Professional Documents
Culture Documents
20 CASE DIGESTS
IN RE: VICTORIO LANUEVO (former Bar
confidant)
FACTS:
Filed certiorari.
RULING:
The court disbarred Lanuevo has no authority to
request the examiners to re-evaluate grades of
examinees w/o prior authority from Supreme Court.
He does not possess any discretion with respect to
the matter of admission of examinees to the bar. He
does not a have any business evaluating the answers
of the examinees.
Consequently, Galang was also disbarred Sec. 2 of
Rule 138 of the Revised Rules of Curt of 1964,
candidates for admission to the bar must be of good
moral character. Galang has a pending criminal
cases of Physical Injuries, he committed perjury when
he declared under oath that he had no pending
criminal case this resulted him to revoked his license.
FIRST LEPANTO CERAMICS, INC., petitioner, vs.
THE COURT OF APPEALS and MARIWASA
MANUFACTURING, INC., respondents.
FACTS: BOI granted petitioner First Lepanto
Ceramics, Inc.'s application to amend its BOI
certificate of registration by changing the scope of its
registered product from "glazed floor tiles" to
"ceramic tiles." Eventually, oppositor Mariwasa filed a
motion for reconsideration of the said BOI decision
while oppositor Fil-Hispano Ceramics, Inc. did not
move to reconsider the same nor appeal therefrom.
Soon rebuffed in its bid for reconsideration, Mariwasa
filed a petition for review with respondent Court of
Appeals pursuant to Circular 1-91.
Respondent court required the BOI and petitioner to
comment on Mariwasa's petition and to show cause
why no injunction should issue
Petitioner filed a "Motion to Dismiss Petition and to
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Improper venue
Lack of cause of action. It was agreed that
the plaintiff shall head the legal department
of defendant Omico Mining & Industrial
Corporation, the same is illegal, void and
unenforceable, plaintiff being a judge of the
Court of First Instance who is prohibited by
Section 35 of Rule 138 of the Revised Rules
of Court from engaging in private practice
as a member of the Bar
FACTS:
Simplicio Villanueva was charged with the Crime of
Malicious Mischief before the Justice of the Peace
Court of Alaminos, Laguna. The complainant in the
same case was represented by City Attorney Ariston
Fule of San Pablo City, having entered his
appearance as private prosecutor, after securing the
permission of the Secretary of Justice. The condition
of his appearance as such, was that every time he
would appear at the trial of the case, he would be
considered on official leave of absence, and that he
would not receive any payment for his services. The
appearance of City Attorney Fule as private
prosecutor was questioned by the counsel for the
accused invoking Section 32 of Rule 127 (now Sec.
35, Rule 138, Revised Rules), which provides that "no
judge or other official or employee of the superior
courts or of the office of the Solicitor General, shall
engage in private practice as a member of the bar or
give professional advice to clients."
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by
petitioner
constitutes
HELD:
Yes. We have noted in the beginning that the services
here were rendered in a case of an administrative
nature. But that does not alter the application of the
proper rule professional services, to prepare and
advocate just claims for compensation, are as
legitimate as services rendered in court in arguing a
cause to convince a court or jury that the claim
presented or the defense set up against a claim
presented by the other party ought to be allowed or
rejected. Parties in such cases require advocates; and
the legal profession must have a right to accept such
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HELD:
Yes. Practice of law means any activity, in or out of
court, which requires the application of law, legal
procedure, knowledge, training and experience. "To
engage in the practice of law is to perform those acts
which are characteristics of the profession. Generally,
to practice law is to give notice or render any kind of
service, which device or service requires the use in
any degree of legal knowledge or skill."
Practice of law under modern conditions consists in
no small part of work performed outside of any court
and having no immediate relation to proceedings in
court. It embraces conveyancing, the giving of legal
advice on a large variety of subjects, and the
preparation and execution of legal instruments
covering an extensive field of business and trust
relations and other affairs. Although these
transactions may have no direct connection with
court proceedings, they are always subject to
become involved in litigation. They require in many
aspects a high degree of legal skill, a wide
experience with men and affairs, and great capacity
for adaptation to difficult and complex situations. No
valid distinction, so far as concerns the question set
forth in the order, can be drawn between that part of
the work of the lawyer which involves appearance in
court and that part which involves advice and
drafting of instruments in his office.
The test that defines law practice by looking to
traditional areas of law practice is essentially
tautologous, unhelpful defining the practice of law as
that which lawyers do. The practice of law is defined
as the performance of any acts . . . in or out of court,
commonly understood to be the practice of law.
In the course of a working day the average general
practitioner wig engage in a number of legal tasks,
each involving different legal doctrines, legal skills,
legal processes, legal institutions, clients, and other
interested parties. Even the increasing numbers of
lawyers in specialized practice wig usually perform at
least some legal services outside their specialty. And
even within a narrow specialty such as tax practice, a
lawyer will shift from one legal task or role such as
advice-giving to an importantly different one such as
representing a client before an administrative
agency.
By no means will most of this work involve litigation,
unless the lawyer is one of the relatively rare types
a litigator who specializes in this work to the
exclusion of much else. Instead, the work will require
the lawyer to have mastered the full range of
traditional lawyer skills of client counselling, advicegiving, document drafting, and negotiation. And
increasingly lawyers find that the new skills of
evaluation and mediation are both effective for many
clients and a source of employment.
Regarding the skills to apply by the corporate
counsel, three factors are apropos:
1. First System Dynamics. The field of systems
dynamics has been found an effective tool
for new managerial thinking regarding both
planning and pressing immediate problems
2.
3.
FACTS:
The respondent Marcial A. Edillon is a duly licensed
practicing attorney in the Philippines.
On November 29, 1975, the Integrated Bar of the
Philippines Board of Governors unanimously adopted
Resolution No. 75-65 in Administrative Case No.
MDD-1 (In the Matter of the Membership Dues
Delinquency
of
Atty.
Marcial
A.
Edillon)
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HELD:
To compel a lawyer to be a member of the Integrated
Bar is not violative of his constitutional freedom to
associate.
Integration does not make a lawyer a member of any
group of which he is not already a member. He
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arbitrary
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requested
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REPRIMANDED
Issue:
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ISSUE:
WON respondent is entitled to take the
lawyers oath
HELD:
Yes, the court allowed Ruben to take the
lawyers oath. Considering that respondent has legally
recognized and acknowledged complainant's child
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b.
c.
d.
FACTS:
Petitioner Al Caparros Argosino passed the
bar examinations held in 1993. The Court however
deferred his oath-taking due to his previous
conviction for Reckless Imprudence Resulting In
Homicide. He was one of the eight accused in the
death of a neophyte during fraternity initiation rites.
The 8 pleaded guilty to reckless imprudence resulting
in homicide.
On June 18, 1993, Argosino was granted
probation.
On April 11, 1994, discharged from
probation. On April 14, 1994, filed a petition to be
allowed to take the lawyer's oath. On July 13, 1995,
SC issued a resolution requiring Argosino to submit
evidence that he may now be regarded as complying
with the requirement of good moral character. In
compliace
therewith,
Argosino
submitted
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certifications/letters executed by 2 senators, 5 trial
court judges, 6 members of religious orders.
Argosino also submitted that a scholarship
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ISSUE:
WON Argosino may be allowed to take his
lawyer's oath.
HELD:
YES. In allowing Mr. Argosino to take the
lawyer's oath, the Court recognizes that Mr. Argosino
is not inherently of bad moral fiber. On the contrary,
the various certifications show that he is a devout
Catholic with a genuine concern for civic duties and
public service. The Court is persuaded that Mr.
Argosino has exerted all efforts to atone for the death
of Raul Camaligan. We are prepared to give him the
benefit of the doubt, taking judicial notice of the
general tendency of youth to be rash, temerarious
and uncalculating. We stress to Mr. Argosino that the
lawyer's oath is NOT a mere ceremony or formality
for practicing law. Every lawyer should at ALL TIMES
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Issues:
WON the respondent, as a lawyer, may also
be disciplined by the Court for his malfeasance as a
public official
Held:
Yes, a lawyers misconduct as a public
official also constitutes a violation of his oath as a
lawyer. The lawyers oath imposes upon every lawyer
the duty to delay no man for money or malice. The
lawyers oath is a source of obligations and its
violation is a ground for his suspension, disbarment
or other disciplinary action.
The Code of Professional Responsibility applies to
government service in the discharge of their official
tasks (Canon 6). The Code forbids a lawyer to engage
in unlawful, dishonest, immoral or deceitful conduct
(Rule 1.01, Code of Professional Responsibility), or
delay any mans cause for any corrupt motive or
interest (Rule 1.03).
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