LEGAL PROFESSION

I. LAW AS A PROFESSION
CASE/EXCERPT
Pangan vs. Ramos
It appears from the record that on September 7, 1978 and March 13, 1979, the
hearings in this administrative case were postponed on the basis of
respondent's motions for postponement. These motions were predicated on
respondent's allegations that on said dates he had a case set for hearing before
Branch VII, Court of First Instance of Manila, entitled People v. Marieta M. Isip
(Criminal Case No. 35906). Upon verification, the attorney of record of the
accused in said case is one "Atty. Pedro D.D. Ramos, 306 Dona Salud Bldg.,
Dasmarinas Manila."
Respondent admits that he used the name of "Pedro D.D. Ramos" before said
court in connection with Criminal Case No. 35906, but avers that he had a right
to do so because in his Birth Certificate (Annex "A"), his name is "Pedro
Dionisio Ramos", and -his parents are Pedro Ramos and Carmen Dayaw, and
that the D.D. in "Pedro D.D. Ramos" is but an abbreviation of "Dionisio Dayaw
his other given name and maternal surname.

CANONS /LAWYERS OATH

A lawyer is not authorized to use a name other than the one
inscribed in the Roll of Attorneys in his practice of law.
The official oath obliges the attorney solemnly to swear that
he will do no falsehood. As an officer in the temple of
justice, an attorney has irrefragable obligations of
truthfulness, candor and frankness. Indeed, candor and
frankness should characterize the conduct of the lawyer at
every stage. This has to be so because the court has the
right to rely upon him in ascertaining the truth. In representing
himself to the court as "Pedro D.D. Ramos" instead of
"Dionisio D. Ramos", respondent has violated his solemn
oath.

Malhabour vs. Sarmiento

Records show and as found by Investigating Commissioner, respondent
committed deceit by making it appear that complainant executed a Special
Power of Attorney authorizing him (respondent) to file with the NLRC a Motion
for Execution and to collect the money judgment awarded to the former. Worse,
after receiving from the NLRC cashier the check amounting to P99,490.00, he
retained the amount. It was only when complainant reported the matter to the
NBI that respondent paid him P40,000.00 as partial payment of the "award." In
fact, there still remains an outstanding balance of P10,000.00. Moreover, as

CANON 1 A lawyer shall uphold the constitution, obey the

laws of the land and promote respect for law and legal
processes.
Rule 1.01 A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.

correctly found by IBP Commissioner Maala, respondent has no right to retain or

appropriate unilaterally his lawyers lien by dividing the money into 60-40 ratio.
Obviously, such conduct is indicative of lack of integrity and propriety. He was
clinging to something not his and to which he had no right.
Khan vs. Simbillo
Ms. Ma. Theresa B. Espeleta, a staff member of the Public Information Office of
the Supreme Court, called up the published telephone number and pretended to
be an interested party. She spoke to Mrs. Simbillo, who claimed that her
husband, Atty. Rizalino Simbillo, was an expert in handling annulment cases and
can guarantee a court decree within four to six months, provided the case will
not involve separation of property or custody of children. Mrs. Simbillo also said
that her husband charges a fee of P48,000.00, half of which is payable at the time
of filing of the case and the other half after a decision thereon has been
rendered.

Rules 2.03 and 3.01 of the Code of Professional

Responsibility read:
Rule 2.03. A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
Rule 3.01. A lawyer shall not use or permit the use of any
false, fraudulent, misleading, deceptive, undignified, selflaudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 138, Section 27 of the Rules of Court states:
SEC. 27. Disbarment and suspension of attorneys by
Supreme Court, grounds therefor. A member of the bar may
be disbarred or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice or other gross
misconduct in such office, grossly immoral conduct or by
reason of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required to take
before the admission to practice, or for a willful disobedience
appearing as attorney for a party without authority to do so.

Publication in reputable law lists, in a manner consistent with

the standards of conduct imposed by the canon, of brief
biographical and informative data is likewise allowable.
Such data must not be misleading and may include only a

statement of the lawyers name and the names of his

professional associates; addresses, telephone numbers,
cable addresses; branches of law practiced; date and place
of birth and admission to the bar; schools attended with dates
of graduation, degrees and other educational distinctions;
public or quasi-public offices; posts of honor; legal
authorships; legal teaching positions; membership and
offices in bar associations and committees thereof, in legal
and scientific societies and legal fraternities; the fact of
listings in other reputable law lists; the names and addresses
of references; and, with their written consent, the names of
clients regularly represented.
The law list must be a reputable law list published primarily
for that purpose; it cannot be a mere supplemental feature of
a paper, magazine, trade journal or periodical which is
published principally for other purposes. For that reason, a
lawyer may not properly publish his brief biographical
and informative data in a daily paper, magazine, trade
journal or society program. Nor may a lawyer permit his
name to be published in a law list the conduct, management,
or contents of which are calculated or likely to deceive or
injure the public or the bar, or to lower dignity or standing of
the profession.
The use of an ordinary simple professional card is also
permitted. The card may contain only a statement of his
name, the name of the law firm which he is connected with,
address, telephone number and special branch of law
practiced. The publication of a simple announcement of the
opening of a law firm or of changes in the partnership,
associates, firm name or office address, being for the
convenience of the profession, is not objectionable. He may

likewise have his name listed in a telephone directory but not

under a designation of special branch of law.

Barcenas vs. Alvero

On May 7, 2004, Barcenas, through her employee Rodolfo San Antonio (San
Antonio), entrusted to Atty. Alvero the amount of P300,000.00, which the latter
was supposed to give to a certain Amanda Gasta to redeem the rights of his
deceased father as tenant of a ricefield located in Barangay San Benito, Victoria,
Laguna. The receipt of the money was evidenced by an acknowledgment receipt
dated May 7, 2004. In the said receipt, Atty. Alvero said that he would deposit the
money in court because Amanda Gasta refused to accept the same.
Later, Barcenas found out that Atty. Alvero was losing a lot of money in
cockfights. To check if the money they gave Atty. Alvero was still intact,
Barcenas pretended to borrow P80,000.00 from the P300,000.00 and promised to
return the amount when needed or as soon as the case was set for hearing.
However, Atty. Alvero allegedly replied, "Akala nyo ba ay madali kunin ang pera
pag nasa korte na?" Subsequently, Barcenas discovered that Atty. Alvero did not
deposit the money in court, but instead converted and used the same for his
personal needs.

Piatt vs. Abordo

CANON 1. A LAWYER SHALL UPHOLD THE

CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW AND LEGAL PROCESS.
Rule 1.01. A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
CANON 16. A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS POSSESSION.
Rule 16.01. A lawyer shall account for all money or property
collected or received for or from the client.
Rule 16.02. A lawyer shall keep the funds of each client
separate and apart from his own and those of others kept by
him.
Rule 16.03. A lawyer shall deliver the funds and property of
his client when due or upon demand. However, he shall have
a lien over the funds and may apply so much thereof as may
be necessary to satisfy his unlawful fees and disbursements,
giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the
Rules of Court.

On February 19, 1932, Perfecto Abordo, a member of the Philippine Bar,

accepted the offer of two individuals to sell him a quantity of opium, a prohibited
drug, and agreed to pay P1.50 per tin for the opium. On the afternoon of the
same day, Abordo was picked up at the corner of Taft Avenue extension and Vito
Cruz in the City of Manila, by one of the individuals who had made him the opium
proposition, and was taken to Rizal Avenue Extension outside of the city limits
where they found a number of persons awaiting them in an automobile. A can
was disclosed to Abordo as containing opium, and believing that it was opium,
he delivered to one Cabrales the amount of P600 in payment of the stuff. The can
was loaded in the automobile which brought Abordo to the scene of the delivery,
but in returning to Manila another automobile overtook them and the parties
riding therein, pretending to be constabulary soldiers, told Abordo to stop.
Instead Abordo drew his revolver and commanding the driver of the car to turn
into Calle Vito Cruz was able to evade his pursuers and to arrive safely at his
home in Pasay. Once in his home Abordo examined the contents of the can and
found it to contain fake opium and sand. Thereupon Abordo reported to the
Luneta Police Station of Manila that he had been robbed of P600. Two individuals
were later arrested, charged with the crime of estafa, and convicted.

As good character is an essential qualification for

admission of an attorney to practice, when the attorney's
character is bad in such respect as to show that he is
unsafe and unfit to be entrusted with the powers of an
attorney, the courts retain the power to discipline him.
"Of all classes and professions, the lawyer is most
sacredly bound to uphold the laws"

II. PRACTICE OF LAW

Different aspects of the practice of law
In re Cunanan
Alawi vs. Alauya

While one who has been admitted to the Shari'a Bar, and one
who has been admitted to the Philippine Bar, may both be
considered "counsellors," in the sense that they give counsel
or advice in a professional capacity, only the latter is an
"attorney." The title of "attorney" is reserved to those who,
having obtained the necessary degree in the study of law and
successfully taken the Bar Examinations, have been admitted
to the Integrated Bar of the Philippines and remain members
thereof in good standing; and it is they only who are
authorized to practice law in this jurisdiction.

Arce vs. PNB

The question to be decided in this case to do with the determination of the
reasonable compensation which Attorney Fernando Arce receive for services
rendered in connection with the guardianship of the incapacitated Vicente
Arevalo. The guardian of the person of the incapacitated offered to pay the sum
of P200 and on the matter coming on for hearing before the Court of First
Instance of Manila it was raised to P400. Appearing from this order, the attorney
asks that he be allowed the sum of P5,000.
In Re SyCip

The law is a profession, not a business. Lawyers are officers

of the court. That is true. At the same time professional men
are entitled to have and recover from their clients a
reasonable compensation for their services rendered with a
view to the importance of the subject matter of the
controversy, to the extent of the services rendered, and
the professional standing of the lawyer.

1. Canon 34 of the Canons of Professional Ethics "prohibits

an agreement for the payment to the widow and heirs of a
deceased lawyer of a percentage, either gross or net, of the
fees received from the future business of the deceased
lawyer's clients, both because the recipients of such division
are not lawyers and because such payments will not
represent service or responsibility on the part of the
recipient."
Accordingly, neither the widow nor the heirs can be held
liable for transactions entered into after the death of their
lawyer-predecessor. There being no benefits accruing, there
ran be no corresponding liability.
2. It has been held that a saleable goodwill can exist only in a
commercial partnership and cannot arise in a professional
partnership consisting of lawyers.
3. Primary characteristics which distinguish the legal
profession from business are:
1. A duty of public service, of which the emolument is a
byproduct, and in which one may attain the highest eminence

without making much money.

2. A relation as an "officer of court" to the administration of
justice involving thorough sincerity, integrity, and reliability.
3. A relation to clients in the highest degree fiduciary.
4. A relation to colleagues at the bar characterized by candor,
fairness, and unwillingness to resort to current business
methods of advertising and encroachment on their practice,
or dealing directly with their clients.
The practice of law is intimately and peculiarly related to the
administration of justice and should not be considered like an
ordinary "money-making trade."
Linsangan vs. Tolentino
This is a complaint for disbarment filed by Pedro Linsangan of the Linsangan
Linsangan & Linsangan Law Office against Atty. Nicomedes Tolentino for
solicitation of clients and encroachment of professional services.
Complainant alleged that respondent, with the help of paralegal Fe Marie
Labiano, convinced his clients to transfer legal representation. Respondent
promised them financial assistance and expeditious collection on their claims.4
To induce them to hire his services, he persistently called them and sent them
text messages.

CANON 3 - A lawyer in making known his legal services shall

use only true, honest, fair, dignified and objective information
or statement of facts.
RULE 2.03. A lawyer shall not do or permit to be done any
act designed primarily to solicit legal business.
Rule 2.03 should be read in connection with Rule 1.03 of the
CPR which provides:
RULE 1.03. A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any mans
cause.
This rule proscribes "ambulance chasing" (the solicitation of
almost any kind of legal business by an attorney, personally
or through an agent in order to gain employment) as a
measure to protect the community from barratry and
champerty.

RULE 8.02. A lawyer shall not, directly or indirectly, encroach

upon the professional employment of another lawyer,
however, it is the right of any lawyer, without fear or favor, to
give proper advice and assistance to those seeking relief
against unfaithful or neglectful counsel.
Rule 16.04. A lawyer shall not borrow money from his client
unless the clients interests are fully protected by the nature
of the case or by independent advice. Neither shall a lawyer
lend money to a client except, when in the interest of justice,
he has to advance necessary expenses in a legal matter he
is handling for the client.
The rule is that a lawyer shall not lend money to his client.
The only exception is, when in the interest of justice, he has
to advance necessary expenses (such as filing fees,
stenographers fees for transcript of stenographic notes, cash
bond or premium for surety bond, etc.) for a matter that he is
handling for the client.
Rules of Court, Rule 138, Section 27 provides:
Disbarment or suspension of attorneys by Supreme
Court; grounds therefor. A member of the bar may be
disbarred or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by
reason of his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required to take
before admission to practice, or for a willful disobedience of
any lawful order of a superior court, or for corruptly or willfully
appearing as an attorney for a party to a case without

authority so to do. The practice of soliciting cases at law

for the purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice. (emphasis
supplied)
Professional calling cards may only contain the following
details:
(a) lawyers name;
(b) name of the law firm with which he is connected;
(c) address;
(d) telephone number and
(e) special branch of law practiced.
Lorenzana vs. Fajardo
Francisco Lorenzana, complainant, charges respondent Atty. Cesar G. Fajardo
with violation of the Civil Service Law and Canon 6 of the Code of Professional
Responsibility and seeks his disbarment from the practice of the law profession.
In a verified complaint dated May 27, 2002, complainant alleged that respondent,
while employed as Legal Officer V at the Urban Settlement Office in Manila, until
his retirement on May 15, 2002, was a member of the Peoples Law Enforcement
Board (PLEB) of Quezon City, receiving a monthly honorarium of P4,000.00. 1 He
was also a member of the Lupong Tagapamayapa of Barangay Novaliches
Proper, also receiving a monthly allowance/ honorarium.
Complainant also alleged that respondent was engaged in the private practice of
law, receiving acceptance fees ranging from P20,000.00 to P50,000.00. He lives in
a house and lot owned by complainants family without paying any rental and
refuses to leave the place despite the latters demands.

IBP Commissioner Aguila found that respondents court

appearances as counsel for litigants do not constitute private
practice of law since complainant failed to show that he
received compensation. However, respondent should still be
held liable for violation of Civil Service Rules and
Regulations since he failed to show that he was permitted
by his Office to appear as counsel for his clients.
The prohibition against government officials and employees,
whether elected or appointed, from concurrently holding any
other office or position in the government is contained in
Section 7, Article IX-B of the Constitution which provides:
"Unless otherwise allowed by law or by the primary functions
of his position, no appointive official shall hold any other
office or employment in the Government, or any subdivision,
agency or instrumentality thereof, including governmentowned or controlled corporations or their subsidiaries."

CANON 1. A LAWYER SHALL UPHOLD THE

CONSTITUTION, OBEY THE LAWS OF THE LAND,
PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES.
These duties are further enshrined in the Attorneys Oath,
which every lawyer in this jurisdiction has to take before he is
allowed to practice law. The Attorneys Oath states in part
that every lawyer "shall support the Constitution and obey
the laws as well as the legal orders of the duly
constituted authorities"
Villanueva vs. Gonzales
This is a complaint Vivian Villanueva (complainant) filed against Atty. Cornelius
M. Gonzales (respondent) for failure to render legal services and failure to return
the money, Transfer Certificate of Title (TCT), and other documents he received
from complainant.
Sometime in 2000, complainant engaged the services of respondent for the
purpose of transferring the title over a piece of property located in Talisay, Cebu.
Complainant, as mortgagee, wanted to transfer the title to her name because the
mortgagor failed to redeem the property within the redemption period and the
sheriff had already issued a sheriffs definite deed of sale in complainants favor.
Complainant gave respondent P8,000 as acceptance fee, the propertys TCT, and
other pertinent documents.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL

MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS PROFESSION.
Rule 16.01. A lawyer shall account for all money or property
collected or received for or from the client.
Rule 16.03. A lawyer shall deliver the funds and property of
his client when due or upon demand. However, he shall have
a lien over the funds and may apply so much thereof as may
be necessary to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments and
executions he has secured for his client as provided for in the
Rules of Court.
CANON 17. A LAWYER OWES FIDELITY TO THE CAUSE
OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18. A LAWYER SHALL SERVE HIS CLIENT WITH

COMPETENCE AND DILIGENCE.

Rule 18.03. A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection therewith
shall render him liable.
Rule 18.04. A lawyer shall keep the client informed of the
status of his case and shall respond within a reasonable time
to the client's request for information.

Spouses Tejada vs. Palana

Sometime on January, 2001, respondent lawyer Antoniutti K. Palana taking
advantage of his special knowledge as a lawyer represented to the petitioners
that he has an alleged parcel of land covered by Transfer Certificate of Title No.
(73196) 16789 and that he needs an amount of One Hundred Thousand Pesos
(P100,000.00) so that he could reconstitute the torrens title on the same;
However, after respondent lawyer, Antoniutti K. Palana had gotten the
P100,000.00 amount from the petitioner spouses, respondent from that time on
up to the present had intentionally evaded the performance of his due, just, legal
and demandable obligations to petitioner spouses.
It turned out that all his assurances that he had a torrens title, he will
reconstitute the same and deliver an amount of P170,000.00 to petitioner
spouses were all fraudulent representations on his part or else were only
fictitious in character to defraud petitioner spouses of their hard owned monies;

CANON 1 A lawyer shall uphold the constitution, obey

the laws of the land and promote respect for law and for
legal processes.
Rule 1.01. A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
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.
CANON 7. A lawyer shall at all times uphold the integrity
and dignity of the legal profession, and support the
activities of the Integrated Bar.
Rule 7.03. A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor should
he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
Lawyer's Oath: "to delay no man for money or malice"

Cayetano vs. Monsod

Black defines "practice of law" as:

There shall be an independent Commission on Elections composed of a

The rendition of services requiring the knowledge and the

Chairman and eight Commissioners who shall be natural-born citizens of the

Philippines and, at the time of their appointment, at least thirty-five years of age
and holders of a college degree. However, a majority thereof, including the
Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years. (Emphasis supplied)
Regrettably, however, there seems to be no jurisprudence as to what constitutes
practice of law as a legal qualification to an appointive office.
Respondent Christian Monsod was nominated by President Corazon C. Aquino
to the position of Chairman of the COMELEC in a letter received by the
Secretariat of the Commission on Appointments on April 25, 1991. Petitioner
opposed the nomination because allegedly Monsod does not possess the
required qualification of having been engaged in the practice of law for at least
ten years.

application of legal principles and technique to serve the

interest of another with his consent. It is not limited to
appearing in court, or advising and assisting in the conduct of
litigation, but embraces the preparation of pleadings, and
other papers incident to actions and special proceedings,
conveyancing, the preparation of legal instruments of all
kinds, and the giving of all legal advice to clients. It embraces
all advice to clients and all actions taken for them in matters
connected with the law. An attorney engages in the practice
of law by maintaining an office where he is held out to be-an
attorney, using a letterhead describing himself as an attorney,
counseling clients in legal matters, negotiating with opposing
counsel about pending litigation, and fixing and collecting
fees for services rendered by his associate.
Padilla, J. (Dissenting Opinion)
It is worth mentioning that the respondent Commission on
Appointments in a Memorandum it prepared, enumerated
several factors determinative of whether a particular activity
constitutes "practice of law." It states:
1. Habituality - The term "practice of law" implies
customarily or habitually holding one's self out to the
public as a lawyer
2. Compensation
3. Application of legal principle practice or procedure
4. Attorney-client relationship

Duties and Privileges of the Profession

Lawyers Oath:
I, _____________________ of ____________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will

support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge
and discretion, with all good fidelity as well to the courts as to my clients; and I impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
Stimmerik vs. Mas
Trusting respondent, complainant agreed to purchase the property through
respondent as his representative or attorney-in-fact. Complainant also engaged
the services of respondent for the preparation of the necessary documents. For
this purpose, respondent demanded and received a P400,000 fee.
Confident that respondent would faithfully carry out his task, complainant
returned to Denmark, entrusting the processing of the necessary paperwork to
respondent.
After the various contracts and agreements were executed, complainant tried to
get in touch with respondent to inquire about when the property could be
registered in his name. However, respondent suddenly became scarce and
refused to answer complainants calls and e-mail messages.
Inquiry with the Olongapo Chapter of the Integrated Bar of the Philippines (IBP)
disclosed that respondent was in arrears in his annual dues and that he had
already abandoned his law office in Olongapo City. Search of court records of
cases handled by respondent only yielded his abandoned office address in
Olongapo City.

CANON 1 A LAWYER SHALL UPHOLD THE

CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW AND LEGAL
PROCESSES.
Rule 1.01. A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
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.
CANON 7 A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
CANON 15 A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENT.
CANON 16 A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS POSSESSION.
CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE

OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE

TRUST AND CONFIDENCE REPOSED IN HIM. (emphasis
supplied)
Olivares vs. Villalon
In his complaint, Olivares alleged that respondents client, Sarah Divina Morales
Al-Rasheed, repeatedly sued him for violations of the lease contract which they
executed over a commercial apartment in Olivares Building in Paraaque.

There is forum shopping "when a party repetitively avails of

several judicial remedies in different courts, simultaneously or
successively, all substantially founded on the same
transactions and the same essential facts and circumstances,
and all raising substantially the same issues either pending in
or already resolved adversely by some other court." Forum
shopping is an act of malpractice that is prohibited and
condemned because it trifles with the courts and abuses their
processes. It degrades the administration of justice and adds
to the already congested court dockets.
Rule 12.02. A lawyer shall not file multiple actions arising
from the same cause.
As the first Canon of the Code of Professional Responsibility
states, "[a] lawyer shall uphold the constitution, obey the laws
of the land and promote respect for law and legal processes."
Moreover, according to the lawyers oath they took, lawyers
should "not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor
consent to the same."
Rule 10.03. A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of justice.

Galiciano vs. Castro

Respondent Atty. Castro was a private practitioner and Vice-President of IBPNueva Vizcaya Chapter. On 5 May 2003, respondent went to complainants office
to inquire whether the complete records of Civil Case No. 784, entitled Sps.

Rule 7.03 A lawyer shall not engage in conduct that

adversely reflect on his fitness to practice law, now shall he,
whether in public or private life behave in scandalous manner
to the discredit of the legal profession.

Crispino Castillano v. Sps. Federico S. Castillano and Felicidad Aberin, had

already been remanded to the court of origin, MCTC Dupax del Norte, Alfonso
Castaned, Nueva Vizcaya. It must be noted that respondent was not the counsel
of record of either party in Civil Case No. 784.

Canon 8 A lawyer shall conduct himself with courtesy,

fairness and candor toward his professional colleagues, and
shall avoid harassing tactics against opposing counsel.
Rule 8.01 A lawyer shall not, in his professional dealings,
use language which is abusive, offensive or otherwise
improper.
Rule 8.02A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer;
however, it is the right of any lawyer, without fear or favor, to
give proper advice and assistance to those seeking relief
against unfaithful or neglectful counsel.

Reyes vs. Chiong, Jr.

Respondent filed an Urgent Motion to Quash the Warrant of Arrest. He also filed
with the RTC of Zamboanga City a Civil Complaint for the collection of a sum of
money and damages as well as for the dissolution of a business venture against
complainant, Xu and Prosecutor Salanga.
When confronted by complainant, respondent explained that it was Pan who had
decided to institute the civil action against Atty. Reyes. Respondent claimed he
would suggest to his client to drop the civil case, if complainant would move for
the dismissal of the estafa case. However, the two lawyers failed to reach a
settlement.
Re: Suspension of Atty. Bagabuyo
In the Crim. Case No. 5144, which is declared by Judge Buyser as a crime of
homicide and not of murder, the counsel for the defense filed a Motion to Fix the
Amount of Bail Bond. Respondent Atty. Bagabuyo objected thereto on the
ground thatthe original charge of murder is not subject to bail. Judge Jose
Manuel P. Tan favorably resolved the Motion for bail and denied the respondents
motion for reconsideration for lack of merit.

Canon 8 of the Code of Professional Responsibility provides

that "[a] lawyer shall conduct himself with courtesy, fairness
and candor towards his professional colleagues, and shall
avoid harassing tactics against opposing counsel."
Furthermore, the Lawyers Oath exhorts law practitioners not
to "wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor consent to the
same."

Canon 11 of the Code of Professional Responsibility

mandates a lawyer to "observe and maintain the respect due
to the courts and to judicial officers and [he] should insist on
similar conduct by others." Rule 11.05 of Canon 11 states
that a lawyer "shall submit grievances against a judge to the
proper authorities only."
Respondent's statements in the article, which were made

Instead of availing himself of judicial remedies, respondent caused the

publication of an article regarding the order, in which prosecutor lambasts and
lashes out at judge Tan for allowing the murder suspect out on bail. The article
also contains misrepresentation about the strength of theevidence against the
accused in the criminal case. Respondent admits to have held a press
conference but refused to answer whether he made the statements in
the newspaper article.
For refusing to answer, the trial court declared him in contempt. After this,
respondent still entertained media interview in a radio station, and in said
interview, again attacked the integrity of Judge Tan, calling him a judge who
does not know the law, a liar, and a dictator who does not accord due process to
the people.

while Crim. Case No. 5144 was still pending in court, also
violated Rule 13.02 of Canon 13, which states that "a lawyer
shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against
a party."
Respondent also violated the Lawyer's Oath, as he has
sworn to "conduct [himself] as a lawyer according to the
best of [his] knowledge and discretion with all good
fidelity as well to the courts as to [his] clients."

PANELCO vs. Montemayor

Before us is an administrative complaint filed by Pangasinan Electric
Cooperative I (PANELCO I) charging Atty. Juan Ayar Montemayor with
negligence in handling the cases assigned to him which caused unwarranted
financial losses to the complainant, approximately in the total amount of sixteen
million pesos (PhP 16,000,000).
However, the Court of Appeals ordered the Dismissal of the appeal for
the failure of Atty. Montemayor to serve and file the required number of
copies within the time provided by the Rules of Court.
In a Resolution dated May 31, 2001, the Court of Appeals considered the
appeal Abandoned due to the failure of Atty. Montemayor to serve and
file the required Appellant's Brief despite the lapse of the two extensions
of time granted

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT

AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY
AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.03 - A lawyer shall not, after 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.
CANON 17 A LAWYER OWES FIDELITY TO THE CAUSE
OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him and his negligence in connection therewith
shall render him liable.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT

WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Justo v. Galing
Respondent contended that he is a close friend of the opposing parties in the
criminal cases. He further contended that complainant Justo and Ms. Koa are
likewise long time friends, as in fact, they are "comares" for more than 30 years
since complainant is the godmother of Ms. Torralba. Respondent claimed that it
is in this light that he accommodated Ms. Koa and her daughters request that
they be represented by him in the cases filed against them by complainant and
complainants daughter. He maintained that the filing of the Motion for
Consolidation which is a non-adversarial pleading does not evidence the
existence of a lawyer-client relationship between him and Ms. Koa and Ms.
Torralba. Likewise, his appearance in the joint proceedings should only be
construed as an effort on his part to assume the role of a moderator or arbiter of
the parties.
Mendoza vs. Deciembre
Before the Court is the Petition filed by Eugenia Mendoza (complainant) dated
September 19, 2000, seeking the disbarment of Atty. Victor V. Deciembre
(respondent) for his acts of fraudulently filling up blank postdated checks
without her authority and using the same for filing unfounded criminal suits
against her.

Bernardo vs. Mejia

Before the Court is a petition for review of Administrative Case No. 2984 with

Under Rule 15.03, Canon 15 of the Code of Professional

Responsibility, "[a] lawyer shall not represent conflicting
interests except by written consent of all concerned given
after a full disclosure of the facts."

CANON 1 A lawyer shall uphold the constitution, obey the

laws of the land and promote respect for law and legal
processes.
Rule 1.01. - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
CANON 7 A lawyer shall at all times uphold the integrity
and dignity of the legal profession and support the activities
of the integrated bar.
Rule 7.03. A lawyer shall not engage in conduct that
adversely reflects on his fitness to practice law, nor should
he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
The applicant must, like a candidate for admission to the bar,
satisfy the Court that he is a person of good moral character,
a fit and proper person to practice law. The Court will take

plea for reinstatement in the practice of law filed by Ismael F. Mejia (Mejia) who is
already seventy-one years old and barred from the practice of law for fifteen
years.

into consideration the applicants character and standing prior

to the disbarment, the nature and character of the charge/s
for which he was disbarred, his conduct subsequent to the
disbarment, and the time that has elapsed between the
disbarment and the application for reinstatement.