2 0 1 4 C A S E S

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CANON 1

• Crisostomo et al. v.
Atty. Nazareno
• A.C. NO 6677 - June 10, 2014
•  PONENTE: Perlas-Bernabe, J.
• TOPIC:   CANON 1 – A LAWYER
SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS
OF THE LAND AND PROMOTE
RESPECT FOR LAW AND LEGAL
PROCESSES. Rule 1.01 - A lawyer
shall not engage in unlawful, dishonest,
immoral or deceitful conduct. 
Overview:

• It has been established that Atty. Nazareno made

false declarations in the certifications against
forum shopping attached to Rudex’s pleadings, for
which he should be held administratively liable.
Atty. Nazareno – as mandated by the Rules of
Court and more pertinently, the canons of the
Code – should have truthfully declared the
existence of the pending related cases in the
certifications against forum shopping attached to
the pertinent pleading.

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Facts of the case:
• In 2001, the complainants purchased housing
units from Rudex and due to some construction
defects in the housing units and the subdivision
itself, complainants sought for rescission. The
rescission cases were filed by herein
complainants Sioting, Crisostomo and Marquizo
while the second batch of rescission cases were
filed by complainants Balatucan, Solis and
Villanueva. Rudex was represented by
respondent Atty. Nazareno. Judgement of default
was rendered against Rudex during the first This Photo by Unknown author is licensed under CC BY-SA.

batch of rescission cases.

 • In 2003, Rudex filed three (3) petitions
for review before the Housing and Land
Use Regulatory Board (HLURB) assailing
the same. Atty. Nazareno, stated that it
has not commenced or has knowledge of

HLURB any similar action or proceeding

involving the same issues pending before
any court, tribunal or agency despite the
fact that they have previously filed an
ejectment case on 2002 against Sioting
and her husband in the MTC of Cavite.

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• In 2004, Rudex, again represented by Atty.
Nazareno, filed another complaint against Sps.
Sioting before the HLURB for the rescission of
their contract to sell and the latter’s ejectment,
with a certification that they had not
commenced any action involving the same
issues before any court. It was notarized by
Atty. Nazareno himself. In the same year, Atty.
Nazareno filed six (6) more complaints against
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complainants before the HLURB together with

the same certification against forum shopping.
Issue:

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Whether or not Atty. Nazareno should be held administratively liable.
Ruling:

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Yes. This Photo by Unknown author is licensed under CC BY-ND.

• In the realm of legal ethics, said infraction

may be considered as a violation of Rule
1.01, Canon 1 and Rule 10.01, Canon 10 of
the Code of Professional Responsibility
(Code) which provides:
 • CANON 1 – A LAWYER SHALL UPHOLD
THE CONSTITUTION, OBEY THE LAWS
OF THE LAND AND PROMOTE RESPECT
FOR LAW AND LEGAL PROCESSES.

• Rule 1.01 - A lawyer shall not engage in

unlawful, dishonest, immoral or deceitful
conduct.

This Photo by Unknown author is licensed under CC BY-NC.

• It has been established that Atty. Nazareno made
false declarations in the certifications against forum
shopping attached to Rudex’s pleadings, for which
he should be held administratively liable. Atty.
Nazareno – as mandated by the Rules of Court and
more pertinently, the canons of the Code – should
have truthfully declared the existence of the pending
related cases in the certifications against forum
shopping attached to the pertinent pleadings. The
Court must not hesitate to discipline the notary
public accordingly as the circumstances of the case
may dictate. Otherwise, the integrity and sanctity of
the notarization process may be undermined and
public confidence on notarial documents diminished.
In this case, respondent’s conduct amounted to a
breach of Canon 1 of the Code of Professional
Responsibility, which requires lawyers to obey the
laws of the land and promote respect for the law and
legal processes. This Photo by Unknown author is licensed under CC BY-SA.