PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS

SEPTEMBER 2014

Title of the Case / Date of the Problem Areas Canons violated Penalty Imposed by the
Decision Court
Jose S. Villanueva vs. Atty. Paulino I. ● Simple Misconduct for demanding from ● Code of Conduct for Court ●SUSPENSION from
Saguyod, Clerk of Court VI, RTC, complainant the amount P3,000 as ●Personnel and of Section 4(e) of service for 3 months for
Branch 6, Paniqui, Tarlac commissioner’s fee and appearance fee in Land RA No.6713 otherwise known as Simple Misconduct
A.M. No. P-13-3102 Case Nos. 021-P06 and 020-P06. the Code of Conduct and Ethical ●ADMONISHED and
September, 8, 2014 Standards for Public Officials and STERNLY WARNED for
Employees. violation of the Code of
Conduct for Court
Personnel and of Sec.4(e)
of RA No.6713

Melody R. Nery vs. Atty. Glicerio A. ●Guilty of malpractice for making Nery believe ●Code of Responsibility ●SUSPENSION from the
Sampana that he already filed the petition for adoption and practice of law for 3 years
A.C.No. 10196 for failing to file the petition despite receiving his with STERN WARNING.
September 09, 2014 legal fees.
Presiding Judge Jose L. Madrid, RTC, ●Filing frivolous administrative and criminal ●Rule 1.03, Canon 1 of the Code of ●SUSPENSION from the
Branch 51, Sorsogon City vs. Atty. complaints against judges and court personnel Responsibility practice of law for 1 year
Juan S. Dealca including Judge Madrid. ●Rule 11.04, Canon 11 of the Code with a STERN WARNING.
A.C. No.7474 ●Filing of motion to inhibit Judge Madrid which of Responsibility
September 09, 2014 was devoid of factual or legal basis and was
grounded on purely personal whims.

Imelda Cato Gaddi vs. Atty. Lope ●Complainant did not appear before Respondent ●2004 Rules on Notarial Practice ●SUSPENSION from the
Velasco to have her handwritten admission notarized. and the Code of Professional practice of law for 1 year.
A.C. No. 8637 ●Identification cards presented by Velasco were Responsibility. ●REVOCATION of his
September 15, 2014 computer-generated from the BLSS office, since notarial commission
the portion of the notarial certificate listing the ●PROHIBITED from being
evidence of identity was left blank. commissioned as a notary
public for 2 years with a
STERN WARNING.

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 PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
SEPTEMBER 2014

Title of the Case / Date of the Problem Areas Canons violated Penalty Imposed by the
Decision Court
Mariano R. Cristobal vs. Atty. ● Failure to file the petition for recognition and ● Rule 18.03, Canon 18 of the Code ● REPRIMANDED with a
Ronaldo E. Renta return the amount of P160,000 despite demand of Professional Responsibility STERN WARNING.
A.C. No. 9925 from complainant.
September 17, 2014
Felipe B. Almazan, Sr.vs. Atty. ●Guilty of Malpractice as a notary public ●Rule 1.01, Canon 1 of the Code of ●SUSPENSION from the
Marcelo B. Suerte-Felipe ●Notarized the acknowledgment of the subject Professional Responsibility. practice of law for 6
A.C. No.7184 document entitled “Extrajudicial Settlement of ●Violation of the lawyer’s oath months with a STERN
September 17, 2014 the Estate of the Decease Juliana P. Vda de Nieva WARNING.
despite not having been registered as a notary ●DISQUALIFIED from being
public for the City of Marikina. commissioned as a notary
public for a period of 1
year
●REVOCATION of his
notarial commission
Rebecca Marie Uy Yupangco-Nakpi ●Serious misconduct ●Rule 1.01, Canon 1 of the Code of ●A FINE of P15,000 with a
vs. Atty.Roberto L. Uy ●Respondent lacked the good moral character Professional Responsibility. STERN warning
A.C. No. 9115 required from members of the Bar when he failed
September 17, 2014 to comply the demands of Rebecca under the
subject trust agreement, not to mention his
unworthy and deceitful acts of mortgaging the
subject property without the former’s consent.
CF Sharp Crew Mgt. Inc. vs. Nicolas C. ●Misappropriated complainant’s money when, in ●Rule 1.01, Canon 1 of the Code ●DISBARRED from the
Torres his capacity as the legal and claims manager of Professional Responsibility practice of law.
A.C. No. 10438 Complainant, Respondent is repeatedly ●Rule 16.01 and 16.03, Canon 16 of ●Name STRICKEN OFF
September 23, 2014 requesting the issuance of checks purportedly for the Code of Professional from the roll of attorneys.
the purpose of settling seafarer’s claim against Responsibility.
the complainant’s various principals, only to have
such checks deposited to an unauthorized bank
account particularly International Exchange Bank

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Title of the Case / Date of the
Decision
Re: Allegations made under oath at
the Senate Blue Ribbon Committee
hearing held on September 26, 2013
against Associate Justice Gregory S.
Ong, Sandiganbayan
A.M.N0.SB-14-21-J
September 23, 2014
Conrado Abe Lopez, represented by
Atty. Romualdo Jubay vs. Judge
Rogelio S. Lucmayon, MTCC, Branch
1, Mandaue City, Cebu
A.M. No. MTJ-13-1837
September 24, 2014
Rolando Viray vs. Atty. Eugenio T.
Sanicas
A.C.No. 7337
September 29, 2014
PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
SEPTEMBER 2014
Problem Areas Canons violated Penalty Imposed by the
Court
● Guilty of Gross misconduct, dishonesty during the pendency ● New code of Judicial Conduct for ●DISMISSED from service,
of the Kevlar case and impropriety on account of his dealing the Philippine Judiciarys with forfeiture of all
and socializing with Napoles after her acquittal in the said case. retirement benefits, except
- Respondent acted as contact of Napoles in connection with accrued leave credits, if any,
the Kevlar case while it was pending in the Sandiganbayan and with prejudice to re-
Fourth Division wherein he is the Chairman; employment in any branch,
- Fixed the “Kevlar Case” resulting Napoles acquittal. agency or instrumentality of
- Received an undetermined amount of money from Napoles the government including
prior to promulgation of the decision in the “Kevlar case”, thus, government-owned or
she was sure of her acquittal; controlled corporations.
- Respondent visited Napoles in her office where she handed
to him 11 check totaling P3,102,000.00 as advance interest for
his P25.5M BDO check she deposited in her personal account.
- Respondent attended Napoles’ parties and was
photographed with Senator Estrada and Napoles.
●Respondent Judge served as attorney-in-fact and in effect ●Rule 5.06 of the Code of Judicial ●A FINE of P30,000 with a
acted as the complainant’s fiduciary in direct and patent conduct which prohibits a judge STERN WARNING.
violation of the prohibition against judges in violation of Rule from serving as executor,
5.06 of the Code of Judicial Conduct; administrator, trustee, guardian or
●Impropriety other fiduciary except when the
estate belongs to or the ward is a
member of his immediate family.
●Gross misconduct. ●Rule 16.01 and Rule 16.03 of ●SUSPENSION from the
●On 9 separate occasions, Respondent Atty. Sanicas received the Code of Professional practice of law for 1 year
payments for attorney’s fees and partial payments for Responsibility with a WARNING.
monetary awards on behalf of complainant from Spouses
Lopez without informing the said complainants. It was only
when an Alias Writ of Execution was issued and being
implemented when Complainant discovered that Sps. Lopez
had already given the P95,000.00 as partial payment for the
monetary awards granted to him by the labor tribunal.