Ethics Compiled

Page |1 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

TABLE OF CONTENTS

ATTY. GEORGE C. BRIONES V. ATTY. JACINTO D. JIMENEZ...................1 FERNANDO MARTIN O. PEÑA V. ATTY. LOLITO G. APARICIO................1 GEORGE C. SOLATAN V. ATTYS. OSCAR A. INOCENTES AND JOSE C. CAMANO.........................................................................................2 RE: LETTER OF THE UP LAW FACULTY ENTITLED RESTORING INTEGRITY: A STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION MISREPRESENTATION IN THE SUPREME COURT.......3 COURT..... ..3 RE: LETTER OF THE UP LAW FACULTY ENTITLED “RESTORING INTEGRITY: A STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION IN THE SUPREME COURT” ....4 TERESITA D. SANTECO V. ATTY. LUNA B. AVANCE..............................6 ATTY. JOSABETH B. ALONSO AND SHALIMAR P. LAZATIN V. ATTY. IBARO B. RELAMIDA, JR....................................................................7 CARLOS REYES V. ATTY. JEREMIAS R.VITAN.......................................8 LUZVIMINDA R. LUSTESTICA VS. ATTY. SERGIO E. BERNABE...............9  JUAN PABLO P. BONDOC BONDOC V. V. JUDGE JUDGE DIVINA DIVINA LUZ LUZ P. AQUI AQUINO-SI NO-SIMBULA MBULAN N ....................................................................................................10 MANUEL C. YUHICO V. ATTY. FRED L. GUTIERREZ............................13 OFELIA R. SOMOSOT V. ATTY. GERADO F. LARA...............................14 WILSON CHAM V. ATTY. EVA PAITA-MOYA.......................................15 HEIRS OF BOBADILLA V. JAIME CASTILLO........................................16 LETTER OF CECILIO Y. AREVALO, JR., REQUESTING EXEMPTION FROM PAYMENT OF IBP DUES..................................................................17

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Page |2 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

RODANTE D. MARCOLETA V. RESURRECCION Z. BORRA AND ROMEO A. BRAWNER.....................................................................................18 ERLINDA R. TAROG V. ATTY. ROMULO L. RICAFORT..........................20 SAN JOSE HOMEOWNERS ASSOCIATION V. ATTY. ROBERTO B. ROMANILLOS................................................................................23 RE: REPORT ON THE FINANCIAL AUDIT OF THE BOOKS OF ATTY. RAQUEL G. KHO.............................................................................25 ATTY. EVELYN J. MAGNO V. ATTY. OLIVIA VELASCO-JACOBA.............25 BENILDA M. MADDELA V. ATTY. ROSALIE DALLONG-GALICINAO........26 XERXES A. ABADIANO V. SPOUSES JESUS AND LOLITA MARTIR.........28

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Page |1 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

 ATTY. GEOR GEORGE GE C. C. BRIONES BRIONES v. ATTY. JACINT JACINTO O D. JIME JIMENEZ NEZ  A.C. No. No. 6691, 27 April 2007, THIRD THIRD DIVISION DIVISION (Austri (Austria-Marti a-Martinez, nez, J   J .) .)  Atty. Briones is the Special Admini Administrator strator of the Estate of Luz J. Henson while Atty. Jacinto D. Jimenez is the counsel counsel for the Heirs of Henson. After the probate proceedings, proceedings, the RTC issued issued an order directing Jimenez to deliver the residue of the estate to the Heirs in proportion to their shares. Atty Briones refused to deliver the estate. Consequently, Atty. Jimenez and the Heirs filed a criminal complaint and executed an affidavit against agai nst Atty Briones Briones for resisting resisting and seriously seriously disobeying disobeying the RTC Order. Atty. Briones Briones filed an administrative complaint against Atty. Jimenez for forum shopping and violation of Canons 19 and 12 of the Code of Professional Professional Responsibility. Responsibility. Respon Respondent dent claims that he acted in good faith and in fact, did not  violate Rule Rule 19.01 because because he assisted the Heirs Heirs in filing the criminal criminal complaint complaint against against herein complainan complainantt after the latter ignored the demand letters sent to him; and that a lawyer owes his client the exercise of  utmost prudence and capability.

ISSUE: Whether or not Atty Jimenez violated Canons 19 and 12 of the Code of Professional Responsibility  HEL ELD: D: A lawy lawyer er mu must st re repr pres esen entt his his cl clie ient nt wi with th ze zeal al,, how howev ever er,, the the pe perf rfor orma manc nce e of of his his duties towards his clients must be within the bounds of law. The Court agrees with the OBC that respondent is not guilty of forum shopping. Records show that respondent, as counsel for the heirs of the late Luz J. Henson, filed a special civil action docketed as CA-G.R. SP No. 70349 assailing the Order of March 12, 2002 appointing the accounting firm of Alba, Romeo and Co. as auditor; and, a regular appeal docketed as CA-G.R. SP No. 71488 assailing the Order of April 3, 2002, insofar as it directed the payment of commission to complainant. It is evident that there is identity of  parties but different causes of action and reliefs sought. Hence, respondent is not guilty of forum shopping There is sufficient ground in support of complainant’s claim that respondent violated Rule 19.01 of  the Code of Professional Professional Respon Responsibility. sibility. Considering Considering that complainant did not reply to the demand letters, respondent opted to file said criminal complaint in behalf of his clients for refusal to obey the lawful order of  the court. Canon 19 of the Code of Professional Responsibility enjoins a lawyer to represent his client with zeal. However, the same Canon provides that a lawyer’s performance of his duties towards his client must be  within the bounds of the law. Rule 19.01 of the same Canon requires, among others, that a lawyer shall employ only fair and honest means to attain the lawful objectives of his client. Canon 15, Rule 15.07 also obliges lawyers to impress upon their clients compliance with the laws and the principle of fairness. To permit lawyers to resort to unscrupulous practices for the protection of the supposed rights of their clients is to defeat one of the purposes of the state – the administration of justice. While lawyers owe their entire devotion to the interest of their clients and zeal in the defense of their client’s right, they should not forget that they are, first and foremos foremost, t, officers of the court, bound to exert every effort to assist in the speedy and efficient administration of justice.

FERNANDO MARTIN O. PEÑA v. ATTY. LOLITO G. APARICIO  A.C. No. No. 7298, 25 June 2007, SECOND SECOND DIVISION DIVISION (Velasco (Velasco,, Jr., J  Jr., J .) .)  Aparicio is legal counsel for Hufana in an illegal dismissal case filed with the NLRC against Pena.

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Page |2 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

of this Pena filed the administrative proceeding against Aparicio with the IBP for violation of Canon 19, specifically rule 19.01. IBP dismissed the complaint because Pena failed to file his position paper and certification against forum shopping. Aparicio filed an MR reiterating his claim for damages against Pena (defamation) in the amount of 400M.

ISSUE: 1) Whether or or not the dismissal dismissal of the IBP for foreign foreign shopping shopping constitutes constitutes a bar in the Administrativ Administrativee proceedings 2) Whether or not Atty Aparicio Aparicio violated Canon 19

HEL ELD: D:

A law lawye yerr sha shall ll re repr pres esen entt hi hiss cli clien entt wit with h zea zeall wit withi hin n the the bo boun unds ds of th the e law law..

1) The rule requiring a certification of forum shopping to accompany every initiatory pleading, should not be interpreted with such absolute literalness as to subvert its own ultimate and legitimate objective or the goal of all rules of procedure—which is to achieve substantial justice as expeditiously as possible. At any rate, complainant's subsequent compliance with the requirement cured the supposed defect in the original complaint. 2) Canon 19 of the Code of Professional Responsibility states that "a lawyer shall represent his client  with zeal within within the bounds bounds of the law," law," reminding reminding legal legal practitioners practitioners that a lawyer's lawyer's duty is is not to his client client  but to the administration administration of justice; to that end, his client's success success is wholly subordinate; and his conduct ought to and must always be scrupu scrupulously lously observant observant of law and ethics.In particular, Rule 19.01 commands that a "lawyer shall employ only fair and honest means means to attain the lawful objectives objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage advantage in any case or proceeding." Under this Rule, a lawyer should not file or threaten t hreaten to file any unfounded or baseless criminal case or cases against the adversaries of his client designed to secure a leverage to compel the adversaries to yield or withdraw their own cases against the lawyer's client. Blackmail is "the extortion of money from a person by threats of accusation or exposure or opposition in the public prints,…obtaining of value from a person as a condition of refraining from making an accusation against him, or disclosing some secret calculated to operate to his prejudice." In common parlance and in general acceptation, it is equivalent to and synonymous with extortion, the exaction of  money either for the performance of a duty, the prevention of an injury, or the exercise of an influence. Not infrequently, it is extorted by threats, or by operating on the fears or the credulity, or by promises to conceal or offers to expose the weaknesses, the follies, or the crime of the victim. Through his letter, he threatened complainant that should the latter fail to pay the amounts they  propose as settlement, he would file and claim bigger amounts including moral damages, as well as multiple charges such as tax evasion evasion,, falsification of documents, and cancellation of business license to operate due to violations of laws. The threats are not only unethical for violating Canon 19, but they also amount to  blackmail.  blackmai l.

GEORGE C. SOLATAN v. ATTYS. OSCAR A. INOCENTES and JOSE C. CAMANO  A.C. No. No. 6504, 9 August August 2005, SECOND SECOND DIVISION (Tinga (Tinga,,  J .) .)  Atty. Jose A. Camano was an associa associate te in the firm of Atty. Oscar Inocen Inocentes. tes. The Oscar Inocentes and Associates Law Office was retained by spouses Genito, owners of an apartment complex when the Genito Apartments were placed under sequestration by the PCGG. They represented the spouses Genito  before the PCGG and the Sandiganbayan and in ejectment ejectment cases against non-paying non-paying tenants occupying occupying the

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Page |3 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

execution of a new lease contract by virtue of which he would be the new lessee of the apartment. Atty. Inocentes referred him to Atty. Camano, the attorney in charge of ejectment cases against tenants of the Genito Apartments. During the meeting with Atty. Camano, an verbal agreement was made in which complainant agreed to pay the entire judgment debt of his sister, including awarded attorney’s fees and costs of suit. Complainant issued a check in the name of Atty. Camano representing half of the attorney’s fees. Complainant failed to make any other payment. The sheriff in coordination with Atty. Camano enforced the writ of execution and levied the properties found in the subject apartment. Complainant renegotiated renego tiated and Atty. Camano agreed to release the levied properties and allow complainant to remain at the apartment. Acting on Atty. Camano’s advice, complainant presented an affidavit of ownership to the sheriff who released the levied items. However, a gas stove was not returned to the complainant but was kept by Atty. Camano in the unit of the Genito Apartments where he was temporarily staying. Complainant filed the instant administrative case for disbarment against Atty. Camano and Atty. Inocentes. The IBP Board of Governors resolved to suspend Atty. Camano from the practice of law for 1 year and to reprimand Atty. Inocentes for exercising command responsibility.

ISSUE: 1) Whether or not Atty. Camano Camano violated violated the Code Code of Profess Professional ional Respons Responsibility  ibility  2) Whether or not Atty. Atty. Inocentes Inocentes violated the Code of Professional Professional Respon Responsibility  sibility 

HEL ELD D: clients.

Alll lawy Al lawyer erss must must obs obser erve ve loy loyal altty in all all tra trans nsac acti tio ons and and dea deali ling ngss with with th thei eirr

 An attorney has no right to act as couns counsel el or legal representa representative tive for a person withou withoutt being retained. No employment relation was offered or accepted in the instant case. Canon 15 of the Code of Professional Responsibility requires all lawyers to observe loyalty in all transactions and dealings with their clients. Unquestionably, an attorney giving legal advice to a party with an interest conflicting with that of his client may be held guilty of disloyalty. However, the advice given by   Atty. Camano in the context where the complai complainant nant was the rightful owner of the incorrec incorrectly tly levied properties was in consonance with his duty as an officer of the court. It should not be construed as being in conflict with the interest of the spouses Genito as they have no interest over the properties. The act of  informing complainant that his properties would be returned upon showing proof of his ownership may hint at infidelity to his clients but lacks the essence of double dealing and betrayal. 2. Atty. Inocentes’ Inocentes’ failure to exercise exercise certain certain responsibilities responsibilities over over matters under the charge charge of his law firm is a blameworthy shortcoming. As name practitioner of the law office, Atty. Inocentes is tasked with the responsibility responsibility to make reasonable reasonable efforts to ensure that all lawyers in the firm should act in confor conformity  mity  to the Code of Professional Responsibility.  Atty. Inocen Inocentes tes received periodic reports from Atty. Camano on the latter’s dealings with complainant. This is the linchpin of his supervisory capacity over Atty. Camano and liability by virtue thereof. Partners and practitioners who hold supervisory capacities are legally responsible to exert ordinary  diligence in apprising themselves of the comings and goings of the cases handled by persons over which they  are exercising supervisory authority and in exerting necessary efforts to foreclose violations of the Code of  Professional Responsibility by persons under their charge.

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Page |4 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

Last Mar Last March ch 8, 2011 on A.M. No. 10-10-410-10-4-SC, SC, the Supreme Supreme Court Court remi reminded nded Univers University ity of the Philippines (UP) law professors Tristan A. Catindig and Carina C. Laforteza and 35 other faculty members of  the UP College of Law, as well as admonishing Dean Marvic Leonen for vio, “Restoring Integrity,” a scathing manifes mani festo to call calling ing for SC Asso Associat ciatee Just Justice ice Mar Marian iano o del Cast Castillo illo’s ’s resi resignat gnation ion for the latte latter’s r’s alleg alleged ed plagi pla giari arism sm on hi hiss dec decis isio ion n on the case of  Vi Vinu nuya, ya, et al . v. Exec Executi utive ve Sec Secret retary ary (G. (G.R. R. No. 1622 162230) 30) promulgated last April 28, 2010. Consequently, Motion for Reconsideration Reconsideration was filed by Catindig and Laforteza and a manifestation filed by Dean Marvic M.V.F. Leonen and Prof. Theodore O. Te, relying on the ground that the proceeding,  while docketed as an adminis administrative trative matter, is premise premised d on a finding of indirect contempt and that they   were not not accorded accorded due process under indirect indirect contem contempt pt proceedings. proceedings.

ISSUE: Whether or not SC erred in finding that the respondents are in breach of their ethical obligations for having issued the restoring integrity statement

HELD: Contumacious speech and/or behaviour directed against the Court on the part of a lawyer may be punishable either as contempt or an ethical violation, or both in the discretion of the Court. The petition was denied for No substantial arguments to warrant a reconsideration of the Decision dated March 8, 2011 nor to justify the grant of the reliefs prayed for in their motion. The Manifestation, apart apa rt fro from m bei being ng an exp expre ress ssio ion n of su suppo pport rt fo forr Pr Prof ofess essor orss Cat Catin indig dig an and d La Lafo forte rteza za’s ’s mo motio tion n fo forr reconsideration, did not raise any new matter nor pray for any affirmative relief, the Court resolves to merely note the same. Contumacious speech or conduct directed against a court or judicial officer, if committed by a member mem ber of the Bar, subject subject the offe offender nder to disc discipli iplinar nary y proc proceedi eedings ngs under the Code of Prof Professi essiona onall Responsibility, which prescribes that lawyers observe and promote due respect for the courts. In such discipli disc iplinary nary case cases, s, the san sanctio ctions ns are not pena penall but admi adminis nistrati trative ve suc such h as, disb disbarme arment, nt, sus suspens pension ion,, reprimand or admonition. Contumacious speech and/or behaviour directed against the Court on the part of  a lawyer may be punishable either as contempt or an ethical violation, or both in the discretion of the Court.  When the Court Court initiates contempt contempt proceeding proceedingss and/or disciplinary disciplinary proceedin proceedings gs against against lawyers for intemperate and discourteous language and behaviour directed at the courts, the evil sought to be prevented is the same – the degradation of the courts and the loss of trust in the administration of justice. Verily, when the Court chooses to institute an administrative case against a respondent lawyer, the mere citation or discuss disc ussion ion in the orde orders rs or deci decisio sion n in the admi adminis nistrati trative ve case of juri jurispru sprudenc dencee inv involvi olving ng con contemp temptt proceedings does not transform the action from a disciplinary proceeding to one for contempt. Had this Court opted to cite respondents for contempt of court, which is punishable by imprisonment or fine, this Court would have initiated contempt proceedings in accordance with the Rules of Court.

RE: LETTER LETTER OF THE UP UP LAW FACULTY ENTITLED “RESTORING INTEGRITY: A  STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION IN THE SUPREME COURT”  A.M. NO. 10-10-4-SC, 10-10-4-SC, 8 MARCH MARCH 2011, EN 2011, EN BANC  BANC (Leonardo-De (Leonardo-De Castro, J  Castro, J .) .) SC Justice Mariano Del Castillo rendered a decision in Vinuya, et al  v. Executive Secretary (G.R.

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Page |5 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

J. Ta Tams ms’’ bo book  ok  Enforcing  Enforcing Erga Omnes Obligati Obligations ons in Intern International ational Law Law;; and (3) Mar Mark k Elli Ellis’ s’ arti article cle “Breaking the Silence: On Rape as an International Crime. Such supplemental motion for reconsideration appeared on internet sites. Thereafter, a statement entitled “Restoring Integrity: A Statement by the Faculty of the University  of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentation in the Supreme Court” was submitted by Dean Marvic M.V.F. Leone to the Court through Chief Justice Renato C. Corona. The statement basically conveys that the plagiarism committed in the case of Vinuya v Executive Secretary is unacceptable, unethical and in breach of the high standards of moral conduct and judicial and professional competence expected of the Supreme Court. (See attachment for complete text of the statement). The SC Ethics Committee referred this matter to the Court en banc. The high court said the UP law professors’ statement was evidently intended to “discredit” its April 28 decision on the Vinuya et al. v the Executive Secretary et al. case. It claimed that the law faculty wanted to “undermine the court’s honesty, integrity and competence in addressing” the motion for reconsideration of 70 “comfort women.”  Accordingly, the Court directed the 37 UP law faculty-signatories to show cause, within ten (10)  Accordingly, days from receipt why they should not be disciplined as members of the Bar for violation of Canons 1, 11 and 13 and Rules 1.02 and 11.05 of the Code of Professional Responsibility.

ISSUE: Whether or not respondents should be disciplined as Members of the Bar under the Code of  Professional Responsibility 

HELD: HELD: All lawyer lawyers, s, wheth whether er they are judges, court emplo employees, yees, profess professors ors or privat private e prac pr acti titi tion oner ers, s, ar are e of offi fice cers rs of th the e Co Cour urtt an and d ha have ve vo volu lunt ntar aril ilyy ta take ken n an oa oath th,, as an indispen indi spensab sable le qual qualific ificatio ation n for adm admissi ission on to the Bar Bar,, to con conduc ductt the themse mselve lvess wit with h goo good d fidelity towards the courts. The administrative matter is decided by reminding the Thirty-five UP professors of their duty as officers of the court while Dean Marvic M.V.F. Leonen was admonished to be more mindful of his duty, as a member of the Bar, an officer of the Court, and a Dean and professor of law, to observe full candor and honesty in his dealings with the Court and warned that the same or similar act in the future shall be dealt  with more more severely. severely.  While a lawyer is entitled to present his case with vigor and courage courage,, such enthus enthusiasm iasm does not  justify the use of offensi offensive ve and abusive language. language. Language abounds abounds with countless possibilities possibilities for one to  be emphatic emphatic but but respectful, respectful, convincin convincing g but not not derogatory, derogatory, illuminatin illuminating g but not not offensive. offensive. The Code of Professional Responsibility mandates: CANON 1 — A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law  and legal processes.

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Page |6 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

 What responde respondent nt seems unawar unawaree of is that freedom of speech and of expressio expression, n, like all constitutional freedoms, is not absolute and that freedom of expression needs on occasion to be adjusted to and accommodated with the requirements of equally important public interest. One of these fundamental public publ ic inte interes rests ts is the main maintena tenance nce of the inte integri grity ty and orde orderly rly fun functio ctionin ning g of the administra administration tion of   justice.. There is no antinom  justice antinomy y between free expressi expression on and the integrity of the system of adminis administering tering  justice.. For the protection and mainten  justice maintenance ance of freedom of expressi expression on itself can be secured only within the context of a functioning and orderly system of dispensing justice, within the context, in other words, of   viable independent institutions for delivery of justice which are accepted by the general community. The Show Cause Resolution does not interfere with respondents’ academic freedom. Even if the Court was willing to accept respondents’ proposition in the Common Compliance that their issuance of the Statement was in keeping with their duty to “participate in the development of the legal system by initiating or supporting efforts in law reform and in the improvement of the administration of   justice”” under Canon  justice C anon 4 of the Code of Professi Professional onal Responsibility, Responsibility, we cannot agree that they have fulfilled that same duty in keeping with the demands of Canons 1, 11 and 13 to give due respect to legal processes and the courts, and to avoid conduct conduct that tends to influence the courts. Members of the Bar cannot be selectiv selectivee regarding which canons to abide by given particular situations. With more reason that law professors are not allowed this indulgence, since they are expected to provide their students exemplars of the Code of  Professional Responsibility as a whole and not just their preferred portions thereof. The Court finds that there was indeed a lack of observance of fidelity and due respect to the Court, particularly when respondents knew fully well that the matter of plagiaris particularly plagiarism m in the Vinuya decision and the merits of the Vinuya decision itself, at the time of the Statement’s issuance, were still both sub judice or pending final disposition of the Court.

TERESITA D. SANTECO v. ATTY. LUNA B. AVANCE  A.C. 5834, 5834, 22 February February 2011, 2011, EN  EN BANC  BANC (( Per Curiam) Curiam)  An adminis administrative trative complai complaint nt was filed by Teresita D. Santeco agains againstt responde respondent nt Atty. Luna B.  Avance for for mishandling mishandling Civil Case No. 97-275, 97-275, which was filed before the RTC RTC of Makati City. The result of  such administrative complaint was the suspension of Avance from the practice of law for five years and ordered to return P3,900 to her client after she was found guilty of gross misconduct for abandoning her clien cli entt in bad fa faith ith and per persis sisten tentt ref refus usal al to co compl mply y wit with h law lawfu full or order derss dir direct ected ed at her wi witho thout ut an any  y  explanation for doing so. However, while still suspended, Avance appeared in three cases as “Atty. Liezl Tanglao” as stated in a letter-report of Judge Consuelo Amog-Bocar, presiding Judge of the RTC of Iba, Zambales. In a resolution, the Court ordered Avance to comment on said letter-report. However, she failed to do so. The Court then

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Page |7 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

despite receipt of two Resolutions form this Court. Neither did she pay the P30,000 fine imposed in the Resolution. In repeatedly disobeying this Court’s orders, respondent proved herself unworthy of membership in the Philippine Bar. Worse, she remains indifferent to the need to reform herself. Clearly, she is unfit to discharge the duties of an officer of the court and deserves the ultimate penalty of disbarment.

 ATTY.. JOSABETH  ATTY JOSABETH B. ALONSO ALONSO and and SHALIMAR SHALIMAR P. LAZATIN LAZATIN v. ATTY. ATTY. IBARO IBARO B. RELAM RELAMIDA, IDA, JR.  A.C. No. No. 8481, 3 August August 2010, EN 2010, EN BANC  BANC (Peralta, (Peralta, J   J .) .) Jennifer Ebanen filed a complaint for illegal dismissal against Servier Philippines in the NLRC. The labor Arbiter ruled in favor of Servier, stating that Ebanen voluntarily resigned. Ebanen appealed to the NLRC which only affirmed the appealed decision. Ebanen then filed for reconsideration but was denied. The case eventually reached the Supreme Court. The Court’s Resolution has already become final and executory; thus, a corresponding Entry of Judgment has been issued dismissing the petition and holding that there was no illegal dismissal. However, despite the judgment, Ebanen through Atty. Relamida, Jr. filed a second complaint for illegal dismissal dismissal based on the same cause of action of constructive constructive dismissal against Servier. Thus, Servier, thru counsel, filed a letter-complaint addressed to the then Chief Justice Hilario Davide, Jr., praying that respondents be disciplinary sanctioned for violation of the rules on forum shopping and res judicata. Respondents admitted the filing of the second complaint against Servier. However, they opined that the dismissall did not amount to res judicata dismissa judicata,, since the decisio decision n was null and void for lack of due process since the motion for the issuance of subpoena duces tecum for the production of vital documents filed by the complainant was ignored by the Labor Arbiter.

ISSUE: Whether or not respondent is guilty of forum shopping and res judicata thus violating Canon 12 of  the Code of Professional Responsibility 

HEL ELD: D: A law lawye yerr owe owess fid fidel elit ityy to to the the ca caus use e of of his his cl clie ient nt,, but but no nott at at the the ex expe pens nse e of of tru truth th and the administration of justice. During the IBP hearing, it was manifested that Ebanen is not a lawyer but the daughter of Atty.  Aurelio the senior partner in a law firm where Atty. Relami Relamida da is employe employed d as associa associate te lawyer. The latter then reasoned out that as a courtesy to Atty. Aurelio and Ebanen, he had no choice but to represent the latter.

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Page |8 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

The filing of another action concerning the same subject matter, in violation of the doctrine of res  judicata,, runs contrary to Canon 12 of the Code of Professi  judicata Professional onal Responsibility, Responsibility, which requires a lawyer to exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. By  his actuations, respondent also violated Rule 12.02 and Rule 12.04 of the Code, as well as a lawyer’s mandate "to delay no man for money or malice."

CARLOS REYES v. ATTY. JEREMIAS R.VITAN  A.C. No. No. 5835, 5835, 18 August August 2010, EN BANC (Nachura, J .) .) Four (4) administrative cases were filed against Atty. Jeremias R. Vitan, in each of which he was found guilty guilty and meted the penalty of suspension suspension from the practice of law. All the four cases against him involved grave issues of dishonesty and deceit. Recidivism or habitual delinquency was patent. The 4 offenses deserved disbarment as a final penalty. Yet, the Court contented itself with mere suspensions. In the first case, A.C. No. 6441, (Violeta R. Tahaw v. Atty. Jeremias R. Vitan), promulgated on October 21, 2004, Atty. Vitan was suspended for six (6)months, effective immediately upon receipt of the Decision. He was further ordered to return the amount of P30,000 to complainant for legal services he did not render. The records disclose that respondent received the Decision on November 12, 2004 and the period of suspension would have ended on May 12, 2005. In A.C. No. 5835, (Carlos B. Reyes v. Atty. Jeremias R. Vitan), promulgated on April 15, 2005, Atty.  Vitan was suspended for six (6) months; and ordered to pay complainant complainant P17,000.00 with interest of 12% per annum from the date of the promulgation of the Decision until the full amount shall have been returned. Per records, the Court’s decision was received by him on May 13, 2005, and his suspension would have ended on November 13, 2005. In A.C. No. 6955 (Mar Yuson v. Atty. Jeremias R. Vitan), promulgated on July 27, 2006, respondent  was found liable for his failure to pay a just debt in the amount of P100,000. P100,000.00. 00. Upon investi investigation, gation, the Integrated Bar of the Philippines (IBP) imposed the penalty of Suspension for two (2) years. This was modified by the Court after finding that there was partial payment of the loan, and the penalty was reduced to six (6) months suspension with warning, effective upon receipt of the Decision. In a Motion to Lift Order of Suspension, respondent moved for the reconsideration of the decision, asserting that there was full payment of the loan. The motion was denied in the Resolution dated March 6, 2007. In the decisio decision n in the fourth case, A.C. No. 6051, (Celia Arroyo-Pesidio v. Atty. Jeremias R. Vitan), promulgated on April 2, 2007, respondent was found to have failed to render the legal services sought after he had received the amount of P100,000, and was once again, suspended for one (1) year, with stern  warning.  warnin g. The Decisio Decisio eived on on April 18, 18, 2007, so the suspension suspension period should should have have lapsed on on April

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Page |9 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

hesitate to withhold the privilege of the practice of law if it is shown that respondent, as an officer of the Court, is still not worthy of the trust and confidence of his clients and of the public. Thus, apply Thus, applying ing the gui guidelin delines es in Man Maniag iago, o, the Cou Court rt Res Resolv olved ed to GRA GRANT NT Res Respon pondent dent’s ’s Peti Petitio tion n for Reinstatement, effective upon his submission to the Court of a Sworn Statement attesting to the fact: 1) that he has completely served the four (4) suspensions imposed on him successively; 2) that he had desisted from the practice of law, and has not appeared as counsel in any  court during the periods of suspension, as follows: (a) Six (6) months suspension in A.C. No. 5835 from May 13, 2005 to November 13, 2005; (b) One (1) year suspension in A.C. No. 6051 from April 18, 2007 to April 18, 2008; (c) Six (6) months suspension in A.C. No. 6441 from November 12, 2004 to May 12, 2005; and (d) Six (6) months suspension in A.C. No. 6955 from date of receipt of the Resolution dated March 6, 2007 denying the Motion for Reconsideration of the Decision dated July 27, 2006. 3) that he has returned the sums of money to the complainants as ordered by the Court in the following cases, attaching proofs thereof: (a) In A.C. No. 5835 – the sum of P17,000 with interest of 12% per annum from the date of promulg promulgation ation of the Decision Decision until the full amount amount shall have  been returned; returned; and (b) In A.C. No. 6441 – the amount of P30,000.  Atty. Jeremia Jeremiass R. Vitan is further directed to FURNIS FURNISH H copies of the Sworn Statemen Statementt to the Integrated Bar of the Philippines and Executive Judge(s), as mandated in Maniago.

LUZVIMINDA R. LUSTESTICA vs. ATTY. SERGIO E. BERNABE  A.C. No. No. 6258, 24 August August 2010, 2010, EN BANC  BANC (Per (Per Curiam)  Atty Bernabe applied for conside consideration ration of the disbarmen disbarmentt complain complaintt filed by Luzvim Luzviminda inda R. Lustestica (complainant  (complainant ) against Atty. Sergio E. Bernabe (respondent  ( respondent ) for notarizing a falsified or forged Deed of Donation of real property despite the non-appearance of the donors, Benvenuto H. Lustestica (complainant's father) and his first wife, Cornelia P. Rivero, both of whom were already dead at the time of  execution of the said document.  Atty Bernabe admitted the fact of death of Benvenu Benvenuto to H. Lustes Lustestica tica and Cornelia P. Rivero, considering conside ring their death certificates attached attached to the complaint. The respondent respondent claimed, however, that he

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P a g e | 10 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

The records undeniably show the gross neglig negligence ence exhibited by the respondent in discharging his duties as a notary public. He failed to ascertain the identities of the affiants before him and failed to comply   with the most basic function function that a notary public must do, i.e., to require the parties’ presentation presentation of their residencee certificates or any other document to prove their identitie residenc identities. s. Given the responden respondent’s t’s admission in his pleading that the donors were already dead when he notarized the Deed of Donation, we have no doubt that he failed in his duty to ascertain the identities of the persons who appeared before him as donors in the Deed of Donation. Under the circumstances, we find that the respondent should be made liable not only as a notary  public but also as a lawyer. He not only violated the Notarial Law (Public Act No. 2103), but also Canon 1 and Rule 1.01 of the Code of Professional Responsibility. Section 1 of Public Act No. 2103 (Old Notarial Law) states: (a) The acknowledgment shall be made before a notary public or an officer duly authorized by law of  the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law  required to keep a seal, and if not, his certificate shall so state.

JUAN PABLO P. BONDOC v. JUDGE DIVINA LUZ P. AQUINO-SIMBULAN  A.M. No. No. RTJ-09-22 RTJ-09-2204, 04, 26 26 October October 2009 2009 Former representative of Pampanga Juan Pablo P. Bondoc (Bondoc) charged Judge Divina Luz P.  Aquino-Simbul  Aquino -Simbulan an (Simbu (Simbulan) lan) with partiality, gross ignoran ignorance ce of the law, and gross miscon misconduct duct in the

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P a g e | 11 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

court, and Attys. Stephen and Lanee to show cause why they should not be administratively sanctioned as members of the bar and officers of the court. The com complai plaint nt agai against nst Judg Judgee Simb Simbula ulan n was dism dismiss issed, ed, hen hence, ce, OCA reco recomme mmende nded d that Attys Attys.. Stephen and Lanee be cited for indirect contempt since the complaint against Judge Simbulan could not have been filed without the active prodding and instigation of the lawyers and that private prosecutors were the primary sources of the allegations contained therein which Bondoc did not personally witness.

HEL ELD: D:

Lawy La wyer erss hav have e the the du duty ty no nott to to pro promo mote te di dist stru rust st in the the ad admi mini nist stra rati tion on of jus justi tice ce..

 Attys. Stephen and Lanee David David crossed the line of accepted and protected conduct conduct as members of  the bar and as officer officerss of the court in the filing of the administrative administrative complaint against against the respondent. As the OCA noted, while the complaint was filed in the name of former Representative Juan Pablo P. Bondoc, he never really appeared in court and could not have woven the tale of unfair treatment in the complaint  which spoke of intricate intricate courtroom proceedings. proceedings. The complainan complainantt thus relied primarily on the information relayed to him by his lawyers for the particulars of the complaint. More to the point, the two lawyers can reasonably be considered to have authored the allegations in their client’s complaint. Nothing is inherently wrong with the complainant’s dependence on Attys. Stephen and Lanee David for the substance of the complai complaint. nt. Nonetheless, Nonetheless, as officer officerss of the court, counsels are expected to be as truthful and as objectiv objectivee as possible in providing information information to their client regarding developments developments in the courtroom. Needless to say, they owe candor, fairness and good faith to the court. In these regards, Attys. Stephen and Lanee David proved to be wanting. From the pre-trial records quoted below, we find suffici sufficient ent justification for the conclu conclusion sion that the information Attys. Stephen and Lanee David supplied their client was patently misleading and slanted “to cover up their gross shortcomings as lawyers,” as the respondent aptly put it. On four occasions, private prosecutors never appeared before the court prepared. No proof was presented to corroborate the charge

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P a g e | 12 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

Roa filed with the Integrated Bar of the Philippines (IBP) an Affidavit-Complaint against Atty. Moreno. The IBP found Atty. Moreno guilty of violating Rules 1.01 and 7.03 of the Code of Professional Responsibility and recommended to suspend Atty. Moreno from the practice of law for three months and ordered him to return the amount of P70,000. The IBP Board of Governors forwarded the present case to the Supreme Court.

ISSUE: Whether or not Atty. Moreno should be disciplined and ordered to return the amount of money  paid for the sale

HELD: Atty. Moreno’s refusal to return to Roa the money paid for the lot is unbecoming a member of the bar and an officer of the court. By his conduct, Atty. Moreno faile fai led d to liv live e up to th the e st stric rictt sta stand ndar ard d of pr prof ofess ession ionali alism sm re requ quire ired d by th the e Co Code de of  Professional Responsibility.  Atty. Moreno Moreno’s ’s credibili credibility ty is highly questio questionable. nable. Records show that he even issued a bogus Certificate of Land Occupancy to Roa whose only fault was that he did not know better. The Certificate of  Land Occupancy has all the badges of intent to defraud. It purports to be issued by the "Office of the General Overseer." Oversee r." It contai contains ns a verific verification ation by the "Lead, Record Department" Department" that the lot plan "conforms with the record on file." It is even printed on parchment paper strikingly similar to a certificate of title. To the unlettered, unlettere d, it can easily pass off as a document evidencing evidencing title. True enough, Roa actually tried, but failed, to register the Certificate of Land Occupancy in the Register of Deeds. Roa readily parted with P70,000  becausee of the false assurance  becaus assurance afforded by the sham sham certificate. certificate. The innocent public who deal in good faith with the likes of Atty. Moreno are not without recourse in law. Section 27, Rule 138 of the Rules of Court states "A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, xxx ." ." Further, Rule 1.01, Canon 1 of the Code of Professional Responsibility 

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P a g e | 13 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

MANUEL C. YUHICO v. ATTY. FRED L. GUTIERREZ  A.C. No. No. 8391, 23 November November 2010, 2010, EN  EN BANC  BANC (Per (Per Curiam)  Atty. Fred Gutierr Gutierrez ez asked for a cash loan of P30,000.0 P30,000.00 0 from Manue Manuell Yuhico Yuhico.. Gutier Gutierrez rez then claimed that he needed money to pay for the medical expenses of his mother who was seriously ill. Yuhico immediately handed the money. In turn, Gutierrez promised to pay the loan very soon, since he was expecting to collect his attorney's fees from a Japanese client. Gutierrez Gutierr ez again asked Yuhico for a loan, in the amount of P60,000.00, allegedly to pay the medical expenses of his wife who was also hospitalized. Again, Yuhico readily issued to Gutierrez a check amounting to P60,000.00. Again, Gutierrez Gutierrez promised to pay his two loans totalling t otalling to P90,000.00 "within a short time."  Yuhico asked Gutierrez Gutierrez to pay his loans. Gutierrez failed failed to pay and in a text messag messagee he asked for an extension of time to pay. Later, thru a text message, Gutierrez Gutierrez attempted to borrow money from Yuhico again. Gutierrez claimed that his daughter needed P70,000.00 to pay the fees required to take the licensure examination in the U.S. Medical Board. Gutierrez assured him that he will pay all his debts within a month. However, this time, Yuhico refused to lend Gutierrez any amount of money. Instead, he demanded from Gutierrez the payment of his debts. Gutierrez then sent another text message to Yuhico and requested him to give him another week to pay his debts. Gutierrez failed to make the payment. Yuhico's counsel sent a demand letter to Gutierrez to pay his debts, but to no avail. Thus, Yuhico filed the instant complaint against Gutierrez before the Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD).

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P a g e | 14 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

lack of moral character to satisfy the responsibilities and duties imposed on lawyers as professionals and as officers of the court. Supreme Court also noted that in  Huyss  Huyssen en v. Atty. Gutie Gutierrez, rrez, the Court had already disbarred Gutierrez from the practice of law for gross misconduct due to non-payment of just debts and issuance of   bouncing  bounci ng checks. In view of the foregoin foregoing, g, while the court agrees with the finding findingss of the IBP, it cannot, however, adopt its recommendation to disbar Gutierrez for the second time, considering that Gutierrez had already been previously disbarred. Indeed, as the IBP pointed out, the court does not have double or multiple disbarments in its laws or jurisprudence. Neither do it have a law mandating a minimum 5-year requirement requirem ent for readmis readmission, sion, as cited by the IBP. Thus, while Gutierrez's infraction infraction calls for the penalty of  disbarment, court cannot disbar him anew.

OFELIA R. SOMOSOT v. ATTY. GERADO F. LARA   A.C. No. No. 7024, 30 January January 2009, SECOND DIVISION (Brion, (Brion, J   J .) .) In support of her complaint for disbarment, the complainant alleged that she retained the service servicess of the respondent as her counsel in a collection case filed by Golden Collection Marketing Corporation against her and other co-defendants. Her defense was that it was the corporation who actually owed her P800,000.00. She claimed that she had the evidence to prove this defense at the trial. The respondent agreed to handle the case and duly entered his appearance as counsel after securing his acceptance fee. She alleged, however, that after filing the Answer to the Complaint, the respondent failed to fully  inform her of further developments in the case. She only heard about the case when there was already a decision decisio n against her and her co-defendants. co-defendants. She even belatedly learned that the respondent had sought his dischargee as counse discharg counsell without her knowl knowledge edge and consent. Contrary to the respondent's respondent's claim that he could no longer locate her, she claimed that the respondent knew all along where she lived and could have easily 

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P a g e | 15 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

defendant on or about the time the interrogatories and request for admission were pending. It appears that he really had not; by his own admission, his attempt to contact the complainant came in December 2001 and only to inform her of his government appointment and to collect his billings. It was only after the discovery discove ry of the closure of the defendant's office office did the respondent try to contact the complainant complainant and her husband by cellular phone, but they could not be reached.  Assuming the non-payment  Assuming non-payment to be true, such failure should should not be a reason not to inform the client of an important development, or worse, to withhold vital information from her. The respondent failed to provide details on the developments that led to the adverse rulings on the interrogatories/admissions and the judgment on the pleadings. On the matter of the respondent's withdrawal from the case, the respondent might have had valid reasons to withdraw and terminate his relationship with his client. As the respondent now states, he could  withdraw under under paragraphs (e) and (f) of the Code of Professional Professional Responsibility Responsibility - i.e., deliberate failure failure of  the client to pay the fees for the services, or failure to comply with the retainer agreement, agreement, or appointment or election to public office. However, he does not appear to have cited these reasons before the trial court. Instead, he merely filed a  Notic  Noticee of Withd Withdrawal rawal of Appea Appearance rance,, citing his client's unknown location and

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P a g e | 16 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

her the door keys. Also, respondent did not heed complainant's repeated written demands for payment of  her obligations despite due receipt of the same, compelling complainant to file the present Complaint. Respondent alleged that she had religiously paid her monthly rentals and had not vacated the apartment unit surreptitiously. She also averred that she transferred to another place because she was given notice by the complainant to vacate the premises to give way for the repair and renovation of the same, but  which never happened happened until presently. Respondent actually actually wanted to t o ask that complainant to account for her deposit for the apartment unit, but she could not do so since she did not know complainant's address or contact number. For the same reason, she could not turn over to the complainant the door keys to the  vacated apartment unit.

ISSUE: Whether or not respondent has violated the Code of Professional Responsibility  HEL ELD D:

Lawy La wyer erss mus ustt pr prom ompt ptly ly pa payy th thei eirr fi fina nanc ncia iall ob obli lig gat atio ions ns..

 A review of the records would reveal that respondent respondent is, indeed, guilty of willful failure to pay just debt. Complainant is able to fully substantiate that respondent has existing obligations that she failed to

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P a g e | 17 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

Castillo required Bobadilla, Bobadilla, Del Mundo and the Serranos to vacate the land after failing to heed his previous demands to pay a monthly rental of P10 per square meter. Bobadilla instituted a complaint at the previous Caloocan City Regional Trial Court (RTC) to annul the sale between Rayo and Castillo based on fraud and  bad faith. Bobadilla asserted the right of first refusal of their predeces predecessor-in sor-in-interes -interestt under Presiden Presidential tial Decree No. 1517, otherwise otherwise known known as the Urban Land Reform Act. As the decree is not self-executing, self-executing, Proclamation No. 1967 was issued identifying 244 specific sites in Metropolitan Manila as Areas for Priority  Development (APD) and Urban Land Reform Zones (ULRZ).

HEL ELD: D: pleadings.

Lawy La wyer erss mus mustt exe exerc rcis ise e utm utmos ostt car care e and and co comp mple lete te ca cand ndor or in th the e pre prepa para rati tion on of 

This Court observes the perfunctory manner by which Castillo complied with this Courts Resolution requiring him to comment on the petition. In his terse comment incorporated in his Compliance, he pithily  averred aver red in one sweeping sweeping paragraph paragraph that the alle allegati gations ons contained contained in the petition petition are all reha rehash sh or reiterations of the issues and arguments already passed upon by the appellate court. With such lackadaisical outlook, Castillo blinded himself with what appeared to be gross misrepresentation foisted by Bobadilla,  which would have have otherwise otherwise put him on guard. guard.

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P a g e | 18 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

In his repl reply, y, Atty. Arevalo Arevalo con contends tends that the Pol Policy icy of Non Non-E -Exemp xemptio tion n wou would ld indu indubita bitably bly be oppressive to him considering that he has been in an inactive status and is without income derived from his law practice. He adds that his removal from nonpayment of annual membership dues would constitute deprivation of property right without due process of law. ISSUE: Whether or not an an inactive inactive member member of the Bar may may be compelled compelled to pay his his IBP dues dues

HELD: Membership in the bar is a privilege burdened with conditions, one of which is the payment of membership dues - failure to abide by any of them entails the loss of such privilege if the gravity thereof warrants such drastic move.  An "Integrated Bar" is a State-organized Bar, to which every lawyer must belong, as distingu distinguished ished from bar asso associati ciation on org organi anized zed by indi individu vidual al lawy lawyers ers them themselv selves, es, mem members bership hip in whi which ch is volu voluntar ntary. y. Integration Integrati on of the Bar is essentially a process by which every member of the Bar is afforded an opportun opportunity  ity  to do his shares in carrying out the objectives of the Bar as well as obliged to bear his portion of its responsibilities. Organized by or under the direction of the State, an Integrated Bar is an official national  body of which which all lawyers lawyers are required to be members. members. They They are, therefore, therefore, subject subject to all the rules rules prescribed prescribed for the governance of the Bar, including the requirement of payment of a reasonable annual fee for the

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P a g e | 19 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Cano Ca non n 3 - A JU JUDG DGE E SH SHOU OULD LD PE PERF RFOR ORM M OF OFFI FICI CIAL AL DU DUTI TIES ES HO HONE NEST STLY LY,, AN AND D WI WITH TH IMPARTIALITY AND DILIGENCE ADJUDICATIVE RESPONSIBILITIES Rule 3.01.— A judge shall be faithful to the law and maintain professional competence. Rule 3.02.— In every case, a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interests, public opinion or fear of criticism. Rule 3.05.– A judge shall dispose of the court’s business promptly and decide cases within the required periods. Rule 3.06.— While a judge may, to promote justice, justice, prevent waste of time or clear up some obscurity, property intervene intervene in the presentation of evidence during during the trial, it should always be borne in mind that undue interference may prevent the proper presentation of the cause or the ascertainment of  truth. and Canons 4, 5, 6 and 17 of the Canons of Judicia Judiciall Ethics. Additionally, complainant complainant charges respondents respondents of violating Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and

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P a g e | 20 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

removed from offi removed office ce via the con constit stitutio utional nal route of impe impeach achmen mentt befo before re he may be held to answ answer er administratively for his supposed errant resolutions and actions. The Court thus found respondent Borra’s contention that the grounds-bases of the disbarment complaint, fastened on supposed errors of judgment or grave abuse of discretion in the appreciation of facts, were proper for an appeal, hence, complainant’s remedy was judicial, not administrative.

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P a g e | 21 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

The IBP Board of Governors adopted the Resolution resolving to return the matter to Commissioner Reyes for a clarification of whether or not there was evidence to support the claim that the P65,000.00 had  been in payment of attorney's fees and other expenses expenses.. Commis Commissioner sioner Reyes issue issued d a second Report and Recommendation, in which he declared that Atty. Ricafort did not present any retainer agreement or receipt to prove that the amount of P65,000.00 had been part of his attorney's fees; that Atty. Ricafort had willfully  ignored the demand of Arnulfo by not replying to the demand letter; that, instead, Atty. Ricafort had

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P a g e | 22 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

Furthermore, Rule 16.02 of the Code of Professional Responsibility, imposes on an attorney the positive obligation to keep all funds of his client separate and apart from his own and from those of others kept by him, to wit: Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him

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P a g e | 23 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

1. suppressed and excluded in the Original and Amended Complaint her knowledge about the existence of the Deed of Absolute Sale dated January 12, 2005; 2. used the fake and spurious Deed of Donation to deceive the court into trying Civil Case No. 051071, the action for the annulment of TCT No. 220869, despite her knowledge of the existence of the Deed of   Absolute Sale; 3. committed misrepresentations as follows: to verify whether the attached Deed of Absolute Sale

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P a g e | 24 Legal Ethics Case Digest Judge Philip Aguinaldo 3AA, A.Y. 2011-2012

Corp., Inc. (DCI). The suit was for violation of the Subdivision and Condominium Buyer’s Protection Act (PD 957). SJHAI alleged that a certain lot was designated as a school site in the subdivision plan that DCI submitted to the Bureau of Lands, but no school was ever built, and in fact, the subject lot was sold by DCI to spouses Ramon and Beatriz Durano.  While Atty. Robert B. Romani Romanillos llos (Roman (Romanillos) illos) was still couns counsel el for San Jose Homeow Homeowners ners

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