fee of 33-
1/3% of whatever could be recovered whether in land or damages
Issue: violated code? entitled to claimed fees?
Held: No Yes Case against Coloma dismissed
Ratio:
1. there was a written contract of professional services proven to be authentic
2. witness Sergio Manuel testified to the genuineness of the signatures in the contract
3. Felicidad Albano’s testimony showed that Angel Albano was authorized to give such
contingent fee
4. bad faith could be on the part of the Albanos: took advantage of lawyer’s services and
then dismissed her right after she won the case for them
issue on attorney’s fees held in abeyance until after final decision of case.
96. supra
97. supra
• Metropolitan Bank and Trust Company was ordered to pay its attorneys, Arturo Alafriz
and Associates, movant therein, the amount of P936,000.00 as attorney's fees on a
quantum meruit basis.
• Cases handled were all for the declaration of nullity of certain deeds of sale, with
damages.
Issues:
(1) whether or not private respondent is entitled to the enforcement of its charging lien for
payment of its attorney's fees;
Held: NO
Ratio:
• all civil cases were dismissed upon plaintiff’s initiative "in view of the frill satisfaction of
their claims."
• No money judgment or monetary award was provided
o Section 7, rule 138 provides that a lawyer is entitled to the enforcement of its
charging lien for payment of it’s attorney’s fees only when money judgment or
monetary award is provided for by court (di ko ‘to naintindihan)
(2) whether or not a separate civil suit is necessary for the enforcement of such lien and
Held: Not necessary. Court trying main case will determine attorney’s fees
(3) whether or not private respondent is entitled to twenty-five (25%) of the actual and
current market values of the litigated properties on a quantum meruit basis.
Held: court refused to resolve issue but gave the elements to be considered in fixing a
reasonable compensation for the services rendered by a lawyer on the basis of quantum
meruit
These are:
REMANDS the case to the court of origin for the determination of the amount of attorney's fees
to which petitioner is entitled.
Held: Yes
Ratio:
• contrary to Canon 42 of the Canons of Professional Ethics which provides that a lawyer
may not properly agree with a client to pay or bear the expenses of litigation. [See also
Rule 16.04, Code of Professional Responsibility
• lawyer may advance expenses but subject to reimbursement: this was not provided for
in the contract
suspended for 6 months.
• Atty. Manuel Fonacier was hired by petitioner when the Carreons and a certain Patricio
C. Sarile instituted before the RTC of Makati City an action against the petitioner for
rescission of the Joint Venture Agreement which provided that:
o petitioner shall undertake to develop, subdivide, administer, and promote the
sale of the parcels of land owned by the Carreons
o The proceeds of the sale of the lots were to be paid to the Philippine National
Bank (PNB) for the landowner's mortgage obligation,
o and the net profits to be shared by the contracting parties on a 50-50 basis.
• While case was pending, the petitioner, without the knowledge of the private
respondent, entered into a Memorandum of Agreement (MOA) 5 with another land
developer, Filstream International, Inc. (hereinafter Filstream). Under this MOA, the
former assigned its rights and obligations under the Joint Venture Agreement in favor of
the latter for a consideration of P28 million, payable within twenty-four months.
• March 31, 1993: petitioner terminated services of Fonacier
• Petitioner had already received 7 million from Filstream
• Upon knowing the existence of the MOA, Fonacier filed an action to recover the sum of
P700,000.00 as his contingent fee in the case even if he had no participation in the
negotiation and preparation thereof.
• Juan David sought to recover attorneys fees for professional services rendered by the
plaintiff, to Mariano Corpus.
o Administrative case filed against Corpus by several employee of the Central
Bank Export Department of which the defendant is the director
o Initially Corpus was represented by Atty. Alavarez. They lost the case.
o Father of Corpus then asked David to handle case because he thought former
lawyer wanted to give up the case.
o Alleged that David offered services gratuitously
Held: YES
Ratio:
1. There was an implied understanding between the petitioner and private respondent
that the former will pay the latter attorney's fees when a final decision shall have been
rendered in favor of the petitioner reinstating him to -his former position in the Central
Bank and paying his back salaries.
2. Corpus gave David 2thou and even mentioned that he wished he could give more:
implied promise to pay
3. procedure in filing claim proper: when Corpus was re-instated, David made a written
demand on April 19, 1965 upon petitioner Corpus for the payment of his attorney's fees
in an amount equivalent to 50% of what was paid as back salaries
4. absence of written contract regarding fees: excusable based on close relationship of
parties
5. 20thou was reasonable compensation; basis were:
a. Corpus received P150,158.50 as back salaries and emoluments after deducting
taxes as well as retirement and life insurance premiums due to the GSIS
b. Extent of services rendered (4 years as collaborating counsel)
• filed on or about September 13, 1978 a motion with the court a quo for the issuance of
a writ of execution to enforce its decision in Civil Case No 61802, subject of the present
petition, knowing fully well that it was then still pending appeal before this Court
•
Decision:
1. case against Linsangan was dismissed for lack of merit
2. Risma is exculpated from the charge of having instigated the filing of an unfounded suit
• However, admonished to exercise greater care in ascertaining how much under our law
he could recover by way of attorney's fees
• Admonished only because he had made no effort to collect on the same and had even
advanced expenses for a poor client
who, in a written contract, had covenanted to pay the same out of the proceeds of a fire insurance
policy for P12,000, issued in his favor by the defendant Scottish Union and National Insurance Co.,
and
(2) P1,485, unpaid balance of attorney's fees owing by the defendant Miguel H. Mitre in four
other cases
Decision: entitled to 6000. Fees claimed in number 2 were not supported by sufficient
evidence
1. validity of contract upheld
• A contract for services shall control the amount to be paid therefor unless found by the
court to be unconscionable or unreasonable.
• Contract was binding: obvious that complainant respected services of lawyer coz he
even retained services of counsel even after conviction by trial court
Claim that lawyer’s present income should also be considered in deciding amount of fee was not
• for the collection of attorney's fees by plaintiff Primitivo Sato, against Simeon Rallos in
his capacity as administrator and distributor of the Testate Estate of Numeriana Rallos
and the Intestate Estate of Victoria Rallos
Issue: WON lawyer was entitled to fees.
Held: YES, Court fixed sum of 12, 500
Ratio:
• estates and distribute thereof were greatly benefited (Colloector of Internal revenue effected
a revised assessment which was the basis for the payment of P22,545.47 as taxes, as against
the original amount of P130,076.43
Issue: WON procedure for filing claim was sufficient
Held: No, more than the legal procedural requirements
Ratio:
• complaint was not only filed against the administrator as such and as a distributee but also
against the other distributes
• would have been enough for counsel to request the administrator to make payment and
file an action against him in his personal capacity and not as an administrator should he
fail to pay or
• attorney also may, instead of bringing such action, file a petition in the Testate or
Intestate Proceeding asking that the Court, after notice to all persons interested, allow
his claim and direct the administrator to pay it as an expense of administration
Facts:
• That Barranco should be denied admission to the legal profession.
• He passed 1970 bar exams but failed 1966-1968 exams.
• She and Barranco had a child out of wedlock and that Barranco did not fulfill his promise to marry her.
• 1971: she learned that he married another woman.
• Charge: gross immorality
Issue: WON grounds invoked were sufficient to grant a petition for disbarment
Held: No
Ratio:
• acts suggest a doubtful moral character but not grossly immoral conduct
“ A grossly immoral act is one that is so corrupt and false as to constitute a criminal act or so
unprincipled or disgraceful as to be reprehensible to a high degree.”
“It is a willful, flagrant, or shameless act which shows a moral indifference to the opinion of respectable members
of the community.”
Facts:
• Atty. Iris Bonifacio allegedly carried on an immoral relationship with Carlos Ui, husband of Leslie Ui.
• Had a daughter out of that illicit relationship
• Lived together in Ayala Alabang Village.
• Respondent was admitted to the bar in 1982.
• Immorality connotes conduct that shows indifference to the moral norms of society and opinion of good and
respectful members of community.
• To warrant disciplinary action, it must be so corrupt and false as to constitute a criminal act or so unprincipled
as to be reprehensible to a high degree.
• In fairness, she distanced herself from Carlos after learning of his true civil status.
Nature: Administrative Matter in the Supreme Court. Gross Immorality and Grave Misconduct.
Facts:
• Judge Priscilla Vda. De Mijares charged a retired justice of the CA, Onofre Villaluz, with gross immorality
and grave misconduct.
Villaluz married Mijares knowing fully well that the annulment of his marriage to his first wife, Librada Peña, had
not yet attained finality.
After breaking up with Mijares, he proceeded to marry Lydia Geraldez, after making a false statement in his
application for marriage license that his previous marriage had been annulled.
Suspension for 2 years with severe warning that a more severe penalty shall be imposed should he commit the
same or similar offense hereafter. Guilty of immoral conduct in violation of the Code of Professional
Responsibility
Melendres vs. Decena, 176 SCRA 663 (1989)
Acts constituted deception and dishonesty and conduct unbecoming a member of the Bar.
Contrary to justice, honesty, modesty and good morals.
1. making it appear on the real estate mortgage that the amount loaned was 5,000
instead of 4,000
2. exacting usurious interest
3. making it appear that amount had escalated to 10 thousand
4. failing to inform complainants of the import of the documents
5. failing to demand from complainants before effecting extrajudicial foreclosure of the
mortgaged property
6. failing to inform then that mortgage had been foreclosed and that they had right to
redeem property within a period of time.
Gross misconduct on the part of a lawyer, although not related to the discharge of his
professional duties as a member of the Bar, which puts his moral character in serious doubt,
renders him unfit to continue in the practice of law.
DISBARRED.
Facts:
• Atty Jose B. Aznar, then chairman of Southwestern University, had carnal knowledge
with second year med student, Rosario de los Reyes. He did so several times by
threatening her that she would fail in her Pathology subject if she would not submit to
his desires. When she became pregnant, he forced her to undergo abortion under Dr.
Gil Ramas.
• DISBARRED. Took advantage of his position. Conduct unbecoming of a member of the
Bar.
SUSPENDED.
DENIED. Crimes of which respondent was convicted also import deceit and violation of her
attorney’s oath and the CPR under both of which she was bound to obey the laws of the land.
Conviction of a crime involving moral turpitude might not (as in the instant case, violation of
BP Blg. 22) relate to the exercise of the profession of a lawyer, however, it certainly relates to
and affects the good moral character of a person convicted of such offense.
Facts:
• Terrel assisted in the organization of Centro Bellas Artes Club, created for the
purpose of evading the law then in force in said city
SUSPENDED.
Code of Civil Procedure sec 21:
The promoting of orgs, with knowledge of their objects, for the purpose of
violating or evading the laws against crime constitutes such misconduct on the part of
the attorney, an officer of the court, as amounts to malpractice or gross misconduct in
his office, and for which he may be removed or suspended.
REPRIMANDED. Plea for leniency and his promise not to repeat the misconduct
Denied.
• 1815: names in a firm name of a partnership must either be those of living
partners and in case of non-partners, should be living persons who can be
subjected to liability
• 1825: prohibits a 3rd person from including his name in the firm name under the
pain of assuming liability of a partner
• a professional partnership depends on the personal qualifications of its
members
• a partnership for the practice of law is not a legal entity but a mere relationship
for a particular purpose
• no local custom in the Phils. Permits or allows the continued use of a deceased
partner’s name: otherwise, there is the possibility of deception
Yes. Baker and McKenzie, being an alien law firm, cannot practice law in the
Philippines (Sec 1, Rule 138, ROC)
C20: In re IBP
PETITION DISMISSED.
Practice of law means any activity, in or out of court, which requires the application of
law, legal procedure, knowledge, training, and experience.
Lawyer-manager/entrepreneur/legislator
Tomas Narbasa
Tambac Alindo
Rufino Borres
Respondent judge denied motion for recon by city fiscal and insisted that there should
only be one case filed rather than five.
• Court held that fiscal’s five information were valid.
• When various victims expire from separate shots, such acts constitute separate
and distinct crimes.
• A prosecution attorney shall file a particular information if he is convinced that
he has evidence to prop up the averments thereof.
When prosecution may be enjoined:
1. for the orderly administration of justice
2. to prevent the use of the strong arm of the law in an oppressive and vindictive
manner
3. to avoid multiplicity of actions
4. to afford adequate protection to constitutional rights
5. in proper cases, because the statue relied upon is unconstitutional or was held
invalid
* should refrain from laying himself open to such doubts and misgiving as to his
fitness not only for the position occupied by him but also for membership in the bar
In re 1989 Elections of the IBP, 178 SCRA 398 (1998)
Facts:
Responding to reports from lawyers and publishers about intensive
electioneering and overspending by the candidates, SC en banc, exercising its power
of supervision over the Integrated bar, resolved to suspend the oath-taking of the IBP
officers-elect and to inquire into the veracity of the reports.
• also violated the ethics of the legal profession which imposes on all lawyers, as
a corollary of their obligation to obey and uphold the constitution and the laws,
the duty to promote respect for law and legal processes and to abstain from
activities aimed at defiance of the law or at lessening confidence in the legal
system. (rule 1.02, Canon 1, Code of Professional Responsibility)
• The unseemly ardor with which the candidates pursued the presidency of the
association detracted from the dignity of the legal profession.
Decision:
1. IBP elections were annulled.
2. other modifications were added (wow, helpful)