PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS

FEBRUARY 2014

Title of the Case / Date of the
Decision
Wilberto C. Talisic v. Atty. Primo R.
Rinen,
A.C. No. 8761, February 12, 2014.
Carlito Ang v. Atty. James Joseph
Gupana,
A.C. No. 4545. February 5, 2014.
Executive Judge Ma. Ofelia S.
Contreras-Soriano v. Clerk III Liza D.
Salamanca, Metropolitan Trial Court,
Branch 55, Malabon City,
A.M. No. P-13-3119. February 10,
2014.
Problem Areas Canons violated Penalty Imposed by the
Court
● Failure to personally verify the identity of all ● ● REVOCATION of notarial
parties who purportedly signed the subject commission and
document and whom, as he claimed, appeared disqualification from being
before him on April 7, 1994. commissioned as a notary
public for one year.
● Failure to require the personal presence of ● Section 1 of Public Act No. 2103, ● REVOCATION of his
Candelaria Magpayo when he notarized the otherwise known as the Notarial notarial commission,
Affidavit of Loss which Candelaria allegedly Law ●DISQUALIFICATION from
executed on April 29, 1994. being commissioned as a
notary public for a period
In this case, the jurat of the Affidavit of Loss of two years ;
stated that Candelaria subscribed to the affidavit ●SUSPENSION from the
before Atty. Gupana on April 29, 1994, at practice of law for one
Mandaue City. Candelaria, however, was already year.
dead since March 26, 1991. Hence, it is clear that
the jurat was made in violation of the notarial
law.
● Unauthorized/unexplained absences and other ● Code of Conduct and Ethical ●
infractions: Standards for Public Officials and
(1) failure to account for and turn over the partial Employees, Section 4(c) which
settlement amount of a civil obligation; and commands that “public officials and
(2) failure to account for and turn over the employees shall at all times respect
payment for legal fees she received in a case. the rights of others, and shall
refrain from doing acts contrary to
public safety and public interest. “

Angelito R. Marquez, et al. v. Judge
Venancio M. Ovejera, etc., et al.,
A.M. No. P-11-2903, February 5,
2014.
● Failure to disclose in her SALN for the years
2004 and 2005 certain time deposits, among
others
●Section 8 of RA 6713
“all other assets such as
investments, cash on hand or in
banks, stocks, bonds, and the like”,
should be declared by the public
official in his or her SALN”

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 PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
FEBRUARY 2014

Title of the Case / Date of the Problem Areas Canons violated Penalty Imposed by the
Decision Court
Veronica F. Galindez v. Zosima ● Grave misconduct of court personnel ● Section 2, Canon 1 of the Code of ● DISMISSAL from service.
Susbilla-De Vera, ●Soliciting money to supposedly facilitate a legal Conduct for Court Personnel
A.M. No. P-13-3126 proceeding in court.
February 4, 2014

Anacleto O. Villahermosa, Sr., et al. v. ●Grave misconduct of court personnel ● The Code of Conduct for Court ●Dismissal from service
Victor Sacia, Executive Assistant IV ●The Respondents who are employees of the CA Personnel with forfeiture of
and Efren R. Rivamonte, etc., solicited and received money from litigants. retirement benefits and
A.M. No. CA-14-28-P perpetual disqualification
February 11, 2014 from holding public office
in any branch or
instrumentality of the
government, including
government–owned or
controlled corporations
Rex M. Tupal v. Judge Remegio V. ●Gross ignorance of the law. ● New Code of Judicial Conduct and ●SUSPENSION for 6 months
Rojo, etc., ●Judge Rojo notarized affidavits of cohabitation, Circular No. 1–90 from office.
A.M. No. MTJ-14-1842. which were documents not connected with the
February 24, 2014 exercise of his official functions and duties as
solemnizing officer.
●He also notarized affidavits of cohabitation
without certifying that lawyers or notaries public
were lacking in his court’s territorial jurisdiction.