Escolar Documentos
Profissional Documentos
Cultura Documentos
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A Complaint was filed before the Office of the Bar Confidant by Mrs.
Agbulos against Atty. Viray for allegedly notarizing a document
denominated as Affidavit of Non-Tenancy in violation of the Notarial
Law since a competent evidence of identity was not presented. Atty.
Viray argued that the Notarial Rules did not amend Section 163 of
the Local Government Code which only requires the presentation of
a Community Tax Certificate when notarizing a document since the
Ana Salinas filed a case for Violence Against Women and their
Children with a Petition for the Issuance of a Temporary Protection
Order against her husband Roy Salinas before the Regional Trial
Court. After a chamber conference with both parties counsels,
Judge Bitas immediately issued an Order appointing Mervyn Aover
as the administrator of the spouses community properties. Ana
Salinas avers that she did not agree to the appointment of an
administrator, hence, she filed a Motion for Reconsideration of the
Order appointing Mervyn Aover as the administrator. In response,
Roy Salinas counsel filed his comment on the motion, with motion
to cite Ana Salinas for indirect contempt for her defiance to the
order of the court by disallowing Mervyn Aover to take over the
management of the spouses community properties. Judge Bitas
summarily held petitioner in contempt of court for violating the
courts order by disallowing the administrator to perform his duty. Is
Judge Bitas correct in issuing an order peremptorily holding Ana
Salinas in contempt of court?
A: Judge Bitas should be held administratively liable for summarily
holding Ana Salinas in contempt of court. Charges for indirect
contempt shall be commenced by a verified petition with supporting
particulars and certified true copies of documents or papers
involved therein, and upon full compliance with the requirements for
filing initiatory pleadings for civil actions in the court concerned. If
the contempt charges arose out of or are related to a principal
action pending in the court, the petition for contempt shall allege
that fact but said petition shall be docketed, heard and decided
separately, unless the court in its discretion orders the consolidation
of the contempt charge and the principal action for joint hearing
and decision. From the foregoing, it is clear that the following
procedural requisites must be complied with before petitioner may
be punished for indirect contempt: First, there must be an order
requiring the petitioner to show cause why she should not be cited
for contempt. Second, the petitioner must be given the opportunity
to comment on the charge against her. Third, there must be a
hearing and the court must investigate the charge and consider
petitioners answer. Finally, only if found guilty will petitioner be
punished accordingly. What is most essential in indirect contempt
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the other client. Thus, if a lawyers argument for one client has to
be opposed by that same lawyer in arguing for the other client,
there is a violation of the rule. Another test of inconsistency of
interests is whether the acceptance of a new relation would prevent
the full discharge of the lawyers duty of undivided fidelity and
loyalty to the client or invite suspicion of unfaithfulness or doubledealing in the performance of that duty. Still another test is whether
the lawyer would be called upon in the new relation to use against a
former client any confidential information acquired through their
connection or previous employment.
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Atty. Lacaya and Vicente Cadavedo entered into a contract with the
following stipulation: That due to the above circumstances, the
plaintiffs were forced to hire a lawyer on contingent basis and if
they become the prevailing parties in the case at bar, they will pay
the sum of P2,000.00 for attorneys fees. Is the stipulation in the
contract is valid?
A: This agreement is champertous and is contrary to public policy.
Champerty, along with maintenance (of which champerty is an
aggravated form), is a common law doctrine that traces its origin to
the medieval period. The doctrine of maintenance was directed
"against wanton and in officious intermeddling in the disputes of
others in which the intermeddler has no interest whatever, and
where the assistance rendered is without justification or excuse.
"Champerty, on the other hand, is characterized by "the receipt of a
share of the proceeds of the litigation by the intermeddler. "Some
common law court decisions, however, add a second factor in
determining champertous contracts, namely, that the lawyer must
also, "at his own expense maintain, and take all the risks of, the
litigation."
As matters currently stand, any agreement by a lawyer to "conduct
the litigation in his own account, to pay the expenses thereof or to
save his client therefrom and to receive as his fee a portion of the
proceeds of the judgment is obnoxious to the law." The rule of the
profession that forbids a lawyer from contracting with his client for
part of the thing in litigation in exchange for conducting the case at
the lawyers expense is designed to prevent the lawyer from
acquiring an interest between him and his client. To permit these
arrangements is to enable the lawyer to "acquire additional stake in
the outcome of the action which might lead him to consider his own
recovery rather than that of his client or to accept a settlement
which might take care of his interest in the verdict to the sacrifice of
that of his client in violation of his duty of undivided fidelity to his
clients cause."
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Robert Seares, Jr. filed a complaint against Atty. Alzate charging her
with incompetence, professional negligence and violation of the
prohibition against conflicting interests. Seares alleged that Atty.
Alzate was his legal counsel when he ran for the position of
Municipal Mayor of Dolores, Abra. When he lost, Atty. Alzate filed in
his behalf a Petition of Protest Ad Cautelam, however, the same was
dismissed for being fatally defective. Several months later, Atty.
Alzate insisted on filing a Petition of Protest, but the petition was
also dismissed on the ground that it was already time barred. After
sometime, Seares again ran for Municipal Mayor and won. He
subsequently learned that his political opponents retained Atty.
Alzate as their counsel. Barely two months in office, Seares was
charged by one Carlito Turqueza with abuse of authority, oppression
and grave misconduct and Atty. Alzate was the one who represented
the latter as counsel. Seares stated that Atty. Alzate made false and
hurtful statements in the memorandum that she prepared in that
administrative case in order to attack him. He asserts that Atty.
Alzate violated Canon 15, Canon 17 and Canon 18 of the Code of
Professional Responsibility for negligently handling his election
protest, for prosecuting him, and for uttering false and hurtful
allegations against him. Hence, he prays that she should be
disbarred. Did Atty. Alzate violated the Code of Professional
Responsibility?
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Atty. Toquerro was admitted as a member of the New York Bar. While
in Manhattan, he was convicted of estafa and was disbarred. Does
his disbarment in New York a ground for his automatic disbarment in
the Philippines?
A: No. Disbarment in the NY bar is not a ground for disbarment in
the Philippines. At most, it can serve as prima facie evidence for the
disbarment case in the Philippines.