Professional Documents
Culture Documents
PRESQUITO,
A.M. No. AC 4762 dated June 28, 2004
FACTS:
ISSUE: Whether or not the respondent failed to act with candor and
fairness towards the complainant.
HELD: YES
1.
2.
3.
4.
The Court finds that by conniving with Gerangco in taking over the
Board of Directors and the GEMASCO facilities, respondent violated
the provisions of the Cooperative Code of the Philippines and the
GEMASCO By-Laws.
He also violated the Lawyers Oath, which provides that a law shall
support the Constitution and obey the laws.
When respondent caused the filing of baseless criminal complaints
against complainant, he violated the Lawyers Oath that a lawyer
shall not wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid or consent to the same.
When, after obtaining an extension of time to file comment on the
complaint, respondent failed to file any and ignored this Courts
subsequent show cause order, he violated Rule 12.03 of the Code
of Professional Responsibility, which states that A lawyer shall not,
after obtaining extensions of the time to file pleadings,
memoranda or briefs, let the period lapse without submitting the
same or offering an explanation for his failure to do so.
The Court notes that respondent had previously been suspended
from the practice of law for six months for violation of the Code of
Professional Responsibility, he having been found to have received
an acceptance fee and misled the client into believing that he had
filed a case for her when he had not.
It appears, however, that respondent has not reformed his ways.
Amore severe penalty this time is thus called for.
Wherefore, respondent, Atty. Oscar P. Paguinto, is SUSPENDED for
two years from thepractice of law for violation of Canon 10 of the
Code of Professional Responsibility and the
Lawyers Oath, effective immediately.
MATTUS V VILLASECA
AC NO 7922, OCT 1. 2013
HELD:
BUGARING V ESPANOL
DE LEON; January 19, 2001
NATURE
Petition for review on certiorari of the Decision dated March 6, 1998 of the
Court of Appeals affirming the decision of the Regional Trial Court of Cavite,
Branch 90, Imus, Cavite, declaring petitioner Rexie Efren A. Bugaring guilty
in direct contempt of court.
FACTS
knows better the Rules of Court; that he was going to move for the
inhibition of the Presiding Judge for allegedly being antagonistic to
his client, and other invectives were hurled to the discredit of the
Court.
ISSUE: WON the contempt order by Judge Espaol had factual basis
HELD: Yes
1.
2.
3.
4.
5.
6.
7.
It was then alleged in the petition that on April 11, 1967, a motion
for reconsideration of the aforesaid order was filed with the
averment that petitioner was not aware of any decision rendered
in the case as no copy of the same had theretofore been furnished
to its counsel.
April 24, 1967 motion for reconsideration was denied
June 14, 1967 - a plea for execution was granted on behalf of
Arbiria andsubsequently the City Sheriff of Manila levied on the
petitioners properties.
The petitioner contends that the infringement of procedural due
process, theactuation of the Commission was either in excess of its
jurisdiction or with graveabuse of discretion.
Issue: WON Atty. Corpuz misused the processes of the Court to delay the
delivery of justice
HELD: YES
Atty. Corpuz refused to receive the copy of the decision of the WCC
and he is now impugning the delivery of the decision to Atty.
Camacho and denying the knowledge of it when in fact and in
truth the delivery of the decision to Atty. Camacho was madeper
his instruction.
An effort was made to serve petitioner with a copy of the decision;
that such effort failed was attributable to the conduct of its own
counsel.
There is no reason why the decision would have been served on
some other counsel if there where no such misinformation, if there
where no such attempt to mislead
It is one thing to exert to the utmost one's ability to protect the
interest of one's client.
It is quite another thing, and this is to put it at its mildest, to take
advantage of any unforeseen turn of events, if not to create one,
to delay if not to defeat the recovery of what is justly due and
demandable, especially so, when as in this case, the obligee is a
necessitous and poverty-stricken man suffering from a dreaded
disease, that unfortunately afflicts so many of our countrymen and
even moreunfortunately requires an outlay far beyond the means
of our poverty stricken masses.
DISPOSITION: Preliminary injunction denied. With treble costs
against petitioner to be paid by his counsel, Attorney Manuel
A.Corpuz
MALONSO V PRINCIPE
TINGA; December 16, 2004
NATURE
Administrative case in the Supreme Court. Disbarment.
FACTS
June 6, 2001 - a complaint for disbarment was filed before the IBP.
Julian Malonso claimed that Atty Principe, without authority
entered his appearance as Malonsos counsel in the expropriation
proceedings initiated by Napocor. After illegally representing him,
Pincipe claimed 40% of the selling price of his land by way of
attorneys fees and in a Motion to Intervene, claimed to be a coowner of Malonsos property.
In the respondets anawer, he claims that the services of his law
office was engaged by Samahan ng mga Dadaanan at
Maapektuhan ng NAPOCOR (SANDAMA) through its president,
Danilo Elfa, as embodied in the Contract of Legal Services
executed on April 1, 19973.
Respondent claims that Malonso is a member of SANDAMA and
that the said member executed an SPA in favor of Elfa which
served as Elfas authority to act in behalf of Malonso
In Malonsos reply, he claimed that he did not authorize Elfa as the
SPA was executed after the Contract of Legal Services. He also
claims that he also had his own lawyer, Atty. Benjamin Mendoza.
Principe counters this argument saying that the agreement is a
continuing one, hence Malonso was within the coverage of the
contract.
According to the findings of the IBP investigator, the Contract of
Legal Services is between SANDAMA as a corporate being and the
respondents law firm.
SANDAMA is not a party in all of the expropriation proceedings
instituted by Napocor, neither does it claim co-ownership of the
properties being expropriated.
It was also found that the SPA was executed by Malonso in favor of
Elfa after the Contract of Legal Services, and the right of
coownership cannot be derived from the said documents.
A contract of legal services between a lawyer and his client is
personal and cannot be performed through intermediaries.
From the evidence presented by both parties, the Investigating
Commissioner found Principe guilty of misrepresentation.
He was found to have violated Canon3, Rule 10, Rule 10.01 and
Rule 12.04. the report recommended the penalty of a 2 year
suspension.
Resolution of the IBP Board of Governors suspended him for 1 year
In his Appeal Memorandum, respondent claims that the Resolution
has no factual and legal basis, the complaint having been
motivated by pure selfishness and greed, and the Resolution itself
invalid for having failed to comply with Rule 139-B of the RoC.
According to the respondent, the Investigating Commissioner
continued to investigate the instant case despite the lapse of three
months provided under Section 8 of Rule 139- B, without any
extension granted by the SC.
Moreover, in the subsequent review made by the IBP Board of
Governors, no actual voting took place but a mere consensus, and
ISSUES
1. WON Atty. Principes suspension in the practice of law
properly arrived at.
2. WON Principe illegally represented the petitioners
HELD
1.
1.
2.
3.
2.
The duty of the courts is not alone to see that lawyers act in a
proper and lawful manner; it is also their duty to see that lawyers
are paid their just and lawful fees.
It is the duty of the Supreme Court to see to it that a lawyer
accounts for his behavior towards the court, his client, his peers in
the profession and the public. However, the duty of the Court is
not limited to disciplining those guilty of misconduct, but also to
protecting the reputation of those wrongfully charged, much more,
those wrongfully found guilty.
On the other hand, the IBP is aimed towards the elevation of the
standards of the law profession, the improvement of the
administration of justice, and the enabling of the Bar to discharge
its public responsibility more effectively.
Despite its duty to police the ranks, the IBP is not exempt from the
duty to promote respect for the law and legal processes and to
abstain from activities aimed at defiance of the law or at lessening
confidence in the legal system.
Respect for law is gravely eroded when lawyers themselves, who
are supposed to be minions of the law, engage in unlawful
practices and cavalierly brush aside the very rules formulated for
their observance.
There are two stages in every action for expropriation.
The first is concerned with the determination by the courts of the
authority of the plaintiff to exercise the power of eminent domain
and the propriety of its exercise in the context of the facts
involved in the suit.
The second phase is concerned with the determination by the
court of the just compensation for the property sought to be taken
which relates to the valuation thereof.
But as it frequently happens, the public purpose dimension is not
as fiercely contested.
Moreover, in their quest to secure what they believe to be the fair
compensation of their property, the owners seek inroads to the
leverages of executive power where compensation compromises
are commenced and given imprimatur.
In this dimension, the services of lawyers different from the
ordinary litigator may prove to be handy or even necessary.
Negotiations are mostly out of court and reliant on the sagacity,
persuasion, patience, persistence and resourcefulness of the
negotiator.
In the instant case, the trial court had already ruled on the
valuation of the properties subject of the expropriation, the same
order which is subject of the appeal filed by the NAPOCOR.
Aware that it might take a long time before the said appeal is
finally resolved, and in view of the delay in the adjudication of the
case, the landowners and NAPOCOR negotiated for a compromise
agreement.
To assist them, the landowners, through SANDAMA and its
president, Danilo Elfa, engaged the services of a lawyer in the
person of respondent. It is clear that respondent was hired
precisely for the negotiation phase of the case.
As a legal entity, a corporation has a personality distinct and
separate from its individual stockholders or members and from
that of its officers who manage and run its affairs.
The rule is that obligations incurred by the corporation, acting
through its directors, officers and employees, are its sole liabilities.
ISSUES
1. WON PNB condoned the balance of the judgment. NO
2. WON a lawyer can appear as both counsel and witness in the same case.
YES BUT WITH PROHIBITION
HELD
1.
2.
apologizing for their actions described and assuring that the acts
would not be repeated.
Atty. Espinas likewise manifested to the Court that he had
explained to the picketers why their actions were wrong and that
the cited persons were willing to suffer such penalty as may be
warranted under the circumstances. He, however, prayed for the
Court's leniency considering that the picket was actually
spearheaded by the leaders of the "Pagkakaisa ng Mang. gagawa
as Timog Katagalogan" (PAMANTIK), an unregistered loose alliance
of about seventy-five (75) unions in the Southern Tagalog area,
and not by either the Union of Filipro Employees or the Kimberly
Independent Labor union.
Atty. Espinas further stated that he had explained to the picketers
that any delay in the resolution of their cam is usually for causes
beyond the control of the Court and that the Supreme Court has
always remained steadfast in its role as the guardian of the
Constitution.
To confirm for the record that the person cited for contempt fully
understood the reason for the citation and that they win abide by
their promise that said incident will not be repeated, the Court
required the respondents to submit a written manifestation to this
effect, which respondents complied with on July 17, 1987
ISSUE: WON the respondents and Atty. Espinas should be held in direct
contempt of Court
HELD: NO.
pressure the Court into acting one way or the other in any case
pending before it. Grievances, if any, must be ventilated through
the proper channels, i.e., through appropriate petitions, motions or
other pleadings in keeping with the respect due to the Courts as
impartial administrators of justice entitled to "proceed to the
disposition of its business in an orderly manner, free from outside
interference obstructive of its functions and tending to embarrass
the administration of justice.
courts and juries, in the decision of issues of fact and law should
be immune from every extraneous influence; that facts should be
decided upon evidence produced in court; and that the
determination of such facts should be uninfluenced by bias,
prejudice or sympathies.
Disposition WHEREFORE, the contempt charges against herein
respondents are DISMISSED. Henceforth, no demonstrations or
pickets intended to pressure or influence courts of justice into
acting one way or the other on pending cases shall be allowed in
the vicinity and/or within the premises of any and all courts.
IN RE DE VERA
TINGA; December 11, 2003
NATURE: Administrative case for disqualification
FACTS
The election for the 16th IBP Board of Governors was set on April
26, 2003, a month prior to the IBP National Convention scheduled
on May 22-24, 2003 in compliance with IBP by laws.
Later on, the outgoing IBP Board reset the elections to May 31,
2003, or after the IBP National Convention.
Respondent De Vera, a member of the Board of Directors of the
Agusan del Sur IBP Chapter in Eastern Mindanao, along with Atty.
P. Angelica Y. Santiago, President of the IBP Rizal Chapter, sent a
letter requesting the IBP Board to reconsider its Resolution.
Their Motion was anchored on two grounds viz.
a. IBP By Laws require the holding of the election of
Regional Governors at least one month prior to the
national convention of the IBP to prevent it from being
politicized since post-convention elections may otherwise
lure the candidates into engaging in unacceptable
political practices, and;
b. holding the election on May 31, 2003 will render it
impossible for the outgoing IBP Board from resolving
protests in the election for governors not later than May
31, 2003, as expressed in the IBP By Laws.
Motion was denied. After the IBP national convention had been
adjourned, Attys. Oliver Owen L. Garcia, Emmanuel Ravanera and
Tony Velez filed a Petition before the IBP Board seeking (1) the
postponement of the election for Regional Governors to the
second or third week of June 2003; and (2) the disqualification of
Petitioners Claim
Respondents Comments
ISSUES
1.WON this Court has jurisdiction over the present controversy
4. Assuming that petitioners have a cause of action and that the present
petition is not premature, WON respondent De Vera is qualified to run for
Governor of the IBP Eastern Mindanao Region
b. WON the petitioners are the proper parties to bring this suit;
The only condition required under the rules is that the transfer
must be made not less than three months prior to the election of
officers in the chapter to which the lawyer wishes to transfer.
There is nothing in the By-Laws which explicitly provides that one
must be morally fit before he can run for IBP governorship. For
one, this is so because the determination of moral fitness of a
candidate lies in the individual judgment of the members of the
House of Delegates.
For another, basically the disqualification of a candidate involving
lack of moral fitness should emanate from his disbarment or
suspension from the practice of law by this Court, or conviction by
final judgment of an offense which involves moral turpitude. The
contempt ruling cannot serve as a basis to consider respondent De
Vera immoral.
The act for which he was found guilty of indirect contempt does
not involve moral turpitude (an act of baseness, vileness or
depravity in the private and social duties which a man owes his
fellow men, or to society in general, contrary to the accepted and
customary rule of right and duty between man and man, or
conduct contrary to justice, honesty, modesty or good morals.)
On the administrative complaint in California, no final judgment
was rendered by the California Supreme Court finding him guilty of
the charge.
On the allegation that respondent de Vera or his handlers had
housed the delegates from Eastern Mindanao in the Century Park
Hotel to get their support for his candidacy, again petitioners did
not present any proof to substantiate the same.
It must be emphasized that bare allegations, unsubstantiated by
evidence, are not equivalent to proof under our Rules of Court
Disposition Petition to disqualify respondent Atty. Leonard De
Vera to run for the position of IBP Governor for Eastern Mindanao
in the 16th election of the IBP Board of Governors is hereby
DISMISSED. The Temporary Restraining Order issued by this
Court on 30 May 2003 which enjoined the conduct of the election
for the IBP Regional Governor in Eastern Mindanao is hereby
LIFTED
De Veras defense
FACTS:
CRUZ V SALVA
MONTEMAYOR; July 25, 1959
NATURE: Original action in the Supreme Court. Certiorari and Prohibition
with Preliminary Injunction.
FACTS
ISSUES
1. WON Salva and his committee can push through with the investigation.
YES
2. WON Cruz can be compelled to appear and testify before Salva.NO
3. WON Salva conducted the investigation property. NO
HELD
1.
2.
Salva shld have done investigation privately in his office and not
publicly in the session hall of Municipal Court of Pasay where
microphones were installed and media people were present.
He should also not have made the media people ask questions.
SC was disturbed and annoyed by such publicity.
Salva is publicly reprehended and censured.
DISPOSITION: In view of the foregoing, the petition for certiorari
and prohibition is granted in part and denied in part. Considering
the conclusion arrived at by us, respondent Francisco G. H. Salva is
hereby publicly reprehended and censured for the uncalled for and
wide publicity and sensationalism that he had given to and
allowed in connection with his investigation, which we consider
and find to be contempt of court; and, furthermore, he is warned
that a repetition of the same would meet with a more severe
disciplinary action and penalty. No costs.
3.
Issue: WON the publicity given to the case against the petitioners was
such as to prejudice their right to a fair trial?
HELD: NO
The spate of publicity in this case did not focus on the guilt of the
petitioners but rather on the responsibility of the Government for
what was claimed to be a "massacre" of Muslim trainees.
If there was a "trial by newspaper" at all, it was not of the
petitioners but of the Government.
Absent here is a showing of failure of the court-martial to protect
the accused from massive publicity encouraged by those
connected with the conduct of the trial either by a failure to
control the release of information or to remove the trial to another
venue or to postpone it until the deluge of prejudicial publicity
shall have subsided.
Indeed we cannot say that the trial of the petitioners was being
held under circumstances which did not permit the observance of
those imperative decencies of procedure which have come to be
identified with due process.
Granting the existence of "massive" and "prejudicial" publicity,
since the petitioners here do not contend that the respondents
have been unduly influenced but simply that they might be by the
"barrage" of publicity, we think that the suspension of the courtmartial proceedings has accomplished the purpose sought by the
petitioners' challenge for cause, by postponing the trial of the
petitioner until calmer times have returned.
The atmosphere has since been cleared and the publicity
surrounding the Corregidor incident has so far abated that we
believe the trial may now be resumed in tranquillity
ACCORDINGLY, subject to our pronouncement that each of the 23
petitioners is entitled to one separate peremptory challenge, the
present petition is denied. The temporary restraining order issued
by this Court on August 29,1969 is hereby lifted. No
pronouncement as to costs.
PEREZ V ESTRADA
VITUG; June 29, 2001
FACTS
ISSUE: WON live radio and television coverage of the trial of the plunder
and other criminal cases filed against Pres. Estrada should be
allowed
HELD: NO.
Respondent suspended for three (3) years from the practice of law.
The above actuations of respondent are also in violation of Rule
13.03 of the Canon of Professional Responsibility which reads: A
lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a
party.
Despite the pendency of civil case against him, he continued with
his attacks against complainant and its products
The language employed by respondent undoubtedly casts
aspersions on the integrity of the Office of the City Prosecutor and
all the Prosecutors connected with said Office.
Respondent clearly assailed the impartiality and fairness of the
said Office in handling cases filed before it and did not even design
to submit any evidence to substantiate said wild allegations.
He also said that the justices have no jurisdiction over his act and
that they should just answer the complaint.
The SC found him guilty of contempt and improper conduct and
ordered to pay P1, 000 or imprisonment of 15 days, and to suffer
six months suspension.