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Ui vs. Bonifacio
Facts: Lesli
Ui
an
administrative
complaint
for
Iris
attached
photocopy
of
a marriage
certificate that said that she and Carlos got married in 1985
but according to the certificate of marriage obtained from the
Hawaii State Department of Health, they were married in
1987.
cannot
be
considered
immoral.
Immorality
practice
of
law
is
privilege.
The
shameless,
bar candidate does not have the right to enjoy the practice
flagrant,
and
which
shows
moral
acts of malpractice.
inquiry.
HELD: In decreeing the bar candidates who obtained in the
bar examinations of 1946 to 1952, a general average of 70
FACTS:
suffered from:
the profession.
provides:
2
promulgate
rules
concerning
pleading,
practice,
and
public
interest
demands
of
legal
CANON 1
BOLIVAR VS SIMBOL
SORIANO V. DIZON
Facts:
A taxi driver (Soriano) filed an action for the
disbarment of Atty. Dizon, on the grounds that Dizon was
convicted of a crime involving moral turpitude, and violated
Canon 1 of Rule 1.01 of the Code of Professional
Responsibility.
Soriano allegedly fell victim to Dizon, who was found
to have:
a. Driven his car under the influence of liquor;
b. Reacted violently and attempted assault for over a
simple traffic incident;
c. Shot at Soriano, who was unarmed and not in the
position to defend himself (treachery);
d. Denied his acts despite positive evidence against him
(dishonesty);
(1) Yes.
Moral Turpitude is everything which is done contrary
to justice, modesty, or good morals
Dizon was obviously the aggressor for having
pursued and shot Soriano, not only because of his
treachery, but also his intent to escape, betrayed by his
attempt to wipe off his prints from the gun. His inordinate
reaction to a simple traffic incident clearly indicates his nonfitness to be a lawyer.
(2) Yes.
His illegal possession of fire-arms, and his unjust
refusal to satisfy his civil liabilities all justify disbarment. The
court reminds him that in oath and in the CPR, he is bound
to obey the laws of the land. The liabilities in question have
been sitting for 4 years, unsatisfied, despite it being the
condition for his probation (you ungrateful person!)
Dizon displayed an utter lack of good moral
character, which is an essential qualification for the privilege
to enter into the practice of law. Good moral character
includes at least common honesty.
8
behalf.
RESOLUTION
9
MALCOLM, J.:
The supplementary report on bar examination irregularities
of the fiscal of the City of Manila, dealing with the case of
Felipe del Rosario, has been laid before the court for
consideration and action. It is recommended by the city
fiscal that Felipe del Rosario be ordered to surrender his
certificate of attorney and that he be forever prohibited from
taking the bar examination. An answer to the report has
been permitted to be made, in which the court is asked to
disapprove the report and to direct the setting aside of the
suspension to practice law by the respondent, heretofore
ordered by the court.
Facts:
Issue:
Ans:
Yes
THE RULING OF THE COURT
The Court finds respondent liable for
violation of Canon 1 and Rule 1.02 of the
Code.
in
theMunicipal
Government to
build
a high
Dulalia
(Juan) filed
complaint
for
12
Cruz
invokes
good
faith,
CANON 2
Director of Religious Affairs vs. Bayot , 74 Phil. 579
HELD:
Cruzs claim that he was not aware that the Family Code
already took effect on August 3, 1988 as he was in the
United States from 1986 and stayed there until he came
back to the Philippines together with his second wife on
October 9, 1990 does not lie, as ignorance of the law
excuses no one from compliance therewith.
Immoral conduct which is proscribed under Rule 1.01 of the
Code of Professional Responsibility, as opposed to grossly
immoral conduct, connotes conduct that shows indifference
to the moral norms of society and the opinion of good and
respectable members of the community. Gross immoral
conduct on the other hand must be so corrupt and false as
to constitute a criminal act or so unprincipled as to be
reprehensible to a high degree.
It must be emphasized that the primary duty of lawyers is to
obey the laws of the land and promote respect for the law
and legal processes. This duty carries with it the obligation
to be well-informed of the existing laws and to keep abreast
Front
NICOMEDES TOLENTINO
LAW OFFFICE
CONSULTANCY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE
Fe Marie L. Labiano
Paralegal
1st MIJI Mansion, 2nd Flr. Rm. M-01
Tel: 362-7820
6th Ave., cor M.H. Del Pilar
Fax: (632) 362-7821
Grace Park, Caloocan City
Cel.: (0926) 2701719
Back
SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPATRIATED DUE TO ACCIDENT,
INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD.
14
or
not
Simbillo
violated
Rule2.03
&
HELD
Yes!
The practice of law is not a business --- it is a
profession in which the primary duty is public service and
money. Gaining livelihood is a secondary consideration
while duty to public service and administration of justice
should be primary. Lawyers should subordinate their primary
interest.
Worse, advertising himself as an annulment of
marriage specialist he erodes and undermines the sanctity
of an institution still considered as sacrosanct --- he in fact
encourages people otherwise disinclined to dissolve their
marriage bond.
Solicitation of business is not altogether proscribed
but for it to be proper it must be compatible with the dignity
of the legal profession. Note that the law list where the
lawyers name appears must be a reputable law list only for
that purpose --- a lawyer may not properly publish in a daily
paper, magazineetc., nor may a lawyer permit his name to
be published the contents of which are likely to deceive or
injure the public or the bar.
CANON 3
17
RATIO:
Ponente: AQUINO, J.
FACTS:
[R]espondent Vicente A. Torres, using the letterhead of
Baker & McKenzie, which contains the names of the ten
lawyers, asked a certain Rosie Clurman for the release of 87
shares of Cathay Products International, Inc. to H.E.
Gabriel, a client. Attorney Dacanay, in his reply dated
December 7, 1979, denied any liability of Clurman to
Gabriel. He requested that he be informed whether the
lawyer of Gabriel is Baker & McKenzie and if not, what is
your purpose in using the letterhead of another law office.
Not having received any reply, he filed the instant complaint.
As admitted by the respondents in their memorandum,
Baker & McKenzie is a professional partnership organized in
1949 in Chicago, Illinois with members and associates in 30
cities around the world. Respondents, aside from being
members of the Philippine bar, practicing under the firm
name of Guerrero & Torres, are members or associates of
Baker & McKenzie.
ISSUE:
Whether or not Baker & McKenzie, an alien law firm, could
practice law in the Philippines.
HELD:
NO. Respondents were enjoined from practicing law under
the firm name Baker & McKenzie.
2.
CANON 4 AND 5
De Roy and Ramos vs. CA [G.R. No. 80718
January 29, 1988]
Facts: The firewall of a burned-out building owned by
petitionerscollapsed and destroyed the tailoring shop
occupied by the family of private respondents,
resulting in injuries to private respondents and the
death of Marissa Bernal, a daughter. Private
respondents had been warned by petitioners to
vacate their shop in view of its proximity to the
weakened wall but the former failed to do so. On the
basis of the foregoing facts, the Regional Trial Court.
First Judicial Region, Branch XXXVIII, presided by
the Hon. Antonio M. Belen, rendered judgment finding
petitioners guilty of gross negligence and awarding
damages to private respondents. On appeal, the
decision of the trial court was affirmed in toto by
the Court of Appeals in a decision promulgated on
20
file
motion
for
reconsideration
within
the
of
particularly
decisions
where
of
issues
the
Supreme
have
been
Court
clarified,
ABAD VS BLEZA
Case 1
an
Case 2
23