U.P.

LAW BOC lustre5159 ETHICS

ETHICS
RECENT JURISPRUDENCE
2019
CASE FACTS HELD DOCTRINE

Angeles v. Lina- Angeles engaged Atty. Lina- Atty. Wilfredo B. Lina-ac Upon pursuing a client's
ac ac's services to secure a is suspended from the cause, a lawyer
declaration nullifying her practice of law for two becomes duty bound to
A.C. No. 12063 | marriage with her husband. (2) years and ir ordered protect the client's
Feb 15, 2019 | However, despite Angeles' to return the amount interests. The degree of
Leonen, J. efforts at coming up with Angeles paid him with service expected of him
money for Lina-ac's 6% interest per annum. as an advocate was his
professional fees, Lina-ac entire devotion to the
did not diligently pursue the interest of the client,
case nor rectify the error warm zeal in the
Angeles pointed out in the maintenance and
copy of the alleged defense of his rights
complaint. Angeles went to and the exertion of his
the RTC to inquire about her utmost learning and
case status but discovered ability. The Court cites
there was no pending Canons 17 and 18, and
petition and that the stamp in Rules 18.03 and 18.04.
the copy Lina-ac gave was Lina-ac's deceitful
not official. Angeles conduct also violates
demanded her money back; Rule 1.01, which
Lina-ac did not respond and provides, "A lawyer
instead filed a second shall not engage in
Complaint in an attempt to unlawful, dishonest,
cover up his earlier immoral[,] or deceitful
negligence and thwart conduct."
Angeles' efforts to recover
her money. This Court expects an
officer of the court to
strictly adhere to the
"rigid standards of
mental fitness,
maintenance of the
highest degree of
morality, and faithful
compliance with the
rules of the legal
profession.

Nonetheless, in light of
Lina-ac's advanced age
(78), this Court deems it
proper to temper justice

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U.P. LAW BOC lustre5159 ETHICS

with mercy and mete

Buntag v. Toledo Petitioners filed
Disbarment Complaint
A.C. No. 12125 | against Atty. Toledo, their
Feb 11, 2019 | former counsel in several
Leonen, J. criminal and civil cases.
They claimed that he kept
demanding money despite
knowing that they were
indigents. This supposedly
forced them into
indebtedness after
loans from neighbors and
high-interest-charging
institutions. Respondent
denied their accusations,
and asked for proof of the
alleged acts. However,
complainants failed
present any evidence to
adequately support their
allegations.
Re: Elvira N. An administrative com-plaint
Enalbes was filed by complainants
Elvira Enalbes, Rebecca
A.M. No. 18-11-09 Ange-les, and Estelita
S.C. | Mar 11, Ocampo against former CJ
2019 | Leonen, J. Teresita Leonardo-De
Castro.
Complainants allege that CJ
De Castro failed to decide
on a petition for mandamus
and prohibition filed against
the PNB despite the lapse of
over five (5) years.
Complainants argue that this
resulted in a violation of their
right to a speedy disposition
of cases and that CJ De
Castro had given un-
warranted benefits to PNB.
The sole issue before the
court is whether or not
out a penalty of 2 years
of suspension instead of
disbarment. Ours is a
court of law, but it is our
humane compassion
that strengthens us as
an institution and cloaks
us with a mantle of
respect and legitimacy.
a The administrative The burden of proof lies
complaint is dismissed on the party making the
for lack of merit. He is allegation. In a
directed to reduce into disbarment complaint,
writing all of his the allegations of the
agreements for legal complainant must be
services with his clients, proven with substantial
and is given a stern evidence.
warning against similar
infractions in the future.
to
No, former CJ De The 24-month period
Castro cannot be held prescribed by the
administratively liable Constitution and the
for not decid-ing on internal rules of the
complainant’s petition Supreme Court, while
despite the lapse of five persuasive, does
(5) years. summarily bind the
Supreme Court. As the
The Constitution and court of last instance, it
the internal rules of the must be given sufficient
Supreme Court state time to deliberate the
that the 24-month cases before it.
period for deciding or
resolving a case is
reckoned from the date
of its submission for
resolution. The period
does not begin upon the
filing of the petition
before the court. It runs
only when the last
pleading or
memorandum had been

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U.P. LAW BOC lustre5159
former CJ De Castro should
be held administratively
liable for gross ignorance of
the law, gross inefficiency,
gross misconduct, gross dis-
honesty, and conduct
prejudicial to the best
interest of the service.
Page 3 of 32
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ETHICS
sub-mitted.
In Marcelino v. Hon.
Cruz, the Court even
noted that the 24-month
period is merely
directory upon the court.
This finding was
repeated in De Roma v.
CA where the court said
that the period to decide
a case is merely
directory and the failure
to decide does not
render the decisions
invalid or deprive the
courts of jurisdiction.
As the court of last in-
stance, the SC should
be given ample time to
de-liberate cases
pending before it. It
would be the height of
injustice if cases were
decided hastily but
erroneously. While the
24-month is persuasive
upon the court, it does
not bind it and the rule
should not be
interpreted as inflexible.
Thus, respondent’s
failure to decide the
case of the
complainants promptly
does not constitute
gross ignorance of the
law. Be-sides, CJ De
Castro had already
retired from the court
rendering the com-
plaint moot.
U.P. LAW BOC lustre5159
2018
CASE FACTS
Lehnert v. Diño An Information against Atty.
Diño was filed with MTC of
A.C. No. 12174 | QC, charging him with 2
Oct 11, 2018 | counts of violating BP 22. A
Leonen, J. Warrant of Arrest was then
issued. Members of the PNP
and NBI attempted to serve
the warrant on Atty. Diño but
were unable to locate him at
his residential addresses or
even at his office address.
Thus, considering that Atty.
Diño was hiding to evade
arrest, Lehnert prayed for
his immediate disbarment.
Chavez v. Marcos This case involves 33
consolidated criminal cases
G.R. No. 185484 | filed against Imelda Marcos,
Jun 27, 2018 | among others, for violations
Leonen, J. of the Central Bank Act.
Chavez, as the second
witness for the prosecution,
claims that the proceeding in
the RTC was biased in favor
of the Marcoses. His claims
were based largely on his
perception of how RTC
Presiding Judge Pampilo
scheduled his testimony,
combined with what
transpired when he failed to
testify. Thus, the
prosecution files a Motion to
Inhibit for the inhibition of
Judge Pampilo.
Re: Teresita J. Justice Leonardo-De Castro
Leonardo-de issued a memorandum
Castro questioning the appointment
of Atty. Mendoza who was
A.M. Nos. 17-07- appointed by CJ Sereno as
05 & 18-02-13 | Jul Chief of Office of the PHILJA
3, 2018 | Leonen, Mediation Center. Justice
J. De Castro argues that the
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HELD
Atty. Dennis L. Diño is
suspended from the
practice of law for 2
years, with warning that
a repetition of similar
acts shall be dealt with
more severely.
No concrete proof of
Judge Pampilo's
personal interest in the
case was presented.
There was no showing
that his bias stems from
an extrajudicial source.
The Motion to Inhibit is
denied.
It is clear under RA
8557 which created the
PHILJA that the power
to appoint officials of the
PHILJA are granted to
the Court En Banc. The
administrative matter
mentioned by CJ
ETHICS
DOCTRINE
This Court continues to
state that the issuance
of worthless checks
constitutes gross
misconduct and violates
Canon 1 of the Code of
Professional
Responsibility, which
mandates all members
of the bar "to obey the
laws of the land and
promote respect for
law." Issuance of
worthless checks also
violates Rule 1.01 of the
Code, which mandates
that "[a] lawyer shall not
engage in unlawful,
dishonest, immoral or
deceitful conduct."
This Court will not
require a judge to inhibit
himself in the absence
of clear and convincing
evidence to overcome
the presumption that he
will dispense justice in
accordance with law
and evidence.
A judge cannot be
disqualified by a litigant
or his lawyer for
grounds other than
those specified in the
first paragraph of
Section 1, Rule 137.
All positions with a
Salary Grade of 29 or
higher and bearing a
judicial rank shall
require an appointment
by the Court En Banc
subject to exceptions
hereafter made by the
U.P. LAW BOC lustre5159
appointment of the Chief of
Office should have been
done by the Court en band
pursuant to a officials to the CJ and
recommendation made by
the PHILJA Board. She
notes that the appointment
of Atty. Mendoza did not go
through such a process as
Atty. Mendoza was
appointed through a appoint such officials
memorandum issued by CJ
Sereno and concurred by
the Chairmen of the SC
Divisions.
For Justice De Castro, the
power to appoint third level
officials below the Associate
Justices who handle
technical and policy issues
should be appointed by the
Court En Banc.
In her reply, CJ Sereno
notes that an administrative
matter (A.M. 99-12-08-SC)
delegated to the Chief
Justice and the Chairmen of
the divisions the
appointment of personnel in
order to give more time to
the court En Banc to conduct
deliberations on cases.
Further, CJ Sereno notes
that the position of Atty.
Mendoza is not a third level
position involving technical
or policy issues considering
the fact that her office is but
one of the many offices
under the PHILJA.
In her rebuttal, Justice De
Castro notes that the A.M.
referred to by CJ Sereno
was superseded by a later
A.M. which notes that
appointments to the PHILJA
must be made by the Court
En Banc. She further notes
that the position of Atty.
Mendoza is a third level
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ETHICS
Sereno does not Court.
equivocally delegate the
power to appoint these An administrative
matter delegating the
the Chairmen of the power of appointment
divisions of the SC. If over third level officials
there is any ambiguity to the Chief Justice and
then the court should the Chairmen of the SC
resolve it in favor of Divisions cannot validly
non-delegation. delegate the power to
Thus, to clarify, all unless it clearly and
positions of Salary unequivocally says so.
Grade 29 and those
with judicial rank shall
be filled only by the
Court En Banc subject
to any exceptions
hereafter made by the
Court En Banc.
Thus, considering that
the position of Chief of
Office of the PHILJA
Mediation Center is of
salary grade 30 and
bears a judicial rank, the
position should be
included in the offices
requiring appointment
by the Court En Banc.
As to the appointment of
Atty. Mendoza,
considering she had
resigned a day before
the court deliberated on
the matter, then the
issue is moot. However,
it would be necessary to
note that the past
practices of the PHILJA
involved the PHILJA
Board sending its
recommended
candidates for vacant
positions to the Court
En Banc. Why this was
not done in Atty.
Mendoza’s case raises
concern.
U.P. LAW BOC lustre5159 ETHICS

position considering that her

salary grade under the office
is already similar to that of
an Associate Justice of the
Court of Appeals. Finally,
she notes the previous
instances where
appointments made to the
PHILJA were made by the
Court En Banc and not the
CJ and the division
chairmen.

The issues to be resolved

are: 1) which among the
third level positions require
an appointment by the Court
En Banc, and 2) whether or
not Atty. Mendoza was
validly appointed as the
Chief of Office of the PHILJA
Philippine Mediation Center

Page 6 of 32
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U.P. LAW BOC lustre5159
2017
CASE FACTS
Mendoza v. Judge Diasen called and
Diasen asked Mendoza, a PUV
driver, to help Flores, one of
A.M. No. MTJ-17- Mendoza's regulars, look
1900 | Aug 9, for a rice retailer for 50
2017 | Leonen, J. sacks of rice. Mendoza
introduced Flores to the
owner of Carolina
Marketing. Mendoza
guaranteed the transaction
so that Carolina Marketing
would accept a post-dated
check. Judge Diasen gave
a P112,000 check and
increased his order to 70
sacks. When the check was
presented to Carolina
Marketing, it was
dishonored due to
insufficiency of funds.
Carolina Marketing then
sought payment from
Mendoza. Mendoza tried to
inform Flores and Diasen,
but neither were ever
available, so Mendoza filed
this complaint.
Diasen had admitted that he
would have profited from
the sales of rice had it been
delivered. Diasen also
admitted that he "took an
active role in the
prospective sale by
notifying Makati City Hall
employees, and he even
had 'to advise would-be
buyers to come back the
following day' when Flores
failed to arrive with the rice
on the agreed date."
Page 7 of 32
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ETHICS
HELD DOCTRINE
Diasen, Jr., former Judges must at all
Acting Presiding Judge, times conduct
MTC Makati is found themselves in a
GUILTY of conduct manner beyond
unbecoming a judge reproach to ensure the
and is fined P5,000.00. public's continued
confidence in the
judiciary. The restriction
under Rules 5.02 and
5.03 of the Code of
Judicial Ethics on
judges with regard to
their own business
interests is based on
the possible
interference which may
be created by these
business involvements
in the exercise of their
judicial duties which
may tend to corrode the
respect and dignity of
the courts as the
bastion of justice.
Judges must not allow
themselves to be
distracted from the
performance of their
judicial tasks by other
lawful enterprises. It
has been a time-
honored rule that
judges and all court
employees should
endeavor to maintain at
all times the confidence
and high respect
accorded to those who
wield the gavel of
justice."
Judge Diasen's act of
attempting to sell rice to
his employees and to
employees of other
branches was highly
improper. As a judge,
he exercised moral
ascendancy and
supervision over these
U.P. LAW BOC lustre5159
Tejano v. Judge A civil case, pending before
Marigomen the RTC of Bogo City, was
assigned to Judge
A.M. No. RTJ-17- Himalaloan. Judge
2492 | Sep 26, Marigomen took over the
2017 | Leonen, J. case after granting the
plaintiff's motion for the said
judge to try the case
instead. Thereafter, Judge
Trinidad is assigned as the
new Assisting Judge, and
he is to take over Judge
Himalaloan's cases, as well
as some of Judge
Marigomen's, including the
pending civil case.
During the pendency of the
civil case, the defendant
was charged with violation
of the VAWC law in the
RTC of Cebu City, but he
applied for bail in the RTC
of Bogo City. As of the date
of his application for bail,
there was no warrant of
arrest issued against the
accused. The RTC judge of
Bogo City granted the bail
application.
Cortal v. Petitioners assail the
Larrazabal decision and resolution of
Enterprises the Court of Appeals (CA)
dismissing their Rule 43
G.R. No. 199107 | petition on mere
Aug 30, 2017 | technicalities. The CA noted
Leonen, J. that the verification of the
petition filed before the CA
did not show any competent
evidence of identity for the
petitioners. Further, the CA
noted that the counsel of
the petitioners failed to
indicate the place of issue
of his IBP number.
Sole issue before the SC
was whether the errors
Page 8 of 32
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ETHICS
employees. If the sale
had pushed through, he
would have profited
from his position.
Presiding Judge Failure to transfer
Antonio D. Marigomen cases to the judge duly
is guilty of the less assigned is tantamount
serious charge of to a violation Supreme
violating Supreme Court rules, directives,
Court rules, directives, and circulars.
and circulars, and of
the serious charge of Without a standing
gross ignorance of the warrant of arrest, a
law. He is meted the judge not assigned to
penalty of FINE on both the province, city, or
charges in the total municipality where the
amount of case is pending has no
P120,000.00. authority to grant bail.
To do so would be
gross ignorance of the
law.
The CA was incorrect Under the 2004 Rules
in outright dismissing on Notarial Practice,
the petition on mere competent evidence of
technicalities. Courts identity enables the
are reminded that every notary to verify the
party litigant must be genuineness of the
afforded the fullest signature of the
opportunity to ventilate acknowledging party
and argue his case, and to ascertain that
“free from restraints the document is the
and technicalities”. party’s free act and
deed. However, this is
The supposed failure of not an absolute
the petitioner’s requirement and
certification of non- becomes imperative
forum shopping to only when the notary
show competent does not personally
evidence of identities is know the signatories.
U.P. LAW BOC lustre5159
pointed out by the CA
justified an outright
dismissal of the petition.
Rapsing v. In a Complaint, Rapsing
Walse-Lutero accused Judge Walse-
Lutero of MTC QC of undue
A.M. No. MTJ-17- delay in resolving 2 motions
Page 9 of 32
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ETHICS
not fatal. Under the
2004 Rules on Notarial Bar Matter No. 287
Practice, Competent does not require that
evidence of identity counsel for a party
enables the notary to indicate in the pleading
"verify the genuineness the place of issue of his
of the signature of the IBP number.
acknowledging party
and to ascertain that
the document is the
party's free act and
deed." However, the
rules also note that this
is not an absolute
requirement. It is
imperative only when
the signatory is not
personally known to the
notary. The CA failed to
consider this possibility
especially considering
that the petitioners
would have already
notarized several
pleadings probably
before the same notary.
As to the failure of
petitioner’s lawyer to
indicate the place of
issue of his IBP
number, Bar Matter No.
287 does not even
require the place of
issuance. While it
would have been ideal
for counsel to disclose
such information, its
non-inclusion is
certainly not fatal.
Rather than dwelling on
procedural minutiae,
the CA should have
been impelled by the
greater interest of
justice and should have
given due course to the
petition.
Walse-Lutero is It is the presiding
admonished for her judge's responsibility to
undue delay in know which cases or
resolving the motions. motions were submitted
U.P. LAW BOC lustre5159
1894 (Resolution) filed by his counsel in a
| Apr 4, 2017 | case for ejectment. Judge
Leonen, J. Walse-Lutero denied this,
exlpaining the Branch Clerk
of Court Rota failed to
return the case records for
resolution.
Rota admitted that the
volume of civil cases
pending decision caused
her failure to refer the case
to Walse-Lutero. The
records were also badly
damaged by rain water from
Typhoon Ondoy leaking
through the court's ceiling,
but they were reconstituted
and promptly resolved the
incidents and rendered her
decision in the subject case
for ejectment.
Walse-Lutero revealed that
having inherited 3,800
cases with the 80 to 130
cases raffled to her every
month, it was impossible for
her to monitor each and
every case. Thus, she had
to rely on Rota to inform her
of urgent cases.
Unfortunately, Rota had
been greatly remiss in her
duties. The Judge raised
this issue of incompetence
with the OCA. Walse-Lutero
directed Rota to explain
why she should not be
dropped from the service, to
which Rota replied: "ibalato
mo na sa akin itong rating
judge."
Walse-Lutero explained that
she also had to attend to
her cancer-stricken
husband and son for years,
and made every effort
despite these concerns to
bring down the caseload
she inherited to 1900-2100
cases.
Page 10 of 32
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ETHICS
for decision or
Branch Clerk of Court resolution. Judges are
Rota is found guilty of expected to closely
gross neglect of duty follow the development
and is hereby of cases and in this
dismissed from service. respect, "to keep [their]
All her benefits, except own record of cases so
accrued leave credits, if that [they] may act on
any, are declared them promptly."
forfeited, with prejudice
to re-employment in Judges and branch
any branch or clerks of court should
instrumentality of the conduct personally a
government, including physical inventory of
government-owned and the pending cases in
controlled corporations their courts and
and financial examine personally the
institutions. records of each case
not only at the time of
their assumption to
office, but every
semester thereafter on
30 June and 31
December. The regular
and continuing physical
inventory of cases
enables the judge to
keep abreast of the
status of the pending
cases and to be
informed that
everything in the court
is in proper order.
Responsibility rests
primarily on the judge
and he or she cannot
take refuge behind the
inefficiency or
mismanagement of his
personnel.
While respondent's
domestic concerns
deserve some
consideration from this
Court, such
circumstances could
only mitigate her
liability. Judges have
the duty to administer
justice without delay.
Those charged with the
task of dispensing
U.P. LAW BOC lustre5159
Re: Maria Justice Cornejo had been in
Cristina J. government service for
Cornejo more than 39 years, the last
30 years of which she had
A.M. No. 16-10- continuously rendered in
05-SB the judiciary. She has been
(Resolution) | Mar on sick leave since June
14, 2017 | 2016 and on November
Leonen, J. 2016, the court found out
that Justice Cornejo is
physically and medically
incapacitated to perform her
duties and responsibilities
as Sandiganbayan Justice.
On January 2017, Justice
Cornejo wrote a letter to
Chief Justice Maria Lourdes
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ETHICS
justice carry a heavy
burden of responsibility.
It is the administrative
assistant Rota's duty to
diligently supervise and
manage court dockets
and records, and to
ensure that the records
were complete and
intact. Clerks of Court
are at the forefront of
judicial administration
because of their
indispensable role in
case adjudication and
court management.
They are the models for
the court employees to
act speedily and with
dispatch on their
assigned tasks to avoid
the clogging of cases in
court and thereby
assist in the
administration of justice
without undue delay.
Moreover, as public
officers, they should
discharge their tasks
with utmost
responsibility, integrity,
loyalty, and efficiency
guided by the principle
that "public office is a
public trust."
Assoc. Justice Cornejo Justice Cornejo's
is declared to have service warrants no
suffered permanent less than all the
total disability, and the benefits that the law
Court grants her the allows for her condition.
lump sum permanent Disability retirement is
disability benefits conditioned on the
provided for in Section incapacity of the
3 of Republic Act No. employee to continue
910, as amended. his or her employment
for involuntary causes
such as illness or
accident. The social
justice principle behind
retirement benefits also
applies to those who
are forced to cease
U.P. LAW BOC lustre5159
P. A. Sereno to request the
approval of her optional
retirement and later the
court treated her request as
one for the retirement due
to disability.
Biado v. Complainants filed an
Brawner-Cualing administrative case against
respondent judge for gross
A.M. No. MTJ-17- ignorance of the law and
1891 (Resolution) manifest partiality.
| Feb 15, 2017 | Complainants claim that the
Leonen, J. respondent judge took
cognizance of the case
despite knowing that there
existed a boundary dispute
thereby placing the property
under litigation under a
different province.
Complainants allege that
the respondent judge
should have first
ascertained whether or not
the property was situated in
Benguet and not
Pangasinan before taking
cognizance of the case.
Respondent judge counters
that the administrative
complaint was merely a
ploy by the petitioners who
failed to appeal her
decision. She notes that the
decision being assailed by
the complainants had long
been final and that the
complainants are merely
trying to stay the execution
of the decision.
Murray v. Murray filed a Complaint
Cervantes charging Atty. Cervantes of
violating Canon 18, CPR,
A.C. No. 5408 | alleging that sometime in
Feb 7, 2017 | June 2000, she sought the
Leonen, J. services of a lawyer to
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ETHICS
from service for
disabilities beyond their
control.
The acts of a judge in An administrative
his judicial capacity are complaint is not the
not subject to proper remedy for
disciplinary action. He every act of a judge
cannot be made civilly, deemed aberrant or
criminally, or irregular where a
administratively liable judicial remedy exists
for official acts provided and is available.
he acts with good faith.
Here, what
complainants should
have done was not to
file an administrative
complaint but to appeal
the decision of the
respondent judge.
Disciplinary
proceedings and
criminal actions do not
complement, substitute,
or supplement judicial
remedies.
Complainant’s
allegations of gross
ignorance and manifest
partiality are not
substantiated. The
question on jurisdiction
was specifically
mentioned in the
assailed order of the
respondent judge and
the complainants
proffer no proof other
than bare assertions on
the judge’s gross
ignorance and manifest
partiality.
Cervantes is By the failure to timely
suspended for 1 year and diligently deliver on
and 6 months. He is his professional
ordered to return the undertaking (despite
P80,000, and for every having received fees),
month (or fraction) he as well as by his failure
U.P. LAW BOC lustre5159
assist in the naturalization
of her son Peter, a British
national. Cervantes was
later introduced to her. On
June 14, 2000, she and
Cervantes agreed on the
latter's services, with
complainant handing
Cervantes P80,000 as
acceptance fee. About 3
months passed without
Cervantes doing "anything
substantial." Murray wrote
Cervantes to inform him she
was terminating his services
and expected that
Cervantes return the fees.
As Cervantes failed to
return the acceptance fee,
Murray instituted this
Complaint and criminal
proceedings against
Cervantes for violation of
Article 315(1)(b), RPC.
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ETHICS
fails to do so, he suffers to keep complainant
additional 1-month abreast of relevant
suspension. developments in the
purposes for which his
services were engaged,
Cervantes falls short of
Canon 18, CPR.
Cervantes
acknowledged his duty
to compensate Murray
for the amount of
P80,000 and made his
own commitment to
make this
compensation. He may
not have been bound
by a juridical
instruction, but he was
certainly bound by his
own honor. That he has
failed to adhere to his
own freely executed
commitment after more
than a decade speaks
volumes of how he has
miserably failed to live
up to the "high standard
of ... morality, honesty,
integrity and fair
dealing" expected of
members of the legal
profession. For this
reason, the SC exacts
a penalty more severe
than that initially
contemplated by the
IBP.
U.P. LAW BOC lustre5159
2016
CASE FACTS
In re: CA-G.R. CV An administrative complaint
No. 94656 v. filed against Atty. Mortel
Mortel arose from proceedings
before the Court of Appeals.
A.C. No. 10117 | The said court has directed
Jul 25, 2016 | Atty. Mortel to file his clients
Leonen, J. briefs on numerous
occasions. Because of this,
the Court of Appeals issued
a resolution which
suspended Atty. Mortel for 6
months. According to Atty.
Mortel, the Court of Appeals
Resolutions never reached
him. He interposes the
defense of "sheer lack of or
absence of knowledge,”
because the CA resolutions
went to the law firm next
door to his office, but the
same was not forwarded to
him.
Chang v. Hidalgo Complainant filed an
administrative case against
A.C. No. 6934 | respondent for not attending
Apr 6, 2016 | any of the hearings of the
Leonen, J. collection cases for which
he was hired. Complainant
alleges that she paid the
respondent a total of Php
61,500 for legal services.
Respondent claims that he
did attend the hearings but
Page 14 of 32
lustre5159
ETHICS
HELD DOCTRINE
Respondent Atty. Atty. Mortel cannot
Mortel is suspended excuse himself from
from the practice of law complying with the
for (1) year for violating Court of Appeals'
Canons 7, 10, 11, 12, Notice simply because
and 18, Rules 18.03 he "believed that [his
and 18.04 of CPR and client’s] case has long
issued a warning been closed and
against similar acts in terminated.”
the future. Respondent blindsided
his client on the real
status of her case. He
failed to diligently
attend to the legal
matter entrusted to him,
which is a violation of
Canon 18.
Gross misconduct is
defined as an
"inexcusable, shameful
or flagrant unlawful
conduct" in
administering justice,
which prejudices the
parties' rights or
forecloses a just
determination of the
case. As officers of the
court, lawyers should
be at the forefront in
obeying court orders
and processes.
Respondent failed in
this regard. His actions
resulted in his client's
petition being denied.
Court suspended the A lawyer cannot simply
respondent lawyer for withdraw from a case
one year and ordered without notice to the
the return of the legal client and complying
fees paid by the with the requirements
complainant. A lawyer in Rule 138, Section 26
cannot simply withdraw of the Rules of Court.
without notice to the Otherwise, the lawyer
client. will be held liable for
violating Canons 17
Here, respondent and 18 of the Code of
simply withdrew from
U.P. LAW BOC lustre5159
he presented no evidence
supporting this claim nor did
he attend any of the
disciplinary hearings. He
also claims that the
complainant was a difficult
client and he had filed a
notice of withdrawal as
counsel because she was
stubborn and
uncooperative.
Fajardo v. Fajardo, Municipal
Alvarez Treasurer of San Leonardo,
Nueva Ecija, hired Atty.
A.C. No. 9018 | Alvarez to defend her in
Apr 20, 2016 | criminal and adminsitrative
Leonen, J. cases before the
Ombudsman. Alvarez was
then working in the Legal
Section of the Nat'l Center
for Mental Health. He asked
for a P1.4M acceptance fee.
But Atty. Alvarez didn't
enter his appearance nor
sign any pleadings, while
assuring Fajardo that he
had friends connected with
the Office of the
Ombudsman who could
help dismiss her case for a
fee. Alvarez said he needed
to pay P500,000 to them.
Howeevr, 2 weeks after
they talked, the
Ombudsman, issued a
resolution and decision
recommending the filing of
a criminal complaint against
Fajardo and her dismissal
from service.
Page 15 of 32
lustre5159
ETHICS
the case and did not Professional
attend any of the Responsibility.
collection cases for
which he was hired. His
claim that he did attend
the hearings is not
supported by the
evidence.
His withdrawal, without
the conformity of the
client led to
complainant having to
abandon her collection
cases because she
could not immediately
engage the services of
new counsel. This is
therefore a violation of
Canons 17 and 18 of
the Code of
Professional
Responsibility.
Alvarez is suspended Alvarez violated
for 1 year with warning, Lawyer's Oath, Canon
and is ordered to return 1, Rules 1.01 & 1.02,
the P500,000 with legal Canon 7, and Canon
interest. 13.
Alvarez practiced law
even if he did not sign
any pleading. He was
given written
permission by the Head
of the Nat'l Center for
Mental Health.
However, by assisting
and representing
complainant in a suit
against the
Ombudsman, Alvarez
put himself in a
situation of conflict of
interest. Alvarez is a
government employee;
The Ombudsman is
part of government.
Further, in the context
of this case, his
surreptitious actuations
reveal illicit intent. Not
only did he do
U.P. LAW BOC lustre5159 ETHICS

Fajardo then demanded a unauthorized practice,

return of at least a portion of his acts also show
the amount she gave. badges of offering to
Alvarez promised to, but peddle influence in the
never did. Fajardo sent a Office of the
demand letter, but Alvarez Ombudsman.
failed to heed it.
Lawyers who offer no
skill other than their
acquaintances or
relationships with
regulators,
investigators, judges, or
Justices pervert the
system, weaken the
rule of law, and debase
themselves even as
they claim to be
members of a noble
profession. Practicing
law should not
degenerate to one's
ability to have illicit
access. Rather, it
should be about
making an honest
appraisal of the client's
situation as seen
through the evidence
fairly and fully
gathered. It should be
about making a
discerning and diligent
reading of the
applicable law. It is
foremost about
attaining justice in a fair
manner. Law exists to
temper, with its own
power, illicit power and
unfair advantage. It
should not be
conceded as a tool only
for those who cheat by
unduly influencing
people or public
officials.

It is time that we
unequivocally
underscore that to even
imply to a client that a
lawyer knows who will

Page 16 of 32
lustre5159
U.P. LAW BOC lustre5159
Francisco v. Atty. Francisco filed a
Flores Complaint for forcible entry
against the Finezas,
A.C. No. 10753 | represented by Atty. Flores.
Jan 26, 2016 | The court ruled in favor of
Leonen, J. Atty. Francisco. More than
60 days elapsed from the
time that Atty. Flores and
the Finezas had received
copies of the trial court's
Order, but Atty. Flores still
filed a Petition for Relief
from Judgment. Because
their appeal was late, the
Finezas were evicted. Their
personal properties were
levied upon, then sold on
execution to settle their
judgment debt.
The Supreme Court found
that Atty. Flores was
negligent when he failed to
inform his clients on the
status of the case and the
remedies available to them.
Being on a 3 month
vacation did not excuse
him. Because of this, his
clients were late in filing an
appeal of their case. Belied
by his conflicting
statements, the Court also
found that he was untruthful
about when he received
court orders and motions
regarding the case.
Canlapan v. Complainant alleges that
Balayo the respondent intimidated
him and was disrespectful
A.C. No. 10605 and arrogant during a
Page 17 of 32
lustre5159
ETHICS
make a decision is an
act worthy of the
utmost condemnation.
If we are to preserve
the nobility of this
profession, its
members must live
within its ethical
parameters. There is
never an excuse for
influence peddling.
Respondent Atty. Failure of counsel to
Flores is found guilty of act upon a client's case
violating Canon 10, resulting in the
Rules 10.01 and 10.03, prescription of available
and Canon 18, Rule remedies is negligence
18.03 of the Code of in violation of Canon 18
Professional of the Code of
Responsibility. Professional
Responsibility. The
He's meted 2 years general rule is that
suspension with a notice to counsel is
warning. notice to client. This
rule remains until
counsel notices the
court that he or she is
withdrawing his or her
appearance, or client
informs the court of
change of counsel.
Untruthful statements
made in pleadings filed
before courts, to make
it appear that the
pleadings are filed on
time, are contrary to a
lawyer's duty of
committing no
falsehood.
Court suspends the Ill feelings between
respondent for one litigants may exist, but
month. Whether the they should not be
statements made by allowed to influence
U.P. LAW BOC lustre5159
(Resolution) | Feb mandatory conference
17, 2016 | before the NLRC. He claims
Leonen, J. that such conduct was
unbecoming of a lawyer and
that he was particularly
offended considering that
he was already 70 years old
and that the respondent
was much younger than he
was. Further, complainant
claims that the respondent
violated Canon 12 by
influencing the
complainant’s employer to
renege on the compromise
agreement already agreed
to and presented before the
NLRC.
Respondent rejects the
allegations and claims that
it was the complainant who
was rude to him because he
had advised his client to
renege on the compromise
agreement because it was,
in his opinion, highly
irregular. Respondent
claims that it was the
complainant who was
disrespectful and he merely
answered back after the
persistent and disrespectful
remarks of the complainant.
Tuano v. People Tuano was convicted of
possession of illegal drugs.
G.R. No. 205871 The SC upheld the
(Resolution) | Sep conviction initially. On MR,
28, 2016 | the SC acquitted the
Leonen, J. accused for failure of the
prosecution to prove his
guilt beyond reasonable
doubt. An order of release
was sent to the Director of
Bureau of Corrections. The
Page 18 of 32
lustre5159
ETHICS
the respondent were counsels in their
due to an outburst conduct and demeanor
brought on by the towards each other or
disrespectful attitude of towards suitors in the
the complainant or was case. As officers of the
in fact meant to court and members of
intimidate him, the fact the bar, lawyers are
that the complainant expected to be always
was already 70 years above reproach. They
old meant that the cannot indulge in
respondent should offensive personalities.
have been more patient They should always be
in dealing with the temperate, patient, and
complainant. The courteous both in
statement was ill- speech and conduct,
mannered and not only towards the
unbecoming of a lawyer court but also towards
considering the did it to adverse parties and
an elderly and in front witnesses.
of co-litigants and
employees of the
NLRC. Respondent’s
improper attitude and
arrogance toward and
elderly constitutes
conduct unbecoming of
a member of the legal
profession.
As to the alleged
violation of Canon 12,
the court finds that the
respondent was merely
performing his duties to
his client when he
advised them of the
irregularities in the
compromise
agreement. It is the
right of every lawyer to
give proper advice to
those seeking relief.
Counsels for accused Rule 3.16, ROC,
are directed to show provides that “... it shall
cause why no be the duty of the
disciplinary action counsel to inform the
should be taken against court within 30 days
them for failing to after such death of the
inform SC of accused's fact and give the name
death and address of his legal
representative …” This
provision applies to
criminal actions.
U.P. LAW BOC lustre5159
director informed the Court
that the accused died prior
to the issuance of the
Court’s decision. The
Director attached the death
certificate. It turns out,
accused died March 1,
2015, but the counsels
continued to file pleadings
on his behalf.
In Re: Ferrer The Court of Appeals found
Atty. Ferrer guilty of forum
A.C. No. 8037 shopping for successively
(Resolution) | Feb filing two petitions for
17, 2016 | Certiorari concerning the
Leonen, J. same case. It held that the
withdrawal of the first
petition was "intended to
camouflage the glaring and
blatant irregularity
committed" by the
petitioners through their
counsel, Atty. Ferrer. He
alleges that the irregularity
committed was amended
when he withdrew the first
petition on the same day he
filed the second petition and
that he acted in the best
interest of his clients. Lastly,
he argues that there was no
violation of the rule against
forum shopping because
the first and second
petitions were not filed with
one tribunal - the CA,
although under different
divisions.
Page 19 of 32
lustre5159
ETHICS
Regardless of the
nature of the action,
courts cannot be
expected to assume
the death of the party
without the counsel's
proper manifestation.
Furthermore, the rules
presume that "the
attorney for the
deceased party is in a
better position than the
attorney for the adverse
party to know about the
death of his [or her]
client[.]” As officers of
the court and as
protectors of the legal
interests of their clients,
counsels have a duty to
properly act in case of
their clients' death by
notifying the Court of
this development.
Atty. Ferrer is The incompetence of
suspended from the counsel in not knowing
practice of law for 6 any better justifies the
months for engaging in imposition of
forum shopping with a administrative liability.
stern warning against Atty. Ferrer violated the
repetition of the said Lawyers' Oath which
act. exhorts him not to
"wittingly or willingly
promote or sue any
groundless, false or
unlawful suit, nor give
aid or consent to the
same.
Applying Teodoro v.
Atty. Gonzales: In
engaging in forum
shopping, [Atty. Ferrer]
violated Canon 1 of the
Code of Professional
Responsibility which
directs lawyers to obey
the laws of the land and
promote respect for the
law and legal
processes. He also
disregarded his duty to
assist in the speedy
U.P. LAW BOC lustre5159 ETHICS

and efficient
administration of
justice, and the
prohibition against
unduly delaying a case
by misusing court
processes.

Page 20 of 32
lustre5159
U.P. LAW BOC lustre5159
2015
CASE FACTS
Bernardino v. An administrative complaint
Santos was filed by Bernardino
against Atty. Santos
A.C. No. 10583 | alleging that Atty. Santos
Feb 18, 2015 | had falsified the death
Leonen, J. certificate of his aunt,
Rufina Turla and had used
such falsified document to
support the Affidavit of Self-
Adjudication executed by
Mariano Turla who claimed
to be the sole heir of Rufina.
The complainant also
alleges that the respondent
represented conflicting
interest when he filed
pleadings on behalf of
Marilu Turla which claim
that Marilu is the child of
Rufina and Mariano thereby
contradicting the Affidavit of
Self-Adjudication that Atty.
Santos himself drafted.
After investigation and
hearing, the Commission on
Bar Discipline of the IBP
recommended Atty. Santos
be suspended for 3 months.
The IBP found that Atty.
Santos clearly represented
clients with conflicting
interests. He admitted that
the Affidavit of Self-
Adjudication was incorrect
and that Marilu was in fact
an heir of Rufina. Further,
when he filed pleadings on
behalf of Marilu, she
presented him a birth
certificate which indicated
her parents were Rufina
and Mariano.
Page 21 of 32
lustre5159
ETHICS
HELD DOCTRINE
Court was faced with The test if there is a
the issue whether Atty. conflict of interest is
Santos had violated the whether or not in behalf
Code of Professional of one client, it is the
Responsibility. Court lawyer’s duty to fight for
agreed with the findings an issue or claim, but it
of the IBP but modified is his duty to oppose it
the penalty from a for another client.
suspension of 3 months Simply put, if a lawyer
to a suspension of 1 argues for one client,
year. this argument will be
opposed by him when
The test if there is a he argues for another
conflict of interest is client.
whether or not in behalf
of one client, it is the
lawyer’s duty to fight for
an issue or claim, but it
is his duty to oppose it
for another client.
Simply put, if a lawyer
argues for one client,
this argument will be
opposed by him when
he argues for another
client.
Here, the respondent
would necessarily
refute the claim of
Mariano in his affidavit
when he agreed to
represent Marilu.
Worse, he admitted
that he was aware that
Mariano was not the
only heir.
Rule 15.03, however,
provides an exception
to the rule on conflict of
interest. A lawyer may
appear on behalf of
conflicting parties if
they are given a full
disclosure of the facts
and the written consent
of all the parties are
obtained. In the case at
U.P. LAW BOC lustre5159
Ong Lay Hin v. Ong Lay Hin was convicted
CA of estafa before the RTC for
failing to pay metrobank
G.R. No. 191972 | with respect to a trust
Jan 26, 2015 | receipt agreement between
Leonen, J. them. The CA affirmed the
RTC and dismissed MRs,
issuing an Entry of
Judgment on May 15, 2003.
Almost 6 years after, Ong
was arrested. Ong then filed
this Pet'n for Certiorari,
Prohibition, and mandamus,
alleging his counsel never
received a copy of the CA's
Resolution, and his
counsel's negligence does
not bind him.
Page 22 of 32
lustre5159
ETHICS
bar, no consent
appears to have been
obtained nor were the
facts fully disclosed to
the parties.
Finally, respondent
should have been
honest in all his
dealings. He had full
knowledge that Rufina
had another heir but he
still acceded to
Mariano’s request to
prepare the Affidavit of
Self-Adjudication. This
is clear evidence that
the respondent was far
from being honest and
he should have
thwarted the desire of
his client to adjudicate
all the properties of
Rufina to himself.
Petition dismissed The general rule is that
the negligence of
counsel binds the
client, even mistakes in
the application of
procedural rules. The
exception to the rule is
“when the reckless or
gross negligence of the
counsel deprives the
client of due process of
law.” For the exception
to apply, the gross
negligence should not
be accompanied by the
client’s own negligence
or malice, considering
that the client has the
duty to be vigilant in
respect of his interests
by keeping himself up-
to-date on the status of
the case. Failing in this
duty, the client should
suffer whatever
adverse judgment is
rendered against him.
Hiring legal counsel
U.P. LAW BOC lustre5159
Ramirez v. The complainant Ramirez
Buhayang- alleged that he engaged
Margallo Atty. Margallo's services as
legal counsel in a civil case
A.C. No. 10537 | before the RTC. He alleged
Feb 3, 2015 | that Atty. Margallo had
Leonen, J. offered her legal services
on the condition that she be
given 30% of the land
subject of the controversy
instead of attorney's fees
and P1000 per court
appearance. The civil case
reached the CA, and
Ramirez was directed to file
his Appellant’s Brief, to
which Atty. Margallo said
she would prepare one.
Ramirez followed up on the
status of the brief, but he
was told that there was still
no word from the CA.
Thereafter, Atty. Margallo
informed Ramirez that his
Appeal had been denied.
Ramirez went to the Court
of Appeals. There, he
discovered that the
Appellant's Brief was filed
with a Motion for
Reconsideration and
Apologies for filing beyond
the reglementary period.
In her defense, Atty.
Margallo said that she
would not have taken on the
Appeal except that the
mother of Ramirez had
begged her to do so, and
that her failure to
immediately inform Ramirez
of the unfavorable CA
decision was due to losing
her client's number because
her 8-year-old daughter
Page 23 of 32
lustre5159
ETHICS
does not relieve
litigants of their duty to
"monitor the status of
their cases, especially if
their cases are taking
an "unreasonably long
time" to be resolved.
Atty. Margallo is Atty. Margallo violated
suspended from the Canon 17 and Canon
practice of law for two 18, Rules 18.03 and
years, with a stern 18.04 of the Code of
warning against similar Professional
acts in the future. Responsibility. She
failed to exhaust all
possible means to
protect complainant
Ramirez's interest,
which is contrary to
what she had sworn to
do as a member of the
legal profession. The
person privileged to act
as counsel failed to
discharge her duties
with the requisite
diligence.
On the relationship
between an attorney
and client: It is a sacred
agency. It cannot be
disregarded on the
excuse that the lawyer
accepted the case only
because he or she was
asked by an
acquaintance. The
professional
relationship remains
the same regardless of
the reasons for the
acceptance by counsel
and regardless of
whether the case is
highly paying or pro
bono.
U.P. LAW BOC lustre5159
played with her phone and
accidentally erased all her
contacts.
Yu Kimteng v. Petitioners are the majority
Young stockholders of Ruby
Industrial Corporation. The
G.R. No. 210554 | corporation was later
Aug 5, 2015 | liquidated and respondents
Leonen, J. entered their appearance as
the counsel of the liquidator.
Petitioners filed an
opposition against the
appearance of the
respondents citing that their
firm name Young, Revilla,
Gambol, and Magat still
contained the name of Atty.
Revilla who had been
disbarred by the Supreme
Court in 2009.
This opposition was
overruled and the
petitioners filed a petition
before the SC seeking to
have respondents cited in
contempt under Rule 71 for
retaining the name of Atty.
Revilla even after he was
disbarred.
Respondents allege that the
petition should be
dismissed as it constitutes
forum shopping because
the petitioners had earlier
filed disbarment cases
against them based on the
same grounds. Further,
they allege that the
retention of Atty. Revilla’s
name was merely for
sentimental reasons and
that they did not intend to
deceive the public. They
noted that the retention of
Revilla’s name is no more
misleading than including
the names of dead or
retired partners in a law
firm’s name.
Page 24 of 32
lustre5159
ETHICS
Respondents A disbarred lawyer’s
committed indirect name cannot be part of
contempt of court when a firm’s name. A lawyer
they failed to remove who appears under a
Revilla’s name. This firm name that contains
situation is not akin to a disbarred lawyer’s
the retention of a name commits indirect
deceased partner’s contempt of court.
name in the law firm’s
name. The retention of The power to punish for
the name of the contempt does not
deceased partner is exhaust the scope of
allowed under the Code disciplinary authority of
of Professional the Court over lawyers.
Responsibility provided The Court’s power to
that there is an discipline lawyers is
indication that said corollary to its exclusive
partner is deceased. power over admission
This ensures that the to the Bar.
public is not misled. In
the case at bar, the
retention of a disbarred
lawyer’s name may
mislead the public into
believing that the
lawyer is still authorized
to practice law. Hence,
from the time Revilla
was disbarred in 2009,
no efforts were exerted
by Young, and Magat
to remove his name
from the firm name. It
was only Gambol who
took the effort to
remove his name
whenever he filed
pleadings. Hence,
Young and Magat are
to be fined Php 30,000
for indirect contempt of
court while the
complaint is dismissed
insofar as it concerns
Gambol.
As to the allegation on
forum shopping, the
Court finds that the
filing of a complaint for
U.P. LAW BOC lustre5159
Luna v. Galarrita Without Luna’s consent,
Atty. Galarrita settled
A.C. No. 10662 | Luna's case with the other
Jul 7, 2015 | party. Atty. Galarrita further
Leonen, J. failed to promptly inform his
client of his receipt of the
proceeds of the settlement,
and further refused to tum
over the amount received.
Page 25 of 32
lustre5159
ETHICS
disbarment is not the
same as a civil or
criminal case. As
repeatedly ruled,
disbarment
proceedings are sui
generis and are
intended to cleanse the
ranks of the legal
profession. The power
to punish for contempt
does not exhaust the
scope of disciplinary
authority of the Court
over lawyers. It is but
corollary to the Court’s
exclusive power over
the Bar.
Galarrita is suspended The Rules of Court, in
for 2 years, with stern accordance with Art.
warning, and ordered to 1878, NCC, requires
return P100,000 with lawyers to secure
legal interest special authority from
their clients when
entering into a
compromise agreement
that dispenses with
litigation. Assuming
Luna did by an SPA
give Atty. Galarrita the
authority to enter into
compromise
agreements at the time
the Compromise was
made in this case,
Galarrita's failure to
inform Luna that the
compromise was
executed had only
given Luna the reason
to cast doubt on his
real intention in
agreeing to the
compromise agreement
for and in his behalf. At
the time the
compromise was
executed, Luna was not
abroad and, therefore,
given the current
information technology
it would have been
easy or convenient for
U.P. LAW BOC lustre5159 ETHICS

Galarrita to have
informed his client
about it.

As to Galarrita's
invocation of the
lawyer's retaining lien
and his retention of the
money: without the
client’s consent, the
lawyer has no authority
to apply the client’s
money for his fees, but
he should instead
return the money to his
client, without prejudice
to his filing a case to
recover his unsatisfied
fees.

The Law Firm of Officers of Clark The Commission on The general rule is that
Laguesma v. Development Corporation, a Audit did not commit government-owned and
COA GOCC, approached the law grave abuse of controlled corporations
firm of Laguesma Magsalin discretion in denying must refer all their legal
G.R. No. 185544 | Consulta and Gastardo for the corporation's matters to the Office of
Jan 13, 2015 | its possible assistance in request for clearance to the Government
Leonen, J. handling the company’s engage the services of Corporate Counsel. It is
labor cases. The petitioner as private only in "extraordinary or
Corporation’s Board of counsel. The petition is exceptional
Directors eventually dismissed. circumstances" or
approved the law firm’s "exceptional cases"
engagement as private that it is allowed to
counsel. engage the services of
private counsels.
The Corporation requested Otherwise, its officials
for approval of the law firm’s bind themselves to be
engagement as private personally liable for
counsel, but Government compensating private
Corporate Counsel counsel's services.
Devanadera denied Clark
Development Corporation's
request. Without the prior
approval of the Government
Corporate Counsel, the
Coporation’s retainership
contract with the law firm
could not have been
considered authorized, and
consequently, COA denied
the Corporation’s request
for clearance in the
disbursement of funds to
pay petitioner its standing
legal fees.

Page 26 of 32
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U.P. LAW BOC lustre5159
Enriquez v. De Case involves an
Vera administrative complaint
against the respondent for
A.C. No. 8330 | issuing worthless checks
Mar 16, 2015 | and for the non-payment of
Leonen, J. a loan. Complainant alleges
that she loaned the
respondent Php 500K with
interest of Php 20K per
month until fully paid.
Respondent issued checks
in payment of the debt but
these were dishonored.
Complainant thus filed a
complaint for violation of BP
22. The QC Prosecutor
found probable cause and
an information was filed
before the RTC of QC.
Respondent presents a
different version. She
alleges that the checks she
had issued were merely
“show checks” as a
guaranty for the
construction of cell sites – a
project undertaken by the
complainant as part of her
business. The checks,
according to respondent,
were not meant to be
deposited. Further, the
respondent notes that the
criminal complaint filed
against her was under
reinvestigation.
IBP, after due investigation,
recommended that the
respondent be suspended
for one year.
Pitogo v. Suello Atty. Suello notarized the
documents for the
A.C. No. 10695 | registration of Pitogo's
Mar 18, 2015 | motorcycle, which Pitogo
Leonen, J. bought from Emcor, Inc.
Pitogo obrtained a copy of
the LTO documents and
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ETHICS
Court affirmed the In disbarment cases
findings and involving BP 22, no
recommendation of the conviction is necessary
IBP. The court has insofar as the
already ruled in administrative or civil
previous cases that the case or the disbarment
issuance of worthless case is concerned. The
checks by a lawyer issuance of the
constitutes serious bouncing check in
misconduct. No violation of BP 22
conviction for a constitutes serious
violation of BP 22 is misconduct on the part
needed. Misconduct of a member of the Bar.
involves a “wrongful
intention and not a
mere error of
judgment”. It becomes
serious when it is
flagrant.
In the case at bar,
respondent admitted
issuing the checks to
the complainant and
refused to answer for
her liabilities by
denying the existence
of the loan and claiming
that the checks were
“show checks”.
However, she failed to
present any evidence
to prove such
allegations. Further, it
is contrary to ordinary
human experience that
she would just “lend”
the checks to the
complainant
considering the value
stated therein. As a
lawyer, the respondent
is presumed to know
laws such as BP 22
and the consequences
for violating said laws.
Suello is suspended for Notarial acts give
3 months, with stern private documents a
warning; his notarial badge of authenticity
commission is revoked that the public relies on
and he is disqualified when they encounter
from being written documents and
engage in written
U.P. LAW BOC lustre5159
went to Suello's office for
certification, as the
documents were important
in his pending civil case
against Emcor, Inc.
However, Suello ignored
Pitogo's request and
instead ordered his
secretary to give Pitogo a
copy of his notarial register.
Suello negligently failed to
enter the details of the 3
documents on his notarial
register. Upon noticing the
discrepancies between the
notarized documents and
the entries in the notarial
register, Pitogo filed the
present Affidavit-Complaint
against Suello. Suello
alleged that he certified the
copies as true copies and
later blamed his secretary,
claiming it was the
secretary who certified the
documents.
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ETHICS
commissioned as transactions. Hence, all
notary public for 1 year notaries public are
duty-bound to protect
the integrity of notarial
acts by ensuring that
they perform their
duties with utmost care.
When Suello
negligently failed to
enter the details of the
three (3) documents on
his notarial register, he
cast doubt on the
authenticity of
complainant’s
documents. He also
cast doubt on the
credibility of the notarial
register and the notarial
process. He violated
not only the Notarial
Rules but also the
CPR, which requires
lawyers to promote
respect for law and
legal processes.
Suello also committed
a falsehood when he
said at first that he
certified the
documents, then in a
later Position Paper,
said it was his
secretary.
Suello's secretary
cannot be blamed for
the erroneous entries in
the notarial register.
The notarial
commission is a license
held personally by the
notary public. It cannot
be further delegated. It
is the notary public
alone who is personally
responsible for the
correctness of the
entries in his or her
notarial register.
U.P. LAW BOC lustre5159
Intestate Estate Maghari is charged with the
of Jose Uy v. use of information that is
Maghari false and/or appropriated
from other lawyers in
A.C. No. 10525 | signing certain pleadings.
Sept 1, 2015 | Due to inconsistencies in
Leonen, J. the Motions filed by
Maghari, the opposing
counsel in a case he was
handling was prompted to
check the records of the
case. Upon doing so, he
learned that since 2010,
Maghari had been changing
the professional details
indicated in the pleadings
he has signed and has
been copying the
professional details of one
Atty. Natu-El. Maghari does
not deny the existence of
the errant entries indicated
by Uy’s counsel. However,
Maghari insists that he did
not incur disciplinary
liability. He claims that
these entries were mere
overlooked errors.
Anudon v. Cefra Complainants owned a
4,446 sq. meter parcel of
A.C. No. 5482 | land found in Pangasinan.
Feb 10, 2015 | Respondent later notarized
Leonen, J. a deed of absolute sale
over said land despite the
fact that the complainants
were unaware of the
contents of the deed and
were not present when the
deed was notarized.
After due investigation by
the NBI, it concluded that
the signatures on the deed
of sale were forged.
Complainants thus filed an
administrative complaint
against the respondent for
violating the Notarial Law
and the Code of
Professional Responsibility.
SC ordered the respondent
to comment on the
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ETHICS
Atty. Pacifico M. The Court found that
Maghari, III, having Maghari knowingly and
clearly violated his repeatedly violated
Lawyer's Oath and the clear legal
Canons of the Code of requirements, and
Professional indicated false
Responsibility (Canons information. There was
1, 8, 10, 11, 17 and 18) a pattern of deceit in
through his unlawful, his behavior. The
dishonest, and deceitful information he used
conduct, is was shown to have
SUSPENDED from the been appropriated from
practice of law for 2 another lawyer. Not
years. only was he deceitful;
he was also larcenous.
Further, his act not only
of usurping another
lawyer's details but also
of his repeatedly
changing information
from one pleading to
another demonstrates
the intent to mock and
ridicule courts and legal
processes.
Court affirmed the Whoever acts as a
findings of the IBP but Notary Public must
amended the penalty. ensure that the parties
executing the
The notarization of document are present
documents ensures the before him. The
authenticity and absence of the parties
reliability of a means that the
document. The Rules document cannot be
on Notarial Practice acknowledged and the
require that notarization of a
acknowledgements document in the
require the affiant to absence of the parties
appear in person is a breach of duty.
before the notary
public. Without the
physical presence of
the affiant, the notary
public will not be able
to properly execute his
or her duty under the
law. Any transgression
on the rules of notarial
practice sacrifices the
integrity of notarized
U.P. LAW BOC lustre5159
complaint. Respondent
failed to comment despite
filing repeated motions for
extension and it was only
after he was ordered
arrested by the court did the
respondent file his
comment.
In his comment, respondent
alleged that as the distant
relative of the complainants,
he was aware that the
complainants wanted to sell
the land. Hence, when
complainant’s son
presented him with the
deed of absolute sale, he
assumed that complainants
were aware of its contents
despite being absent when
he notarized it. However,
respondent also confessed
that it was the complainants
son who forged the
signatures on the
document.
Chua Keng Sin v. Chua Keng Sin and his
Judge Mangente brother separately filed their
complaints for slight
A.M. No. MTJ-15- physical injuries against
1851 | Feb 11, each other before the
2015 | Leonen, J. Lupon of Barangay
Bangkulasi, Navotas. Chua
Keng Sin filed his earlier
than his brother. When the
brother learned that his
Complaint would be treated
as a counterclaim, he
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documents.
In the case at bar, the
respondent cannot
claim as a defense the
desire of the
complainants to sell the
land. Even if this were
true, the vendors were
not able to review the
contents of the
document given for
notarization. It is
possible that the terms
and conditions stated in
the document were not
favorable to the
vendors. In addition,
the possibility of forgery
became real.
Finally, respondent also
violated the Code of
Professional
Responsibility when he
contumaciously refused
to file his comment to
the complaint despite
being ordered by this
court. This
disobedience was
never explained and is
inexcusable.
Thus, court suspended
the respondent from
the practice of law for 2
years and perpetually
disqualifies him from
being commissioned as
a notary public
Mangente is Mangente is guilty of
suspended for 6 gross ignorance of the
months, with warning law. Judges are to be
reminded that it is the
height of incompetence
to dispense cases
callously and in utter
disregard of procedural
rules. Whether the
resort to shortcuts is
borne out of ignorance
or convenience is
U.P. LAW BOC lustre5159 ETHICS

decided to file a Complaint immaterial. Judges took

for attempted murder an oath to dispense
instead before the Office of their duties with
the City Prosecutor of competence and
Navotas. Asst. City integrity; to fall short
Prosecutor recommended would be a disservice
both brothers be charged not only to the entire
with slight physical injuries. judicial system, but
Informations for the more importantly, to the
Complaints were docketed, public. Respondent’s
and the case against Chua failure must not be
Keng Sin went to the MTC brushed aside. We find
branch presided by Judge the imposition of
Mangente. Chua filed a suspension for 6
MTD, but the Judge denied months to be justified.
it as well as the MR. Chua
also filed a Motion for
determination of probable
cause, for which Chua's
brother filed his Comment.
Judge Mangente declared
the latter Motion submitted
for resolution, without
waiting for Chua's period to
file a Reply to expire.
Mangente denied the latter
Motion. Hence, this
Complaint. In his Comment,
Judge Mangente admitted
and apologized for his
mistake, “attributing it to
pure oversight and
inadvertence ... mainly
because of the bulk of work
that he had to attend to, as
[the case was brought to
him] barely a year since he
was appointed [as] judge[.]”
As for the Motion to
determine probable cause,
the Judge acted so "on the
honest belief that the
Motion was already due for
resolution." Mangente
further claimed that “[Chua]
cannot . . . put the blame on
him for the delay in
resolving the [M]otions,"
saying that Chua and his
counsel had the
responsibility of following up
the status of his case.

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