The Lawyer and the Client

OTHER SANCTIONS-Payment of legal Services

CASE TITLE
56. CZARINA T. MALVAR, Petitioner, vs. KRAFT FOOD PHILS., INC. and/or BIENVENIDO
BAUTISTA, KRAFT FOODS INTERNATIONAL, Respondents.
Canons violated:
N/A
How violated:
N/A
Brief discussion

Malvar wanted to avoid payment of legal services to the Law firm so she terminated its services
stating it was inadequate. However, In the absence of a lawyer’s fault, consent or waiver, a
client cannot deprive the lawyer of his just fees. Here, Malvar not only downplayed the worth
of the Intervenor’s legal service to her but also attempted to camouflage her intent to defraud
her lawyer by offering excuses that were not only inconsistent with her actions but, most
importantly, fell short of being justifiable.

Other sanctions if any

Malvar and Kraft Food Philippines Inc. and Kraft Foods International to jointly and severally pay
to Intervenor Law Firm, represented by Retired Associate Justice Josue N. Bellosillo its
stipulated contingent fees of 10% of ₱41,627,593.75, and the further sum equivalent to 10% of
the value of the stock option

DISBARMENT
CASE TITLE
57. ROLANDO B. PACANA, JR., ATTY. MARICEL PASCUAL-LOPEZ
Canon violated/ other if any
Canon 15- Conflict of interest Rule
Lawyers Oath

Brief Discussion
Atty. Maricel Pascual-Lopez must have known that her act of constantly and actively
communicating with Pacana, who, at that time, was beleaguered with demands from investors
of Multitel, eventually led to the establishment of a lawyer-client relationship.
Atty. Pascual-Lopez cannot shield herself from the inevitable consequences of her actions by
simply saying that the assistance she rendered to Pacana was only in the form of friendly
accommodations. There is conflict of interest since Atty. Pascual-Lopez represents Multitel and
renders legal services to Pacana. She was disbarred despite of her voluntary termination of her
IBP membership.
DISBARMENT
CASE TITLE
58. JESSIE R. DE LEON v. ATTY. EDUARDO G. CASTELO
CANONS VIOLATED:
N/A
Brief Discussion:
De Leon questions the pleading that Atty. Castelo made. It was claimed that Attorney Castelo
misrepresented Spouses Lim Hio and Dolores Chu because their names appeared as a party in
the pleading notwithstanding that they were already deceased. However, a plain reading of Atty.
Castelo’s pleading shows that no misrepresentation was intended because attorney disclosed
that the spouses were deceased. The complainant initiated was possibly for the sake of harassing
attorney either to vex him for taking the cudgels for his clients in connection with a Civil Case.
Other Sanctions:
N/A