Escolar Documentos
Profissional Documentos
Cultura Documentos
September 8, 2014
The SC said Time and again, we have held that clerks of
court are not authorized to demand and/or receive
commissioners fees for reception of evidence ex parte.
To be entitled to reasonable compensation, a
commissioner must not be an employee of the court.
Gaddi vs. Atty. Velasco, September 13, 2014
Dizon vs. Atty. Cabucana, March 12, 2014
The 2004 Rules on Notarial Practice provides that a
notary public should not notarize a document unless the
signatory to the document is in the notarys presence
personally at the time of the notarization, and personally
known to the notary public or otherwise identified
through competent evidence of identity.
Penalty : Suspension for one year in the practice of law
revocation of commission and prohibition from being
commission for two years with warning.
Cristobal vs. Atty. Renta
September 17, 2014
Respondent received the full packaged price of
P160,000.00 but failed to file petition for recognition.
Although respondent refunded the money and the
complainant executed an Affidavit of Desistance and said
that respondent cried for forgiveness, respondent was
reprimanded with warning.
Almazan vs. Atty. Suerte Felipe
September 17, 2014
A notary public can only notarize a document within the
jurisdiction of his commission. Respondent was
suspended from practice of law for six months and is
disqualified from being commissioned for one year and
his existing commission is revoked plus warning.
EN BANC
RE: ALLEGATIONS MADE UNDER OATH AT
THE SENATE BLUE RIBBON COMMITTEE
HEARING HELD ON SEPTEMBER 26, 2013
AGAINST ASSOCIATE JUSTICE GREGORY
S. ONG. SEPTEMBER 23, 2014
This administrative complaint was filed by the Court En
Banc
after investigation into certain allegations that surfaced
during the Senate Blue Ribbon Committee Hearing. The
SC established
prima facie violations of the Code of
Judicial Conduct by
Associate Justice of the
Sandiganbayan Ong. The investigation was conducted
motu proprio pursuant to the power of the SC of
Respondents
engagement in the scuffle inside the
chamber of Judge Casals on September 14, 2009 is not
befitting a member of the bar.
Previously, the SC imposed upon respondent (a former
judge) a fine of Php20,000.00 for simple misconduct in
A.M. MTCJ-10-1761.
In Samson v. Caballero, the Court emphasized what
"automatic conversion of administrative cases against
justices and judges to disciplinary proceedings against
them as lawyers" means, that they must be based on
grounds which are likewise grounds for the disciplinary
action of members of the Bar for violation of the Lawyers
Oath, the Code of Professional Responsibility, and the
Canons of Professional Ethics, or for such other forms of
breaches of conduct that have been traditionally
recognized as grounds for the discipline of lawyers.
Judgment in both respects may be incorporated in one
decision or resolution.
xxxx
Under the same rule, a respondent "may forthwith be
required to comment on the complaint and show cause
why he should not also be suspended, disbarred or
otherwise disciplinary sanctioned as member of the Bar."
xxx In other words, an order to comment on the
complaint is an order to give an explanation on why he
should not be held administratively liable not only as a
member of the bench but also as a member of the bar.
This is the fair and reasonable meaning of "automatic
conversion" of administrative cases against justices and
judges to disciplinary proceedings against them as
lawyers. This will also serve the purpose of A.M. No. 02-9-
With the small respect that still remains, I have asked the
defendant to look for another lawyer to represent him for
I am no longer interested in this case because I feel I
cannot do anything right in your sala.
ATTY.
EMBIDO,
REGIONAL
DIRECTOR,
NBI,
vs. ATTY. PE, JR., ASSISTANT PROVINCIAL PROSECUTOR,
SAN JOSE, ANTIQUE, October 22, 2013
A lawyer who forges a court decision and represents it as
that of a court of law is guilty of the gravest misconduct
and deserves the supreme penalty of disbarment.
The respondents insisted that the falsification had been
the handiwork of Dy Quioyo.
Dy Quioyos categorical declaration on the respondents
personal responsibility for the falsified decision, which by
nature was positive evidence, was not overcome by the
respondents blanket denial, which by nature was
negative evidence
The Complaint
for disbarment filed by Atty. Nuique
(complainant) against Atty. Eduardo Sedillo (respondent)
who is charged with: ( 1) violating the prohibition on
representing conflicting interests; (2) using abusive
language against and disrespecting the court; and (3)
spreading rumors against a colleague in the legal
profession is meritorious.
In Quiambao v. Atty. Bamba, the Court explained the
concept of conflict of interest. Thus:
Respondent
Atty.
Quirino
P.
Revilla,
Jr.,
was
REPRIMANDED
and
DISQUALIFIED
from
being
commissioned as a notary public, or from performing any
notarial act if he is presently commissioned as a notary
public, for a period of three (3) months. Atty. Revilla, Jr. is
further DIRECTED to INFORM the Court, through an
affidavit, once the period of his disqualification has
lapsed.
The SC
stressed that disciplinary proceedings and
criminal actions brought against any judge in relation to
the performance of his official functions are neither
complementary to nor suppletory of appropriate judicial
remedies, nor a substitute for such remedies. Any party
who may feel aggrieved should resort to these remedies,
and exhaust them, instead of resorting to disciplinary
proceedings and criminal actions.
It appears that AMALI is prone to bringing charges against
judicial officers who rule against it in its cases. That
impression is not at all devoid of basis. The complaint
herein is actually the second one that AMALI has brought
against respondent Justices in relation to the performance
of their judicial duty in the same case.
The SC ORDERED the Senior Assistant Vice President
Usita of AMA Land, Inc., and all the members of the Board
MERCY)
OF
respondent
VOLUNTAD-RAMIREZ vs.
2012
ATTY. BAUTISTA,
complaint
October 10,