Professional Documents
Culture Documents
2011)
LEGAL ETHICS
Rey Vargas, et al. vs. Atty. Michael Ignes, et al., A.C. No. 8096,
July 5, 2010.
Attorney; engagement of private counsel by GOCC. In Phividec
Industrial Authority v. Capitol Steel Corporation, we listed three (3)
indispensable conditions before a GOCC can hire a private lawyer: (1)
private counsel can only be hired in exceptional cases; (2) the GOCC
must first secure the written conformity and acquiescence of the
Solicitor General or the Government Corporate Counsel, as the case
may be; and (3) the written concurrence of the COA must also be
secured.
Failure
to
comply
with
all
three conditions would
constitute appearance without authority. A lawyer appearing after his
authority as counsel had expired is also appearance without authority.
BGen. (Ret.) Jose S. Ramiscal, Jr. vs. Hon. Jose R. Hernandez,
G.R. Nos. 173057-74, September 20, 2010.
Judges; inhibition. The mere imputation of bias or partiality is not
enough ground for inhibition, especially when the charge is without
basis. Extrinsic evidence must further be presented to establish bias,
bad faith, malice, or corrupt purpose, in addition to palpable error
which may be inferred from the decision or order itself. This Court has
to be shown acts or conduct of the judge clearly indicative of
arbitrariness or prejudice before the latter can be branded the stigma
of being biased or partial.
Gregorio Dimarucot y Garcia vs.. People of the Philippines, G.R.
No. 183975,September 20, 2010.
Attorney; mistake binding on client. Petitioner cannot simply harp on
the mistakes and negligence of his lawyer allegedly beset with
personal problems and emotional depression. The negligence and
mistakes of counsel are binding on the client. There are exceptions to
this rule, such as when the reckless or gross negligence of counsel
deprives the client of due process of law, or when the application of the
general rule results in the outright deprivation of ones property
or liberty through a technicality. However, in this case, we find no
reason to exempt petitioner from the general rule. The admitted
inability of his counsel to attend fully and ably to the prosecution of his
appeal and other sorts of excuses should have prompted petitioner to
From Scribbles of a Lunatic Mind [http://coffeeafficionado.blogspot.com]
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