Professional Documents
Culture Documents
a r
B
es By: Justice Hector L. Hofilea
l
ob
UPDATES IN LEGAL ETHICS
Selected Cases
R 2013 - 2015
an a r
Code of Professional Responsibility
B
Ch e s
l
Canon 1 A lawyer shall uphold the Constitution, obey the laws of the land and promote
b
respect for law and the legal processes.
o
R
Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
a n
conduct.
a r
h Bactivities aimed at defiance of the law or
Cat lessening confidence in the legal system.
Rule
s
1.02 A lawyer shall not counsel or abet
e
b l
A.C. No. 4191, July 8, 2013
R o
Anita C. Pea vs. Atty. Cristina C. Paterno
a n a r
but she suppressed copies of the deed of saleB
of sale notarized by her,h
Facts: A lady lawyer, entrusted with the title to a clients property, sold the same through a deed
n
aauthenticity.
suppressed evidence on the veracity of the said Deed of Sale and showed the deceitful conduct
a r
h B
of respondent to withhold the truth about its
o
Prosecutors Office contravened Rule 1.01, Canon 1, and Rule 7.03, Canon 7, of the Code
complainant what she owed, because the only issue in disbarment proceedings R
Professional Responsibility. However, the Court did not order the respondent to pay the
a n is whether or
1
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
not the lawyer concerned is still fit to remain a member of the Bar, and has no bearing on other
s
judicial action which the parties may choose to file against each other.
l e
b
A.C. No. 5581, January 14, 2014
o
Rose Buagan Bansig vs. Atty. Roelio Juan A. Celera
R
n ar Court and IBP to file a comment on the complaint
Facts: Respondent lawyer was charged with immoral conduct for having married twice. He
a failed to comply with notices f0r the BSupreme
Ch Held: e s
Respondent exhibited a deplorable lack of that degree of morality required of him as a
member of the Bar. He made
b l a mockery of marriage, a sacred institution demanding respect
constituted a grossly o
and dignity. His act of contracting a second marriage while his first marriage is subsisting
R immoral conduct and are grounds for disbarment under Section 27, Rule
DISBARRED. n r
138 of the Revised Rules of Court. He also willfully disobeyed the orders of the court.
a B a
A.C.C
h s
No. 10240, Nov. 25, 2014
l e
b from the complainant which he promised to pay in
ESTRELLA R. SANCHEZ vs. ATTY. NICOLAS C. TORRES
o
R he issued her three postdated checks which were
Facts: Respondent borrowed P2,200,000.00
C h
three years, respondent still failed to pay.
s
l e checks constitute gross
misconduct. They are expected to maintain not only legalb
Held: Deliberate failure to pay just debts and the issuance of worthless
o
proficiency but also a high standard of
R
morality, honesty, integrity and fair dealing.
o
P15,000.00. He failed to redeem within the period agreed upon. Complainant was in possession
n r
Respondent claimed that the sale was actually and equitableamortgage and the fruits derived by a
the complainant from the property exceeded P15,000. h
B
C e s
b
Held: Regardless of the nature of the contract, respondents actuations clearly show a disregard l
R
for the highest standard of legal proficiency, morality, honesty integrity and fair dealing.o
a n
2
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
A.C. No. 10579, December 10, 2014
s
ERLINDA FOSTER vs. ATTY. JAIME AGTANG
l e
o b
Facts: Complainant retained the services of the defendant in relation to a legal problem arising
R
from a deed of sale between her and Tierra Royalty, which respondent had notarized. During
an r
the course of their relationship, the complainant gave the respondent the following amounts:
B a
Ch s
Acceptance fee .. P 20,000.00
e
b l
Incidental expenses . 5,000.00
Loan. 100,000.00
R o
Filing fee .. 150,000.00
Emergency loan . 22,000.00
an a r
To be given to the judge 50,000.00
B
Ch
For bottle of wine for the judge 2,500.00
es
l
Nevertheless, the complainants case was dismissed without the respondent informing her.
o b
Held: Respondent is guilty of engaging in dishonest and deceitful conduct both in his
R
professional and private capacity. He demanded for high filing fees. He failed to return the
a n a r
excess of what he demanded. He received several amounts from the complainant but failed to
B
Ch
account for them. His act of demanding money for a bribe to the judge is an overt act of
s
undermining the trust and faith of the public in the legal profession and the Judiciary. He
e
l
likewise violated Rule 16.04 by borrowing money from his client. Finally, he is also guilty of
o b
conflict of interest in handling a case against Tierra Realty, a corporation he had served in the
past, and in questioning in the complainants case the very document he had notarized.
R
DISBARRED AND ORDERED TO REFUND the amounts intimately related to the lawyer-client
an a r
relationship.
B
Ch s
A.C. No. 10548, Dec. 10, 2014
CAROLINE CASTAEDA JIMENEZ vs. ATTY. EDGAR B. FRANCISCO
l e
o b
Facts: Respondent was corporate counsel of a family corporation of a friend. Subsequently, he
R
got embroiled in a family dispute involving the corporation. He was charged with conflict of
interest and reveling confidential information.
a n ar
B
Cinhactively and passively allowing Clariones
Held: While the Court finds no violation of the rule on conflict of interests and disclosure of
lthe
privileged communicati9on, the acts of Atty. Francisco
b
to make untruthful representations in the SEC and in other public documents, still constitute
Ro
malpractice and gross misconduct in his office as attorney, for which a suspension from
practice of law for six (6) months is warranted.
a n
Ch
3
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
Acratomy S. Guarin Vs. Atty. Christine A.C. Limpin
s
A.C. No. 10576. January 14, 2015
l e
b
Facts: Corporate Secretary of a corporation filed General Information Sheets containing names
R
her.o
of stockholders and members of the Board of Directors based only on what the Chairman told
anHeld:
an infraction which did not conformB
a
We thus find that in filing a GIS thatrcontained false information, Atty. Limpin committed
C h s
to her oath as a lawyer in accord with Canon 1 and Rule
1.01 of the CPR.
e
lthat in allowing herself to be swayed by the business practice of
b
o appoint the members of the BOD and officers of the corporation
We also agree with the IBP
R
having Mr. de Los Angeles
A.C.C
h s
No. 10670, September 8, 2015
l e
b
ATTY. ROY B. ECRAELA vs. ATTY. IAN RAYMOND T. PANGALANGAN
b conference.
students in exchange for a passing grade. Respondent any
o
counterstatement of facts and failed to attend the mandatory
an r
practical training of law students and assist in disseminating the law and
B a
SAMUEL B. ARNADO v. ATTY. HOMOBONO A. ADAZA h
A.C. No. 9834, August 26, 2015
C s
Facts: In his pleadings filed in 2009, 2010, 2011 and 2012, respondent had indicated b le
MCLE
application for exemption under process, and in a pleading filed in 2012, he indicated o
Rexemption
MCLE
n
Application for Exemption for Reconsideration. Respondent had applied for MCLE
on the ground of expertise in law, but the request was denied in 2009. He was
a notified about
4
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
it only in 2012. He filed a motion for reconsideration which was denied in 2013.
es
Held: Respondent was declared delinquent member of the IBP and suspended from the practice
b l
of law for 6 months or until he has complied with the 1 st, 2nd, 3rd and 4TH Compliance Periods,
o
whichever is later, and he has fully paid the compliance and reinstatement fees.
R
n r
Canon 6 These canons shall apply to lawyers in government service in the discharge of their
a official tasks. a
Bgovernment service shall not use his public position to
Ch s
hiseprivate interests nor allow the latter to interfere with his public
Rule 6.02. A lawyer in the
promote or advancel
duties.
o b
R18, 2013
a n
A.C. NO. 7332, June
EDUARDO C. ABELLA vs. GERARDO G. BARRIOS, JR.
a r
h Bwrit of execution for over one year, despite
C
Facts: Respondent Labor Arbiter delayed issuance s
e a writ after soliciting from the complainant
of
b
motions of the complainant, and finally issued
l
Ro reduced
(how much is mine?). When the employer filed a motion to quash the writ of execution, the
respondent issued a new one for a much amount. The same was annulled by the NLRC
a n
on the ground that the LA had no authority
r
to reduce the amount awarded by the CA.
a
h
Held: Thus, as respondents violations constitute gross immoral conduct B and gross misconduct,
his disbarment shouldC come as a matter of course.
e s
b l
ovs. Ricardo G.Barrios which therefore
However, the Court takes judicial notice of the fact that he had already been disbarred in a
Rsame.
previous administrative case entitled Sps. Rafols Jr.
n
precludes the Court from duplicitously decreeing the
a a r
A.C. No. 9491, October 22, 2013
h B
C
JOCELYN DE LEON vs. ATTY. TYRONE PEDREA
e s
b l
o
Facts: PAO lawyer made immoral advances on his client.
n
continuing to
practice law by discharging his functions as Director of the Commission on Human
a Rights.
Ch
5
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B allorders
s
Held: When this court a lawyer suspended from the practice of law, the lawyer must
R o
the authority
practice of law.
n
a A.C. a r
B LL. MAYOR, JR.
No. 7314, August 25, 2015
oits name. A motion to amend the writ of execution was denied by the
execution against an employer
company had changed
R
n r
respondent on the ground that the new company was not a party to the case.
a a
h B
s to delay no man for money or malice.
Held: Respondents acts constituted a breach of his accountability as a public officer to th
CFurthermore, he violated his oath as ea lawyer
public.
DISBARRED.
b l
RoBar. the integrity and dignity of the legal profession and
Canon 7 A lawyer shall at all times uphold
n
support the activities of the Integrated
a a r
h B reflects on his fitness to
Rule 7.03 A lawyer shall not engage in conduct that adversely
practice law,C nor shall he, whether in public or privateslife, behave in a scandalous
l e
b
manner to the discredit of the legal profession.
n r
Held: While it may be true that the complainant Ella Tabang herself engaged in illicit activities,
respondents offense. Quite the contrary, his offense is evenamade graver. He is a lawyer who is a
the complainants own complicity does not negate or even mitigate the repugnancy of
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
A.C. No. 6832, October 22, 2013
s
Atty. Oscar L. Embido vs. Atty. Salvador N. Pe, Jr.
l e
b
Specifically, the deliberate of the court decision by the respondent was an act that reflected a
R o
high degree of moral turpitude on his part. Worse, the act made it a mockery of the
administration of justice in this country, given the purpose of the falsification which was to
B a
Ch e s
RAUL M. FRANCIA vs. ATTY. REYNALDO V. ABD0N
b l
o
Facts: Respondent Labor Arbiter was charged with having asked for P1 million from an electric
R
cooperative to facilitate a favorable decision pending in the Court of Appeals. But the case was
an r
decided against the cooperative. However, the evidence presented showed that it was not the
respondent but a certain Vistan who asked for the money.
B a
Ch es
Held: In the absence of preponderant evidence, the presumption of innocence of a lawyer
b l
stands. Nevertheless, respondent was held liable for violating Rule 7 by introducing Vistan to
o
the cooperative.
n
for dismissal
of the disbarment proceedings on the ground of executive pardon.
a
7
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
Bhas been granted pardon, there is nothing in the records that shows that
it was a full andsunconditional pardon. In addition, the practice of law is not a right but a
Held: Even if Sesbreo
privilege. 19lIte
bstandards of the legal profession justifies the imposition of the appropriate penalty
is granted only to those possessing good moral character. 20 A violation of the
o
high moral
R turpitude.
against a lawyer, including the penalty of disbarment. Homicide is considered a crime involving
nmoral
a A.C. No. 8313, July 14, 2015 a r
B
Ch PILAR IBANA-ANDRADE vs. ATTY. e sEVA PATTA-MOYA
Held: RespondentR
a
suspended from n the practice of law for an additional periodr
found guilty of violating Section 27, Rule 138 of the Rules of Court and
a of six (6) months.
h B
A.C.CNo. 7594, March 15, 2015
e s
b l
ALVIN S. FELICIANO vs. CARMELITA BAUTISTA-LOZADA
n
suspension. She claimed good faith.
a a r
Held: Atty. Lozada would have deserved a harsher penalty, but thisB
that it is part of theC
h Court recognizes the fact
sto a spouse.
l e
Filipino culture that amid an adversity, families will always look out and
o
that Atty. Lozadas actuation was prompted by her affection
R
essence, she was not representing a client rather than a spouse, we deem it proper to mitigate
the severeness of her penalty.
a n a r
Canon 8 - A lawyer shall conduct himself with courtesy, fairness and candor B
C h s
toward his
e
professional colleagues, and shall avoid harassing tactics against opposing counsel.
b l which is abusive,
Ro
Rule 8.01. A lawyer shall not in his professional dealings use language
offensive or otherwise improper.
e
favor, to give proper advice and assistance to those
neglectful counsel .
b l
R o
a n
8
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
A.C. No. 9881, June 4, 2014
s
Atty. Alan F Paguia vs. Atty. Manuel T. Molina
l e
b
Facts: Atty. Paguia filed an administrative complaint against Atty. Molina for allegedly giving
o
wrong advice to his clients.
R
n rshowing that his act was attended with bad faith or
Held: Even if we assume that Atty. Molina did provide his clients legal advice, he still cannot
a bemalice. a
B bytolawyers
held administratively liable without any
C h s
The rule on mistakes committed in the exercise of their profession is as
follows: An attorney-at-law is
e
not expected know all the law. For an honest mistake or error,
lJustice Abbott said that, no attorney is bound to know all the law;
God forbid that it should b
an attorney is not liable. Chief
R
a n
A.C. No. 10628, July 1, 2015
a r
h NOBLE, JR. vs. ATTY. ORLANDO AILES B
s
MAXIMINO
C
Facts: Complainant discovered that in text e
b l and charged exorbitant fees, snd referred to
messages to his client, respondent had been
Ro
maligning him, claiming that he was incompetent
him as abogado mong polpol.
a
Held: Though a lawyers language n may be forceful and emphatic, it should a ralways be dignified
h
and respectful, befitting the dignity of he legal profession. In the B Indulging
courts mind, the text
messages we intended C to malign and destroy the
e s
complainant. in offensive
personalities constitutes unprofessional conduct.
b l
Canon 9 - A lawyer shall not directly or indirectly assisto
R
in the unauthorized practice of law.
Rule 9.02. A lawyer shall not divide orn stipulate to divide a fee for legal servicesr
a B a with
C h
persons not licensed to practice law.
s
A.C. No. 9804, March 20, 2013
l e
Rodrigo Tapay vs. Atty. Charlie L. Bancolo and Atty. Janus T. Jarder
o b
R in his stead.
ato him. Although he may delegate Bar
n
Facts: A lawyer admitted to having authorized his secretary sign pleadings
Ch it to a non-lawyer.
Held: Atty. Bancolos authority to sign a pleading is personal
the signing of a pleading to another lawyer, he may not delegate
e s
B.M. No. 2540, September 24, 2013 b l
Ro
In Re: Petition to Sign in the Roll of Attorneys
a n that he had
Facts: Successful Bar examinee practiced law for several years, mistakenly believing
Ch
9
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
signed the roll of attorneys when he had not. Upon discovery of his fault, he filed a petition to
s
be allowed to sign the said roll.
l e
b
Held: While reading of Canon 9 appears to merely prohibit lawyers from assisting in the
R o
unauthorized practice of law, the unauthorized practice of law by the lawyer himself is
subsumed under this provision because at the heart of Canon 9 is the lawyers duty to prevent
R
be notarized to his clerical
l e
respondent volated Rule 9.01 and is liableb
Held: In relying on his clerical staff to determine
o
for misconduct/
o
secretary without his knowledge and authority.
h B
directs every lawyer to uphold at all times the integrity and dignity of the legal profession.
C e s
Canon 10 A lawyer owes candor, fairness and good faith to the court.
b l
Rule 10.01 A lawyer shall do no falsehood, nor consent to o
R to be misled.
the doing of any in court;
an r
nor shall he mislead the court by any artifice, or allow the court
B a
Sonic Steel Industries, Inc. vs. Atty. Nonatus P. Chua h
A.C. No. 6042, July 1, 2013
C e s
Facts: Respondent filed a petition for issuance of a search warrant against the complainant, b lon
the ground that it was infringing on a patent. He did not mention that the patent had
R o already
n
expired.
a
10
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
Held: Candor in all their dealings is the very essence of a practitioners honourable
s
membership in the legal profession. Lawyers are required to act with the highest standard of
e
truthfulness, fair play and nobility in the conduct of litigation and in their relations with their
l
b
clients, the opposing parties, the other counsels and the courts.
R o
A.C. 4549, Dec. 2, 2013
Ch prepared, e s
introducing a false marriage certificate, and filing a baseless motion to recall writ of
execution.
b l
Held: If the matter o
R arose from acts which carry civil or criminal liability and do not directly
A.C.C
h s
No. 10568. January 13, 2015
l e
b
Marilen G. Soliman Vs. Atty. Ditas Lerios-Amboy
a n
to her contact in the RD. Complainant paid only P50,000. Notwithstanding
a r no individual title
former co-owners. Respondent asked for P100,000 to be paid
was issued. A check with the RD showed that the delay was dueB
C h to respondents failure to
s P50,000.
submit some documents. The RD denied having asked for or
l e
received
an r
bound herself to respect the law and legal
processes.
B a
C h s
e
A.C. No. 7325. January 21, 2015
Dr. Domiciano F. Villahermosa, Sr. Vs. Atty. Isidro L. Caracol
l
b he asked for a
R
Facts: Respondent appeared for landowner in an agrarian case. Subsequently, o
a away at the time he filed the Bar
n
writ of execution, without stating that his clied already died.
a n
Ch
11
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
Canon 11 A lawyer shall observe and maintain the respect due to the courts and to judicial
s
officers and should insist on similar conduct by others.
l e
b
Rule 11.03. A lawyer shall abstain from scandalous, offensive and menacing language or
an r
Rule 11.04 A lawyer shall not attribute to a judge motives not supported by the record
B a
or having no materiality to the case.
Ch e s
A. C. No. 8954, November 11, 2013
b l
Hon. Maribeth Rodriguez-Manahan vs. Atty. Rodolfo Flores
R o
Facts: Judge Manahan reported Atty. Flores to the Supreme Court for filing a motion containing
n
disrespectful language.
a a r
Held: h B
C to be temperate in his language es
Atty. Flores also employed intemperate language in his pleadings. Atty. Flores is
expected
b l
Edgardo Arreola vs. Atty. Maria Vilmao
A.C. No. 10135, January 15, 2014
R Mendoza
a n prisoners and advised them to appeal
Facts: PAO lawyer met with detention
a rto the judge for the
dismissal of their cases.
h B
C s
e clients to approach the judge
l
and plead for compassion so that their motions could bebgranted. This admission corresponds
Held: Interestingly, Atty. Mendoza admitted that she advised her
Ro
to one of Arelas charges against Atty. Mendoza, that she told her clients Iyak-iyakan lang ninyo
si Judge Martin at palalayasin na kayo. Malambot
a
appear that the judge is easily moved if a party nresorts to dramatic antics such as begging
ang puso noon. Atty. Mendoza made it
a rand
h
crying in order for their cases to be dismissed. B
C
As such, the Court agrees with the IBP Board of Governors that Atty. eMendoza made
s
b l of the Code of
Ro
irresponsible advices to her clients in violation of Rule 1.02 and Rule15.07
Professional Responsibility.
Held: Atty. De Tazas actuations towards the complainant and his siblings were
a n even worse as
12
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
she had the gall to make it appear to the complainant that the proceedings before the Court can
s
be expedited and ruled in their favor in exchange for an exorbitant amount of money. Said
e
scheme was employed by Atty.De Taza just to milk money from her client. Without a doubt,
l
b
Atty. De Tazas actions are reprehensible and her greed more than apparent when she even
o
used the name of the Court to defraud her client.
R
n r
Canon 12 A lawyer shall exert every effort and consider it his duty to assist in the speedy and
a efficientRule a
12.02. A lawyer shall notB
administration of justice.
e
lcourt processes.
b
Rule 12.04 A lawyer
o
judgment, or misuse
R
an III Vs. Atty. Romeo S. GonzalesBar
A.C. No. 6760. January 30, 2013
Anastacio N. Teodoro
C h
Lawyer filed petition for settlement of s
annulment of contract, without mentioning theependency of the former action.
Facts: estate of a dead person and civil case for
b l
Held: While the reliefs prayed for ino
R resolved
the initiatory pleadings of the two cases are different in
a n
form, a ruling in one case would have the other, and vice versa.
a r
h
Thus, the relief prayed for, the facts upon which it is based, and the Bparties arearepresent,
substantially
C
Gonzales committed forum shopping when he filed Civil Casee
similar n the two cases. Since the elements of res judicata and s
litis pendentia Atty.
Ro
anZ. A. NAZARENO r
A.C. No. 6677, June 10, 2014
EUFROCINA CRISOSTOMO, et al. vs. ATTY. PHILIP
B a
h
Facts: Lawyer filed 6 complaints for ejectment with a uniform certification s
C e
against forum
shopping which he notarized and assigned the same document number.
b l
Held: In this case, it has been established that Atty. Nazareno made o
R for which he should be
false declarations in the
n r
certifications against forum shopping attached to Rudexs pleadings,
held administratively liable.
a a
C h only one document number to the s B
e
Separately, he was found guilty of malpractice in assigning
six certifications he notarized.
b l
Canon 13 - A lawyer shall rely upon the merits of his cause and refrain from any impropriety
R o
n
which tends to influence or gives the appearance of influencing the court
a
13
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
Rule 13.03. A lawyer shall not brook or invite interferences from another branch or
s
agency of the government in the normal course of judicial proceedings.
l e
b
Dante LA Jimenez & Lauro G. Vizconde Vs. Atty. Felisberto L. Verano, Jr./Atty. Oliver O. Lozano
R o
Vs. Atty. Felisberto L. Verano, Jr.
A.C. No. 8108/A.C. No. 10299. July 15, 2014
a
behavior sought nto be regulated by the codified norms forar
treatment and consideration from a government agency. This is precisely the type of improper
the bar. Respondent is duty-bound to
activelyh B
sprocess is diluted.
avoid any act that tends to influence, or may be seen to influence, the outcome of an
C case, lest the peoples faith in the judicial
ongoing
e
b l fairness and loyalty in all his dealings and
Ro
Canon 15 A lawyer shall observe candor,
transactions with his client.
o
principles of fairness.
Ro
acceptance fee indicated in the retainer agreement, from the complainant.
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
Nevertheless, liabulity of a lawyer atraches only to those duties he is personally liable for.
es
A.C. NO. 9537, June 10, 2013
b l
DR. TERESITA LEE vs. ATTY AMADOR J. SIMANDO
R o
Facts: Atty. Simando was a retained counsel of Dr. Lee. He persuaded her to lend money to
an r
another client. Felicito Mejorada, and even offered to sign the promissory notes as co-maker.
B a
When Mejorada failed to pay, Dr. Lee asked Atty. Simando to file a case against him. Atty
Ch s
Simando failed to do so. Dr. Lee filed an administrative case against him.
l e
b
Held: It must be stressed that the prescription against representation of conflicting interests
o
finds application where the conflicting interests arise with respect to the same general matter
R
however slight the adverse interest may be. It applies even if the conflict pertains to the
n r
lawyers private activity or in the performance of a function in a non-professional capacity.
a a
A.C. No.h B
s
6664, July 16, 2013
C
FERDINAND SAMSON vs. ATTY. EDGARDO ERA
e
b l
o scam under the name of ICS Exports, Inc. Atty. Era
Facts: Samson and his relatives retained Atty. Era to assist them in the prosecution of Sison and
a nin which Sison and his group, by whichatherlatter will turn over
to accept an amicable settlement
estafa against Sison, et al. Thereafter, he persuaded Samson
h
a property to them. They acceded, but later found out that the title Bto thetheproperty was no
longer in the name C
e sin other estafa cases. Atty. but
of ICS. They looked for Atty. Era who had guaranteed settlement,
they found that he was already representing Sison and his group
l
b between him and the Samsons.
Era
o
argued that there was no longer any lawyer-client relationship
e
the severance of the relation, a lawyer should not do anything that will injuriously affect his
l
former client in any matter in which the lawyer previously represented the client.
b
even to himself. The protection given to the client is perpetual. R
The lawyers highest and most unquestioned duty is to protect the client o at all hazards and costs
an B ar
DARIA O. DAGING vs. ATTY. RIZ TINGALONG L. DAVIS h
A.C. No. 9395, Nov. 12, 2014
C e s
Facts: Davis & Reyes Law Office was the retained counsel of the complainant, who owned l
blounge
and
was taken over by the lessor, accompanied by the respondent Respondent filed R
operated the Nashville Country Music Lounge, Baguio City. For failure to pay rent, the o
n
an ejectment
a
case against the lessor, and the latter was represented by the respondent. Charged with conflict
Ch
15
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
of interest, respondent argued that it was only his partner which entered into a retainership
s
agreement with the complainant, and he never obtained any knowledge or information
e
regarding the business of the complainant who used to consult only his partner.
l
o b
Held: A lawyer who takes up the cause of the adversary of the party who has engaged the
R
services of his law firm brings the law profession into public disrepute and suspicion and
an r
undermines the integrity of justice. Respondents argument that he never took advantage of
B a
any information acquired by his law firm in the course of its professional dealings with the
Ch s
complainant, is of no moment
l e
b
A.C. No. 10587, Feb. 25, 2015
o
Wilfredo Anglo vs. Atty. Jose Ma. Valencia, et al.
R
an r
Facts: Respondents were charged with conflict of interests in filing a criminal case against
a
parties whom they previously represented in labor cases. Their defense is that their association
B
h s acceptance of the criminal case arose from
was not a formal partnership but a special arrangement.
C e
l by which it would have been able to keep track of
b
Held: As the Court observes, the law firms unethical
n
Paracale. Respondent entered his appearance as counsel
a a r
h B
Held: Respondent is guilty of representing conflicting interests. This rule prohibits a lawyer from
C
representing new whose interests oppose those of a former client in any manner,
e s whether or
l
not they are parties in the same action of on totally unrelated cases. Evidence showed that the
b
o
respondent had been paid attorneys fees by complainant.
an r
of his client that may come
into his possession.
B a
Rule 16.01 A lawyer shall account for all moneyh or property collected or received for or s
C e
from the client.
b l
R
Rule 16.02- A lawyer shall keep the funds of each client separate and apart from o his own
n
and those of others kept by him.
a
16
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
Rule 16.04. A lawyer shall not borrow money from his client unless the clients interests
s
are fully protected by the nature of the case or by independent advice.
l e
b
A.C. No. 7965, November 14, 2013
o
AZUCENA SEGOVIA-RIBAYA vs. ATTY. BARTOLOME C. LAWSIN
R
n rfor litigation and registration expenses. Respondent
Facts: Complainant retained the services of the respondent for the registration of a parcel of
a land a
failed to fulfill his undertaking after B
in 6 months, and gave him P54,000.00
C h s
more than 3 years. Complainant demanded the return of
her money to no avail.
e
Respondent replied that he could not register the land because its
l He was willing to return the balance of the money given
him but he was preventedbfrom doing so because the complainant maligned him in his office.
ownership was still under litigation.
R o
nto account for the money given him. Theacourt r ordered him suspended for one
Held: The Court held that complainants purported act of maligning respondent does not
a
justify his failure
year, buth B
C hence, its return partakes the natureeofsa purely civil liability.
did not order the return of the money given him because it was given for registration
expenses,
b l
Ro JR., et al.
A.C. No. 5044, December 2, 2013
FELIPE C. DEGALA v. ATTY. JOSEC. QUESADA,
company offered to pay complainant P74,000 .00 by way ofesettlement, conditioned on the
Complainant filed the case again, assisted by Atty. Adquilen. A representative of the respondent
C h s
e
Held: The Court concurred with the finding that the respondents were negligent, but not with
the order to pay P74,000.00, which was in the nature of a civil liability
b l
Ro
A.C. No. 7337, Sept. 29, 2014
n
of expenses. Bur he failed to present any agreement to pay him additional
reimbursement of expenses.
a
17
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
Held: RespondentsB
s
failure to immediately account for and return the money when due and
l e
upon demand violated the trust reposed in him, demonstrated his lack of integrity and moral
b
soundness, and warrants the imposition of disciplinary action.
o
RNo. 10681. February 3, 2015
Spouses Henry A. Concepcion and Blesida S. Concepcion Vs. Atty. Elmer A. Dela Rosa
nA.C.
a Facts: As above-discussed, respondent a r
h B
s
borrowed money from complainants who were his
C clients and whose interests,
e
by the lack of any security on the loan, were not fully protected.
Ro andengagement.
not involve his civil liability for money received
and not intrinsically linked to his professional In this case, respondent received the
o
CF SHARP CREW MANAGEMENT, INC. vs. NICOLAS C. TORRES
n r
EDUARDO A. MAGLENTE vs. ATTY. DELFIN R. AGCAOILI, JR. a a
A.C. No. 10672. March 18, 2015
h B
C e s
Facts: Respondent given P48,000 as filing fee for a case to be filed by him. He failed to file and
to return the money to his client, b l
o
R Since the
n
Held: Respondent suspended for one year and ordered to return the P48,000.
aforesaid amount was intended to answer for filing fees which is intimately
a related to the
18
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
lawyer client relationship between complainant and respondent, the Court finds the return
s
thereof to be in order.
l e
b
Canon 17 A lawyer owes fidelity to the cause of his client and shall be mindful of the trust and
o
confidence reposed in him.
R
n r
Canon 18 A lawyer shall serve his client with competence and diligence
a Canon 19 A lawyer shall represent hisBaclient
C h s
with zeal within the bounds of the law.
e
l M. MILLO
b
A.C. No. 9612, March 13, 2013
o
JOHNNY M. PESTO vs. MARCELITO
R
anHe also delayed answering to the charges r
Facts: Lawyer charged for delays in rendering service to client and giving client false information
to justify delays.
B a against him.
Held:C
h s
mindful of the trust and confidence reposed ine
Every attorney owes fidelity to the causes and concerns of his client. He must ever be
l e examination of questioned
still collected appearance fees,
o
of having been granted time to file the
an in their conviction. r
promulgation of judgment, and indicated the
wrong case number in the notice of appeal, resulting
a
Bcourts and
C h s
society indicate a high degree of irresponsibility that casts dishonor on the e
Held: His incompetence and appalling indifference to his duty to his client, the
b l legal profession.
o
Respondent was suspended from the practice of law for 5 years.
R
Spouses George & Aurora Warriner vs. Atty. Rene M. Dublin n r
A.C. No. 5239. November 16, 2013
a B a
Ch the evidence was fabricated. es
Facts: Lawyer deliberately neglected a case because he believed
Held: Respondent deliberately mishandled his case. This is improper. If the lawyer believes b lthat
the exhibits to be presented are fabricated, he has the option to withdraw fromo
R
the case
n
pursuant to Canon 22 of the Code of Professional Responsibility.
a
Ch
19
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
A.C. No. 4046, October 8, 2013
s
Ma. Jennifer Tria-Samonte vs. Epifania Fanny Obias
l e
b
Facts: Lawyer who received purchase price from her client to buy a piece of land, and received
R o
the title from the seller, notarized a deed of sale of the same property in favor of another
person.
RoS. Diamante
2014
Jose Allan Tan Vs. Pedro
l e
order evidently constitutes Gross Misconduct. His acts should not just be deemed as
b
unacceptable practices that are disgraceful and they reveal a basic moral flaw
o
that makes him unfit to practice law.
R
A.C. Np. 10196, September 9, 2014
n
a A. SAMPANA
MELODY N. NERY vs. ATTY. GLICERIO
a r
h B
Facts: Complainant C retained services of respondent to secure an s
e for his fees in the adoption
annulment of her marriage
and her adoption by an alien adopter. She paid him P100,000.00
l
b filed in court. However, when she
o
case, and he told her that the petition had already been
R
checked in the court, she found out that no petition had been filed.
a n
Held: Verily, Sampana neglected the legal matter entrusted to him. He even kept the money
a r
h
given him in violation of the Codes mandate to deliver the clients funds upon demand B
C e s
Suspended for 3 years and ordered to return P100,000.00 with interest.
b l
Canon 20 A lawyer shall charge only fair and reasonable fees.
R o
n r
accept any fee, reward, costs, commission, interest,a a
Rule 20.03 A lawyer shall not, without the full knowledge and consent of his client,
n
and shall resort to judicial action only to prevent imposition, injustice or fraud.
a
20
C h
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
A.C. No. 5359. March 10, 2014
s
EMERLINDA LAD VDA. DE DOMINGUEZ vs. ATTY. ARNULFO M. AGLERON. SR.
l e
b
Facts: Respondent was retained to file a case for damages against the Municipality of Caraga.
R o
He prepared the complaint but did not file it because of the failure of his client to pay the
balance of the filing fee and his 30% attorneys fees
anHeld: a ar
B full attention whether he accepts this for a fee or
The respondents justification is not valid excuse that would exonerate him from liability.
b
acceptance of appearance fees to the respondent,
l but that the docket fees would instead be
b l
advising his clients not to accept the offer of theR
o Responsibility. He was correct in
Held: The respondent did not violate the Code of Professional
compensation.
h B
C s
eis in the nature
However, the contract for legal services he has executed with the complainants
l
b a lawyer from
lending money to a client, except when in the interest of justice, he o
of a champertous agreement. It is also contrary to Rule 16.04 which prohibits
www.chanroblesbar.com : www.chanroblesbar.com.ph
ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.
a r
B
her son.
es
She paid him P5,000 as acceptance fee. Subsequently, she terminated the lawyer-client
b l
relationship for loss of confidence, and demanded the return of the P5,000.
R o
Held: An acceptance fee refers to the charge imposed by the lawyer for merely accepting a case.
an r
This is because once the lawyer agrees to represent a client, he is precluded from handling the
B a
case of the opposing party based on the prohibition on conflict of interest. Thus, he incurs and
Ch s
opportunity cost by merely accepting the case of the client which is therefore indemnified by
e
the payment of acceptance fee. Since the acceptance fee only seeks to compensate the lawyer
l
b
for a lost opportunity, it is not measured by the nature and extent of the legal services
o
rendered.
R
an B a r
Ch es
b l
R o
a n a r
B
Ch es
b l
R o
an B a r
Ch es
b l
R o
an B ar
Ch es
bl
R o
an
Ch
22
www.chanroblesbar.com : www.chanroblesbar.com.ph