III.

Duties and Responsibilities of a Lawyer

A. To society

1. Respect for law and legal processes

Re: Financial Audit of Atty. Raquel G. Kho

Facts:
Atty. Kho is a former clerk of court of the RTC in Eastern Samar.
He was found guilty of gross misconduct for his failure to make a
timely remittance of judiciary funds in his custody. She was fined
P10k. Since his malfeasance prima facie contravened Canon 1,
Rule 1.01 of the Code of Professional Responsibility, the Supreme
Court ordered him to show cause why he should not be disciplined
as a lawyer and as an officer of the court. In his explanation, Atty.
Kho admitted that his failure to make a timely remittance of the
cash deposited with him was inexcusable. He maintained, however,
that he kept the money in the court’s safety vault and never once
used it for his own benefit.

Issue:
Whether Atty. Kho is guilty of violating Canon 1, Rule 1.01.

Held:
Atty. Kho’s apparent good faith and his ready admission of the
infraction, although certainly mitigating, cannot negate the fact
that his failure to remit P65,000 in judiciary funds for over a year
was contrary to the mandatory provisions of OCA Circular 8A-93.
That omission is a breach of his oath to obey the laws as well as
the legal orders of the duly constituted authorities and of his duties
under Canon 1, Rule 1.01 of the Code of Professional
Responsibility.
Canon 1 - A lawyer shall uphold the constitution, obey the laws of
the land and promote respect for law and for legal processes
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
As servants of the law and officers of the court, lawyers are
required to be at the forefront of observing and maintaining the
rule of law. They are expected to make themselves exemplars
worthy of emulation.
The least a lawyer can do in compliance with Canon 1 is to refrain
from engaging in unlawful conduct. By definition, any act or
omission contrary to law is unlawful. It does not necessarily imply
the element of criminality although it is broad enough to include it.
Thus, the presence of evil intent on the part of the lawyer is not
essential in order to bring his act or omission within the terms of
Rule 1.01 which specifically prohibits lawyers from engaging in
unlawful conduct.
Atty. Kho’s conduct was not only far from exemplary, it was
unlawful as well. For this, he must be called to account. Atty. Kho
is ordered to pay FINE of P5,000.00. (Re: Financial Audit Of Atty.
Raquel G. Kho, A.M. No. P-06-2177, April 19, 2007)

Chua vs. Mesina

A.C. No. 4904. August 12, 2004

Facts: Complainants Ana Alvaran Chua and Marcelina Hsia

administratively charged respondent Atty. Simeon M. Mesina, Jr.,
for breach of professional ethics, gross professional misconduct,
and culpable malpractice.
Complainants were lessees of the property of respondent's mother.
Respondent's mother defaulted in paying a loan that she obtained
in a bank, thus respondent convinced complainants to help her
mother if paying the said obligation, to which the complainants
acceded. It was agreed among that that in consideration for the
act of complainants, the property which they are leasing will be
transferred to their name. The complainants complied with the
terms of the agreement. A deed of sale concerning such property
was executed.
However, to evade liability for paying capital gains tax, respondent
instructed complainants to execute another deed of sale which will
be antedated 1979, wherein the capital gains tax was not yet in
effective.
Subsequently, after the execution of the deed of sale, respondents
instructed his clients [complainants] to execute a simulated deed
of sale which will reflect that the property was re-conveyed to his
mother.
The cunning acts of respondent did not end there. Respondent
went to the house of complainants and got the owners certificate
of title of the said property which is still under the name of her
mother. He promised to the complainants that he will process the
transfer of the property to their name. Years passed, but
respondent never returned the said title to the complainants.
Meanwhile, another lessee file a criminal case against the
complainants and respondents for falsification. He claims that was
also given the promise that the property will be offered to him
before it will be sold to another, but respondents sold it to
complainants without offering to him. Because of the foregoing
circumstances, complainants filed an administrative case against
respondent.

Issue:
Whether or not respondent is guilty of gross misconduct.

Held:
Yes, said the Court- "This Court finds that indeed, respondent is
guilty of gross misconduct.
First, by advising complainants to execute another Deed of
Absolute Sale antedated to 1979 to evade payment of capital gains
taxes, he violated his duty to promote respect for law and legal
processes, and not to abet activities aimed at defiance of the law;
That respondent intended to, as he did defraud not a private party
but the government is aggravating.
Second, when respondent convinced complainants to execute
another document, a simulated Deed of Absolute Sale wherein they
made it appear that complainants reconveyed the Melencio
property to his mother, he committed dishonesty.
Third, when on May 2, 1990 respondent inveigled his own clients,
the Chua spouses, into turning over to him the owner’s copy of his
mother’s title upon the misrepresentation that he would, in four
months, have a deed of sale executed by his mother in favor of
complainants, he likewise committed dishonesty.
That the signature of “Felicisima M. Melencio” in the 1985
document and that in the 1979 document are markedly different is
in fact is a badge of falsification of either the 1979 or the 1985
document or even both.
A propos is this Court’s following pronouncement in Nakpil v.
Valdez:
As a rule, a lawyer is not barred from dealing with his client but
the business transaction must be characterized with utmost
honesty and good faith. The measure of good faith which an
attorney is required to exercise in his dealings with his client is a
much higher standard that is required in business dealings where
the parties trade at “arm’s length.” Business transactions between
an attorney and his client are disfavored and discouraged by the
policy of the law. Hence, courts carefully watch these transactions
to assure that no advantage is taken by a lawyer over his client.
This rule is founded on public policy for, by virtue of his office, an
attorney is in an easy position to take advantage of the credulity
and ignorance of his client. Thus, no presumption of innocence or
improbability of wrongdoing is considered in an attorney’s favor.
Respondent having welched on his promise to cause the
reconveyance of the Melencio property to complainants,
consideration of whether he should be ordered to honor such
promise should be taken up in the civil case filed for the purpose,
the issue there being one of ownership while that in the case at bar
is moral fitness.
Respondent ATTY. SIMEON M. MESINA, JR. is, for gross
misconduct, hereby DISBARRED.

Stemmerik vs Mas

FACTS:
Stemmerik is a citizen and resident of Denmark. In one of his trips
in the Philippines, he met Atty. Mas. Since he was marveled at the
beauty of the country, he wanted to buy a real property and
consulted Atty. Mas. The latter told Stemmerik that he could legally
acquire a real property in the Phils. And even suggested an 86K
hectare land in Subic, Zambales. Atty. Mas, as the atty.-in-fact of
Stemmerik bought the property from a certain Bonifacio de Mesa.
The contract to sell provided that De Mesa sold the property to
Ailyn Gonzales for 3.8M. Then, in another notarized deed made by
Atty. Mas, it was stated that Gonzales received the funds from
Stemmerik. In preparing all these documents, Atty. Mas received
400K fee from Stemmerik. The latter also gave Atty. Mas, the3.8M
purchase price to which the latter issued a receipt. Suddenly, Atty.
Mas become scarce and no longer answer the calls of Stemmerik.
When Stemmerik visited the Phils, he engaged the service of the
Fernandez Law Office and found out the subject property is
inalienable, being located in the former U.S. military reservation.
Also, he was apprised that aliens cannot own real properties in the
Phils. Meanwhile, Atty. Mas had already abandoned his office and
his whereabouts is unknown. Stemmerik filed an action for
disbarment against Atty. Mas before the Commission on Bar
Discipline but Atty. Mas never appeared.

Issue:
WON Atty. Mas should be disbarred?

HELD: YES.
Lawyers, as members of a noble profession, have the duty to
promote respect for the law and uphold the integrity of the bar. As
men and women entrusted with the law, they must ensure that the
law functions to protect liberty and not as an instrument of
oppression or deception. Respondent has been weighed by the
exacting standards of the legal profession and has been found
wanting.
Respondent committed a serious breach of his oath as a lawyer.
He is also guilty of culpable violation of the Code of Professional
Responsibility, the code of ethics of the legal profession.
By making it appear that de Mesa undertook to sell the property to
complainant and that de Mesa thereafter sold the property to
Gonzales who made the purchase for and in behalf of complainant,
he falsified public documents and knowingly violated the Anti-
Dummy Law.
All lawyers take an oath to support the Constitution, to obey the
laws and to do no falsehood. That oath is neither mere formal
ceremony nor hollow words. It is a sacred trust that should be
upheld and kept inviolable at all times.
Lawyers are servants of the law and the law is their master. They
should not simply obey the laws, they should also inspire respect
for and obedience thereto by serving as exemplars worthy of
emulation. Indeed, that is the first precept of the Code of
Professional Responsibility.
Cordon vs Balicanta
A.C. No. 2797. October 4, 2002

Facts:
Complainant Rosauro Cordon, the widow of Felixberto Jaldon,
inherited properties which amounted to 21 parcels of land. The
lawyer who helped her settle the estate of her late husband was
respondent Atty. Jesus Balicanta. Respondent enticed complainant
and her daughter to organize a corporation that would
develop the said real properties into a high scale commercial
complex with a beautiful penthouse for complainant, which led to
the establishment of Rosaura Enterprises. Balicanta was
simultaneously the President/General Manager/Treasurer. He
made them sign a document which turned out to be a voting trust
agreement plus an SPA to sell and mortgage some of the parcels
of land which he transferred the titles of to a certain Tion Suy Ong.
Respondent never accounted for the proceeds of said transfers.
Using a spurious board resolution, he obtained a loan from Land
bank in the amount of 2.22M PHP secured by 9 of the parcels of
land. The respondent ostensibly intended to use the money to
construct the Baliwasan Commercial Center (BCC, for brevity).
Complainant later on found out that the structure was made of poor
materials such as sawali, coco lumber and bamboo which could not
have cost the corporation anything close to the amount of the loan
secured. He failed to pay a single installment on the loan and
therefore & foreclosed. *e did not attempt to redeem, and sold
the rights to redeem said property. Complainant3s daughter
discovered that their ancestral home had been demolished and that
her mother was detained in a small nipa hut. 4ith the help of an
attorney im she found her mother. They terminated
respondent3s services and threatened him with legal action.
Issue:
Whether respondent should be disbarred
Held:
5es. Respondent committed grave and serious misconduct that
casts dishonor on the legal profession. His misdemeanors reveal a
deceitful scheme to use the corporation as a means to convert for
his own personal benefit properties left to him in trust by
complainant and her daughter. The Code of Professional
Responsibility mandates upon each lawyer, as his duty to society,
the obligation to obey the laws of the land and promote respect for
law and legal processes. specifically, he is forbidden to engage in
unlawful, dishonest, immoral or deceitful conduct. If the practice
of law is to remain an honorable profession and attain its basic
ideal, those enrolled in its ran/s should not only master its tenets
and principles but should also, in their lives, accord continuing
fidelity to them. Thus, the re7uirement of good moral character is
of much greater import, as far as the general public is concerned,
than the possession of legal learning. Lawyers are expected to
abide by the tenets of morality, not only upon admission to the bar
but also throughout their legal career, in order to maintain one3s
good standing in that exclusive and honored fraternity. Good moral
character is more than 8ust the absence of bad character. Such
character expresses itself in the will to do the unpleasant thing if it
is right and the resolve not to do the pleasant thing if it is wrong.
This must be so because 9vast interests are committed to his care:
he is the recipient of unbounded trust and confidence: he deals
with his client3s property, reputation, his life, his all. Good moral
standing is manifested in the duty of the lawyer to hold in trust all
moneys and properties of his client that may come into his
possession.; He is bound to account for all money or property
collected or received for or from the client.; The relation between
an attorney and his client is highly fiduciary in nature. Thus,
lawyers are bound to promptly account for money or property
received by them on behalf of their clients and failure to do so
constitutes professional misconduct.

2. Efficient and convenient legal services (no cases)

3. True, honest, fair, dignified, and objective information on legal
services

LINSANGAN v. TOLENTINO
(A.C. No. 6672, September 4, 2009)

FACTS:

A complaint for disbarment is filed by Pedro Linsangan against Atty.

Nicomedes Tolentino for solicitation of clients and encroachment of
professional services. The complainant alleged that respondent
convinced his clients to transfer legal representation by promising
them financial assistance. The allegations of the complainant were
supported by the sworn affidavit of James Gregorio who attested
to the respondent’s acts of trying to lure him to sever his lawyer-
client relationship with complainant Linsangan. An attached calling
card of the respondent further supported the complaint which
advertised the respondent’s law firm with the term ― ”w/ financial
assistance”.

ISSUE:

Whether or not respondent’s acts are violative of Canon 3 of the

Code of Professional Responsibility.

HELD:
Yes, Canon 3 of the Code of Professional Responsibility states that
― “A lawyer making known his legal services shall use only true,
honest, fair, dignified and objective information or statements of
facts.”

The practice of law is a professions and not a business. Lawyers

should not advertise their talents as merchants advertise their
wares. The act of the respondent in including the phrase ―”with
financial assistance” in his calling card is a conduct of advertising
the legal profession with commercialism and with the purpose of
enticing clients to change counsels through the promise of loans to
finance their legal action. A lawyer need not to advertise the legal
profession in such a manner similar to commercial businesses, a
lawyer’s best advertisement is a well-merited reputation for
professional capacity and fidelity to trust based on his character
and conduct and not through promises of money.

4. Lawyers in government service