Code of Professional Responsibility

Rule 1.02 - A lawyer shall not counsel or abet activities

aimed at defiance of the law or at lessening confidence in
the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or

interest, encourage any suit or proceeding or delay any
man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid,

end or settle a controversy if it will admit of a fair
settlement.
Code of Professional Responsibility

Rule 1.02 - A lawyer shall not counsel

or abet activities aimed at defiance of
the law or at lessening confidence in
the legal system.
Code of Professional Responsibility

Rule 1.02 - A lawyer shall not

counsel or abet activities aimed at
defiance of the law or at lessening
confidence in the legal system.

Donton v. Atty. Tansingco, A.C. No. 6057, June 27,

2006
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Donton v. Atty. Tansingco, A.C. No. 6057,

June 27, 2006
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.
Facts:
Peter Donton filed a complaint against Atty. Emmanuel
Tansingco, as the notary publicwho notarized the Occupancy
Agreement, and against others (Duane Stier, and EmelynManggay)
for estafa thru falsification of public document.A disbarment
complaint filed by petitioner on May 20, 2003 against respondent
Atty.Emmanual O. Tansingco for serious misconduct and deliberate
violation of Canon 1, Rule 1.01and 1.02 of the Code of Professional
Responsibility arose when respondent Atty. Tansingcofiled a counter-
charge of perjury against Donton.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Atty. Tansingco in his complaint stated that he prepared and

notarized the OccupancyAgreement at the request of Mr. Stier, an
owner and long-time resident of a real propertylocated at Cubao,
Quezon City. Since Mr. Stier is a U.S. Citizen and thereby disqualified
to ownreal property in his name, he agreed that the property be
transferred in the name of Mr.Donton, a Filipino.
Donton averred that Atty. Tansingco’s act of preparing the Occupancy
Agreement,
despite knowledge that Stier is a foreign national, constitutes serious
misconduct and is adeliberate violation of the Code. Donton prayed
that Atty. Tansingco be disbarred.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence
in the legal system.

Atty. Tansingco claimed that complainant Donton filed

disbarment case against himupon the instigation of
complainant ’s counsel, Atty. Bonifacio A. Aletajan, because he
refused toact witness in the criminal case against Stier and
Manggay.
In Resolution dated October 1, 2003, the court referred the
matter to the IBP forinvestigation, report and
recommendation and for which the latter, through
CommissionerMilagros San Juan of the IBP Commission of
Discipline recommended suspension from thepractice of law
for two years and cancellation of his commission as Notary
Public.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

The IBP Board of Governors adopted, with modification, the Report

and recommendedrespondent ’s suspension from the practice of law
for six months.The report was then forwarded to SC as mandated
under Section 12(b), Rule 139-B ofthe Rules of Court.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Issue: Whether or Not Atty. Tansingco is guilty of

serious misconduct?
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.

Ruling:
Yes. Atty. Tansingco is liable for violation of Canon 1
and Rule 1.02 of the Code. The Court ruled that a
lawyer should not render any service or give advice
to any client which will involve defiance of the laws
which he is bound to uphold and obey. A lawyer
who assists a client in a dishonest scheme or who
connives in violating law commits an act which
justifies disciplinary action against the lawyer.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.

Ruling:
Atty. Tansingco had sworn to uphold the
Constitution. Thus, he violated his oath and the Code
when he prepared and notarized the Occupancy
Agreement to evade the law against foreign
ownership of lands. Atty. Tansingco used his
knowledge of the law to achieve an unlawful end.
Such an act amounts to malpractice in his office, for
which he may be suspended. As such, respondent is
being suspended for six (6) months.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.
Code of Professional Responsibility
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of
the law or at lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man's cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.