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Yu Vs Tajanlangit Canon 16.01
Yu Vs Tajanlangit Canon 16.01
Applying all these rules to the case at bar, the SC held that the
evidence on record fails to substantiate complainant’s allegations. The SC
noted that complainant did not even specify the alleged communication in
confidence disclosed by respondent. All her claims were couched in
general terms and lacked specificity. She contends that respondent
violated the rule on privileged communication when he instituted a criminal
action against her for falsification of public documents because the criminal
complaint disclosed facts relating to the civil case for annulment then
handled by respondent. She did not, however, spell out these facts which
will determine the merit of her complaint.
Case 4: Alcala vs. De Vera
Facts:
Jose Alcala and his wife filed a petition for disbarment against
respondent Atty. Honesto De Vera. The latter was retained by the
complainants as their counsel in an action for annulment of a sale filed
against them. The trial court rendered judgment rescinding the said
contract. Respondent received a copy of the decision but he failed to inform
his clients of the judgment against them. To their surprise, a sheriff came to
their house to serve a writ of execution.
Issue:
Ruling:
The SC ruled in affirmative. In failing to inform his clients of the
decision in said civil case, respondent failed to exercise such skill, care,
and diligence as men of the legal profession commonly possess and
exercise in such matters of professional employment. The relationship of
lawyer-client being one of confidence, there is ever present the need for the
client's being adequately and fully informed and should not be left in the
dark as to the mode and manner in which his interests are being defended.
Facts:
Elesio C. Pormento, Sr. charged Atty. Elias A. Pontevedra with
malpractice. Complainant claims that respondent, who was his lawyer in
Civil Case No 1648, deliberately failed to inform him of the dismissal of his
counterclaim. Complainant asserts that he only came to know of the
existence of the order when the adverse party foreclosed the mortgage
executed over the land which is the subject matter of the suit. Complainant
also posited that in order to protect his rights, he was forced to file a case
for qualified theft against the relatives of the alleged new owner of the said
land. Respondent is the counsel of the accused in said case. Lastly,
complainant maintained that respondent is guilty of representing conflicting
interests when he acted as the counsel of complainant’s nephew in an
ejectment case filed by him while notarizing at the same time the Deed of
Sale of the land which is the subject matter of the case.
On his reply, respondent claimed that within two days upon his
receipt of the order, he delivered the same to the complainant. As to his
representation of the persons against whom complainant filed criminal
cases for theft, respondent argues that he honestly believes that there
exists no conflict between his present and former clients’ interests. With
respect to the ejectment case, respondent admits that it was he who
notarized the deed of sale of the land. However, he contends that what is
being contested in the said case is not the ownership of the land but the
ownership of the house built on the said land.
Issues:
(1) Whether or not respondent failed to inform complainant regarding the
dismissal of the latter’s counterclaim.
(2) Whether or not respondent represented conflicting interests when he
represented the complainant’s nephew in an ejectment case while
notarizing at the same time the Deed of Sale of the land involved in
the case.
(3) Whether or not respondent represented conflicting interests when he
represented the accused in the case for qualified theft filed by the
complainant.
Ruling:
The SC ruled in negative for the first two issues. Complainant failed
to present evidence to prove that respondent did not inform him of the
dismissal of his counterclaim. On the contrary, respondent presented a
certification where complainant’s daughter acknowledged receipt of the
entire records of the civil case.
With respect to the second ground, the SC noted that the only
established participation respondent had with respect to the parcel of land
purchased by complainant, is that he was the one who notarized the deed
of sale. On that basis alone, it does not necessarily follow that respondent
obtained any information from complainant that can be used to the
detriment of the latter in the ejectment case he filed.
However, the SC ruled in affirmative for the last issue. When
respondent was the counsel of complainant in Civil Case No. 1648, he
became privy to the documents and information that complainant
possessed with respect to the said parcel of land. Hence, whatever may
be said as to whether or not respondent utilized against complainant any
information given to him in a professional capacity, the mere fact of their
previous relationship should have precluded him from appearing as
counsel for the opposing side. A lawyer is forbidden from representing a
subsequent client against a former client when the subject matter of the
present controversy is related, directly or indirectly, to the subject matter of
Rule 16.01 - A lawyer shall account for all money or property collected or
received for or from the client.
Rule 16.02 - A lawyer shall keep the funds of each client separate
and apart from his own and those of others kept by him.
the previous litigation in which he appeared for the former client. The
reason for this is found in the relation of attorney and client, which is one of
trust and confidence of the highest degree.
Case 7: Garcia vs. Manuel
Case 8: Yu vs. Tajanlangit CANON 16.01