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PAGUINTO, respondent.
Case Nature: ADMINISTRATIVE CASE in the Supreme Court. Violation of Canons 1, 8, 10 and
Rule 12.03 of Code of Professional Responsibility and Lawyers Oath.
Syllabi Class: Administrative Law|Attorneys|Code of Professional Responsibility
Syllabi:
1. Administrative Law; Attorneys; Respondent 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.+
2. Same; Same; Code of Professional Responsibility; Respondent violated Rule 12.03 of
the Code of Professional Responsibility which states that a lawyer shall not, often obtaining
extensions of 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. +
Division: EN BANC
Docket Number: A.C. No. 6273
Ponente: CARPIO-MORALES
Dispositive Portion:
WHEREFORE, respondent, Atty. Oscar P. Paguinto, is SUSPENDED for two years from the practice
of law for violation of Canons 1, 8, 10, and Rule 12.03 of the Code of Professional Responsibility
and the Lawyers Oath, effective immediately. Let copies of this Decision be furnished the Office
of the Bar Confidant, to be appended to respondents personal record as an attorney; the
Integrated Bar of the Philippines; and all courts in the country for their information and guidance.
#2 Case Title: SPOUSES NICASIO and DONELITA SAN PEDRO, complainants, vs.
ATTY. ISAGANI A. MENDOZA, respondent.
Case Nature: ADMINISTRATIVE CASE in the Supreme Court. Disbarment.
Syllabi Class: Attorneys ; Legal Ethics ; Attorneys Fees ;
Syllabi:
1. Same; Same; Same; The rule is that when there is a disagreement, or when the
client disputes the amount claimed by the lawyer . . . the lawyer should not arbitrarily
apply the funds in his possession to the payment of his fees.+
2. Attorneys; Legal Ethics; It has been said that [t]he practice of law is a privilege
bestowed on lawyers who meet the high standards of legal proficiency and morality.+
3. Same; Same; Code of Professional Responsibility; When a lawyer collects or
receives money from his client for a particular purpose (such as for filing fees,
registration fees, transportation and office expenses), he should promptly account to the
client how the money was spent. If he does not use the money for its intended purpose,
he must immediately return it to the client. His failure either to render an accounting or
to return the money (if the intended purpose of the money does not materialize)
constitutes a blatant disregard of Rule 16.01 of the Code of Professional Responsibility
(CPR).+
4. Same; Same; Attorneys Fees; Retaining Lien; Elements of a Valid Retaining
Lien.+
Division: SECOND DIVISION
Docket Number: A.C. No. 5440
Ponente: LEONEN
Dispositive Portion:
WHEREFORE, respondent Atty. Isagani A. Mendoza is SUSPENDED from the practice of
law for three (3) months. He is also ordered to RETURN to complainants the amount of
P68,250.00 with 6% legal interest from the date of finality of this judgment until full
payment. Respondent is further DIRECTED to submit to this court proof of payment of
the amount within 10 days from payment. Let a copy of this resolution be entered in
respondent Atty. Isagani A. Mendozas personal record with the Office of the Bar
Confidant, and a copy be served to the Integrated Bar of the Philippines and the Office of
the Court Administrator for circulation to all the courts in the land.
of this Resolution be furnished the Office of the Bar Confidant, the Integrated Bar of the
Philippines, and the Office of the Court Administrator for circulation to all the courts.
Dispositive Portion:
WHEREFORE, the Court finds respondent Atty. Marcelino Cabucana, Jr. GUILTY of violating
Rule 1.01, Canon 1 of the Code of Professional Responsibility. Accordingly, the Court
SUSPENDS him from the practice of law for three (3) months, REVOKES his incumbent
notarial commission, if any, and PROHIBITS him from being commissioned as a notary
public for two (2) years, effective immediately, with a stern WARNING that a repetition of
the same or similar offense shall be dealt with more severely. Let copies of this resolution
be furnished the Bar Confidant to be included in the records of the respondent; the
Integrated Bar of the Philippines for distribution to all its chapters; and the Office of the
Court Administrator for dissemination to all Courts throughout the country.
#10 Case Title: FLORENCE TEVES MACARUBBO, complainant, vs. ATTY. EDMUNDO
L. MACARUBBO, respondent.