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LEGAL ETHICS
A. Practice of law (Rule 138)
1. Concept
a) Privilege
DISBARMENT COMPLAINT AGAINST THE FORMER LAWYER WHO HAS
BEEN ACCUSED OF GROSS MISCONDUCT
Fernando Chu v. Atty. Jose C. Guico, Jr.
A.C. No. 10573, January 13, 2015
Per Curiam:
Atty. Guico willingly and wittingly violated the law in appearing to counsel Chu
to raise the large sums of money in order to obtain a favorable decision in the labor case.
He thus violated the law against bribery and corruption. His acts constituted gross
dishonesty and deceit, and were a flagrant breach of his ethical commitments under the
Lawyers Oath not to delay any man for money or malice.
2. Qualifications
CONTINUING REQUIREMENT IN THE LEGAL PROFESSION; CANON 1
Philippine Association of Court Employees (Pace), Represented by its President,
Atty. Virginia C. Rafael v. Atty. Edna M. Alibutdan-Diaz
A.C. No. 10134, November 26, 2014
Mendoza, J.:
Candor in all the lawyers dealings is the very essence of a practitioner's honorable
membership in the legal profession. Atty. Diaz' delay in the liquidation of the finances of
PACE; her running for re-election, including her non-admission that she ran for said
election as shown not by her certificate of candidacy but by the affidavits of former
PACE officers; and her involvement in the approval or passage of the questioned termend bonus of PACE officers, including herself even though she was no longer working in
the Judiciary, were definitely not the candor the Court speaks of.
GOOD CHARACTER, A CONTINUING REQUIREMENT FOR CONTINUED
PRACTICE OF LAW
Antonina S. Sosa v. Atty. Manuel V. Mendoza
A.C. No. 8776, March 23, 2015
Brion, J.:
Atty. Mendoza engaged in improper or wrong conduct, as found under Rule 1.01,
as the failure to pay the loan was willful in character and implied a wrongful intent and
not a mere error in judgment. Any gross misconduct of a lawyer in his professional or in
his private capacity is a ground for the imposition of the penalty of suspension or
disbarment because good character is an essential qualification for the admission to and
7. Lawyers oath
LAWYER WHO WILLFULLY RESORTS TO ANY FALSEHOOD IN ORDER TO
MISLEAD THE COURTS OR HIS CLIENTS ON THE STATUS OF THEIR
CAUSES
Henry Samonte v. Atty. Gines Abellana
A.C. No. 3452, June 23, 2014
Bersamin, J.:
Atty. Abellana abjectly failed the expectations of honesty, integrity and
trustworthiness in his dealings with Samonte as the client, and with the RTC as the trial
court. He resorted to outright falsification by superimposing 0 on 4 in order to
mislead Samonte into believing that he had already filed the complaint in court on June
10, 1988 as promised, instead of on June 14, 1988, the date when he had actually done so.
He submitted two documents, which turned out to be forged and spurious, and his forgery
came to be exposed because the rubber stamp marks the documents bore were not the
official marks of the RTC.
A
LAWYERS
RELATIONSHIP
WITH
OTHERS
SHOULD
BE
CHARACTERIZED BY THE HIGHEST DEGREE OF GOOD FAITH, FAIRNESS
AND CANDOR
Tan v. Diamante
A.C. No. 7766, August 5, 2014
Per Curiam:
The respondent is administratively liable for failure to keep the client
informed of the status of his case and shall respond within a reasonable time to clients
request for information. Worse, he attempted to conceal the dismissal of complainants
appeal by fabricating the November 9, 2007 Order which purportedly required a DNA
testing to make it appear that complainants appeal had been given due course, when in
truth, the same had long been denied. In so doing, respondent engaged in an unlawful,
dishonest, and deceitful conduct that caused undue prejudice and unnecessary expenses
on the part of complainant.
BREACH OF THE LAWYER'S OATH
CANON 1
Florencio A. Saladaga v. Atty. Arturo B. Astorga
A.C. No. 4697/A.C. No. 4728, November 25, 2014
Leonardo-De Castro, J.:
A lawyer who drafts a contract must see to it that the agreement faithfully and
clearly reflects the intention of the contracting parties. Atty. Astorga made it appear that
the property was covered by TCT No. T-662 under his name, even giving complainant the
owners copy of the said certificate of title, when the truth is that the said TCT had
already been cancelled some nine years earlier by TCT No. T-3211 in the name of PNB.
The actions of respondent clearly fall within the concept of unlawful, dishonest, and
deceitful conduct.
Spouses Willie and Amelia Umaguing v. Atty. Wallen R. De Vera
A.C. No. 10451, February 4, 2015
Perlas-Bernabe, J.:
The Lawyers Oath enjoins every lawyer not only to obey the laws of the land but
also to refrain from doing any falsehood in or out of court or from consenting to the
doing of any in court. Atty. De Vera sanctioned the submission of a falsified affidavit
before the court in his desire to beat the deadline for filing the election protest of
Umaguing. The assertion that Atty. De Vera authorized the falsification of Almeras
affidavit is rendered more believable by the absence of Atty. De Veras comment on the
same.
B. Duties and responsibilities of a lawyer
1. To society
a) Respect for law and legal processes
MAKING FALSE DECLARATIONS IN THE CERTIFICATION AGAINST
FORUM SHOPPING
Crisostomo, et al. v. Atty. Nazareno
A.C. No. 6677, June 10, 2014
Perlas-Bernabe, J.:
Under Section 5, Rule 7 of the Rules of Court, the submission of false entries in a
certification against forum shopping constitutes indirect or direct contempt of court, and
subjects the erring counsel to the corresponding administrative and criminal actions. The
Court found the respondent guilty of making false declarations in the certifications
against forum shopping and also finds the respondent guilty of malpractice as a notary
public for assigning only one document number to the certifications in the 6 complaints
for recission
MISREPRESENTATION, DECEIT, AND FAILURE TO ACCOUNT FOR AND
RETURN HER MONEY DESPITE SEVERAL DEMANDS AS GROUNDS FOR
SUSPENSION
Agot v. Atty. Rivera
A.C. No. 8000, August 5, 2014
Perlas-Bernabe, J.:
As officers of the court, lawyers are bound to maintain not only a high standard of
legal proficiency, but also of morality, honesty, integrity, and fair dealing. Respondent
misrepresented himself as an immigration lawyer, in truth, however, respondent has no
specialization in immigration law but merely had a contact allegedly with Pineda, a
purported US consul, who supposedly processes US visa applications for him.
Respondent likewise failed to perform his obligations under the Contract, which is to
facilitate and secure the issuance of a US visa in favor of complainant. This constitutes a
flagrant violation of Rule 18.03, Canon 18 of the CPR.
A LAWYERS MISCONDUCT
Rebecca Marie Uy Yupangco-Nakpil v. Atty. Roberto L. Uy
A.C. No. 9115, September 17, 2014
Perlas-Bernabe, J.:
Atty. Uy committed some form of misconduct by, as admitted, mortgaging the
subject property, notwithstanding the apparent dispute over the same. Regardless of the
merits of his own claim, Atty. Uy should have exhibited prudent restraint becoming of a
legal exemplar. He should not have exposed himself even to the slightest risk of
committing a property violation nor any action which would endanger the Bars
reputation.
DELIBERATE FAILURE TO PAY DEBTS
MISCONDUCT
Estrella R. Sanchez v. Atty. Nicolas C. Torres, M.D.
A.C. No. 10240, November 25, 2014
Per Curiam:
CONSTITUTES
GROSS
CODE
OF
PROFESSIONAL
ELEMENT
OF
Atty. Francisco did not violate the rule on conflict of interests. The factors to be
considered are as follows:
(1) There exists an attorney-client relationship, or a prospective attorney-client
relationship, and it is by reason of this relationship that the client made the
communication.
(2) The client made the communication in confidence.
(3) The legal advice must be sought from the attorney in his professional capacity.
(iv) Candid and honest advice to clients
(v) Compliance with laws
(vi) Concurrent practice of another profession
c) Clients moneys and properties
MISAPPROPRIATION AS A GROUND FOR DISBARMENT
CF Sharp Crew Management Incorporated v. Nicolas C. Torres
A.C. No. 10438, September 23, 2014
Per Curiam:
A lawyers failure to return upon demand the funds held by him on behalf of
his client gives rise to the presumption that he has appropriated the same for his own
use in violation of the trust reposed in him by his client. Such act is a gross violation
of general morality as well as of professional ethics. Respondents acts of
misappropriation constitute dishonesty, abuse of trust and confidence reposed in him
by the complainant, and betrayal of his clients interests which he is duty-bound to
protect.
CANON 16
LAWYER HOLDS IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSSESSION
AFTER
RECEIVNG
FULL
administratively liable for violating Rule 18.03, Canon 18 of the CPR. It must be stressed
that once a lawyer takes up the cause of his client, he is duty-bound to serve the latter with
competence, and to attend to such clients cause with diligence, care, and devotion whether
he accepts it for a fee or for free.
(iii) Collaborating counsel
(iv) Duty to apprise client
DILIGENCE REQUIRED NOT ONLY FROM LAWYERS BUT ALSO FROM
CLIENTS
Resurreccion, et al. v. People of the Philippines
G.R. No. 192866, July 9, 2014
Brion, J.:
Nothing is more settled than the rule that the negligence and mistakes of the
counsel are binding on the client. However, Atty. Corpuz cannot entirely be faulted for
the waiver of the petitioners' defense due to their failure to attend the hearing. As clients,
it is the petitioners' correlative duty to be in contact with Atty. Corpuz from time to time
to inform themselves of the status of their case. "Diligence is required not only from
lawyers but also from their clients."
f) Representation with zeal within legal bounds
(i) Use of fair and honest means
(ii) Clients fraud
(iii) Procedure in handling the case
g) Attorneys fees
QUANTUM MERUIT IS USED AS BASIS FOR DETERMINING AN
ATTORNEYS PROFESSIONAL FEES IN THE ABSENCE OF AN EXPRESS
AGREEMENT.
Augusto M. Aquino v. Hon. Ismael P. Casabar
G.R. No. 191470, January 26, 2015
Peralta, J.:
Quantum meruit literally meaning as much as he deserves is used as basis for
determining an attorneys professional fees in the absence of an express agreement.
Considering petitioner's effort and the amount of time spent in ensuring the successful
disposition of the case, petitioner rightfully deserves to be awarded reasonable attorney's
fees for services rendered.
(i) Acceptance fees
(ii) Contingency fee arrangements
(iii) Attorneys liens
(iv) Fees and controversies with clients