Professional Documents
Culture Documents
Facts:
Leslie Ui filed an administrative case for disbarment against Atty. Iris Bonifacio on
grounds of immoral conduct. Atty. Bonifacio allegedly is having an illicit
relationship with Carlos Ui, husband of Leslie Ui, whom they begot two children.
According to petitioner, Carlos Ui admitted to him about the relationship between
them and Atty. Bonifacio. This led Leslie Ui to confront said respondent to stop
their illicit affair but of to no avail. According however to respondent, she is
a victim in the situation. When respondent met Carlos Ui, she had
known him to be a bachelor but with children to an estranged Chinese
woman who is already in Amoy, China. Moreover, the two got married
in Hawaii, USA therefore legalizing their relationship. When respondent knew of
the real status of Carlos Ui, she stopped their relationship. Respondent further
claims that she and Carlos Ui never lived together as the latter lived with his
children to allow them to gradually accept the situation. Respondent however
presented a misrepresented copy of her marriage contract.
Issue:
Did the respondent conduct herself in an immoral manner for which she deserves
to be barred from the practice of law?
Ruling:
NO. The practice of law is a privilege. A bar candidate does not have the right to
enjoy the practice of the legal profession simply by passing the bar examinations.
It is a privilege that can be revoked, subject to the mandate of due process, once
a lawyer violates his oath and the dictates of legal ethics. If good moral
character is a sine qua non for admission to the bar, then the continued
possession of good moral character is also requisite for retaining membership in
the legal profession.
Membership in the bar may be terminated when a lawyer ceases to have good
moral character. A lawyer may be disbarred for “grossly immoral conduct or by
reason of his conviction of a crime involving moral turpitude”. A member of the
bar should have moral integrity in addition to professional probity.
A member of the Bar and officer of the court is not only required to refrain from
adulterous relationships . . . but must also so behave himself as to avoid
scandalizing the public by creating the belief that he is flouting those moral
standards.
Facts:
In recent years few controversial issues have aroused so much public interest
and concern as R.A. 972 popularly known as the “Bar Flunkers’ Act of 1953.”
Generally a candidate is deemed passed if he obtains a general ave of 75% in all
subjects w/o falling below 50% in any subject, although for the past few exams
the passing grades were changed depending on the strictness of the correcting
of the bar examinations (1946- 72%, 1947- 69%, 1948- 70% 1949-74%, 1950-
1953 – 75%).
Republic Act 972 has for its object, according to its author, to admit to the Bar
those candidates who suffered from insufficiency of reading materials and
inadequate preparations. By and large, the law is contrary to public interest since
it qualifies 1,094 law graduates who had inadequate preparation for the practice
of law profession, as evidenced by their failure in the exams.
Issues:
Due to the far reaching effects that this law would have on the legal profession
and the administration of justice, the S.C. would seek to know if it is
CONSTITUTIONAL.
An adequate legal preparation is one of the vital requisites for the practice of
the law that should be developed constantly and maintained firmly.
The Judicial system from which ours has been derived, the act of admitting,
suspending, disbarring, and reinstating attorneys at law in the practice of the
profession is concededly judicial.
The Constitution, has not conferred on Congress and the S.C. equal
responsibilities concerning the admission to the practice of law. The primary
power and responsibility which the constitution recognizes continue to reside in
this court.
Its retroactivity is invalid in such a way, that what the law seeks to “cure” are not
the rules set in place by the S.C. but the lack of will or the defect in judgment of
the court, and this power is not included in the power granted by the Const. to
Congress, it lies exclusively w/in the judiciary.
Ruling:
1. That the portion of art. 1 of R.A. 972 referring to the examinations of 1946 to
1952 and all of art. 2 of the said law are unconstitutional and therefore void and
w/o force and effect.
2. The part of ART 1 that refers to the examinations subsequent to the approval
of the law (1953- 1955) is valid and shall continue in force. (those petitions by the
candidates who failed the bar from 1946 to 1952 are denied, and all the
candidates who in the examination of 1953 obtained a GEN Ave. of 71.5% w/o
getting a grade of below 50% in any subject are considered as having passed
whether they have filed petitions for admissions or not.)
Facts:
On October 14, 2002, Atty. Froilan R. Melendrez (Melendrez) filed with the Office
of the Bar Confidant (OBC) a Petition to disqualify Haron S. Meling (Meling) from
taking the 2002 Bar Examinations and to impose on him the appropriate
disciplinary penalty as a member of the Philippine Shari’a Bar.
In the Petition, Melendrez alleges that Meling did not disclose in his Petition to
take the 2002 Bar Examinations that he has three (3) pending criminal cases
before the Municipal Trial Court in Cities (MTCC), Cotabato City, namely:
Criminal Cases Noa. 15685 and 15686, both for Grave Oral Defamation, and
Criminal Case No. 15687 for Less Serious Physical Injuries.
The above-mentioned cases arose from an incident which occurred on May 21,
2001, when Meling allegedly uttered defamatory words against Melendrez and
his wife in front of media practitioners and other people. Meling also purportedly
attacked and hit the face of Melendrez’ wife causing the injuries to the latter.
Pursuant to this Court’s Resolution dated December 3, 2002, Meling filed his
Answer with the OBC.
In his Answer, Meling explains that he did not disclose the criminal cases filed
against him by Melendrez because retired Judge Corocoy Moson, their former
professor, advised him to settle his misunderstanding with Melendrez. Believing
in good faith that the case would be settled because the said Judge has moral
ascendancy over them, he being their former professor in the College of Law,
Meling considered the three cases that actually arose from a single incident and
involving the same parties as “closed and terminated.” Moreover, Meling denies
the charges and adds that the acts complained of do not involve moral turpitude.
As regards the use of the title “Attorney,” Meling admits that some of his
communications really contained the word “Attorney” as they were, according to
him, typed by the office clerk.
In its Report and Recommendation dated December 8, 2003, the OBC disposed
of the charge of non-disclosure against Meling in this wise:
The reasons of Meling in not disclosing the criminal cases filed against him in his
petition to take the Bar Examinations are ludicrous. He should have known that
only the court of competent jurisdiction can dismiss cases, not a retired judge nor
a law professor. In fact, the cases filed against Meling are still pending.
Furthermore, granting arguendo that these cases were already dismissed, he is
still required to disclose the same for the Court to ascertain his good moral
character. Petitions to take the Bar Examinations are made under oath, and
should not be taken lightly by an applicant.
Issue:
WON the imposition of appropriate sanctions upon Haron S. Meling is proper and
shall subsequently barred him from taking his lawyer’s oath and signing on the
Roll of Attorneys
Ruling:
Rationale:
Practice of law, whether under the regular or the Shari’a Court, is not a matter of
right but merely a privilege bestowed upon individuals who are not only learned
in the law but who are also known to possess good moral character. The
requirement of good moral character is not only a condition precedent to
admission to the practice of law, its continued possession is also essential for
remaining in the practice of law.
Facts:
Issue:
Ruling:
Facts:
Atty. Homobono t. Cezar entered into a Deed of Assignment for the price of
P1.5M in favor of Marili C. Ronquillo, a Filipino citizen residing in Cannes, France
his rights and interests over a townhouse unit and lot and obligated himself to
deliver to complainants a copy of the Contract to Sell he executed with Crown
Asia, the townhouse developer Respondent received P750,000.00 upon
execution of the Deed of Assignment and was able to encash the first check of
P187,500.00
Issue:
Ruling:
Under Section 27, Rule 138 of the Revised Rules of Court, a member of the Bar
may be disbarred or suspended on any of the following grounds: (1) deceit; (2)
malpractice or other gross misconduct in office; (3) grossly immoral conduct; (4)
conviction of a crime involving moral turpitude; (5) violation of the lawyer’s oath;
(6) willful disobedience of any lawful order of a superior court; and (7) willfully
appearing as an attorney for a party without authority.
Facts:
Issue:
WON the CA erred in denying the petitioners prayer due to their ―inexcusable
delay.
Ruling:
For the benefit of the bench and bar, worth repeating is the CA's reminder to
petitioners' counsel of his duty to his client and to the court:
Facts:
On May 10, 1992, at around 12:00 o'clock midnight, Eduardo Edem was driving a
"Luring Taxi" along Ortigas Avenue, near Rosario, Pasig, going towards Cainta.
Prior to the collision, the taxicab was parked along the right side of Ortigas
Avenue, not far from the Rosario Bridge, to unload a passenger. Thereafter, the
driver executed a U-turn to traverse the same road, going to the direction of
EDSA. At this point, the Nissan Pathfinder traveling along the same road going to
the direction of Cainta collided with the taxicab. The taxicab was then dragged
into the nearby Question Tailoring Shop, thus, causing damage to the said
tailoring shop, and its driver, Eduardo Eden, sustained injuries as a result of the
incident. Private respondent, as owner of the taxi, filed a damage suit against
petitioner, Thermochem Incorporated, as the owner of the Nissan Pathfinder, and
Issue:
Ruling:
The Supreme Court held that the driver of the oncoming Nissan Pathfinder
vehicle was liable and the driver of the U-turning taxicab was contributorily liable.
Contrary to petitioners' contention, the fact that a party had no opportunity to
avoid the collision is of his own making and this should not relieve him of liability.
The driver of the taxi is contributorily liable. U-turns are not generally advisable
particularly on major streets. The taxi was hit on its side which means that it had
not yet fully made a turn to the other lane. The driver of the taxi ought to have
known that vehicles coming from the Rosario bridge are on a downhill slope.
Obviously, there was lack of foresight on his part, making him contributorily liable.
Most public utility drivers disregard signs and traffic rules especially during the
night when traffic enforcers manning the streets disappear with the light. In
driving vehicles, the primary concern should be the safety not only of the driver or
his passengers, but also his fellow motorists.
Facts:
The respondent denied all the material allegations of the complaint, and as a
special defense averred that the allegations therein do not constitute grounds for
disbarment or suspension under section 25, Rule 127 of the former Rules of
Court.
Issue:
Ruling:
YES. One of the requirements for all applicants for admission to the Bar is that
the applicant must produce before the Supreme Court satisfactory evidence of
good moral character (Section 2, Rule 138 of the Rules of Court). It is essential
during the continuance of the practice and the exercise of the privilege to
maintain good moral character. When his integrity is challenged by evidence, it is
not enough that he denies the charges against him; he must meet the issue and
overcome the evidence for the relator and show proofs that he still maintains the
highest degree of morality and integrity, which at all times is expected of him.
With respect to the special defense raised by the respondent in his answer to the
charges of the complainant that the allegations in the complaint do not fall under
any of the grounds for disbarment or suspension of a member of the Bar as
enumerated in section 25 of Rule 127 of the (old) Rules of Court, it is already a
settled rule that the statutory enumeration of the grounds for disbarment or
suspension is not to be taken as a limitation on the general power of courts to
suspend or disbar a lawyer. The inherent powers of the court over its officers
cannot be restricted. Times without number, our Supreme Court held that an
attorney will be removed not only for malpractice and dishonesty in his
profession, but also for gross misconduct, which shows him to be unfit for the
office and unworthy of the privileges which his license and the law confer upon
him. Section 27, Rule 138 of the Rules of court states that:
A member of the bar may be removed or suspended from his office as attorney
by the 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 admission to practice, or for a wilfull disobedience of any lawful order
of a superior court, or for corruptly or wilfully appearing as an attorney for a party
to a case without authority so to do. The practice of soliciting cases at law for the
purpose of gain, either personally or through paid agents or brokers, constitutes
malpractice.
The lawyer should aid in guarding the bar against the admission to the profession
of candidates unfit or unqualified because deficient in either moral character or
education. He should strive at all times to uphold the honor and to maintain the
dignity of the profession and to improve not only the law but the administration of
justice.
Facts:
Respondent Fe T. Tuanda, a member of the Philippine Bar, asks this Court to lift
the suspension from the practice of law imposed upon her by a decision of
the Court of Appeals. In 1983, Atty. Fe Tuanda received from one Herminia A.
Marquez several pieces of jewelry with a total value of P36,000 for sale on
commission basis. In 1984, instead of returning the unsold pieces of jewelry
worth P26,250, she issued 3 checks. These checks were dishonored by the
drawee bank, Traders Royal Bank, for insufficiency of funds. Notwithstanding
receipt of the notice of dishonor, Tuanda made no effort to settle her
obligation. Criminal cases were filed, wherein she was acquitted of estafa but
was found guilty of violation of BP 22 (The Anti-Bouncing CheckLaw). The
appellate court affirmed the decision of the trial court and imposed further
suspension against Tuanda in the practice of law, on the ground that the offense
involves moral turpitude. Tuanda is now appealing to the Supreme Court for her
suspension to be lifted arguing that her suspension was a penalty so harsh on
top of the fines imposed to her in violation of the aforementioned law. Arguing
further that she intends no damage to the plaintiff-appellee (Herminia A.
Marquez)and she is not guilty of the offense charged.
Issue:
Ruling:
Facts:
Ernesto Araneta issued two checks to Elena Moreno for his indebtedness which
amounts to P11, 000.00, the checks were dishonored. It was dishonored
because the account against which is drawn is closed. Thereafter the case was
Issue:
Ruling:
The Court held that the act of a person in issuing a check knowing at the time
of the issuance that he or she does not have sufficient funds in, or credit with,
the drawee bank for the payment of the check in full upon its presentment, is a
manifestation of moral turpitude. In Co v. Bernardino and Lao v. Medel, we held
that for issuing worthless checks, a lawyer may be sanctioned with one year’s
suspension from the practice of law, or a suspension of six months upon partial
payment of the obligation. In the instant case, however, herein respondent has,
apparently been found guilty by final judgment of estafa thru falsification of a
commercial document, a crime involving moral turpitude, for which he has been
indefinitely suspended. Considering that he had previously committed a
similarly fraudulent act, and that this case likewise involves moral turpitude, we
are constrained to impose a more severe penalty. In fact, we have long held
that disbarment is the appropriate penalty for conviction by final judgment of a
crime involving moral turpitude. As we said in In The Matter of Disbarment
Proceedings v. Narciso N. Jaramillo, “the review of respondent's conviction no
longer rests upon us. The judgment not only has become final but has been
executed. No elaborate argument is necessary to hold the respondent unworthy
of the privilege bestowed on him as a member of the bar. Suffice it to say that,
by his conviction, the respondent has proved himself unfit to protect the
administration of justice.”
Facts:
Issues:
1. Is petitioner entitled to exemption from payment of his dues during the time
that he was inactive in the practice of law that is, when he was in the Civil
Service from 1962-1986 and he was working abroad from 1986-2003?
Ruling:
2. No. Whether the practice of law is a property right, in the sense of its being
one that entitles the holder of a license to practice a profession, we do not here
pause to consider at length, as it [is] clear that under the police power of the
State, and under the necessary powers granted to the Court to perpetuate its
existence, the respondents right to practice law before the courts of this country
should be and is a matter subject to regulation and inquiry. And, if the power to
impose the fee as a regulatory measure is recognize[d], then a penalty
designed to enforce its payment, which penalty may be avoided altogether by
payment, is not void as unreasonable or arbitrary.
But we must here emphasize that the practice of law is not a property right but
a mere privilege, and as such must bow to the inherent regulatory power of
Facts:
Issue:
Whether or not the court may compel Atty. Edillion to pay his membership fee to
the IBP.
Ruling:
Facts:
Ruling:
Rule 18.03 provides that ―a lawyer shall not neglect a legal matter entrusted to
him and his negligence in connection therewith shall render him liable.
Once lawyers agree to take up the cause of a client, they owe fidelity to the
cause and must always be mindful of the trust and confidence reposed in them.
A client is entitled to the benefit of any and every remedy and defense
authorized by law, and is expected to rely on the lawyer to assert every such
remedy or defense.
Since he effectively waived his right to be heard, the Court can only assume
that there was no valid reason for his failure to file a petition for review, and that
he was therefore negligent.
Under the present factual circumstances, respondent should return the money
paid by complainants.
Facts:
This is an administrative proceeding against Victorio Lanueva who was the Bar
Confidant during the 1971 Bar Examination emanating from the revelation of
one Oscar Landicho, a bar examinee of the same bar exam, in his confidential
letter that the result of the bar exam of one of the bar examinee later identified
as Ramon Galang was raised before the result was released to make him pass
the bar. Acting upon said letter, the court called the 5 bar examiners and the
Issues:
WON Lanuevo has the authority to ask bar examiners to re-evaluate and re-
correct the examination result of a bar candidate.
Ruling:
The court ruled that it is evident that Lanuevo has deceptively staged a plot to
convince each examiner individually to re-evaluate the grades of Galang in
order to help him pass the bar without prior authorization of the Court. His duty
as a Bar Confident is limited only as a custodian of the examination notebooks
after they are corrected by the examiners where he is tasked to tally the
general average of the bar candidate. All requests for re-evaluation of grades
from the bar exam shall be made by the candidate themselves. With the facts
fully established that Lanuevo initiated the re-evaluation of the exam answers of
Galang without the authority of the Court, he has breached the trust and
confidence given to him by the court and was disbarred with his name stricken
out from the rolls of attorneys. Galang was likewise disbarred for fraudulently
concealing the criminal charges against him in his application for the bar exam
while under oath constituting perjury. The court believed that the 5 bar
examiners acted in good faith and thereby absolved from the case but
reminded to perform their duties with due care.
Facts:
Atty. Victor V. Deciembre was given five blank checks by Spouses Olbes for
security of a loan. After the loan was paid and a receipt issued, Atty. Deciembre
filled up four of the five checks for P50, 000 with different maturity date. All
Issue:
Whether or not the suspension of Atty. Deciembre was in accord with his fault.
Ruling:
Facts:
Issue:
Whether or not the acts of Arquillo merits his suspension from the practice of
law.
Ruling:
Facts:
Issue:
Whether or not Atty. Sorreda can be held guilty of contempt due to the remarks
he has made in his letters addressed to the court.
Ruling:
Facts:
Issue:
Ruling:
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 the parties’
representatives 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. In assailing the legality of the
Compromise Agreement, he claims good faith. He maintains that he should not
be faulted for raising an allegedly valid defense to protect his client’s interests.
The records show, however, that his actions bear hallmarks of dishonesty and
doublespeak. Atty. Reyes is one of negotiating panel in the compromise
agreement. He impressed upon the parties and the trial judge that his clients
were bound to the Compromise Agreement. Then, suddenly and conveniently,
he repudiated it by falsely alleging that one of his clients had never signed it.
True, lawyers are obliged to present every available remedy or defense to
Facts:
Ferrer obtained the services of Atty. Tebelin in a case against Global Link as a
result of a vehicular accident through the falut of Global Link’s driver. Ferrer
paid Atty. Tebelin P5, 000.00 as acceptance fee and gave him all pertinent
documents. However, Ferrer filed an administrative case against Atty. Tebelin
alleging that the said lawyer abandoned his case. However, Atty. Tebelin
expressed his willingness to return the money and denied having abandoned
the case. However, during the proceedings, herein Ferrer died. Atty. Tebelin
was nowhere to be found in his given address.
Issue:
Whether or not Atty. Tebellin may still be held liable despite the death of the
complainant.
Ruling:
The court held that Atty. Tebelin may still be held liable despite the death of the
complainant. The death of a complainant in an administrative case
notwithstanding, the case may still proceed and be resolved. As in the case
of Tudtud v. Colifores, the court ruled that “The death of the complainant herein
does not warrant the non-pursuance of the charges against respondent Judge.
In administrative cases against public officers and employees, the complainants
are, in a real sense, only witnesses. Hence, the unilateral decision of a
complainant to withdraw from an administrative complaint, or even his death, as
in the case at bar, does not prevent the Court from imposing sanctions upon the
parties subject to its administrative supervision.” This Court also finds
respondent, for ignoring the notices of hearing sent to him at his address which
he himself furnished, or to notify the IBP-CBD his new address if indeed he had
moved out of his given address. His actuation betrays his lack of courtesy, his
irresponsibility as a lawyer. This Court faults respondent too for welting on his
manifestation-undertaking to return the P5,000.00, not to mention the
Facts:
Issue:
Ruling:
Facts:
Issue:
Ruling:
Facts:
Issue:
Ruling:
Facts:
Issue:
Whether or not respondent has exercised due diligence for the protection of the
client’s interests.
Ruling:
Facts:
Issue:
WON respondent has committed gross misconduct arising from the following
alleged acts:
1. Engaging in the private practice of his profession while being a government
employee;
2. Falsifying his Daily Time Records;
3. Issuing unauthorized orders; and
4. Continuously engaging in private practice even after the filing of case against
him for engaging in private practice.
Ruling:
Facts:
Disbarment was filed against Atty. Lauro Tapucar by his wife on grounds for
gross immoral conduct for cohabiting with a certain Elena (Helen) Peña under
scandalous circumstances. Prior to the disbarment case, an administrative
case was filed against Atty. Tapucar in connection with his co-habitation in
which he was penalized with 6 months suspension without pay. He continued
the illicit affair that gave rise to another charge against him on grounds for
conduct unbecoming for a court officer and gross immoral conduct which
caused his dismissal and separation from the service as a judge. He continued
his cohabitation that born 2 children and he eventually marry the paramour in
the subsistence of his previous marriage and completely abandoned his real
family. The wife migrated in the States but was receiving complaints from their
children left in the Philippines who are humiliated with said act of Atty, Tapucar.
This caused the wife to institute a disbarment case to shield their daughter with
her daughter-lawyer representing her case. The IBP commissioner
recommended the disbarment of Atty. Tapucar.
Ruling:
The court held that it is a settled rule that good moral character is a precedent
condition for admission in the legal profession and must be remain intact to
maintain one’s good standing as member in the Bar. The facts showed that
despite previous sanction to Atty. Tapucar, he continued his illicit affair and he
even showed arrogance in the face of charges against him in the presence of
the IBP commission. Thus, he was disbarred and his name was stricken out
from the rolls of attorneys.
Facts:
This is a matter for admission to the bar and oath taking of a successful bar
Issue:
Ruling:
The court upheld the principle of maintaining the good morals of all Bar
members, keeping in mind that such is of greater importance so far as the
general public and the proper administration of justice are concerned, than the
possession of legal learning. Hence he was asked by the court to produce
evidence that would certify that he has reformed and have become a
responsible member of the community through sworn statements of individuals
who have a good reputation for truth and who have actually known Mr. Argosino
for a significant period of time to certify he is morally fit to the admission of the
law profession. The court also ordered that said a copy of the proceeding be
furnished to the family/relatives of Raul Camaligan.
Facts:
Vicente Ching is born from a Filipino mother and a father of Chinese national
on April 11, 1964. He took the bar exam subject upon submission of proof of his
Phil. Citizenship. He passed the bar at the age of 35 years old. There was a
question regarding his citizenship therefore he was not allowed to take oath.
The Solicitor General was asked to give comment on the case at bar.
Issue:
WON Ching can be admitted to take oath in consideration of the status of his
citizenship.
Ruling:
Facts:
Petitioner files a motion for reconsideration after the court allows respondent to
finally take oath and practice the law profession after considering his plea for
forgiveness and showing willingness to reform along with testimonials attesting
to his good moral character among which is a testimonial by the IBP
Zamboanga. Petitioners contend that such testimonial was only signed by its
President, a counsel for the in-laws of Sabandal, without the authorization of
the IBP Board members. The court allowed the IBP to manifest testimony to
certify as to the good moral character of the respondent and asked for a
comment from the RTC Judge in Zamboanga. Members of the IBP manifested
that they see no impediments as to the moral character of Sabandal while the
RTC Judge informed the court of the civil case against the respondent
concerning the mortgaged land which he secured for a free patent which turned
out to be a swampland and not susceptible for acquisition for a free patent. The
civil case however was settled amicably and the respondent was not charged of
any crime. Subsequently, Tan already forgave the respondent and withdrew her
opposition for the taking of oath of office of the respondent while the other 2
petitioners leave upon the court to decide.
Issue:
Ruling:
The court ruled that in the development of the case, they find Sabandal to have
concealed the civil case brought against him in the course of his series of
petitions to be allowed to take oath together with the testimonies attesting to his
Facts:
One afternoon, the respondent called up the complainant to report to his room.
Because of the news about the respondent’s reputation of sexual harassment,
complainant had been cautious in entering the room of the respondent making
sure that all exits from the room are all open. Inside the room, respondent gave
a poem to the complainant showing his affection to the complainant which the
complainant was offended for the poem expresses of sexual desires of the
respondent towards the complainant. Out of disgust, complainant quickly tried
to exit the room but was locked and then the respondent came behind her then
kissed her and almost raped her. Thus, came this complaint against the
respondent.
Issue:
Ruling:
The Court held, the integrity of the Judiciary rests not only upon the fact that it
is able to administer justice but also upon the perception and confidence of the
community that the people who run the system have done justice. At times, the
strict manner by which we apply the law may, in fact, do justice but may not
necessarily create confidence among the people that justice, indeed, is served.
Hence, in order to create such confidence, the people who run the judiciary,
particularly judges and justices, must not only be proficient in both the
substantive and procedural aspects of the law, but more importantly, they must
The Court has adhered and set forth the exacting standards of morality and
decency which every member of the judiciary must observe. A magistrate is
judged not only by his official acts but also by his private morals, to the extent
that such private morals are externalized. He should not only possess
proficiency in law but should likewise possess moral integrity for the people
look up to him as a virtuous and upright man.
The Court also stressed that, all trial judges should endeavor to conduct
themselves strictly in accordance with the mandate of existing laws and the
Code of Judicial Ethics that they be exemplars in the communities and the
living personification of justice and the Rule of Law.
Facts:
In the instant administrative complaint, filed with the Office of the Court
Administrator (OCA), complainant Dela Cruz alleges that respondent judge
committed falsification when she issued the order dated August 28, 1995
deferring the hearing of Sp. Proc. Case No. 0743-T until further orders. In her
order, she stated that a "Petition by Appeal on Certiorari" was filed with this
Court by Nena Ocaña and Nelson Cuaresma questioning her (respondent
Issue:
Ruling:
The Court held, pursuant to this Court Administrative Circular No. 7-A-92, as
amended, a judge may order that a civil case be archived only in the following
instances:
"a) When the parties are in the process of settlement, in which case the
proceedings may be suspended and the case archived for a period not
exceeding ninety (90) days. The case shall be included in the trial calendar on
the day immediately following the lapse of the suspension period.
b) When an interlocutory order or incident in the civil case is elevated to, and is
pending resolution/decision for an indefinite period before a higher court which
has issued a temporary restraining order or writ of preliminary injunction.
c) When defendant, without fault or neglect of plaintiff, cannot be served with
summons within six (6) months from issuance of original summons."
By issuing the said orders, respondent judge was negligent in her duties,
tantamount to inefficiency, which, in turn, caused the undue delay in the
disposition of complainant's election protest. Her conduct violates Section
17(1), Rule 35 of the COMELEC Rules of Procedure which provides:
"The court shall decide the election contest within thirty (30) days from the date
it is submitted for decision, but in every case within six (6) months after its filing,
and shall declare who among the parties has been elected, or in a proper case,
that none of them has been legally elected. The party who in the judgment has
The period that complainant's protest was dormant can be reckoned from
August 28, 1995, when respondent judge issued her order postponing the
hearing of the election protest, up to February 8, 1996, when she ordered that
the records be retrieved from the archives and that the election protest be
revived.
Clearly, the hearing of the election protest was delayed for almost six months,
all because of respondent judge's negligence in the performance of her duties
which bears on her efficiency.
Canon 3 of the Code of Judicial Conduct mandates, among others, that a judge
should perform his official duties with DILIGENCE. The same Canon
specifically provides that a judge should maintain professional competence and
decide cases within the required periods.
This Court has ruled that inefficient judges are equally impermissible in the
judiciary as the incompetent and dishonest ones. Any of them tarnishes the
image of the judiciary or brings it to public contempt, dishonor or disrespect and
must then be administratively dealt with and punished accordingly.
All told, this Court views the conduct of respondent judge improper and
censurable. She should have remembered that she is presumed to be
conscious of her duties under the Code of Judicial Conduct. Indeed, as a
member of the Bench, she should be the embodiment of competence and
assiduousness in her responsibilities. Unfortunately, respondent judge failed to
live up to this standard. By issuing the orders in question, she evidently
manifested inefficiency and overtly transgressed basic mandatory rules
adopted to assure the expeditious resolution of cases.
Facts:
The complaint alleged that Lucila Tan was the private complainant in Criminal
Case No. 59440 and Criminal Case No. 66120, both entitled People of the
Philippines vs. Alfonso Pe Sy and pending before Branch 58, Metropolitan Trial
Court of San Juan, Metro Manila, then presided by respondent judge. Before
the cases were decided, respondent judge allegedly sent a member of his staff
to talk to complainant. They met at Sangkalan Restaurant along Scout Albano,
near Timog Avenue in Quezon City. The staff member told her that respondent
was asking for P150,000.00 in exchange for the non-dismissal of the cases.
Issue:
Ruling:
Respondent’s act of sending a member of his staff to talk with complainant and
show copies of his draft decisions, and his act of meeting with litigants outside
the office premises beyond office hours violate the standard of judicial conduct
required to be observed by members of the Bench. They constitute gross
misconduct which is punishable under Rule 140 of the Revised Rules of Court.
Facts:
Based on Bulataos report, the NBI set out to entrap Salvador and respondent
judge. The NBI gave Bulatao 12 pieces of P500.00 marked bills amounting to
P6,000.00, which the latter would give to Salvador and respondent the next
day.
Issue:
Ruling:
In this case, the acts of the respondent judge were clearly improper as he
facilitated, if not participated in, the obviously unauthorized/illegal transaction
between the two (2) police officers and the accused Renato Bulatao for the
settlement/dismissal of the latter's criminal case, in consideration of a sum of
money, particularly since the offense charged against Bulatao is a grievous one
and that it is one which is not allowed by law to be compromised.
Canon 2 of the Code of Judicial Conduct enjoins judges to avoid not only
impropriety but even the appearance of impropriety in all their conduct. This
includes not taking an undue interest in the settlement of criminal cases
pending before them as this may compromise the integrity and impartiality of
their office. As the visible representation of the law and of justice, their conduct
must be above reproach and suspicion. By acting as an accomplice to P/Sr.
Inspector Salvador, respondent judge violated not only the law but also the
Code of Judicial Conduct.
Facts:
The OCA observed that the controversies between the parties were replete with
substantial factual issues, and so it recommended a formal administrative
inquiry. As a result of the inquiry they found that Judge Dilag is liable for: (1)
"gross misconduct constituting violations of the Code of Judicial Conduct" for
signing conflicting decisions in the Pancho, Tomboc, and Del Rosario cases; (2)
"gross ignorance of the law and procedure" in handling Joyce Moreno v. Alvin
Moreno and Eliodoro Perez v. Adelita Perez; and (3) "gross negligence and
inefficiency" for failing to administer proper supervision over his staff when a
fake registry return receipt was effected in Cayabyab v. Cayabyab and entries
of judgment were effected in Joyce Moreno v. Alvin Moreno, Angelito and
Yolanda Roldan, and Dinoso v. Corpuz. The Investigating Justice also found
Pascua guilty of the administrative charges of graft and corruption.
Issue:
Ruling:
In the case at bar, there was no allegation whatsoever that respondent judge
was motivated by bad faith, malice or corruption when he issued the premature
warrant of arrest. Be that as it may, however, we hold him administratively liable
for his unfamiliarity with the rules on the conduct of preliminary investigations.
We have always exhorted judges to be conversant with basic legal norms and
precepts as well as with statutes and procedural rules. They are expected to
follow developments in the law and to apply them. Having accepted the exalted
position of a judge, whereby he judges his fellowmen, the judge owes it to the
public who depend on him, and to the dignity of the court he sits in, to be
proficient in the law. Thus, the Code of Judicial Conduct requires a judge to be
faithful to the law and be the embodiment of professional competence.
Facts:
The instant administrative case stemmed from a complaint for rape filed by
herein complainant Mary Jane Vallentos Jamin (Jamin, for short) against Judge
In his counter-affidavit dated April 21, 2005, respondent judge denied the
charge of rape and described the filing thereof as a malicious attempt by some
people who had been harassing him to destroy his reputation and image as a
judge. While not denying his presence at the videoke bar on the night of March
29, 2005, respondent judge explained that he went to the place not to drink or
sing, "but only to see the interior lay-out of the newly constructed bar" owned by
his junior process server and the latter’s wife. He admitted, however, having
teased and hugged both Jamin and Ybañez, but in the spirit of fun.
The OCA would later submit a supplemental Report dated October 23, 2006 to
inform the Court that the complainant personally came to the office of Senior
Deputy Court Administrator Zenaida N. Elepaño to report, under oath, the threat
made by the driver of Judge de Castro, a certain "Awe" Tubig, should she
pursue the rape case against the respondent judge which may ultimately result
in the denial of his retirement benefits. The OCA also informed the Court that
the complainant, when asked, confirmed the veracity of the allegations in her
affidavit-complaint filed against the respondent judge with the Bohol Provincial
Prosecutor’s Office.
Issue:
Ruling:
Time and again, the Court has adhered to the exacting standards of morality
and decency which every member of the judiciary is expected to observe. As a
dispenser of justice, a magistrate is judged not only by his official acts but also
by his private morals, to the extent that such private morals are externalized.
The Code of Judicial Ethics mandates that the conduct of a judge must be free
of a whiff of impropriety not only with respect to his performance of his judicial
duties but also to his behavior outside his sala and as a private individual.
There is no dichotomy of morality; a public official is also judged by his private
morals. The Code dictates that a judge, in order to promote public confidence in
the integrity and impartiality of the judiciary, must behave with propriety at all
times … a judge’s official life cannot simply be detached or separated from his
personal existence. Thus:
Being the subject of constant public scrutiny, a judge should freely and willingly
accept restrictions on conduct that might be viewed as burdensome by the
ordinary citizen.
A judge should personify integrity and exemplify honest public service. The
personal behavior of a judge, both in the performance of his official duties and
in private life should be above suspicion.
On the whole, all roads logically lead to the conclusion that the respondent
judge has indeed failed to behave in such a way that will promote confidence
and respect for the judiciary. He deported himself in a manner most
unbecoming a judge as a model of moral uprightness. We need not repeat the
narration of the lustful acts committed by him, in order to conclude that he is
indeed unworthy to remain in office. The audacity under which the same were
committed and the seeming impunity with which they were perpetrated shock
one’s sense of morality.
Facts:
Issue:
Ruling:
Besides possessing the requisite learning in the law, a magistrate must exhibit
that hallmark of judicial temperament of utmost sobriety and self-restraint which
are indispensable qualities of every judge. Respondent judge himself has
characterized this incident as a "petty disturbance" and he should not have
allowed himself to be annoyed to a point that he would even waste valuable
court time and resources on a trivial matter.
Considering that this is not the first time that respondent judge committed the
same offense and in Nuñez, which had similar factual antecedents as the case
at bar, the Court already saw fit to impose upon him a fine in the amount of
P40,000.00, it is proper to impose on him the same penalty in this case.
36. A.M. No. RTJ-09-2183 July 7, 2009 [formerly A.M. OCA IPI No. 05-2346-
RTJ]
CONCERNED LAWYERS OF BULACAN v PRESIDING JUDGE VICTORIA
VILLALON-PORNILLOS, RTC, BRANCH 10, MALOLOS CITY, BULACAN
Facts:
The OCA conducted an investigation and found out that petitioner is not guilty
of all charges against her except the last charge and additional violation of the
code of borrowing money from lawyers and assigning a non-lawyer as ex-parte.
Issue:
Ruling:
The Court held, Judges are mandated to "perform all judicial duties, including
the delivery of reserved decisions, efficiently, fairly and with reasonable
promptness." Prompt disposition of the court’s business is attained through
proper and efficient court management, and a judge is remiss in his duty as
court manager if he fails to adopt a system of record management.
Respondent defied the duties to "dispose of the court’s business promptly and
decide cases within the required periods," to "diligently discharge administrative
responsibilities, maintain professional competence in court management, and
facilitate the performance of the administrative functions of other judges and
court personnel," and to "organize and supervise the court personnel to ensure
the prompt and efficient dispatch of business, and require at all times the
observance of high standards of public service and fidelity."
A judge being expected to keep his own record of cases so that he may act on
them promptly without undue delay, it is incumbent upon him to devise an
efficient recording and filing system in his court so that no disorderliness can
affect the flow of cases and their speedy disposition. Proper and efficient court
management is as much his responsibility. As the judge is the one directly
responsible for the proper discharge of official functions, he/she is charged with
exercising extra care in ensuring that the records of the cases and official
documents in his/her custody are intact. Hence, the necessity of adopting a
system of record management and of organization of dockets in order to bolster
the prompt and efficient dispatch of business.
Facts:
The instant administrative case traces its roots from an unlawful detainer case
filed by Benjamin and Desmond T. Montemayor against Lolita Marco. The case
was raffled to Metropolitan Trial Court Judge, Hon. Juan O. Bermejo, Jr. (Judge
Bermejo), the respondent herein.
In the instant complaint, Dr. Montemayor asserts that the respondent Judge
failed to decide the case within the period provided under Section 11, Rule 70
of the 1997 Rules of Civil Procedure (Rules of Court) which is within 30 days.
He alleges that Judge Bermejo "did not bother to check defendant’s
preposterous claim that she received a copy of the Judgment only on
December 5, 2002, even if it was released more than forty-five (45) days earlier
on October 16, 2002." He stresses that even if the defendant received a copy
of the Judgment on December 5, 2002, still, Judge Bermejo should have
reckoned the period to appeal from the time the defendant’s counsel received a
copy of the Judgment and not when the defendant received it herself. What is
more, the registry return card showing the date the defendant’s counsel
received a copy of the Judgment was missing from the records.
Dr. Montemayor adds that the Order dated January 6, 2003 giving due course
to the defendant’s appeal and requiring the latter to post a supersedeas bond
within 10 days from receipt thereof was released by registered mail more than
one month later on February 11, 2003, and personal service thereof was made
on April 9, 2003, or more than three months after the issuance thereof. The
motive for the belated service was purportedly to give the defendant more time
to post a supersedeas bond. Dr. Montemayor also faults the respondent Judge
for granting the defendant’s Urgent Motion for Extension to post a supersedeas
bond in violation of Section 13, Rule 70 of the Rules of Court.
Dr. Montemayor also avers that Judge Bermejo prevented the transmittal of the
records of the case to the appellate court within 15 days from the perfection of
the appeal in violation of Section 6, Rule 40 of the Rules of Court. According to
him, it was only after the respondent Judge received the defendant’s
supersedeas bond that the former issued the Order dated May 5, 2003
directing the Branch Clerk of Court to transmit the records of the case to the
appellate court.
The respondent Judge maintains that he is not liable for delay in the rendition of
judgment. In essence, he argues that since the Order deeming the case
submitted for resolution was issued on September 23, 2002, the rendition of
judgment on October 10, 2002 was made within the mandatory 30-day period.
Issue:
Ruling:
Section 11, Rule 70 of the Rules of Court provides a period of 30 days for the
court to render judgment in forcible entry and unlawful detainer cases. This
period shall be counted from the receipt of the affidavits and position papers, or
the expiration of the period for filing the same.
Clearly, the reckoning point from which the mandatory period for rendition of
judgment should be computed is the receipt of the last affidavits and position
papers of the parties, or the expiration of the period for filing the same, as
provided by the Rules, not from the issuance of the order by the judge deeming
the case submitted for resolution. The reckoning point is fixed by law, not by the
judge. A judge cannot by himself choose to prolong the period for deciding
cases beyond that authorized by the law.
The records do not reveal when the parties received Judge Bermejo’s Order
requiring them to submit their respective affidavits and position papers.
Facts:
Sometime in 1990, when respondent was about to retire from service talked to
Elisa that he is nearing his retirement and he needs a lot of money. Since sps.
Nazareno has a pending criminal case in the trial court of the respondent,
respondent asked for an amount of money and in one occasion asked for the
payment of the food of his staffs and friends’ Christmas party. The amount
being an estimate of P50,000.00 all in all.
Issue:
Ruling:
After a close and careful study of the records of the proceedings before
investigating Justice Conchita Carpio Morales, the Court finds sufficient
evidence to find respondent Judge Enrique M. Almario liable for gross
dishonesty and misconduct. His conduct undoubtedly is unbecoming a member
of the bench.
It has to be stressed once more to all who are sworn to render decisions in
actual controversies that a decision which correctly applies the law and
jurisprudence will nevertheless be subject to questions of impropriety when
rendered by a magistrate or tribunal believed to be less than impartial and
honest. It is thus the duty of members of the bench to avoid any impression of
impropriety to protect the image and integrity of the judiciary which in recent
times has been the object of criticism and controversy.
On the charge of having accepted P20,000.00 from the Nazareno spouses and
receiving cash in exchange for his salary check which he never gave to Mrs.
Nazareno, the Court agrees with the conclusions of Justice Morales that
complainant Elisa Nazareno had convincingly proven having given: a)
P10,000.00 to respondent judge on two (2) occasions and b) cash for
respondent's salary check. As correctly observed by Justice Morales, the
testimony of Mrs. Nazareno was undented even when subjected to an
extended cross examination by respondent judge.
In sum, the Court finds the charges of gross misconduct and conduct
unbecoming a judge as having been sufficiently substantiated. Judge Enrique
M. Almario deserves no less than the penalty of dismissal from the service.
However, based on the records of this case, respondent judge had already
compulsorily retired in July 1995. The proper penalty, therefore, in lieu of his
removal from office, is forfeiture of all his retirement benefits.
Ruling:
With respect to the charge that respondent judge left his chambers on the
afternoon of 19 February 2001 and that he delegated to acting clerk of court
Aida C. Lomugdang, who was not even a lawyer, the task of receiving evidence
for the parties, the pertinent rules of procedure indeed were obviously ignored.
“Sec. 9. Judge to receive evidence; delegation to clerk of court. --- The judge
of the court where the case is pending shall personally receive the evidence to
be adduced by the parties. However, in default or ex parte hearings, and in any
case where the parties agree in writing, the court may delegate the reception of
the evidence to its clerk of court who is a member of the bar. The clerk of court
shall have no power to rule on objections to any question or to the admission of
exhibits, which objections shall be resolved by the court upon submission of his
report and the transcripts within ten (10) days from termination of the hearing.”
WHEREFORE, the Court finds (a) respondent Judge Reinato G. Quilala guilty
for conduct unbecoming a judge and of violating Section 9, Rule 30, of the
Rules of Court, and he is hereby penalized with a fine of Ten Thousand
(P10,000.00) Pesos; (b) respondent acting clerk of court Aida C. Lomugdang
guilty of having acted in contravention with the rules on the reception by her,
albeit upon the directive of respondent judge, of evidence without herself being
a member of the bar, and she is hereby SEVERELY REPRIMANDED; and (c)
respondent stenographer Lilia N. Batu to have been remiss in her duty to
accurately reflect the circumstances surrounding the proceedings in the
Facts:
Respondent Judge was the wife whose aunt filed a case of illegal squatting
against complainant before the latter’s MCC trial court. Respondent then take
cognizance of the case and according to respondent conducted his preliminary
investigation then issued an arrest warrant against the complainant, thus, the
complainant was arrested and was detained. Complainant, after learning the
respondent is impartial due to his ties to the complainant against the
complainant, filed a motion to quash the criminal action instituted against the
complainant and due to inaction of the respondent to the motion to quash,
complainant filed complaint against the respondent for being impartial.
In his defense, he avers that upon know that he was related to the complainant
against Marfil, he set a hearing for an amicable settlement between parties then
he announced in court his motion to inhibit himself from the case.
Issue:
Whether or not respondent Judge violated the Canon 3 of the Code of Judicial
Ethics?
Ruling:
The Court held the complaint is meritorious. Paragraph 1, Section 1, Rule 137
of the Revised Rule of Court clearly provides, no judge or judicial officer shall
sit in any case in which he, or his wife or child, is peculiarily interested as heir,
legatee, creditor or otherwise, or in which he is related to either party within the
sixth degree of consanguinity or affinity, or to counsel within the fourth degree,
computed according to the rules of the civil law, or in which he has been
executor, administrator, guardian, trustee or counsel, or in which he has
presided in any inferior court when his ruling or decision is the subject of
review, without the written consent of an parties in interest, signed by them and
entered upon the record.
It is an admitted fact that the aggrieved party in Criminal Case No. 449 is the
aunt of respondent's wife. However, notwithstanding such relationship and the
above-quoted prohibition, respondent took cognizance of the case, conducted
a preliminary examination, issued a warrant of arrest by virtue of which
complainant was detained and set the case for hearing on February 12, 1980.
These actuations of respondent Judge opened to question his ability to act with
the cold neutrality of an impartial Judge.