U.P.

LAW BOC abon3298 LEGAL ETHICS

LEGAL ETHICS
RECENT JURISPRUDENCE
2020
CASE FACTS HELD DOCTRINE

Anonymous Misconduct is a transgression of some established and definite rule of action, more
Complaint particularly, unlawful behavior or gross negligence by the public officer. It is
Against Clerk of intentional wrongdoing or deliberate violation of a rule of law or standard of
Court Atty. behavior and to constitute an administrative offense, the misconduct should relate
Cuenco, et al to or be connected with the performance of the official functions and duties of a
public officer. In order to differentiate gross misconduct from simple misconduct,
A.M. No. P-10- the elements of corruption, clear intent to violate the law, and not a mere error of
2812 | Aug 18, judgment, or flagrant disregard of established rule, must be manifest in the former.
2020 | Per Curiam
On the other hand, dishonesty means "a disposition to lie, cheat, deceive or
defraud; untrustworthiness; lack of integrity, lack of honesty, probity or integrity in
principle; lack of fairness and straightforwardness; disposition to defraud, deceive
or betray."

Separate concurring opinion from Leonen:

By virtue of administrative supervision, this Court oversees the locally-funded
personnel's conformity with the rules and laws, and may proceed with appropriate
administrative actions in case of any violation or deviation thereof.

Malanyaon v. Galang resolved whether this Court may discipline an erring locally-
funded employee duly assigned or detailed to the lower court. Although Galang
was an appointee of the then Mayor of Manila and the authority to discipline,
suspend, and remove lies with the latter, this Court nevertheless held Galang
accountable for his actions by imposing upon him the penalty of fine and by
withdrawing his authority to perform his duties as Sheriff.

Flores- Complainant, Sharon W/N the death of When the respondent in

Concepcion v. Flores-Concepcion sued respondent Judge a pending
Castañeda respondent Judge Liberty Liberty O. Castaneda administrative case
Castaneda when the judge warrants the dismissal dies, the case must be
A.M. No. RTJ-15- nullified her marriage to of the Administrative rendered moot.
2438 | Sept 15, Vergel Concepcion without Complaint lodged Proceeding any further
2020 | Leonen, J. her knowing about it. against her – YES, the would be to violate the
Concepcion and her administrative respondent's
husband did not file any complaint shall be fundamental right to due
petition for the nullification of rendered moot. process. Should it be a
their marriage so they were guilty verdict, any
utterly surprised when the monetary penalty
Decision declaring their imposed on the dead
marriage void ab initio was respondent's estate
sent to them. When only works to the
Concepcion went to RTC, detriment of their heirs.
Paniqui, Tarlac, she To continue with such
discovered that based on cases would not punish

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records, no hearing was the perpetrator, but only

conducted on the case at all. subject the grieving
Concepcion then filed a family to further
complaint against Judge suffering by passing on
Castaneda. During the the punishment to them.
pendency of said case, the
respondent judge was
dismissed from service in
another case. In a
Memorandum, the Office of
the Court Administrator said
that even though the judge
was already dismissed,
there are still penalties that
can be imposed since
Concepcion’s complaint was
filed before the ruling which
dismissed the judge. OCA
made several
recommendations. During
the pendency of the
Memorandum, Judge
Castaneda passed away.

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 This Court expects an
her money. officer of the court to
strictly adhere to the
"rigid standards of

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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
with mercy and mete
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.
Buntag v. Toledo Petitioners filed a The administrative The burden of proof lies
Disbarment Complaint complaint is dismissed on the party making the
A.C. No. 12125 | against Atty. Toledo, their for lack of merit. He is allegation. In a
Feb 11, 2019 | former counsel in several directed to reduce into disbarment complaint,
Leonen, J. criminal and civil cases. writing all of his the allegations of the
They claimed that he kept agreements for legal complainant must be
demanding money despite services with his clients, proven with substantial
knowing that they were and is given a stern evidence.
indigents. This supposedly warning against similar
forced them into infractions in the future.
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 to
present any evidence to
adequately support their
allegations.
Re: Elvira N. An administrative com-plaint No, former CJ De The 24-month period
Enalbes was filed by complainants Castro cannot be held prescribed by the
Elvira Enalbes, Rebecca administratively liable Constitution and the
A.M. No. 18-11-09 Ange-les, and Estelita for not decid-ing on internal rules of the
S.C. | Mar 11, Ocampo against former CJ complainant’s petition Supreme Court, while
2019 | Leonen, J. Teresita Leonardo-De despite the lapse of five persuasive, does
Castro. (5) years. summarily bind the
Complainants allege that CJ The Constitution and Supreme Court. As the
De Castro failed to decide the internal rules of the court of last instance, it
on a petition for mandamus Supreme Court state must be given sufficient
and prohibition filed against that the 24-month time to deliberate the
the PNB despite the lapse of period for deciding or cases before it.
over five (5) years. resolving a case is
Complainants argue that this reckoned from the date

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resulted in a violation of their of its submission for

right to a speedy disposition resolution. The period
of cases and that CJ De does not begin upon the
Castro had given un- filing of the petition
warranted benefits to PNB. before the court. It runs
only when the last
The sole issue before the pleading or
court is whether or not memorandum had been
former CJ De Castro should sub-mitted.
be held administratively
liable for gross ignorance of In Marcelino v. Hon.
the law, gross inefficiency, Cruz, the Court even
gross misconduct, gross dis- noted that the 24-month
honesty, and conduct period is merely
prejudicial to the best directory upon the court.
interest of the service. 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.
Abogado, et al v. On April 16, 2019, a Petition Canon 22, Rule 22.01 of A counsel may only be
Department of was filed by the IBP, the Code of allowed to withdraw
Environment and members of the Kalayaan Professional from the action either
Natural Palawan Farmers and Responsibility provides with the written consent
Resources Fisherfolk Association, and the "good causes" of the client or "from a

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residents of Sitio under which a counsel good cause.” Notice of

G.R. No. 246209 | Kinabuksan, Cawag, may withdraw without the change shall be
Sept 3, 2019 | Zambales. They sought the the written conformity of given to the adverse
Leonen, J. issuance of writs of the client. Failure to party.
kalikasan and continuing contact the client
mandamus over Panatag despite diligent efforts is The rule in this
Shoal (Scarborough Shoal), not considered under jurisdiction is that a
Panganiban Reef (Mischief this Rule as a "good client has the absolute
Reef), and Ayungin Shoal cause" upon which a right to terminate the
(Second Thomas Shoal). lawyer may withdraw attorney-client relation
from the case without at any time with or
Petitioners relied on the first seeking the client's without cause. The right
Permanent Court of written conformity. Had of an attorney to
Arbitration's findings in its this Court granted the withdraw or terminate
Arbitral Award that Chinese Motion to Withdraw as the relation other than
fisherfolk and China's Counsel, 20 fisherfolk- for sufficient cause is,
construction of artificial petitioners would be left however, considerably
lands have caused severe without counsel to restricted. Among the
environmental damage to inquire if they were still fundamental rules of
the marine environment of pursuing the case. ethics is the principle
these areas. They alleged that an attorney who
that their "constitutional right Petitioners' counsels undertakes to conduct
to a balanced and healthful had the responsibility, an action impliedly
ecology" was being right at the start of their stipulates to carry it to
threatened and was being engagement, to its conclusion. He is not
violated due to the establish the modality of at liberty to abandon it
"omissions, failure, and/or communication with without reasonable
refusal of Respondents to their clients. Mere cause. A lawyer's right
enforce Philippine laws in difficulty in contacting to withdraw from a case
Panatag Shoal, Ayungin the client is not a before its final
Shoal, and Panganiban sufficient reason for his adjudication arises only
Reef." or her counsel to from the client's written
abandon his or her consent or from a good
Respondents in this case cause, more so in this cause.
are from DENR, DA, BFAR, case where counsels
Navy, Coast Guard, PNP, are rendering legal aid
DOJ. They argued that the pro bono. Counsels
Petition suffered from fatal should exert the same
procedural infirmities, which amount of
should have warranted its professionalism,
dismissal. They alleged that regardless of their
the Petition failed to state a client's capacity to pay
cause of action since for their services.
petitioners merely relied on
the 2016 Arbitral Award as
evidence and failed to attach
the required judicial
affidavits of witnesses.
Respondents likewise made
several factual allegations to
substantiate their argument
that they complied with
environmental laws and
regulations. They submitted
that since the case involved
the conduct of foreign
relations, the remedies

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sought by petitioners were

diplomatic and political in
nature, and hence
"transcend[ed] mere
enforcement of
environmental laws."

Oral arguments were

scheduled and eventually
held. On July 9, 2019,
SolGen Calida, before
presenting his opening
statement, orally manifested
that he be allowed to submit
as additional compliance a
Manifestation and Motion,
along with its attached
documents, to be admitted
as part of the case records.
The documents attached to
the Manifestation and
Motion were affidavits
executed by 19 of the 40
fisherfolk-petitioners before
respondent Bureau of
Fisheries and Aquatic
Resources, requesting that
their signatures be
withdrawn from the Petition,
which they claimed they did
not read and was not
explained to them before
signing. They stated that
they had been misinformed
about the nature of the
Petition filed before this
Court. Thinking that the
respondents would be the
foreign nationals who
caused the environmental
damage. Petitioners'
counsels objected, arguing
that it was unethical for
respondent to have
conferred with petitioners
without their counsels'
knowledge

Eventually, petitioners'
counsel prayed, among
others, that the counsels be
allowed to withdraw as such
for 20 petitioners, and that
the petition be withdrawn.

2018

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CASE FACTS HELD DOCTRINE

Lehnert v. Diño An Information against Atty. Atty. Dennis L. Diño is This Court continues to
Diño was filed with MTC of suspended from the state that the issuance
A.C. No. 12174 | QC, charging him with 2 practice of law for 2 of worthless checks
Oct 11, 2018 | counts of violating BP 22. A years, with warning that constitutes gross
Leonen, J. Warrant of Arrest was then a repetition of similar misconduct and violates
issued. Members of the PNP acts shall be dealt with Canon 1 of the Code of
and NBI attempted to serve more severely. Professional
the warrant on Atty. Diño but Responsibility, which
were unable to locate him at mandates all members
his residential addresses or of the bar "to obey the
even at his office address. laws of the land and
Thus, considering that Atty. promote respect for
Diño was hiding to evade law." Issuance of
arrest, Lehnert prayed for worthless checks also
his immediate disbarment. violates Rule 1.01 of the
Code, which mandates
that "[a] lawyer shall not
engage in unlawful,
dishonest, immoral or
deceitful conduct."

Chavez v. This case involves 33 No concrete proof of This Court will not
Marcos consolidated criminal cases Judge Pampilo's require a judge to inhibit
filed against Imelda Marcos, personal interest in the himself in the absence
G.R. No. 185484 | among others, for violations case was presented. of clear and convincing
Jun 27, 2018 | of the Central Bank Act. There was no showing evidence to overcome
Leonen, J. Chavez, as the second that his bias stems from the presumption that he
witness for the prosecution, an extrajudicial source. will dispense justice in
claims that the proceeding in The Motion to Inhibit is accordance with law
the RTC was biased in favor denied. and evidence.
of the Marcoses. His claims
were based largely on his A judge cannot be
perception of how RTC disqualified by a litigant
Presiding Judge Pampilo or his lawyer for
scheduled his testimony, grounds other than
combined with what those specified in the
transpired when he failed to first paragraph of
testify. Thus, the Section 1, Rule 137.
prosecution files a Motion to
Inhibit for the inhibition of
Judge Pampilo.

Re: Teresita J. Justice Leonardo-De Castro It is clear under RA All positions with a
Leonardo-de issued a memorandum 8557 which created the Salary Grade of 29 or
Castro questioning the appointment PHILJA that the power higher and bearing a
of Atty. Mendoza who was to appoint officials of the judicial rank shall
A.M. Nos. 17-07- appointed by CJ Sereno as PHILJA are granted to require an appointment
05 & 18-02-13 | Chief of Office of the PHILJA the Court En Banc. The by the Court En Banc
Jul 3, 2018 | Mediation Center. Justice administrative matter subject to exceptions
Leonen, J. De Castro argues that the mentioned by CJ hereafter made by the
appointment of the Chief of Sereno does not Court.
Office should have been equivocally delegate the
done by the Court en band power to appoint these An administrative
pursuant to a officials to the CJ and matter delegating the

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recommendation made by the Chairmen of the power of appointment

the PHILJA Board. She divisions of the SC. If over third level officials
notes that the appointment there is any ambiguity to the Chief Justice and
of Atty. Mendoza did not go then the court should the Chairmen of the SC
through such a process as resolve it in favor of Divisions cannot validly
Atty. Mendoza was non-delegation. delegate the power to
appointed through a appoint such officials
memorandum issued by CJ Thus, to clarify, all unless it clearly and
Sereno and concurred by positions of Salary unequivocally says so.
the Chairmen of the SC Grade 29 and those
Divisions. with judicial rank shall
be filled only by the
For Justice De Castro, the Court En Banc subject
power to appoint third level to any exceptions
officials below the Associate hereafter made by the
Justices who handle Court En Banc.
technical and policy issues
should be appointed by the Thus, considering that
Court En Banc. the position of Chief of
Office of the PHILJA
In her reply, CJ Sereno Mediation Center is of
notes that an administrative salary grade 30 and
matter (A.M. 99-12-08-SC) bears a judicial rank, the
delegated to the Chief position should be
Justice and the Chairmen of included in the offices
the divisions the requiring appointment
appointment of personnel in by the Court En Banc.
order to give more time to
the court En Banc to conduct As to the appointment of
deliberations on cases. Atty. Mendoza,
Further, CJ Sereno notes considering she had
that the position of Atty. resigned a day before
Mendoza is not a third level the court deliberated on
position involving technical the matter, then the
or policy issues considering issue is moot. However,
the fact that her office is but it would be necessary to
one of the many offices note that the past
under the PHILJA. practices of the PHILJA
involved the PHILJA
In her rebuttal, Justice De Board sending its
Castro notes that the A.M. recommended
referred to by CJ Sereno candidates for vacant
was superseded by a later positions to the Court
A.M. which notes that En Banc. Why this was
appointments to the PHILJA not done in Atty.
must be made by the Court Mendoza’s case raises
En Banc. She further notes concern.
that the position of Atty.
Mendoza is a third level
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

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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

2017
CASE FACTS HELD DOCTRINE

Mendoza v. Judge Diasen called and Diasen, Jr., former Judges must at all times
Diasen asked Mendoza, a PUV Acting Presiding Judge, conduct themselves in a
driver, to help Flores, one of MTC Makati is found manner beyond
A.M. No. MTJ-17- Mendoza's regulars, look for GUILTY of conduct reproach to ensure the
1900 | Aug 9, a rice retailer for 50 sacks of unbecoming a judge public's continued
2017 | Leonen, J. rice. Mendoza introduced and is fined P5,000.00. confidence in the
Flores to the owner of judiciary. The restriction
Carolina Marketing. under Rules 5.02 and
Mendoza guaranteed the 5.03 of the Code of
transaction so that Carolina Judicial Ethics on
Marketing would accept a judges with regard to
post-dated check. Judge their own business
Diasen gave a P112,000 interests is based on the
check and increased his possible interference
order to 70 sacks. When the which may be created
check was presented to by these business
Carolina Marketing, it was involvements in the
dishonored due to exercise of their judicial
insufficiency of funds. duties which may tend
Carolina Marketing then to corrode the respect
sought payment from and dignity of the courts
Mendoza. Mendoza tried to as the bastion of justice.
inform Flores and Diasen, Judges must not allow
but neither were ever themselves to be
available, so Mendoza filed distracted from the
this complaint. performance of their
judicial tasks by other
Diasen had admitted that he lawful enterprises. It has
would have profited from the been a time-honored
sales of rice had it been rule that judges and all
delivered. Diasen also court employees should
admitted that he "took an endeavor to maintain at
active role in the prospective all times the confidence
sale by notifying Makati City and high respect
Hall employees, and he accorded to those who

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even had 'to advise would- wield the gavel of

be buyers to come back the justice."
following day' when Flores
failed to arrive with the rice Judge Diasen's act of
on the agreed date." 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
employees. If the sale
had pushed through, he
would have profited
from his position.

Tejano v. Judge A civil case, pending before Presiding Judge Failure to transfer cases
Marigomen the RTC of Bogo City, was Antonio D. Marigomen to the judge duly
assigned to Judge is guilty of the less assigned is tantamount
A.M. No. RTJ-17- Himalaloan. Judge serious charge of to a violation Supreme
2492 | Sep 26, Marigomen took over the violating Supreme Court Court rules, directives,
2017 | Leonen, J. case after granting the rules, directives, and and circulars.
plaintiff's motion for the said circulars, and of the
judge to try the case instead. serious charge of gross Without a standing
Thereafter, Judge Trinidad ignorance of the law. He warrant of arrest, a
is assigned as the new is meted the penalty of judge not assigned to
Assisting Judge, and he is to FINE on both charges in the province, city, or
take over Judge the total amount of municipality where the
Himalaloan's cases, as well P120,000.00. case is pending has no
as some of Judge authority to grant bail.
Marigomen's, including the To do so would be gross
pending civil case. ignorance of the law.

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 The CA was incorrect in Under the 2004 Rules
Larrazabal decision and resolution of outright dismissing the on Notarial Practice,
Enterprises the Court of Appeals (CA) petition on mere competent evidence of
dismissing their Rule 43 technicalities. Courts identity enables the
G.R. No. 199107 | petition on mere are reminded that every notary to verify the
Aug 30, 2017 | technicalities. The CA noted party litigant must be genuineness of the
Leonen, J. that the verification of the afforded the fullest signature of the
petition filed before the CA opportunity to ventilate acknowledging party
did not show any competent and argue his case, and to ascertain that the

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evidence of identity for the “free from restraints and document is the party’s
petitioners. Further, the CA technicalities”. free act and deed.
noted that the counsel of the However, this is not an
petitioners failed to indicate The supposed failure of absolute requirement
the place of issue of his IBP the petitioner’s and becomes
number. certification of non- imperative only when
forum shopping to show the notary does not
Sole issue before the SC competent evidence of personally know the
was whether the errors identities is not fatal. signatories.
pointed out by the CA Under the 2004 Rules
justified an outright on Notarial Practice, Bar Matter No. 287
dismissal of the petition. Competent evidence of does not require that
identity enables the counsel for a party
notary to "verify the indicate in the pleading
genuineness of the the place of issue of his
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.

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Rapsing v. In a Complaint, Rapsing Walse-Lutero is It is the presiding

Walse-Lutero accused Judge Walse- admonished for her judge's responsibility to
Lutero of MTC QC of undue undue delay in resolving know which cases or
A.M. No. MTJ-17- delay in resolving 2 motions the motions. motions were submitted
1894 (Resolution) filed by his counsel in a case for decision or
| Apr 4, 2017 | for ejectment. Judge Walse- Branch Clerk of Court resolution. Judges are
Leonen, J. Lutero denied this, Rota is found guilty of expected to closely
exlpaining the Branch Clerk gross neglect of duty follow the development
of Court Rota failed to return and is hereby dismissed of cases and in this
the case records for from service. All her respect, "to keep [their]
resolution. benefits, except own record of cases so
accrued leave credits, if that [they] may act on
Rota admitted that the any, are declared them promptly."
volume of civil cases forfeited, with prejudice
pending decision caused her to re-employment in any Judges and branch
failure to refer the case to branch or clerks of court should
Walse-Lutero. The records instrumentality of the conduct personally a
were also badly damaged by government, including physical inventory of the
rain water from Typhoon government-owned and pending cases in their
Ondoy leaking through the controlled corporations courts and examine
court's ceiling, but they were and financial personally the records
reconstituted and promptly institutions. of each case not only at
resolved the incidents and the time of their
rendered her decision in the assumption to office,
subject case for ejectment. but every semester
thereafter on 30 June
Walse-Lutero revealed that and 31 December. The
having inherited 3,800 cases regular and continuing
with the 80 to 130 cases physical inventory of
raffled to her every month, it cases enables the judge
was impossible for her to to keep abreast of the
monitor each and every status of the pending
case. Thus, she had to rely cases and to be
on Rota to inform her of informed that everything
urgent cases. Unfortunately, in the court is in proper
Rota had been greatly order. Responsibility
remiss in her duties. The rests primarily on the
Judge raised this issue of judge and he or she
incompetence with the OCA. cannot take refuge
Walse-Lutero directed Rota behind the inefficiency
to explain why she should or mismanagement of
not be dropped from the his personnel.
service, to which Rota
replied: "ibalato mo na sa While respondent's
akin itong rating judge." domestic concerns
deserve some
Walse-Lutero explained that consideration from this
she also had to attend to her Court, such
cancer-stricken husband circumstances could
and son for years, and made only mitigate her
every effort despite these liability. Judges have
concerns to bring down the the duty to administer
caseload she inherited to justice without delay.
1900-2100 cases. Those charged with the
task of dispensing

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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."

Re: Maria Justice Cornejo had been in Assoc. Justice Cornejo Justice Cornejo's
Cristina J. government service for more is declared to have service warrants no less
Cornejo than 39 years, the last 30 suffered permanent than all the benefits that
years of which she had total disability, and the the law allows for her
A.M. No. 16-10- continuously rendered in the Court grants her the condition. Disability
05-SB judiciary. She has been on lump sum permanent retirement is
(Resolution) | Mar sick leave since June 2016 disability benefits conditioned on the
14, 2017 | and on November 2016, the provided for in Section 3 incapacity of the
Leonen, J. court found out that Justice of Republic Act No. 910, employee to continue
Cornejo is physically and as amended. his or her employment
medically incapacitated to for involuntary causes
perform her duties and such as illness or
responsibilities as accident. The social
Sandiganbayan Justice. On justice principle behind
January 2017, Justice retirement benefits also
Cornejo wrote a letter to applies to those who are
Chief Justice Maria Lourdes forced to cease from
P. A. Sereno to request the service for disabilities
approval of her optional beyond their control.
retirement and later the

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court treated her request as

one for the retirement due to
disability.

Biado v. Complainants filed an The acts of a judge in An administrative

Brawner-Cualing administrative case against his judicial capacity are complaint is not the
respondent judge for gross not subject to proper remedy for every
A.M. No. MTJ-17- ignorance of the law and disciplinary action. He act of a judge deemed
1891 (Resolution) manifest partiality. cannot be made civilly, aberrant or irregular
| Feb 15, 2017 | Complainants claim that the criminally, or where a judicial remedy
Leonen, J. respondent judge took administratively liable exists and is available.
cognizance of the case for official acts provided
despite knowing that there he acts with good faith.
existed a boundary dispute
thereby placing the property Here, what
under litigation under a complainants should
different province. have done was not to
Complainants allege that the file an administrative
respondent judge should complaint but to appeal
have first ascertained the decision of the
whether or not the property respondent judge.
was situated in Benguet and Disciplinary
not Pangasinan before proceedings and
taking cognizance of the criminal actions do not
case. Respondent judge complement, substitute,
counters that the or supplement judicial
administrative complaint remedies.
was merely a ploy by the
petitioners who failed to Complainant’s
appeal her decision. She allegations of gross
notes that the decision being ignorance and manifest
assailed by the partiality are not
complainants had long been substantiated. The
final and that the question on jurisdiction
complainants are merely was specifically
trying to stay the execution mentioned in the
of the decision. 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.

Murray v. Murray filed a Complaint Cervantes is suspended By the failure to timely

Cervantes charging Atty. Cervantes of for 1 year and 6 months. and diligently deliver on
violating Canon 18, CPR, He is ordered to return his professional
A.C. No. 5408 | alleging that sometime in the P80,000, and for undertaking (despite
Feb 7, 2017 | June 2000, she sought the every month (or having received fees),
Leonen, J. services of a lawyer to assist fraction) he fails to do as well as by his failure
in the naturalization of her so, he suffers additional to keep complainant
son Peter, a British national. 1-month suspension. abreast of relevant
Cervantes was later developments in the
introduced to her. On June purposes for which his
14, 2000, she and services were engaged,
Cervantes agreed on the

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latter's services, with Cervantes falls short of

complainant handing Canon 18, CPR.
Cervantes P80,000 as
acceptance fee. About 3 Cervantes
months passed without acknowledged his duty
Cervantes doing "anything to compensate Murray
substantial." Murray wrote for the amount of
Cervantes to inform him she P80,000 and made his
was terminating his services own commitment to
and expected that make this
Cervantes return the fees. compensation. He may
As Cervantes failed to return not have been bound by
the acceptance fee, Murray a juridical instruction,
instituted this Complaint and but he was certainly
criminal proceedings bound by his own
against Cervantes for honor. That he has
violation of Article 315(1)(b), failed to adhere to his
RPC. 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.

2016
CASE FACTS HELD DOCTRINE

In re: CA-G.R. CV An administrative complaint Respondent Atty. Mortel Atty. Mortel cannot
No. 94656 v. filed against Atty. Mortel is suspended from the excuse himself from
Mortel arose from proceedings practice of law for (1) complying with the
before the Court of Appeals. year for violating Court of Appeals' Notice
A.C. No. 10117 | The said court has directed Canons 7, 10, 11, 12, simply because he
Jul 25, 2016 | Atty. Mortel to file his clients and 18, Rules 18.03 "believed that [his
Leonen, J. briefs on numerous and 18.04 of CPR and client’s] case has long
occasions. Because of this, issued a warning been closed and
the Court of Appeals issued against similar acts in terminated.”
a resolution which the future. Respondent blindsided
suspended Atty. Mortel for 6 his client on the real
months. According to Atty. status of her case. He
Mortel, the Court of Appeals failed to diligently attend
Resolutions never reached to the legal matter
him. He interposes the entrusted to him, which
defense of "sheer lack of or is a violation of Canon
absence of knowledge,” 18.

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because the CA resolutions

went to the law firm next Gross misconduct is
door to his office, but the defined as an
same was not forwarded to "inexcusable, shameful
him. 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.

Chang v. Hidalgo Complainant filed an Court suspended the A lawyer cannot simply
administrative case against respondent lawyer for withdraw from a case
A.C. No. 6934 | respondent for not attending one year and ordered without notice to the
Apr 6, 2016 | any of the hearings of the the return of the legal client and complying
Leonen, J. collection cases for which he fees paid by the with the requirements in
was hired. Complainant complainant. A lawyer Rule 138, Section 26 of
alleges that she paid the cannot simply withdraw the Rules of Court.
respondent a total of Php without notice to the Otherwise, the lawyer
61,500 for legal services. client. will be held liable for
violating Canons 17 and
Respondent claims that he Here, respondent 18 of the Code of
did attend the hearings but simply withdrew from Professional
he presented no evidence the case and did not Responsibility.
supporting this claim nor did attend any of the
he attend any of the collection cases for
disciplinary hearings. He which he was hired. His
also claims that the claim that he did attend
complainant was a difficult the hearings is not
client and he had filed a supported by the
notice of withdrawal as evidence.
counsel because she was
stubborn and His withdrawal, without
uncooperative. 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.

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Fajardo v. Fajardo, Municipal Alvarez is suspended Alvarez violated

Alvarez Treasurer of San Leonardo, for 1 year with warning, Lawyer's Oath, Canon
Nueva Ecija, hired Atty. and is ordered to return 1, Rules 1.01 & 1.02,
A.C. No. 9018 | Alvarez to defend her in the P500,000 with legal Canon 7, and Canon
Apr 20, 2016 | criminal and adminsitrative interest. 13.
Leonen, J. cases before the
Ombudsman. Alvarez was Alvarez practiced law
then working in the Legal even if he did not sign
Section of the Nat'l Center any pleading. He was
for Mental Health. He asked given written permission
for a P1.4M acceptance fee. by the Head of the Nat'l
But Atty. Alvarez didn't enter Center for Mental
his appearance nor sign any Health. However, by
pleadings, while assuring assisting and
Fajardo that he had friends representing
connected with the Office of complainant in a suit
the Ombudsman who could against the
help dismiss her case for a Ombudsman, Alvarez
fee. Alvarez said he needed put himself in a situation
to pay P500,000 to them. of conflict of interest.
Howeevr, 2 weeks after they Alvarez is a government
talked, the Ombudsman, employee; The
issued a resolution and Ombudsman is part of
decision recommending the government.
filing of a criminal complaint
against Fajardo and her Further, in the context of
dismissal from service. this case, his
surreptitious actuations
Fajardo then demanded a reveal illicit intent. Not
return of at least a portion of only did he do
the amount she gave. unauthorized practice,
Alvarez promised to, but his acts also show
never did. Fajardo sent a badges of offering to
demand letter, but Alvarez peddle influence in the
failed to heed it. Office of the
Ombudsman.

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

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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
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.

Francisco v. Atty. Francisco filed a Respondent Atty. Flores Failure of counsel to act
Flores Complaint for forcible entry is found guilty of upon a client's case
against the Finezas, violating Canon 10, resulting in the
A.C. No. 10753 | represented by Atty. Flores. Rules 10.01 and 10.03, prescription of available
Jan 26, 2016 | The court ruled in favor of and Canon 18, Rule remedies is negligence
Leonen, J. Atty. Francisco. More than 18.03 of the Code of in violation of Canon 18
60 days elapsed from the Professional of the Code of
time that Atty. Flores and the Responsibility. Professional
Finezas had received copies Responsibility. The
of the trial court's Order, but He's meted 2 years general rule is that
Atty. Flores still filed a suspension with a notice to counsel is
Petition for Relief from warning. notice to client. This rule
Judgment. Because their remains until counsel
appeal was late, the Finezas notices the court that he
were evicted. Their personal or she is withdrawing
properties were levied upon, his or her appearance,
then sold on execution to or client informs the
settle their judgment debt. court of change of
counsel.
The Supreme Court found

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that Atty. Flores was Untruthful statements

negligent when he failed to made in pleadings filed
inform his clients on the before courts, to make it
status of the case and the appear that the
remedies available to them. pleadings are filed on
Being on a 3 month vacation time, are contrary to a
did not excuse him. Because lawyer's duty of
of this, his clients were late committing no
in filing an appeal of their falsehood.
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 the Court suspends the Ill feelings between
Balayo respondent intimidated him respondent for one litigants may exist, but
and was disrespectful and month. Whether the they should not be
A.C. No. 10605 arrogant during a mandatory statements made by the allowed to influence
(Resolution) | Feb conference before the respondent were due to counsels in their
17, 2016 | NLRC. He claims that such an outburst brought on conduct and demeanor
Leonen, J. conduct was unbecoming of by the disrespectful towards each other or
a lawyer and that he was attitude of the towards suitors in the
particularly offended complainant or was in case. As officers of the
considering that he was fact meant to intimidate court and members of
already 70 years old and him, the fact that the the bar, lawyers are
that the respondent was complainant was expected to be always
much younger than he was. already 70 years old above reproach. They
Further, complainant claims meant that the cannot indulge in
that the respondent violated respondent should have offensive personalities.
Canon 12 by influencing the been more patient in They should always be
complainant’s employer to dealing with the temperate, patient, and
renege on the compromise complainant. The courteous both in
agreement already agreed statement was ill- speech and conduct,
to and presented before the mannered and not only towards the
NLRC. unbecoming of a lawyer court but also towards
considering the did it to adverse parties and
Respondent rejects the an elderly and in front of witnesses.
allegations and claims that it co-litigants and
was the complainant who employees of the
was rude to him because he NLRC. Respondent’s
had advised his client to improper attitude and
renege on the compromise arrogance toward and
agreement because it was, elderly constitutes
in his opinion, highly conduct unbecoming of
irregular. Respondent a member of the legal
claims that it was the profession.
complainant who was
disrespectful and he merely As to the alleged
answered back after the violation of Canon 12,
persistent and disrespectful the court finds that the
remarks of the complainant. respondent was merely
performing his duties to
his client when he
advised them of the

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irregularities in the
compromise
agreement. It is the right
of every lawyer to give
proper advice to those
seeking relief.

Tuano v. People Tuano was convicted of Counsels for accused Rule 3.16, ROC,
possession of illegal drugs. are directed to show provides that “... it shall
G.R. No. 205871 The SC upheld the cause why no be the duty of the
(Resolution) | Sep conviction initially. On MR, disciplinary action counsel to inform the
28, 2016 | the SC acquitted the should be taken against court within 30 days
Leonen, J. accused for failure of the them for failing to inform after such death of the
prosecution to prove his guilt SC of accused's death fact and give the name
beyond reasonable doubt. and address of his legal
An order of release was sent representative …” This
to the Director of Bureau of provision applies to
Corrections. The director criminal actions.
informed the Court that the Regardless of the
accused died prior to the nature of the action,
issuance of the Court’s courts cannot be
decision. The Director expected to assume the
attached the death death of the party
certificate. It turns out, without the counsel's
accused died March 1, proper manifestation.
2015, but the counsels Furthermore, the rules
continued to file pleadings presume that "the
on his behalf. 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.

In Re: Ferrer The Court of Appeals found Atty. Ferrer is The incompetence of
Atty. Ferrer guilty of forum suspended from the counsel in not knowing
A.C. No. 8037 shopping for successively practice of law for 6 any better justifies the
(Resolution) | Feb filing two petitions for months for engaging in imposition of
17, 2016 | Certiorari concerning the forum shopping with a administrative liability.
Leonen, J. same case. It held that the stern warning against Atty. Ferrer violated the
withdrawal of the first repetition of the said Lawyers' Oath which
petition was "intended to act. exhorts him not to
camouflage the glaring and "wittingly or willingly
blatant irregularity promote or sue any
committed" by the groundless, false or
petitioners through their unlawful suit, nor give
counsel, Atty. Ferrer. He aid or consent to the

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alleges that the irregularity same.

committed was amended
when he withdrew the first Applying Teodoro v.
petition on the same day he Atty. Gonzales: In
filed the second petition and engaging in forum
that he acted in the best shopping, [Atty. Ferrer]
interest of his clients. Lastly, violated Canon 1 of the
he argues that there was no Code of Professional
violation of the rule against Responsibility which
forum shopping because the directs lawyers to obey
first and second petitions the laws of the land and
were not filed with one promote respect for the
tribunal - the CA, although law and legal
under different divisions. processes. He also
disregarded his duty to
assist in the speedy and
efficient administration
of justice, and the
prohibition against
unduly delaying a case
by misusing court
processes.

2015
CASE FACTS HELD DOCTRINE

Bernardino v. An administrative complaint Court was faced with The test if there is a
Santos was filed by Bernardino the issue whether Atty. conflict of interest is
against Atty. Santos alleging Santos had violated the whether or not in behalf
A.C. No. 10583 | that Atty. Santos had Code of Professional of one client, it is the
Feb 18, 2015 | falsified the death certificate Responsibility. Court lawyer’s duty to fight for
Leonen, J. of his aunt, Rufina Turla and agreed with the findings an issue or claim, but it
had used such falsified of the IBP but modified is his duty to oppose it
document to support the the penalty from a for another client.
Affidavit of Self-Adjudication suspension of 3 months Simply put, if a lawyer
executed by Mariano Turla to a suspension of 1 argues for one client,
who claimed to be the sole year. this argument will be
heir of Rufina. opposed by him when
The test if there is a he argues for another
The complainant also conflict of interest is client.
alleges that the respondent whether or not in behalf
represented conflicting of one client, it is the
interest when he filed lawyer’s duty to fight for
pleadings on behalf of Marilu an issue or claim, but it
Turla which claim that Marilu is his duty to oppose it
is the child of Rufina and for another client.
Mariano thereby Simply put, if a lawyer
contradicting the Affidavit of argues for one client,
Self-Adjudication that Atty. this argument will be
Santos himself drafted. opposed by him when
he argues for another
After investigation and client.
hearing, the Commission on
Bar Discipline of the IBP Here, the respondent

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recommended Atty. Santos would necessarily refute

be suspended for 3 months. the claim of Mariano in
The IBP found that Atty. his affidavit when he
Santos clearly represented agreed to represent
clients with conflicting Marilu. Worse, he
interests. He admitted that admitted that he was
the Affidavit of Self- aware that Mariano was
Adjudication was incorrect not the only heir.
and that Marilu was in fact
an heir of Rufina. Further, Rule 15.03, however,
when he filed pleadings on provides an exception
behalf of Marilu, she to the rule on conflict of
presented him a birth interest. A lawyer may
certificate which indicated appear on behalf of
her parents were Rufina and conflicting parties if they
Mariano. are given a full
disclosure of the facts
and the written consent
of all the parties are
obtained. In the case at
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.

Ong Lay Hin v. Ong Lay Hin was convicted Petition dismissed The general rule is that
CA of estafa before the RTC for the negligence of
failing to pay metrobank with counsel binds the client,
G.R. No. 191972 | respect to a trust receipt even mistakes in the
Jan 26, 2015 | agreement between them. application of
Leonen, J. The CA affirmed the RTC procedural rules. The
and dismissed MRs, issuing exception to the rule is
an Entry of Judgment on “when the reckless or
May 15, 2003. Almost 6 gross negligence of the
years after, Ong was counsel deprives the
arrested. Ong then filed this client of due process of
Pet'n for Certiorari, law.” For the exception

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Prohibition, and mandamus, to apply, the gross

alleging his counsel never negligence should not
received a copy of the CA's be accompanied by the
Resolution, and his client’s own negligence
counsel's negligence does or malice, considering
not bind him. 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

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.

Ramirez v. The complainant Ramirez Atty. Margallo is Atty. Margallo violated

Buhayang- alleged that he engaged suspended from the Canon 17 and Canon
Margallo Atty. Margallo's services as practice of law for two 18, Rules 18.03 and
legal counsel in a civil case years, with a stern 18.04 of the Code of
A.C. No. 10537 | before the RTC. He alleged warning against similar Professional
Feb 3, 2015 | that Atty. Margallo had acts in the future. Responsibility. She
Leonen, J. offered her legal services on failed to exhaust all
the condition that she be possible means to
given 30% of the land protect complainant
subject of the controversy Ramirez's interest,
instead of attorney's fees which is contrary to
and P1000 per court what she had sworn to
appearance. The civil case do as a member of the
reached the CA, and legal profession. The
Ramirez was directed to file person privileged to act
his Appellant’s Brief, to as counsel failed to
which Atty. Margallo said discharge her duties
she would prepare one. with the requisite
Ramirez followed up on the diligence.
status of the brief, but he
was told that there was still On the relationship
no word from the CA. between an attorney
Thereafter, Atty. Margallo and client: It is a sacred
informed Ramirez that his agency. It cannot be
Appeal had been denied. disregarded on the
Ramirez went to the Court of excuse that the lawyer
Appeals. There, he accepted the case only
discovered that the because he or she was
Appellant's Brief was filed asked by an
with a Motion for acquaintance. The
Reconsideration and professional

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Apologies for filing beyond relationship remains the

the reglementary period. same regardless of the
reasons for the
In her defense, Atty. acceptance by counsel
Margallo said that she would and regardless of
not have taken on the whether the case is
Appeal except that the highly paying or pro
mother of Ramirez had bono.
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
played with her phone and
accidentally erased all her
contacts.

Yu Kimteng v. Petitioners are the majority Respondents A disbarred lawyer’s

Young stockholders of Ruby committed indirect name cannot be part of
Industrial Corporation. The contempt of court when a firm’s name. A lawyer
G.R. No. 210554 | corporation was later they failed to remove who appears under a
Aug 5, 2015 | liquidated and respondents Revilla’s name. This firm name that contains
Leonen, J. entered their appearance as situation is not akin to a disbarred lawyer’s
the counsel of the liquidator. the retention of a name commits indirect
Petitioners filed an deceased partner’s contempt of court.
opposition against the name in the law firm’s
appearance of the name. The retention of The power to punish for
respondents citing that their the name of the contempt does not
firm name Young, Revilla, deceased partner is exhaust the scope of
Gambol, and Magat still allowed under the Code disciplinary authority of
contained the name of Atty. of Professional the Court over lawyers.
Revilla who had been Responsibility provided The Court’s power to
disbarred by the Supreme that there is an discipline lawyers is
Court in 2009. indication that said corollary to its exclusive
partner is deceased. power over admission
This opposition was This ensures that the to the Bar.
overruled and the petitioners public is not misled. In
filed a petition before the SC the case at bar, the
seeking to have retention of a disbarred
respondents cited in lawyer’s name may
contempt under Rule 71 for mislead the public into
retaining the name of Atty. believing that the lawyer
Revilla even after he was is still authorized to
disbarred. practice law. Hence,
from the time Revilla
Respondents allege that the was disbarred in 2009,
petition should be dismissed no efforts were exerted
as it constitutes forum by Young, and Magat to
shopping because the remove his name from
petitioners had earlier filed the firm name. It was
disbarment cases against only Gambol who took
them based on the same the effort to remove his
grounds. Further, they name whenever he filed
allege that the retention of pleadings. Hence,

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Atty. Revilla’s name was Young and Magat are to

merely for sentimental be fined Php 30,000 for
reasons and that they did indirect contempt of
not intend to deceive the court while the
public. They noted that the complaint is dismissed
retention of Revilla’s name is insofar as it concerns
no more misleading than Gambol.
including the names of dead
or retired partners in a law As to the allegation on
firm’s name. forum shopping, the
Court finds that the filing
of a complaint for
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.

Luna v. Galarrita Without Luna’s consent, Galarrita is suspended The Rules of Court, in
Atty. Galarrita settled Luna's for 2 years, with stern accordance with Art.
A.C. No. 10662 | case with the other party. warning, and ordered to 1878, NCC, requires
Jul 7, 2015 | Atty. Galarrita further failed return P100,000 with lawyers to secure
Leonen, J. to promptly inform his client legal interest special authority from
of his receipt of the proceeds their clients when
of the settlement, and further entering into a
refused to tum over the compromise agreement
amount received. 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

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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
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 the must refer all their legal
G.R. No. 185544 | Consulta and Gastardo for corporation's request matters to the Office of
Jan 13, 2015 | its possible assistance in for clearance to engage the Government
Leonen, J. handling the company’s 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" that
engagement as private it is allowed to engage
counsel. the services of private
counsels. Otherwise, its
The Corporation requested officials bind
for approval of the law firm’s 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

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consequently, COA denied

the Corporation’s request for
clearance in the
disbursement of funds to
pay petitioner its standing
legal fees.

Enriquez v. De Case involves an Court affirmed the In disbarment cases

Vera administrative complaint findings and involving BP 22, no
against the respondent for recommendation of the conviction is necessary
A.C. No. 8330 | issuing worthless checks IBP. The court has insofar as the
Mar 16, 2015 | and for the non-payment of a already ruled in administrative or civil
Leonen, J. loan. Complainant alleges previous cases that the case or the disbarment
that she loaned the issuance of worthless case is concerned. The
respondent Php 500K with checks by a lawyer issuance of the
interest of Php 20K per constitutes serious bouncing check in
month until fully paid. misconduct. No violation of BP 22
Respondent issued checks conviction for a violation constitutes serious
in payment of the debt but of BP 22 is needed. misconduct on the part
these were dishonored. Misconduct involves a of a member of the Bar.
Complainant thus filed a “wrongful intention and
complaint for violation of BP not a mere error of
22. The QC Prosecutor judgment”. It becomes
found probable cause and serious when it is
an information was filed flagrant.
before the RTC of QC.
In the case at bar,
Respondent presents a respondent admitted
different version. She issuing the checks to
alleges that the checks she the complainant and
had issued were merely refused to answer for
“show checks” as a guaranty her liabilities by denying
for the construction of cell the existence of the loan
sites – a project undertaken and claiming that the
by the complainant as part of checks were “show
her business. The checks, checks”. However, she
according to respondent, failed to present any
were not meant to be evidence to prove such
deposited. Further, the allegations. Further, it is
respondent notes that the contrary to ordinary
criminal complaint filed human experience that
against her was under she would just “lend” the
reinvestigation. checks to the
complainant
IBP, after due investigation, considering the value
recommended that the stated therein. As a
respondent be suspended lawyer, the respondent
for one year. is presumed to know
laws such as BP 22 and
the consequences for
violating said laws.

Pitogo v. Suello Atty. Suello notarized the Suello is suspended for Notarial acts give
documents for the 3 months, with stern private documents a
A.C. No. 10695 | registration of Pitogo's warning; his notarial badge of authenticity
motorcycle, which Pitogo commission is revoked that the public relies on

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Mar 18, 2015 | bought from Emcor, Inc. and he is disqualified when they encounter
Leonen, J. Pitogo obrtained a copy of from being written documents and
the LTO documents and commissioned as engage in written
went to Suello's office for notary public for 1 year transactions. Hence, all
certification, as the notaries public are duty-
documents were important bound to protect the
in his pending civil case integrity of notarial acts
against Emcor, Inc. by ensuring that they
However, Suello ignored perform their duties with
Pitogo's request and instead utmost care.
ordered his secretary to give
Pitogo a copy of his notarial When Suello negligently
register. Suello negligently failed to enter the
failed to enter the details of details of the three (3)
the 3 documents on his documents on his
notarial register. Upon notarial register, he cast
noticing the discrepancies doubt on the
between the notarized authenticity of
documents and the entries complainant’s
in the notarial register, documents. He also
Pitogo filed the present cast doubt on the
Affidavit-Complaint against credibility of the notarial
Suello. Suello alleged that register and the notarial
he certified the copies as process. He violated not
true copies and later blamed only the Notarial Rules
his secretary, claiming it was but also the CPR, which
the secretary who certified requires lawyers to
the documents. 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.

Intestate Estate Maghari is charged with the Atty. Pacifico M. The Court found that
of Jose Uy v. use of information that is Maghari, III, having Maghari knowingly and

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Maghari false and/or appropriated clearly violated his repeatedly violated

from other lawyers in signing Lawyer's Oath and the clear legal
A.C. No. 10525 | certain pleadings. Due to Canons of the Code of requirements, and
Sept 1, 2015 | inconsistencies in the Professional indicated false
Leonen, J. Motions filed by Maghari, the Responsibility (Canons information. There was
opposing counsel in a case 1, 8, 10, 11, 17 and 18) a pattern of deceit in his
he was handling was through his unlawful, behavior. The
prompted to check the dishonest, and deceitful information he used
records of the case. Upon conduct, is was shown to have
doing so, he learned that SUSPENDED from the been appropriated from
since 2010, Maghari had practice of law for 2 another lawyer. Not only
been changing the years. was he deceitful; he
professional details was also larcenous.
indicated in the pleadings he Further, his act not only
has signed and has been of usurping another
copying the professional lawyer's details but also
details of one Atty. Natu-El. of his repeatedly
Maghari does not deny the changing information
existence of the errant from one pleading to
entries indicated by Uy’s another demonstrates
counsel. However, Maghari the intent to mock and
insists that he did not incur ridicule courts and legal
disciplinary liability. He processes.
claims that these entries
were mere overlooked
errors.

Anudon v. Cefra Complainants owned a Court affirmed the Whoever acts as a

4,446 sq. meter parcel of findings of the IBP but Notary Public must
A.C. No. 5482 | land found in Pangasinan. amended the penalty. ensure that the parties
Feb 10, 2015 | Respondent later notarized executing the document
Leonen, J. a deed of absolute sale over The notarization of are present before him.
said land despite the fact documents ensures the The absence of the
that the complainants were authenticity and parties means that the
unaware of the contents of reliability of a document. document cannot be
the deed and were not The Rules on Notarial acknowledged and the
present when the deed was Practice require that notarization of a
notarized. acknowledgements document in the
require the affiant to absence of the parties is
After due investigation by appear in person before a breach of duty.
the NBI, it concluded that the the notary public.
signatures on the deed of Without the physical
sale were forged. presence of the affiant,
Complainants thus filed an the notary public will not
administrative complaint be able to properly
against the respondent for execute his or her duty
violating the Notarial Law under the law. Any
and the Code of transgression on the
Professional Responsibility. rules of notarial practice
sacrifices the integrity of
SC ordered the respondent notarized documents.
to comment on the
complaint. Respondent In the case at bar, the
failed to comment despite respondent cannot
filing repeated motions for claim as a defense the
extension and it was only desire of the

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after he was ordered complainants to sell the

arrested by the court did the land. Even if this were
respondent file his true, the vendors were
comment. not able to review the
contents of the
In his comment, respondent document given for
alleged that as the distant notarization. It is
relative of the complainants, possible that the terms
he was aware that the and conditions stated in
complainants wanted to sell the document were not
the land. Hence, when favorable to the
complainant’s son vendors. In addition, the
presented him with the deed possibility of forgery
of absolute sale, he became real.
assumed that complainants
were aware of its contents Finally, respondent also
despite being absent when violated the Code of
he notarized it. However, Professional
respondent also confessed Responsibility when he
that it was the complainants contumaciously refused
son who forged the to file his comment to
signatures on the document. 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

Chua Keng Sin v. Chua Keng Sin and his Mangente is suspended Mangente is guilty of
Judge Mangente brother separately filed their for 6 months, with gross ignorance of the
complaints for slight physical warning law. Judges are to be
A.M. No. MTJ-15- injuries against each other reminded that it is the
1851 | Feb 11, before the Lupon of height of incompetence
2015 | Leonen, J. Barangay Bangkulasi, to dispense cases
Navotas. Chua Keng Sin callously and in utter
filed his earlier than his disregard of procedural
brother. When the brother rules. Whether the
learned that his Complaint resort to shortcuts is
would be treated as a borne out of ignorance
counterclaim, he decided to or convenience is
file a Complaint for immaterial. Judges took
attempted murder instead an oath to dispense
before the Office of the City their duties with
Prosecutor of Navotas. Asst. competence and
City Prosecutor integrity; to fall short
recommended both brothers would be a disservice
be charged with slight not only to the entire
physical injuries. judicial system, but

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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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