PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS

FEBRUARY 2013

Title of the Case / Date of the
Decision
Verleen Trinidad, Florentina Lander,
Wally Casubuan, Minerva Mendoza,
Celedonio Alojado, et al. vs. Atty.
Angelito Villarin,
A.C. No. 9310
February 27, 2013.
Patrocinio V. Agbulos vs. Atty.
Roseller A. Viray
A.C. No. 7350
February 18, 2013
Ray Antonio C. Sasing vs. Celestial
Venus G. Gelbolingo, Sheriff IV, RTC,
Branch 20, Cagayan de Oro City
A.M. No. P-12-3032
February 20, 2013
Erlinda C. Mendoza vs. Pedro S.
Problem Areas
●Offered in evidence a false
document.
● Failure to discharge his duties as
notary public in requiring affiant’s
personal appearance in notarizing a
document.
●A notary public should not notarize
a document unless the person who
signed the same is the very same
person who executed and personally
appeared before him to attest to the
contents and the truth of what are
stated therein.
● Sheriff Gelbolingo’s failure to
properly respond to the letters is
tantamount to discourtesy. A simple
note as to where their personal
effects were temporarily stored
could have assured Sasing that their
belongings were not confiscated but
merely stored for safekeeping.
● Negligence and Dereliction of
Canons violated
● Rule 19.01 of the Code of
Professional Responsibility.
●A lawyer shall employ only fair and
honest means to attain lawful
objectives. Lawyers must not present
and offer in evidence any document
that they know is false.
●Code of Professional Responsibility
●Uniform Rules on Administrative
Cases in the Civil Service, Rule IV,
Section 52(C)(1)
● Section 1, Canon IV of the Code of
Penalty Imposed by the Court
●
●Revocation of his notarial
commission, disqualification from
being commissioned as a notary
public for a period of two years,
and suspension from the practice of
law for one year.
●The penalty imposable for such an
offense is either a reprimand for the
first offense, a suspension from 1 day
to 30 days for the second offense,
and dismissal from public service for
the third offense. In this case, the
court admonished Sheriff Gelbolingo
considering there was an effort on
her part to meet with Sasing twice,
but the latter did not appear on the
second scheduled meeting.
●The court held that Esguerra was

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Esguerra, Process Server, RTC, Br. 89, Duty. Conduct for Court Personnel guilty of simple neglect of duty.
Sto. Domingo, Nueva Ecija, ●Delay in the service of Court’s
A.M. No. P-11-2967 Order.
February 13, 2013
Anonymous vs. Judge Rio C. Achas, ●Anonymous complaint for going out ●Canons of the New Code of Judicial ●
MTCC Branch 2, Ozamiz City, Misamis in public with a woman not his wife Conduct for Philippine Judiciary.
Occidental, and for engaging in cockfighting.
A.M. No. MTJ-11-1801
February 27, 2013
Ethelwoldo E. Fernandez, Antonio A. ●Gross ignorance of the law.
Henson & Angel S. Ong vs. Court of
Appeals Asso. Justices Ramon M.
Bato, Jr., Isaias P. Dicdican,
A.M. OCA IPI No. 12-201-CA-J
February 19, 2013
Eduardo Panes, Jr. et al. vs. Judge ●Gross ignorance of the law. ● Rule 140, Section 8 ●
Oscar E. Dinopol, RTC, Branch 24, ●Judge did not inhibit himself from ●Section 1, Rule 137 of the Rules of
Koronadal City/Joewe Palad vs. Judge taking cognizance of the civil case Court.
Oscar E. Dinopol, RTC, Branch 24, assigned to him where one of the
Koronadal City/Roque C. Facura, et plaintiffs is a relative bt affinity
al. vs. Judge Oscar E. Dinopol, RTC, within the sixth degree,
Branch 24, Koronadal City/Eden V.
Castro vs. Judge Oscar E. Dinopol,
RTC, Branch 24, Koronadal
City/Rosalinda G. Farofaldane vs.
Judge Oscar E. Dinopol, RTC, Branch
24, Koronadal City/Engr. Roque C.
Facura, et al. vs. Judge Oscar E.
Dinopol, RTC, Branch 24, Koronadal
City, A.M. OCA-IPI No. 07-2618-
RTJ/A.M. No. OCA-IPI No. 07-2619-
RTJ/A.M. No. OCA-IPI No. 07-2652-
RTJ/A.M. No. OCA-IPI No. 07-2720-
RTJ/A.M. No. OCA-IPI No. 07-2721-
RTJ/A.M. No. OCA-IPI No. 08-2808-
RTJ. February 12, 2013.
Victoriano G. Manlapaz vs. Judge ●Willful failure to pay a just debt. ● Section 8, Rule 140 of the Rules of ●FINE
Manuel T. Sabillo, MCTC, Lamitan, ●Manlapaz charged Judge Sabillo Court

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Basilan, A.M. No. MTJ-10-1771. with serious and gross misconduct
February 13, 2013. for failure to return an amount
arising from a transaction despite
demand letters sent to him.
●Just debts refer to
(1) claims adjudicated by a court of
law; or
(2) claims, the existence and justness
of which are admitted by the debtor.
Missing Exhibits and Court ●Judicial Audit
Properties in Regional Trial Court, ●The OCA submitted its
Br. 4, Panabo City, Davao del memorandum to then Acting Chief
Norte, Justice Antonio T. Carpio for a
A.M. No. 10-2-41-RTC conduct of judicial audit against
February 27, 2013. Judge Grageda more than two years
and seven months after he was
compulsorily retired.
“its officials and employees
administratively liable in unpaid debt
situations.
●The Court can no longer acquire -----
administrative jurisdiction over him
by filing a new administrative case
against him after he has ceased to be
a public official. The remedy is to file
the appropriate civil or criminal case
against him for the alleged
transgression.

Moreover, to hold Judge Grageda

Atty. Manuel J. Jimenez, Jr. vs.
Presiding Judge Michael M.
Amdengan, Municipal Trail Court,
Angono Rizal,
A.M. No. MTJ-12-1818.
February 13, 2013
●Undue Delay in rendering a Decision
in the ejectment case.
liable, there must be substantial
evidence that he committed an
offense. Otherwise, the presumption
is that he regularly performed his
duties.
●Section 9, Rule 140 of the Rules of ● The court considered his candid
Court admission and acceptance of his
infraction as factors in imposing only
a FINE