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Issue: Whether
or
not
the
advertisement
is
ethical.
Villegas vs Legaspi
This case is a consolidation of two cases involving the issue of whether or not
a member of Congress may appear before the regular courts as counsel for
ordinary litigants.
Case 1
In September 1979, Raul Villegas filed a civil case against spouses Vera Cruz
et al before the Court of First Instance (CFI) Cebu. The Vera Cruz spouses
filed their answer to the complaint and they were represented by Valentino
Legaspi, then a member of the Batasang Pambansa. Villegas then challenged
the representation made by Legaspi as counsel for the spouses on the
ground that it is unconstitutional; as pointed out by Villegas no member of
the Batasang Pambansa shall appear as counsel before any court without
appellate jurisdiction. The presiding judge however overruled Villegas
challenged and proceeded with the trial. The judge said that CFIs have
appellate jurisdiction.
Case 2
In July 1979, Edgardo Reyes filed a civil case against N. V. Verenigde
Buinzenfabrieken Excelsior-De Maas, a corporation, before CFI Rizal.
Estanisalo Fernandez appeared as counsel for the corporation. Reyes
questions the appearance of Fernandez as counsel for the corporation on the
same ground invoked in Case 1 because Fernandez is also a member of the
Batasang Pambansa.
ISSUE: Whether or not the said members, Estanislao Fernandez and
Valentino Legaspi, of the Batasang Pambansa may appear as counsels before
the said CFIs.
HELD: No. Members of Congress are prohibited to appear as counsel
berfore CFIs acting in their original jurisdiction. CFIs have dual personalities.
They can be courts of general original jurisdiction (courts of origin) or
appellate courts depending on the case that they took cognizance of. In the
cases at bar, CFI Cebu and CFI Rizal acted as a courts of general original
jurisdiction. Both cases were not elevated to the said CFIs from any lower
courts. Thus, the CFIs in the case at bar are courts without appellate
jurisdiction.
Enriquez Sr. vs. Gimenez [G.R. No. L-12817, April 29, 1960]
Facts: R.A. No. 1383 was passed creating the National Waterworks and
Sewerage Authority (NAWASA) as a public corporation and vesting in it the
ownership and control over all existing government-owned waterworks
systems. However, Bauan Batangas passed Res. No. 152 stating that it does
not desire to submit their local waterworks to the provisions of said R.A. No.
1383. Provincial Fiscal rendered an opinion holding that R.A. No. 1383 is
valid and constitutional and declined to represent the municipality of Bauan
in an action to be brought against the NAWASA to test the validity and
constitutionality of the Act. Given this, the municipality engaged the services
of a special counsel to commence an action challenging the constitutionality
of R.A. No. 1383.
The Petitioners are the special counsel seeking reimbursement for initial
attorneys fees, which the Auditor General disallowed citing that the
Municipality of Bauan had no authority to engage the services of a special
counsel
Issue: Whether municipality of Bauan had authority to engage the services
of a special counsel
Held: No. The Provincial Fiscal is the legal adviser of the mayor and counsel
of the various municipalities of a province and it is his duty to represent the
municipality in any court except when he is disqualified by law, which in this
case he is not. A fiscal cannot refuse the performance of his functions on
grounds not provided for by law without violating his oath of office. Instead of
engaging the services of a special attorney, the municipal council should
have requested the Secretary of Justice to appoint an acting provincial
fiscal in place of the provincial fiscal who had declined to handle and
prosecute its case in court.
Salcedo vs Hernandez
FACTS: In 1935, Atty. Vicente Francisco was the counsel for Felipe Salcedo in
a case entitled Felipe Salcedo vs Francisco Hernandez. Salcedo lost in that
case and Atty. Francisco filed a Motion for Reconsideration.
The trial court however ordered Atty. Francisco to explain why he should not
be disciplined. It appears that in the Motion filed by Atty. Francisco, he
expressed his disagreement with the judgment by stating that the judgment
is absolutely erroneous and constitutes an outrage to the right of [Salcedo]
and a mockery of the popular will expressed at the polls in the Municipality
of Tiaong, Tayabas (so this could be an election case); that the court
should rectify itself or else the voters in Tiaong might resort to the press
publicly to denounce the judicial outrage and that if uncorrected, the
judgment will lead to the increase [of] the proselytes (new converts) of
sakdalism and make the public lose confidence in the administration of
justice.
ISSUE: Whether or not Atty. Francisco should be disciplined.
Issue/s:
Whether Atty. Aragona should be disciplined or disbarred for having prepared
and filed under oath the said motion.
Held:
No. #1 -- In People vs. Aquino, this Court laid down the decisional authority
that [S]tatement made in the course of judicial proceedings are absolutely
privileged that is, privileged regardless of defamatory tenor and of the
presence of malice if the same are relevant, pertinent or material to the
cause in hand or subject of the inquiry. And that, in view of this, the person
who makes them such as a judge, lawyer, or witness does not thereby
incur the risk of being found liable thereon in a criminal prosecution or an
action for the recovery of damages.
Since there is no doubt that the allegations made by the respondent in the
questioned motion for contempt are statements made in the course of a
judicial proceeding i.e., in C.A.R. cases 1254 and 1255 besides being
relevant, pertinent or material to the subject-matter of the said cases, they
are absolutely privileged, thereby precluding any liability on the part of the
respondent.
#2 -- Even when the statements are found to be false, if there is probable
cause for belief in their truthfulness and the charge is made in good faith,
the mantle of privilege may still cover the mistake of the individual. Xxx. The
ultimate test is that of bona fides. Indeed, the actuations of Atty. Aragano
were motivated by the legitimate desire to serve the interests of his clients -Mrs. Soriano informed Atty. Aragano of the incident coupled with Deles'
admissions.
MELANIO L. ZORETA vs. ATTY. HEHERSON ALNOR G. SIMPLICIANO
FACTS: This is a complaint for disbarment filed against Atty.Heherson Alnor
G. Simpliciano for allegedly notarizing several documents during the
year 2002 after his commission as notary public had expired. The
eight
(8)
notarized
documents
for
the year 2002 submitted by
complainant, consisting of affidavits of merit,
certifications
and
verifications against non-forum shopping, and affidavits of service, were
used and presented in the Regional Trial Court of Antipolo City, Branch 74, in
Civil Case No. 01-6240, and in respondent's petition for certiorari
filed in the Court of Appeals.
It is evident from the foregoing that
when respondent notarized the aforementioned documents, he was not
commissioned as notary public, which was in violation of the Notarial
Law. Records also show, and as confirmed by IBP Commissioner Navarro ,that
as of 02 August 2002, respondent had already notarized atotal of 590
Valerio be suspended from the practice of law for a period of two (2) years,
having found her guilty of gross misconduct. IBP Board of Governors adopted
and approved with modification of the period of suspension to 1 year.
Issue: whether respondent is guilty of gross
violation of the Code of Professional Responsibility
misconduct
and
which his services were rendered when something is due his client in the
action from which the fee is to be paid.
Here, there was no money judgment. Thus there is no charging lien.
And court has no authority to fix a charging lien.
A petition for recovery of attorney's fees, either as a separate civil suit
or as an incident in the main action, has to be prosecuted and the allegations
therein established as any other money claim.
WELLINGTON REYES vs. ATTY. SALVADOR M. GAA
Facts: Complainant reported to the NBI that he had been the victim of
extortion by respondent lawyer. An entrapment was set up by the NBI.
Complainant furnished the NBI agents several peso bills for marking. The
paper bills were sent to the Forensic and Chemistry Division of the NBI and
subsequently returned to complainant for the use in the entrapment.
Complainant went to the respondents office and thereafter handed to
respondent the marked money which he placed in his pocket. The NBI agents
then apprehended respondent and brought him to the NBI Forensic and
Chemistry Division for examination. Respondent's hands were found positive
of the yellow florescent powder applied earlier to the marked money. The NBI
recommended the prosecution of respondent for violation of Section 3(b) of
R.A. No. 3019 and recommended to the Secretary of Justice the filing of
administrative charges and the institution of disbarment proceedings against
him. In his answer to the complaint for disbarment, respondent asserted that
complainant surreptitiously planted the marked money in his pocket without
his knowledge and consent. In a resolution dated December 23, 1971, this
Court resolved to refer the disbarment case to the Solicitor General for
investigation, report and recommendation. However, upon the adoption of
Rule 139-B of the Revised Rules of Court., the case was transferred to the IBP
Board of Governors for investigation and disposition. On March 15, 1993,
Commissioner Vicente Q. Roxas of the Commission on Bar Discipline of the
IBP recommended that respondent be disbarred. Said recommendation was
approved by the IBP Board of Governors in its resolution dated March 26,
1994.
Issue: Whether or not the recommendation approved by the IBP Board of
Governors is correct
Ruling: Yes. Where the misconduct of a lawyer as a government official is of
such a character as to affect his qualification as a lawyer or to show moral
delinquency, then he may be disciplined as a member of the bar on such
ground. The extortion committed by respondent constitutes misconduct as a
public official, which also constitutes a violation of his oath as a lawyer. The
lawyer's oath, imposes upon every lawyer the duty to delay no man for
money or malice. The lawyer's oath is a source of his obligations and its
violation is a ground for his suspension, disbarment or other disciplinary
action.
Ting Dumali vs Torres
FACTS: The parents of Isidra Ting-Dumali died intestate and they left several
properties including two parcels of land Lot 1586 and Lot 1603 both in
Malabon. Isidra has 5 other siblings. In 1986 however, two of her siblings,
Felicisima Ting-Torres and Miriam Ting-Saria, executed two Deeds of
Extrajudicial Settlement. They were assisted by Felicisimas husband, Atty.
Rolando Torres who was also the administrator of the Ting Estate. In the
Deed of Extrajudicial Settlement covering Lot 1586, they made it appear that
Felicisima and Miriam were the only heirs of the Tings. Atty. In the Deed of
Extrajudicial Settlement covering Lot 1603, the signature of Isidra was forged
to make it appear that she was a party to the Deed. Torres then presented
the Deeds to the Registry of Deeds of Cavite for the purpose of transferring
the titles into the name of Miriam and Felicisima. Thereafter, Felicisima and
Miriam sold the lands to a corporation. Consequently, Isidra filed several
complaints. One of the complaints is this disbarment case against Atty.
Torres.
Torres, in his defense, averred that he acted in good faith in allowing his wife
and Miriam to execute the Deeds; that he thought that the Deeds were
agreed to by the other siblings pursuant to a toka or verbal will left by
Isidras mother and as implemented by their eldest brother, Eliseo Ting; that
the exclusion of the other heirs was merely an oversight. Isidra denied the
existence of the toka. Eliseo also said there was no such toka.
ISSUE: Whether or not Torres should be disbarred for allowing the exclusion
of the other heirs from the Deeds of Extrajudicial Settlement despite his
knowledge of their presence.
HELD: Yes. He violated his oath as he engaged in deceitful conduct. He has
committed falsehood. By letting his wife and Miriam declare in a public
document that they are the only heirs to the estate when in fact there are
other compulsory heirs and then later presenting these Deeds to the Registry
of Deeds, Atty. Torres failed to advise that the two were doing acts contrary
to law. He participated in the making of these Deeds as well as to the
subsequent transactions involving the sale of the properties covered by the
Deeds. His acts facilitated a wrong against the other heirs.
People vs. Tuanda
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
weredishonored 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 AntiBouncing Check Law). 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: Whether or not the suspension of Atty. Tuanda be lifted.
HELD: NO. The Court of Appeals correctly ruled that "the offense [of] which
she is found guilty involved moral turpitude. Sections 27 and 28 of Rule 138
of the Revised Rules of Court provide as follows:
testimonial evidence, as well as the above report of the NBI, have clearly
proved that respondent Abad is still practicing law despite the decision of
this Court of March 28, 1983.
ISSUES: Whether or not Abad can engage in practice of law.
Whether or not Atty. Jacobe liable in his collaboration with the respondent.
HELD: No. Only those licensed by the Supreme Court may practice law in
this country. The right to practice law is not a natural or constitutional right
but is a privilege. It is limited to persons of good moral character with
special qualifications duly ascertained and certified. The exercise of this
privilege presupposes possession of integrity, legal knowledge, educational
attainment and even public trust, since a lawyer is an officer of the court. A
bar candidate does not acquire the right to practice law simply by passing
the bar examinations. The practice of law is a privilege that can be withheld
even from one who has passed the bar examinations, if the person
seekingadmission had practiced law without license. Respondent Abad
should know that the circumstances which he has narrated do not constitute
his admissionto the Philippine Bar and the right to practice law thereafter. He
should know that two essential requisites for becoming a lawyer still had to
be performed, namely: his lawyer's oath to be administered by this Court and
his signature in the Roll of Attorneys. (Rule 138, Secs. 17 and 19, Rules of
Court.) The regulation of the practice of law is unquestionably strict. Under
Section 3 (e) of Rule 71 of the Rules of Court, a person who engages in the
unauthorized practice of law is liable for indirect contempt of court. Mr. Elmo
S. Abad is hereby fined Five Hundred (P500.00) pesos payable to this Court
within ten (10) days from notice failing which he shall serve twenty-five (25)
days imprisonment.
Yes. He violated Canon 9 Rule 9.01 A lawyer shall not delegate to any
unqualified person the performance of any task which by law may only be
performed by a member of the Bar. in good standing. A lawyer shall not
assist anyone who is not a member of the Bar to practice law in this country.
Thus, he must not take as partner or associate in his law firm a person who is
not a lawyer, a lawyer who has been disbarred and a lawyer who has been
suspended from practice of law. The lawyer who assists in an unauthorized
practice of law whether directly or indirectly is subject to disciplinary
action. Finally, Atty. Ruben A. Jacobe is required to explain within ten (10)
days from notice why he should not be disciplined for collaborating and
associating in the practice of the law with the respondent who is not a
member of the bar.
Aguirre v Rana
FACTS: Respondent is a successful bar passer who was allowed only to take
oath but not to sign the roll of attorneys pending the resolution of the
complaint of the petitioner who charges respondent with unauthorized
practice of law, grave misconduct, violation of law, and grave
misrepresentation. Apparently, the respondent appeared as counsel to an
election candidate before the Municipal Board of Election Canvassers
(MBEC) of Masbate before he took his oath and signed the rolls of
attorneys. In his comment, respondent alleges he only provide specific
assistance and advice not as a lawyer but as a person who knows the law. He
contends that he did not sign the pleadings as a lawyer. The Office of the Bar
Confidant was tasked to investigate and its findings disclosed that according
to the minutes of the meeting of the MBEC, the respondent actively
participated in the proceeding and signed in the pleading as counsel for
the candidate.
I: WON the respondent is fit for admission to the bar.
R: The court held that respondent did engaged in unauthorized practice of
law. It held that all the activities he participated during that time involves the
practice of law despite the fact that he is not yet a member of the Bar. The
right to practice law is not a right but a privilege extended to those morally
upright and with the proper knowledge and skills. It involves strict regulation,
one of which is on the moral character of its members. Passing the bar is not
the only qualification to become an attorney-at-law. Respondent should know
that two essential requisites for becoming a lawyer still had to be performed,
namely: his lawyers oath to be administered by this Court and his signature
in the Roll of Attorneys. Because the court finds respondent not morally fit to
be admitted in the Bar, notwithstanding the fact that he already took his
oath, he was denied admission to the bar.
In re: Atty Marcial Edillon
FACTS: The respondent Marcial A. Edillon is a duly licensed practicing
Attorney in the Philippines. The IBP Board of Governors recommended to the
Court the removal of the name of the respondent from its Roll of Attorneys
for stubborn refusal to pay his membership dues assailing the provisions of
the Rule of Court 139-A and the provisions of par. 2, Section 24, Article III, of
the IBP By-Laws pertaining to the organization of IBP, payment of
membership fee and suspension for failure to pay the same.
Edillon contends that the stated provisions constitute an invasion of his
constitutional rights in the sense that he is being compelled as a precondition to maintain his status as a lawyer in good standing, to be a
member of the IBP and to pay the corresponding dues, and that as a
ADMISSION TO PRACTICE
First Lepanto Ceramics vs CA
Facts: Petitioner's contention is that Circular No. 1-91 cannot be deemed to have
superseded Art. 82 of the Omnibus Investments Code of 1987 (E.O. No. 226)
because the Code, which President Aquino promulgated in the exercise of legislative
authority, is in the nature of a substantive act of Congress defining the jurisdiction
of courts while the circular is a rule of procedure which this Court promulgated
pursuant to its rule-making power Petitioner questions the holding of the Second
Division that although the right to appeal granted by Art. 82 of the Code is a
substantive right which cannot be modified by a rule of procedure, nonetheless,
questions concerning where and in what manner the appeal can be brought are only
matters of procedure which this Court has the power to regulate.
Judicial review of the decisions and final orders of the BOI was originally provided for
in the Omnibus Investments Code of 1981. Art. 78 was thereafter amended by B.P.
Blg. 129, 3 by granting in 9 thereof exclusive appellate jurisdiction to the then
Intermediate Appellate Court (now the Court of Appeals) over the decisions and final
orders of quasi-judicial agencies. When the Omnibus Investments Code of 1987
(E.O. No. 226) was promulgated on July 17, 1987, the right to appeal from the
decisions and final orders of the BOI to the Supreme Court was again granted. By
then, however, the present Constitution had taken effect. 4 The Constitution now
provides in Art. VI, Sec. 30 that "No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution without its advice
and concurrence.
Issue: WON the provision is violative of the constitutional prohibition on increasing
the appellate jurisdiction of the Supreme Court without its advice and concurrence.
Held: Yes. This provision is intended to give the Supreme Court a measure of
control over cases placed under its appellate jurisdiction. For the indiscriminate
enactment of legislation enlarging its appellate jurisdiction can unnecessarily
burden the Court and thereby undermine its essential function of expounding the
law in its most profound national aspects. Now, art. 82 of the 1987 Omnibus
Investments Code, by providing for direct appeals to the Supreme Court from the
decisions and final orders of the BOI, increases the appellate jurisdiction of this
Court. Since it was enacted without the advice and concurrence of this Court, this
provision never became effective.
IN RE: CUNANAN
FACTS: In the manner of the petitions for Admission to the Bar of
unsuccessful candidates of 1946 to 1953; Albino Cunanan et. al petitioners.
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%). Many of the bar examinees believed
themselves to be fully qualified to practice law as those reconsidered and
passed by the S.C., and felt that they have been discriminated against,
unsuccessful candidates who obtained averages of a few percentages lower
than those admitted to the bar went to congress for, and secured in 1951
Senate Bill no. 12, but was vetoed by the president after he was given advise
adverse to it. Not overriding the veto, the senate then approved senate bill
no. 372 embodying substantially the provisions of the vetoed bill. The bill
then became law on June 21, 1953 .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.
ISSUE: WoN RA 972 is constitutional?
HELD: No, RA 972 is not constitutional. In the judicial system from which
ours has been evolved, the admission, suspension, disbarment and
reinstatement of attorney at law in the practice of the profession and their
supervision have been indisputably a judicial function and responsibility. It is
obvious therefore, that the ultimate power to grant license for the practice of
law belong EXCLUSIVELY to the court and the law passed by Congress on the
matter is permissive in character, of as other authorities may say, merely fix
the minimum conditions for the license.
Kuroda vs Jalandoni 83Phil 171
Facts: Shigenori Kuroda, formerly a Lieutenant-General of the Japanese Imperial
Army and Commanding General of the Japanese Imperial Forces in The Philippines
during a period covering 19433 and 19444 who is now charged before a military
Commission convened by the Chief of Staff of the Armed forces of the Philippines
with having unlawfully disregarded and failed "to discharge his duties as such
command, permitting them to commit brutal atrocities and other high crimes
against noncombatant civilians and prisoners of the Imperial Japanese Forces in
violation of the laws and customs of war" comes before this Court seeking to
establish the illegality of Executive Order No. 68 of the President of the Philippines:
to enjoin and prohibit respondents Melville S. Hussey and Robert Port from
participating in the prosecution of petitioner's case before the Military Commission
and to permanently prohibit respondents from proceeding with the case of
petitioners.
Issue: W/N the participation of two American attorneys in the prosecution of this
case are qualified to practice law in Philippines in accordance with our Rules of court
Held: Yes. Military Commission is a special military tribunal governed by a special
law and not by the Rules of court which govern ordinary civil court. It has already
been shown that Executive Order No. 68 which provides for the organization of such
military commission is a valid and constitutional law. There is nothing in said
executive order which requires that counsel appearing before said commission must
be attorneys qualified to practice law in the Philippines in accordance with the Rules
of Court. In facts it is common in military tribunals that counsel for the parties are
usually military personnel who are neither attorneys nor even possessed of legal
training. The Military Commission having been convened by virtue of a valid law
with jurisdiction over the crimes charged which fall under the provisions of
Executive Order No. 68, and having said petitioner in its custody, this Court will not
interfere with the due process of such Military commission.
Omico Mining and Industrial Corp. v. Vallejos,
Facts: On June 1, 1973, Alfredo Catolico (herein private respondent), then a judge
of the Court of First Instance of Cavite, filed with said court a complaint, presided by
respondent Judge Amador T. Vallejos, against Omico Mining and Industrial
Corporation and Frederick G. Webber, the latter in his personal capacity and as
President and Chairman of the Board of Directors of said corporation, alleging two
(2) causes of action.
The first, for the return of ten (10) certificates of stock of the corporation borrowed
from him by the defendants, and the second, for the payment of his services as
legal counsel for the corporation.|||
Under the first cause of action, plaintiff Catolico alleged among others that he is a
resident of Cavite City where he is a judge of the Court of First Instance and
stockholder of the defendant Omico Mining and Industrial Corporation holding thirty
(30) certificates of stock, the same having been issued to him way back in August,
1969; that defendant corporation, through its co-defendant Frederick G. Webber,
pleaded with him that ten (10) certificates of stock, be allowed to remain with them
under their responsibility, for the two purposes; first was so that the stock can be
used as collateral for a loan amounting to P10 Million with Development Bank of the
Philippines and the after the loan was denied, the second was the stocks were to be
used as collateral for the purchase of the Bunning and Company of Tuguegarao for
P2,000,000.00. When those two transactions failed, he demanded several times of
the defendants for the return to him of the ten (10) certificates aforementioned so
that he could use them, but said demands were of no avail; that in view of the
failure of the defendants to comply with his demands, he is forced to file the
complaint seeking the return to him of said ten (10) certificates of stock.|||
Under the second cause of action, plaintiff wanted to be Defendant Corporation to
pay him his legal fees as he served as the head of their (corporations) legal
department. On October 13, 1968, both defendants entered into a contract of
personal and professional services with Catolico under the the condition that he
should render such services only after his office hours, "even into the dead wee
hours of the night and wherever such services would not run in conflict with his
duties as Judge"
Omico Corporation filed for motion to dismiss on two grounds, (1) improper venue,
plaintiff was not a resident of Cavite but of Quezon City; and, as to the second
cause of action, the contract of between plaintiff and defendants was entered into
in the City of Manila, and, therefore, the case should have been filed in Manila in
accordance with Section 1 of Rule 4 of the Revised Rules of Court; and (2) lack of
cause of action, the stocks were under the name of Vicente Resonda; and, with
respect to the contract of personal and professional services 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. While the motion to dismiss was pending
resolution by the court because Omico Corp had not yet presented to the court the
required proof of service, Catolico, filed a petition to declare the defendants in
default and to allow him to present his evidence. He said that after several months,
Omico Corp has not filed an answer and therefore in default. The motion to dismiss
was not address to their counsel but to the Clerk of Court. Because it was addressed
to the clerk of court and not their counsel, it was a useless piece of paper.
Issue:
1. Whether or not Judge Vallejos was fair and free from impropriety
2. Whether or not Judge Catolico contract with Omico Corporation for his legal
service is void.
First Issue: No, Judge Vallejos was not fair and not free from impropriety.
He was unduly strict regarding the requirements of notice of hearing to the Omico
Corp, and at the same time, unduly liberal, with respect to the Catolico. He required
Omico Corp for proof of service but for Catolico he none was required.
Such conduct falls short of the requirement that the official conduct of a
judge should not only be free from impropriety, but also from the
appearance of impropriety.
Second Issue: Yes it is void because it is contrary to law and public policy.
The contract of professional services entered into between private respondent and
the petitioners, while the former was still a judge of the Court of First Instance,
constituted private practice of law and in contravention of the express
provision of Section 35 of Rule 138 of the Revised Rules of Court.|||
It is based on sound reasons of public policy, for there is no question that the
rights, duties, privileges and functions of the office of an attorney-at-law are so
inherently incompatible with the high official functions, duties, powers,
discretions and privileges of a judge of the Court of First Instance.|||
This inhibitory rule makes it obligatory upon the judicial officers concerned to
give their full time and attention to their judicial duties, prevent them from
extending special favors to their own private interests and assure the public of
their impartiality in the performance of their functions. These objectives are
dictated by a sense of moral decency and the desire to promote the public interest.
It is evident, therefore, that the aforesaid contract is void because a contract,
whose cause, object or purpose is contrary to law, morals, good customs, public
order or public policy, is considered inexistent and void from the beginning.
CONCEPCION DIA-AONUEVO vs. MUN. JUDGE BONIFACIO B. BERCACIO OF
TABACO, ALBAY.
P3,500.00 she had deposited with him as she was then in need of money, but no
action was taken by respondent. The verbal request was followed by a registered
letter dated January 24, 1973 advising Judge Bercacio that complainant herein was
withdrawing the amount of P3,500.00 deposited with him and requesting him to
remit the said amount within ten days from receipt of the letter. There was still no
response from respondent Judge, hence, another letter was sent dated February 21,
1973. Due to the non-remittance of the aforementioned amount, Atty. Madrid filed
with the Court of First Instance an urgent motion dated August 20, 1973, praying
that Judge Bercacio be directed to consign in court the amount deposited with him
by the plaintiff, Mrs. Aonuevo.
Respondent violated Section 77 of the Judiciary Act of 1948, as amended,
which provides in part:
"All provisions relative to the observance of office hours and the
holding of sessions applicable to courts of first instance shall likewise
apply to municipal judges, but the latter may, after office hours, and
with the permission of the district judge concerned, engage in teaching
or other vocation not involving the practice of law . . ."
Respondent submits that it was Atty. Berango and not he who assisted the
complainant, Mrs. Aonuevo, and her co-plaintiffs as counsel in the civil case; that
when he saw his name in the complaint as one of the lawyers, he called Atty.
Berango's attention to the mistake and this was immediately corrected in the
subsequent pleadings by deleting his name.
ISSUE: WON respondent engaged in an activity which involved the practice of law.
HELD: YES. The PRACTICE OF LAW is not limited to the conduct of cases in court
or participation in court proceedings but also includes preparation of pleadings or
papers in anticipation of a litigation, giving of legal advice to clients or persons
needing the same, etc. (Martin, Comments on Rules of Court, Vol. 6, 1974 Ed., p.
251; Moran, Rules of Court, 1970 Ed., Vol. 6, p. 206) Hence, even if we were to
accept respondent's explanation that it was: Atty. Berango who represented Mrs.
Aonuevo and her co-plaintiffs in court, respondent's actuations as noted above still
fall within the prohibition.
The rule disqualifying a municipal judge from engaging in the practice of law seeks
to avoid the evil of possible use of the power and influence of his office to affect the
outcome of a litigation where he is retained as counsel. Compelling reasons of
public policy lie behind this prohibition, and judges are expected to conduct
themselves in such a manner as to preclude any suspicion that they are
representing the interests of a party litigant.
Respondent's claim is belied, however, by the active interest he took in the case of
Mrs. Aonuevo manifested as follows:
(a) He gave Mrs. Aonuevo legal advice on the remedy available to her and her coowners with regards to the property sold to Alfredo Ong.
(b) He accepted from Mrs. Aonuevo the sum of P3,500.00 for purposes of
redeeming the property from the vendee, plus P100.00 for incidental expenses.
(c) He wrote to Alfredo Ong for and in behalf of Mrs. Aonuevo and her co-owners
offering to redeem the land in question.
(d) When his attempts at an out-of-court settlement failed, he caused the filing of
the complaint in Civil Case No. 4591, for which he was issued a receipt for docket
and legal research fees.
(e) He was present together with Atty. Berango at the pre-trial of July 5, 1972, and
although, as he claims, it was Atty. Berango who made an appearance for that pretrial, the trial Judge nonetheless took note of respondent's presence so that the
Order dictated on that occasion reads: "Attys. Berango and Bercacio are notified of
the date of the trial."
De Guzman vs Visayan Rapid Transit
Facts: The Visayan Rapid Transit Co. and the Negros Transportation Co., Inc., during
the time the legal services are claimed to have been rendered by the petitioner,
were operating automobile lines in the Province of Occidental Negros. The
respondent, Nicolas Concepcion, was at the time the president, general manager,
and controlling stockholder of these two transportation companies. In January,
1933, Concepcion engaged the professional services of the petitioner, who was then
a law practitioner in the City of Manila. The employment was for the purpose of
obtaining the suppression, reduction and refund of certain toll rates on various
bridges along the line operated by the respondent transportation companies. The
herein petitioner accordingly took steps to obtain first the suppression, and later the
reduction of toll rates on said bridges and also the refund of toll charges already
collected by the Province of Occidental Negros. Petitioner filed with the said
Secretary of Public Works and Communication, petition asking for the reduction of
toll charges which was granted. As a result of this reduction of tolls, the respondents
have been benefited with an economy of P78,448 for every eighteen months. The
various incidental questions raised by the petitioner revolves around the reasonable
compensation to which he is entitled, and we pass on to the consideration of this
point. The respondents in their brief insinuate that the services of the petitioner
were unsolicited and unauthorized.
Issue: WON petitioner is entitled to compensation.
Held: Yes. Although the professional services rendered by the petitioner are purely
administrative and did not require a high degree of professional skill and
experience, the fact remains that these services were rendered and were productive
of substantial beneficial results to his clients. The following are the circumstances to
be considered in determining the compensation of an attorney: the amount and
character of the services rendered; the labor, time, and trouble involved; the nature
and importance of the litigation or business in which the services were rendered;
the responsibility imposed; the amount of money or the value of the property
affected by the controversy, or involved in the employment, the skill and experience
called for in the performance of the services; the professional character and social
standing of the attorney; the results secured; and whether or not the fee is absolute
or contingent, it being a recognized rule that an attorney may properly charge a
much a larger fee when it is to be contingent that when it is not. The financial ability
of the defendant may also be considered not to enhance the amount above a
reasonable compensation, but to determine whether or not he is able to pay a fair
and just compensation for the services rendered, or as as incident in ascertaining
the importance and gravity of the interests involved in the litigation. As warranted
by the records, it is obvious that as a result of the reduction of the rates of the toll
of the bridges in the said province, the respondents were benefited with an
economy of P78,448. The refund to the said corporations of the amount of P50,000
is a great relief and enhancement of their business. Facts and circumstances
considered, we are of the opinion that the reasonable compensation of the
petitioner is P7,000, deducting therefrom, however, the sum of P1,280 which the
petitioner had already received.
Atty. Christian Monsod is a member of the Philippine Bar, having passed the
bar examinations of 1960 with a grade of 86-55%. He has been a dues
paying member of the Integrated Bar of the Philippines since its inception in
1972-73. He has also been paying his professional license fees as lawyer for
more than ten years.
Black defines "practice of law" as: The rendition of services requiring the
knowledge and the application of legal principles and technique to serve the
interest of another with his consent. It is not limited to appearing in court, or
advising and assisting in the conduct of litigation, but embraces the
preparation of pleadings, and other papers incident to actions and special
proceedings, conveyancing, the preparation of legal instruments of all kinds,
and the giving of all legal advice to clients. It embraces all advice to clients
and all actions taken for them in matters connected with the law. An attorney
engages in the practice of law by maintaining an office where he is held out
to be-an attorney, using a letterhead describing himself as an attorney,
counseling clients in legal matters, negotiating with opposing counsel about
pending litigation, and fixing and collecting fees for services rendered by his
associate.
In general, a practice of law requires a lawyer and client relationship, it is
whether in or out of court. Atty. Monsod's past work experiences as a lawyereconomist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyernegotiator of contracts, and a lawyer-legislator of both the rich and the poor
verily more than satisfy the constitutional requirement that he has been
engaged in the practice of law for at least ten years..
Tajan vs Cusi Jr
Facts: In a letter addressed to petitioner Alfredo C. Tajan, he was required by
respondent Judge to explain within 72 hours why he should not be removed or
suspended from the practice of law for preparing, or causing to be prepared, a
petition in court containing factual averments which petitioner knew were false.
Petitioner denied the averments. Respondent Judge had his letter filed and docketed
as Adm. Case No. 59 against petitioner. Petitioner orally moved that respondent
Judge inhibit himself from hearing the administrative case in view of the latter's
conflicting positions as prosecutor and judge at the same time. Petitioner's thesis is
that respondent Judge has no authority on his own motion to hear and determine
proceedings for disbarment or suspension of attorneys because jurisdiction thereon
is vested exclusively and originally in the Supreme Court and not in courts of first
instance. Petitioner filed the present petition, and on this Court gave due course
thereto and ordered the issuance of a writ of preliminary injunction.
Issue: WON respondent Court of First Instance judge has authority on his own
motion to hear and determine disbarment proceedings.
Held: YES. The law accords to the Court of Appeals and the Court of First Instance
the power to investigate and suspend members of the bar. Rule 138 of the Revised
Rules of Court provides that The Court of Appeals or a Court of First Instance may
suspend an attorney from practice for any of the causes named in the last
preceding section, and after such suspension such attorney shall not practice his
profession until further action of the Supreme Court in the premises.
.It should be observed that proceedings for the disbarment of members of the bar
are not in any sense a civil action where there is a plaintiff and the respondent is a
defendant. Disciplinary proceedings involve no private interest and afford no
redress for private grievance. They are undertaken and prosecuted solely for the
public welfare. They are undertaken for the purpose of preserving courts of justice
from the official ministration of persons unfit to practice in them. The attorney is
called to answer to the court for his conduct as an officer of the court. The
complainant or the person who called the attention of the court to the attorney's
alleged misconduct is in no sense a party, and has generally no interest in the
outcome except as all good citizens may have in the proper administration of
justice. The court may therefore act upon its own motion and thus be the initiator of
the proceedings, because, obviously the court may investigate into the conduct of
its own officers.
ALCALA VS DE VERA
FACTS: On May 19, 1964, Jose Alcala (now deceased) and his wife, Avelina Imperial,
filed this present petition for disbarment against respondent Honesto de Vera, a
practicing attorney of Locsin, Albay, who was retained by them as their counsel in
civil case 2478 of the Court of First Instance of Albay, entitled: "Ray Semenchuk vs.
Jose Alcala". Complainants charge Atty. Honesto de Vera with gross negligence and
malpractice: 1) for having maliciously and deliberately omitted to notify them of the
decision in civil case 2478 resulting in the deprivation of their right to appeal from
the adverse judgment rendered against them; and 2) for respondent's indifference,
disloyalty and lack of interest in petitioners' cause resulting to their damage and
prejudice. Respondent attorney, in his answer to these charges, asserted that he
notified his clients of the decision in question and that he defended complainants'
case to the best of his ability as demanded by the circumstances and that he never
showed indifference, lack of interest or disloyalty to their cause.
ISSUE: Whether or not respondent's failure to notify his clients of the decision
sufficient cause for his disbarment?
HELD: NO. We concur with the above-quoted observations and add that the
correctness of the decision in case 2478 is no ground for exonerating respondent of
the charge but at most will serve only to mitigate his liability. While there is no
finding of malice, deceit, or deliberate intent to cause damage to his clients, there
contend that the exercise by the offended party to intervene is subject to the
direction and control of the fiscal and that his appearance, no less than his
active conduct of the case later on, requires the prior approval of the fiscal.
ISSUE: Whether or not a party in a case may be assisted by a person who is not a
member of the Philippine Bar and its appearance must be approved by the fiscal.
HELD: Section 34, Rule 138 of the Rules of Court, clearly provides that in the
municipal court a party may conduct his litigation in person with the aid of an agent
appointed by him for the purpose. The permission of the fiscal is not necessary for
one to enter his appearance as private prosecutor. In the first place, the law does
not impose this condition. What the fiscal can do, if he wants to handle the case
personally is to disallow the private prosecutor's participation, whether he be a
lawyer or not, in the trial of the case. On the other hand, if the fiscal desires the
active participation of the private prosecutor, he can just manifest to the court that
the private prosecutor, with its approval, will conduct the prosecution of the case
under his supervision and control. Further, we may add that if a non-lawyer can
appear as defense counsel or as friend of the accused in a case before the
municipal trial court, with more reason should he be allowed to appear as private
prosecutor under the supervision and control of the trial fiscal. In the two criminal
cases filed before the Municipal Court of Paraaque, petitioner Cantimbuhan, as the
offended party, did not expressly waive the civil action nor reserve his right to
institute it separately and, therefore, the civil action is deemed impliedly instituted
in said criminal cases. Thus, said complainant Romulo Cantimbuhan has personal
interest in the success of the civil action and, in the prosecution of the same, he
cannot be deprived of his right to be assisted by a friend who is not a lawyer.
Hydro Resources Contractors Corp. v. Pagalilauan,
Facts: Hydro Resources Contractors Corporation (Hydro) hired the private
respondent Aban as its "Legal Assistant." On September 4, 1980, Aban fired
because of his alleged failure to perform his duties well. Aban filed a complaint
against the petitioner for illegal dismissal. The labor arbiter ruled that Aban was
illegally dismissed and was affirmed by the NLRC on appeal. The petitioner contends
that its relationship with Aban is that of a client with his lawyer. It is its position that
"(a) lawyer as long as he is acting as such, as long as he is performing acts
constituting practice of law, can never be considered an employee. His relationship
with those to whom he renders services, as such lawyer, can never be governed by
the labor laws. For a lawyer to so argue is not only demeaning to himself (sic), but
also his profession and to his brothers in the profession." Thus, the petitioner argues
that the labor arbiter and NLRC have no jurisdiction over the instant case.
Issue: Whether or not there is an employer-employee relationship
Held: Yes, there is an employer-employee relationship.
A lawyer, like any other professional, may very well be an employee of a
private corporation or even of the government. It is not unusual for a big
corporation to hire a staff of lawyers as its in-house counsel, pay them
regular salaries, rank them in its table of organization, and other. vise treat
them like its other officers and employees. At the same time, it may also contract
with a law firm to act as outside counsel on a retainer basis. The two classes of
lawyers often work closely together but one group is made up of employees while
the other is not. A similar arrangement may exist as to doctors, nurses, dentists,
public relations practitioners, and other professionals.|||
As stated in the case of Tabas v. California Manufacturing Co., (G.R. No. 80680,
January 26, 1989):
"This Court has consistently ruled that the determination of whether or not
there is an employer-employee relation depends upon four standards: (1) the
manner of selection and engagement of the putative employee; (2) the mode
of payment of wages; (3) the presence or absence of a power of dismissal;
and (4) the presence or absence of a power to control the putative
employee's conduct. Of the four, the right-of-control test has been held to be
the decisive factor."
Aban worked solely for the petitioner and dealt only with legal matters
involving the said corporation and its employees. Its also assisted the
Personnel Officer in processing appointment papers of employees. This latter duty is
not an act of lawyer in the exercise of his profession but rather a duty for the benefit
of the corporation.
The above-mentioned facts show that the petitioner paid Aban's wages,
exercised its power to hire and fire the respondent employee and more
important, exercised control over Aban by defining the duties and
functions of his work.
Moreover, estoppel lies against the petitioner. It may no longer question the
jurisdiction of the labor arbiter and NLRC. The petitioner presented documents
before the Labor Arbiter to prove that Aban was a managerial employee.
Now, it is disclaiming that Aban was ever its employee. The proper procedure was
for the petitioner to prove its allegations that Aban drank heavily, violated company
policies, spent company funds and properties for personal ends, and otherwise led
the employer to lose trust and confidence in him. The real issue was due process,
not the specious argument raised in this petition.
RAMOS VS. RADA
FACTS:
Moises R. Rada a messenger in the Court of First Instance of Camarines
Norte, Branch II, is charged with a violation of Section 12 of Civil Service Rule XVIII,
which provides as follows:
Sec. 12. No officer or employee shall engage directly in any private business,
vocation, or profession or be connected with any commercial, credit, agricultural or
industrial undertaking without a written permission from the head of Department:
Provided, That this prohibition will be absolute in the case of those officers and
employees whose duties and responsibilities require that their entire time be at the
disposal of the Government:....
The respondent Rada receives a monthly salary of P267.75. On December 15,
1972 he was extended an appointment by the Avesco Marketing Corporation, thru
its president, Jimmy Tang, as representative to manage and supervise real
properties situated in Camarines Norte which were foreclosed by the corporation.
Rada accepted the appointment and discharged his duties as administrator. The
administrative complaint against Rada was filed with the Department of Justice on
October 3, 1973. He requested permission to accept the appointment on October
27, 1973. It is not indicated that his acceptance and discharge of the duties of the
position of administrator has at all impaired his efficiency as messenger; nor has it
been shown that he did not observe regular office hours.
ISSUE: Whether or not Moises Rada violated Section 12 of Civil Service Rule XVIII.
HELD:
Rada has violated the civil service rule prohibiting government
employees from engaging directly in a private business, vocation or profession or
being connected with any commercial, credit, agricultural or industrial undertaking
without a written permission from the head of the Department. But, indubitably,
also, his private business connection has not resulted in any prejudice to the
Government service. Thus, his violation of the rule the lack of prior permission is
a technical one, and he should be meted no more than the minimum imposable
penalty, which is reprimand.
The duties of messenger Rada are generally ministerial which do not require
that his entire day of 24 hours be at the disposal of the Government. Such being his
situation, it would be to stifle his willingness to apply himself to a productive
endeavor to augment his income, and to award a premium for slothfulness if he
were to be banned from engaging in or being connected with a private undertaking
outside of office hours and without foreseeable detriment to the Government
service. His connection with Avesco Marketing Corporation need not be terminated,
but he must secure a written permission from the Executive Judge of the Court of
First Instance of Camarines Norte, who is hereby authorized to grant or revoke such
permission, under such terms and conditions as will safeguard the best interests of
the service, in general, and the court, in particular.
He is hereby reprimanded. He may however apply, if he so desires, for
permission to resume his business connection with the corporation, in the manner
above indicated.
Beltran Jr. vs. Abad (132 SCRA 453) -1984
Facts: Mr. Elmo S. Abad was a successful examinee of the 1978 bar examinations
but has not been admitted to the Philippine Bar in contempt of Court for
unauthorized practice of law and he was fined P500.00 with subsidiary
imprisonment and had paid the fine. Atty. Procopio S. Beltran, Jr., the complainant,
filed a MOTION TO CIRCULARIZE TO ALL METRO MANILA COURTS THE FACT THAT
ELMO S. ABAD IS NOT AUTHORIZED TO PRACTICE LAW. However, a report was found
that Abad signed Exhibits B, C and D and had made appearances in Metro Manila
courts despite his denials under oath where he can be charged for Perjury.
Respondent denied that he appeared in the hearing on December 08, 1983 and that
the signatures on the aforementioned Exhibits are his where he said it could have
been made up by Atty. Beltran. Signatures underwent forensic examination and the
aforesaid documentary and testimonial evidence, as well as the above report of the
NBI, have clearly proved that respondent Abad is still practicing law despite the
decision of this Court of March 28, 1983.
Issue: Whether or not Abad can engage in practice of law
Ruling of the Court: No. Only those licensed by the Supreme Court may practice
law in this country. The right to practice law is not a natural or constitutional right
but is a privilege. It is limited to persons of good moral character with
special qualifications duly ascertained and certified. The exercise of this privilege
presupposes possession of integrity, legal knowledge, educational attainment and
even public trust, since a lawyer is an officer of the court. The practice of law is a
privilege that can be withheld even from one who has passed the bar examinations,
if the person seeking admission had practiced law without license He should know
that two essential requisites for becoming a lawyer still had to be performed,
namely: his lawyer's oath to be administered by this Court and his signature in
the Roll of Attorneys. (Rule 138, Secs. 17 and 19, Rules of Court.) The regulation
of the practice of law is unquestionably strict. Under Section 3 (e) of Rule 71 of the
Rules of Court, a person who engages in the unauthorized practice of law is liable
for indirect contempt of court.
Bacarro v. Pinatacan
Facts: This is an administrative case filed against respondent with moral turpitude
and immorality. Complainant gave birth to a baby girl named Maria Rochie Bacarro
Pinatacan; that because of respondent's betrayal, her family suffered shame,
disrepute, moral distress and anxiety; and, that these acts of respondent render him
unfit to become a member of the Bar. On the other hand, respondent maintains that
therein, which (according to him) is equivalent to a high school diploma, and upon
his return to civilian life, the educational authorities considered his army service as
the equivalent of 3rd and 4th year high school.
ISSUE: Whether or not Telesforo Diaos false statement of facts regarding his
educational qualifications is a ground for disbarment?
HELD: Yes. The court ruled that the respondent's failure to exhibit any certification
to that effect (the equivalence) by the proper school officials. However, it is
unnecessary to dwell on this, since the second charge is clearly meritorious. Diao
never obtained his A.A. from Quisumbing College; and yet his application for
examination represented him as an A.A. graduate (1940-1941) of such college. Now,
asserting he had obtained his A.A. title from the Arellano University in April, 1949,
he says he was erroneously certified, due to confusion, as a graduate of Quisumbing
College, in his school records.
Plainly, therefore, Telesforo A. Diao was not qualified to take the bar examinations;
but due to his false representations, he was allowed to take it, luckily passed it, and
was thereafter admitted to the Bar. Such admission having been obtained under
false pretenses must be, and is hereby revoked. The fact that he hurdled the Bar
examinations is immaterial. Passing such examinations is not the only qualification
to become an attorney-at-law; taking the prescribed courses of legal study in the
regular manner is equally essential..
RE: PETITION OF AL ARGOSINO TO TAKE THE LAWYERS OATH
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. The criminal case which resulted in
petitioner's conviction, arose from the death of a neophyte during fraternity
initiation rites sometime in September 1991. Petitioner and seven (7) other accused
initially entered pleas of not guilty to homicide charges. The eight (8) accused later
withdrew their initial pleas and upon re-arraignment all pleaded guilty to reckless
imprudence resulting in homicide.The trial court granted herein petitioner's
application for probation. The trial court as well issued an order approving a report
dated 6 April 1994 submitted by the Probation Officer recommending petitioner's
discharge from probation.
On 14 April 1994, petitioner filed before this Court a petition to be allowed to take
the lawyer's oath based on the order of his discharge from probation. On 13 July
1995, the Court through then Senior Associate Justice Florentino P. Feliciano issued a
resolution requiring petitioner Al C. Argosino to submit to the Court evidence that he
may now be regarded as complying with the requirement of good moral character
imposed upon those seeking admission to the bar. In compliance with the above
resolution, petitioner submitted no less than fifteen (15) certifications/letters
executed by among others two (2) senators, five (5) trial court judges, and six (6)
members of religious orders. Petitioner likewise submitted evidence that a
scholarship foundation had been established in honor of Raul Camaligan, the hazing
victim, through joint efforts of the latter's family and the eight (8) accused in the
criminal case.
ISSUE: Whether or not Al Argosino may take the lawyers oath office and admit him
to the practice of law.
HELD: The practice of law is a privilege granted only to those who possess the
strict intellectual and moral qualifications required of lawyers who are instruments
in the effective and efficient administration of justice. It is the sworn duty of this
Court not only to "weed out" lawyers who have become a disgrace to the noble
profession of the law but, also of equal importance, to prevent "misfits" from taking
the lawyer's oath, thereby further tarnishing the public image of lawyers which in
recent years has undoubtedly become less than irreproachable.
After a very careful evaluation of this case, we resolve to allow petitioner Al
Caparros Argosino to take the lawyer's oath, sign the Roll of Attorneys and practice
the legal profession with the following admonition: 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 weigh
his actions according to the sworn promises he makes when taking the lawyer's
oath. If all lawyers conducted themselves strictly according to the lawyer's oath and
the Code of Professional Responsibility, the administration of justice will
undoubtedly be faster, fairer and easier for everyone concerned.
Collantes v Renomeron
Facts: This complaint for disbarment is relative to the administrative case filed by
Atty. Collantes, house counsel for V& G Better Homes Subdivision, Inc. (V&G),
against Atty. Renomeron, Register of Deeds of Tacloban City, for the latters irregular
actuations with regard to the application of V&G for registration of 163 pro forma
Deed of Absolute Sale with Assignment (in favor of GSIS) of lots in its subdivision.
Although V&G complied with the desired requirements, respondent suspended the
registration of the documents with certain special conditions between them,
which was that V&G should provide him with weekly round trip ticket from Tacloban
to Manila plus P2,000.00 as pocket money per trip, or, in lieu thereof, the sale of
respondents Quezon City house and lot by V&G or GSIS representatives.
Eventually, respondent formally denied the registration of the documents. He
himself elevated the question on the registrability of the said documents to
Administrator Bonifacio (of the National Land Titles and Deeds Registration
Administration-NLTDRA). The Administrator then resolved in favor of the
registrability of the documents. Despite the resolution of the Administrator, the
respondent still refused the registration thereof but demanded from the parties
interested the submission of additional requirements not adverted in his previous
denial.
The issue in this disbarment proceeding is whether the respondent register of
deeds, as a lawyer, may also be disciplined by this Court for his malfeasances as a
public official. The answer is yes, for his misconduct as a public official also
constituted a violation of his oath as a lawyer.
The lawyer's imposes upon every lawyer the duty to delay no man for money or
malice. The lawyer's oath is a source of his obligations and its violation is a ground
for his suspension, disbarment or other disciplinary action.
RE:
DISBARMENT
GUTIERREZ)
PROCEEDINGS
AGAINST
ATTY.
DIOSDADO
Q.
Under section 5 of Rule 127 a member of the bar may be removed or suspended
from his office as attorney by the Supreme Court by reason of his conviction of a
crime involving moral turpitude. Murder is, without doubt, such a crime. The term
"moral turpitude" includes everything which is done contrary to justice, honesty,
modesty or good morals.
ISSUE: The only question to be resolved is whether or not the conditional pardon
extended to respondent places him beyond the scope of the rule on disbarment
aforecited.
HELD: Reliance is placed by him squarely on the Lontok case. The respondent
therein was convicted of bigamy and thereafter pardoned by the Governor-General.
In a subsequent proceeding for his disbarment on the ground of such conviction,
this Court decided in his favor and held: "When proceedings to strike on attorney's
name from the rolls are founded on, and depend alone, on a statute making the fact
of a conviction for a felony ground for disbarment, it has been held that a pardon
operates to wipe out the conviction and is a bar to any proceeding for the
disbarment of the attorney after the pardon has been granted."
It is our view that the ruling does not govern the question now before us. In making
it the Court proceeded on the assumption that the pardon granted to respondent
Lontok was absolute.
The pardon granted to respondent here is not absolute but conditional, and merely
remitted the unexecuted portion of his term. It does not reach the offense itself,
unlike that in Ex parte Garland, which was "a full pardon and amnesty for all
offenses by him committed in connection with the rebellion (civil war) against the
government of the United States." The foregoing considerations render In re Lontok
inapplicable here. Respondent Gutierrez must be judged upon the fact of his
conviction for murder without regard to the pardon he invokes in defense. The crime
was qualified by treachery and aggravated by its having been committed in band,
by taking advantage of his official position (respondent being municipal mayor at
the time) and with the use of a motor vehicle. People vs. Diosdado Gutierrez, supra.
The degree of moral turpitude involved is such as to justify his being purged from
the profession.
WHEREFORE, pursuant to Rule 127, Section 5, and considering the nature of the
crime for which respondent Diosdado Q. Gutierrez has been convicted, he is ordered
disbarred and his name stricken from the roll of lawyers.|||
Instead of answering the complaint against her, Gloria Pajares, however, moved for
a bill of particulars praying the inferior court to require the Udharam Bazar & Co. to
itemize the kinds of goods which she supposedly purchased from the said company,
the respective dates they were taken and by whom they were received as well as
their purchase prices, alleging that without this bill she would not be able to meet
the issues raised in the complaint.
After due hearing, the inferior court denied the motion of Gloria Pajares for a bill of
particulars. Her motion for reconsideration having been denied too by the said
court, she then brought the incident on certiorari to the Court of First Instance of
Manila, alleging in support of her petition that in denying her motion for a bill of
particulars, the respondent judge acted in grave abuse of discretion.
ISSUE: Whether or not the respondent judge erred denying the petitioners bill of
particulars?
HELD: No error was therefore committed by the lower court in summarily
dismissing appellant's petition for certiorari against respondent judge's order
denying her motion for a bill of particulars, as pretended by appellant in her lone
assignment of error. Well may we apply to this appeal, the words of Mr. Justice J.B.L.
Reyes in an analogous case, 2 that "the circumstances surrounding this litigation
definitely prove that appeal is frivolous and a plain trick to delay payment and
prolong litigation unnecessarily. Such attitude deserves condemnation, wasting as it
does, the time that the courts could well devote to meritorious cases."Here, this
simple collection case has needlessly clogged the court dockets for over seven
years. Had appellant been but prudently advised by her counsel to confess
judgment and ask from her creditor the reasonable time she needed to discharge
her lawful indebtedness, the expenses of litigation that she has incurred by way of
filing fees in the Court of First Instance, premiums for her appeal bond, appellate
court docket fees, printing of her appellant's brief, and attorney's fees would have
been much more than sufficient to pay off her just debt to appellee. Yet, here she
still remains saddled with the same debt, burdened by accumulated interests, after
having spent uselessly much more than the amount in litigation in this worthless
cause. As we recently said in another case, 3 the cooperation of litigants and their
attorneys is needed so that needless clogging of the court dockets with
unmeritorious cases may be avoided. There must be more faithful adherence to
Rule 7, section 5 of the Rules of Court which provides that "the signature of an
attorney constitutes a certificate by him that he has read the pleading and that to
the best of his knowledge, information and belief, there is good ground to support
it; and that it is not interposed for delay" and expressly admonishes that "for a
willful violation of this rule an attorney may be subjected to disciplinary action."
People vs. Rosqueta Jr.
Facts: Rosqueta Jr and two others were convicted of a crime. They appeal their
conviction until it reached the Supreme Court. Their lawyer (counsel de parte), Atty.
Gregorio Estacio, failed to file their Brief. And so the Supreme Court ordered Atty.
Estacio to show cause why he should not be disciplined for failure to file said Brief.
Atty. Estacio failed yet again to submit his explanation. The Supreme Court then
suspended him from the practice of law except for the purpose of filing the Brief in
this particular case. Atty. Estacio then filed a Motion for Reconsideration where he
explained that he did actually prepare an explanation the same being left with
Rosqueta Sr (father of accused) for the latter to mail it. But then Rosqueta Sr.s
house burned down together with the explanation. He only came to know of this
fact when he was preparing for the Motion for Reconsideration. Atty. Estacio also
explained that his clients are withdrawing their appeal by reason of their failure to
raise the needed fund for the appeal.
Issue of the Case: Whether or not Atty. Estacios suspension should continue.
Ruling of the Court: No. His liability is mitigated. But the Supreme Court noted
that Atty. Estacio has been irresponsible, has been negligent and inattentive to his
duty to his clients. Atty. Estacio should be aware that even in those cases where
counsel de parte is unable to secure from his clients or from their near relatives the
amount necessary to pursue the appeal that does not necessarily conclude his
connection with the case. He should be aware that in the pursuance of the duty
owed this Court as well as to a client, he cannot be too casual and unconcerned
about the filing of pleadings. It is not enough that he prepares them; he must see to
it that they are duly mailed. Such inattention as shown in this case is inexcusable.
DE ROY and RAMOS, vs. COURT OF APPEALS and LUIS BERNAL, SR. et al.
August 1, 1985, the trial court ordered the defendants therein jointly and severally
to pay the PPA the amount of P1, 053,300.00 representing actual damages and the
costs of suit. 5
ISSUE: The defendants appealed to the Court of Appeals and raised the following
issues: (1) is the pilot of a commercial vessel, under compulsory pilotage, solely
liable for the damage caused by the vessel to the pier, at the port of destination, for
his negligence? And (2) would the owner of the vessel be liable likewise if the
damage is caused by the concurrent negligence of the master of the vessel and the
pilot under a compulsory pilotage?
HELD: As stated at the outset, respondent appellate court affirmed the findings of
the court a quo except that if found no employer-employee relationship existing
between herein private respondents Manila Pilots' Association (MPA, for short) and
Capt. Gavino.
Petitioner asserts that since the MV PAVLODAR was under compulsory pilotage at
the time of the incident, it was the compulsory pilot, Capt. Gavino, who was in
command and had complete control in the navigation and docking of the vessel. It is
the pilot who supersedes the master for the time being in the command and
navigation of a ship and his orders must be obeyed in all respects connected with
her navigation. Consequently, he was solely responsible for the damage caused
upon the pier apron, and not the owners of the vessel. It claims that the master of
the boat did not commit any act of negligence when he failed to countermand or
overrule the orders of the pilot because he did not see any justifiable reason to do
so. In other words, the master cannot be faulted for relying absolutely on the
competence of the compulsory pilot. If the master does not observe that a
compulsory pilot is incompetent or physically incapacitated, the master is justified
in relying on the pilot.
ISSUE: Whether or not the actions of the counsels of FESC (Del Rosario and Del
Rosario Law Firm) and PPA (OSG) constitute forum shopping?
HELD: YES. Sec. 2, Rule 42 of the 1997 Rules of Civil Procedure incorporates the
former Circular No. 28-91 which provided for what has come to be known as the
certification against forum shopping as an additional requisite for petitions filed with
the Supreme Court and the Court of Appeals, aside from the other requirements
contained in pertinent provisions of the Rules of Court therefor, with the end in view
of preventing the filing of multiple complaints involving the same issues in the
Supreme Court, Court of Appeals or different divisions thereof or any other tribunal
or agency.
The records show that the law firm of Del Rosario and Del Rosario through its
associate, Atty. Herbert A. Tria, is the counsel of record for FESC in both G.R. No.
130068 and G.R. No. 130150. Inasmuch as MPA's petition in G.R. No. 130150 was
posted by registered mail on August 29, 1997 and taking judicial notice of the
average period of time it takes local mail to reach its destination, by reasonable
estimation it would be fair to conclude that when FESC filed its petition in G.R. No.
130068 on September 26, 1997, it would already have received a copy of the
former and would then have knowledge of the pendency of the other petition
initially filed with the First Division. It was therefore incumbent upon FESC to inform
the Court of that fact through its certification against forum shopping. For failure to
make such disclosure, it would appear that the aforequoted certification
accompanying the petition in G.R. No. 130068 is defective and could have been a
ground for dismissal thereof.
As between the lawyer and the courts, a lawyer owes candor, fairness and good
faith to the court. 26 He is an officer of the court exercising a privilege which is
indispensable in the administration of justice. 27 Candidness, especially towards the
courts, is essential for the expeditious administration of justice. Courts are entitled
to expect only complete honesty from lawyers appearing and pleading before
them. 28 Candor in all dealings is the very essence of honorable membership in the
legal profession. 29 More specifically, a lawyer is obliged to observe the rules of
procedure and not to misuse them to defeat the ends of justice. 30 It behooves a
lawyer, therefore, to exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice. 31 Being an officer of the court, a
lawyer has a responsibility in the proper administration of justice. Like the court
itself, he is an instrument to advance its ends the speedy, efficient, impartial,
correct and inexpensive adjudication of cases and the prompt satisfaction of final
judgments. A lawyer should not only help attain these objectives but should likewise
avoid any unethical or improper practices that impede, obstruct or prevent their
realization, charged as he is with the primary task of assisting in the speedy and
efficient administration of justice. 32
Counsel for PPA did not make matters any better. Despite the fact that, save for the
Solicitor General at the time, the same legal team of the Office of the Solicitor
General (OSG, for short) composed of Assistant Solicitor General Roman G. Del
Rosario and Solicitor Luis F. Simon, with the addition of Assistant Solicitor General
Pio C. Guerrero very much later in the proceedings, represented PPA throughout the
appellate proceedings in both G.R. No. 130068 and G.R. No. 130150 and was
presumably fully acquainted with the facts and issues of the case, it took the OSG
an inordinately and almost unreasonably long period of time to file its comment,
thus unduly delaying the resolution of these cases. It took several changes of
leadership in the OSG from Silvestre H. Bello III to Romeo C. dela Cruz and,
finally, Ricardo P. Galvez before the comment in behalf of PPA was finally filed.
Another thing that baffles the Court is why the OSG did not take the initiative of
filing a motion for consolidation in either G.R. No. 130068 or G.R. No. 130150,
considering its familiarity with the background of the case and if only to make its job
easier by having to prepare and file only one comment. It could not have been
unaware of the pendency of one or the other petition because, being counsel for
respondent in both cases, petitioner is required to furnish it with a copy of the
petition under pain of dismissal of the petition for failure otherwise. We find here a
lackadaisical attitude and complacency on the part of the OSG in the handling of its
cases and an almost reflexive propensity to move for countless extensions, as if to
test the patience of the Court, before favoring it with the timely submission of
required pleadings.
It must be emphasized that the Court can resolve cases only as fast as the
respective parties in a case file the necessary pleadings. The OSG, by needlessly
extending the pendency of these cases through its numerous motions for extension,
came very close to exhausting this Court's forbearance and has regrettably fallen
short of its duties as the People's Tribune. The OSG is reminded that just like other
members of the Bar, the canons under the Code of Professional Responsibility apply
with equal force on lawyers in government service in the discharge of their official
tasks.
These ethical duties are rendered even more exacting as to them because, as
government counsel, they have the added duty to abide by the policy of the State
to promote a high standard of ethics in public service. Furthermore, it is incumbent
upon the OSG, as part of the government bureaucracy, to perform and discharge its
duties with the highest degree of professionalism, intelligence and skill and to
extend prompt, courteous and adequate service to the public.
MISAMIN VS. SAN JUAN
FACTS: Respondent Atty. Miguel San Juan, as noted in the Report of the SolicitorGeneral, "admits having appeared as counsel for the New Cesar's Bakery in the
proceeding before the NLRC while he held office as captain in the Manila
Metropolitan Police. However, he contends that the law did not prohibit him from
such isolated exercise of his profession. He contends that his appearance as
counsel, while holding a government position, is not among the grounds provided by
the Rules of Court for the suspension or removal of attorneys. The respondent also
denies having conspired with the complainant Misamin's attorney in the NLRC
proceeding in order to trick the complainant into signing an admission that he had
been paid his separation pay. Likewise, the respondent denies giving illegal
protection to members of the Chinese community in Sta. Cruz, Manila.
ISSUE: Whether or not an administrative case against defendant should prosper
HELD: The Supreme Court ruled in the negative. That the matter to be decided
should be through an administrative proceeding as noted in the recommendation of
the Solicitor General. The Report of the Solicitor-General did not take into account
respondent's practice of his profession notwithstanding his being a police official, as
"this is not embraced in Section 27, Rule 138 of the Revised Rules of Court which
provides the grounds for the suspension or removal of an attorney. The respondent's
appearance at the labor proceeding notwithstanding that he was an incumbent
police officer of the City of Manila may appropriately be referred to the National
Police Commission and the Civil Service Commission.
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