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Legal Ethics Digest Case No 43 To 56
Legal Ethics Digest Case No 43 To 56
FLORIDO
(A.C. No. 5736, June 18, 2010) FACTS: This is a complaint for disbarment filed by the members of the Board of Directors of the Rural Bank of Calape, Inc. (RBCI) Bohol against Atty. James Benedict Florido, herein respondent. RBCI alleged that respondent violated his oath and the Code of Professional Responsibility. According to RBCI, respondent and his clients, Dr. Domeciano Nazareno, Dr. Remedios Relampagos, Dr. Manuel Relampagos, and Felix Rengel, through force and intimidation, with the use of armed men, forcibly took over the management and the premises of RBCI. They also forcibly evicted Cirilo A. Garay, the bank manager, destroyed the banks vault, and installed their own staff to run the bank. However, In his comment, respondent denied RBCIs allegation and explained that he acted in accordance with the authority granted upon him by the Nazareno-Relampagos group, the lawfully and validly elected Board of Directors of RBCI. Respondent said he was merely effecting a lawful and valid change of management. Respondent alleged that a termination notice was sent to Garay but he refused to comply and to ensure a smooth transition of managerial operations, respondent and the Nazareno-Relampagos group went to the bank to ask Garay to step down. However, Garay reacted violently and grappled with the security guards long firearm. Respondent then directed the security guards to prevent entry into the bank premises of individuals who had no transaction with the bank and also, through the orders of the Nazareno-Relampagos group, also changed the locks of the banks vault. ISSUE: Whether or not Atty. James Floridos act is a ground for violation of the Code of Professional Responsibility. HELD: Canon 19 of the Code provides that a lawyer shall represent his client with zeal within the bounds of the law. Lawyers are indispensable instruments of justice and peace. Upon taking their professional oath, they become guardians of truth and the rule of law. Verily, a lawyers duty is not to his client but to the administration of justice. Thus, their duty to protect their clients interests is secondary to their obligation to assist in the speedy and efficient administration of justice. While they are obliged to present every available legal remedy or defense, their fidelity to their clients must always be made within the parameters of law and ethics, never at the expense of truth, the law, and the fair administration of justice and that, any means,
not honorable, fair and honest which is resorted to by the lawyer, even in the pursuit of his devotion to his clients cause, is condemnable and unethical. WHEREFORE, court finds respondent Atty. James Benedict Florido GUILTY of violating Canon 19 and Rules 1.02 and 15.07 of the Code of Professional Responsibility. Accordingly, he is SUSPENDED from the practice of law for one year effective upon finality of the Decision.
The Supreme Court ruled that indeed, the writing of demand letters is a standard practice and tradition in this jurisdiction. It is usually done by a lawyer pursuant to the principal-agent relationship that he has with his client, the principal. Thus, in the performance of his role as agent, the lawyer may be tasked to enforce his client's claim and to take all the steps necessary to collect it, such as writing a letter of demand requiring payment within a specified period. However, the letter in this case contains more than just a simple demand to pay. It even contains a threat to file retaliatory charges against complainant which have nothing to do with his client's claim for separation pay. The letter was obviously designed to secure leverage to compel complainant to yield to their claims. Indeed, letters of this nature are definitely proscribed by the Code of Professional Responsibility. WHEREFORE, premises considered, the petition is granted. The 26 May 2006 Resolution of the IBP Board of Governors is hereby REVERSED and SET ASIDE. Respondent Atty. Lolito G. Aparicio is hereby found liable for violation of Rule 19.01 of Canon 19 of the Code of Professional Responsibility, and is accordingly meted out the penalty of REPRIMAND, with the STERN WARNING that a repetition of the same or similar act will be dealt with more severely.
; neither is itmaterial that the attorney consulted did not afterward undertake thecase about which the consultation was had. If a person, in respect to hisbusiness affairs or troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in suchconsultation, then the professional employment must be regarded asestablished ... WHEREFORE , the Court finds petitioner guilty of violation of Rule 16.04of the Code of Professional Responsibility and orders him suspendedfrom the practice of law for a period of one (1) month and to pay torespondent, within 30 days from notice, the amount of P25,000.00 withinterest at the legal rate, computed from December 12, 1996
46. ???
Therefore, the Supreme Court severely reprimanded Atty. Jose Jimenez, Jr. for violating Canon 20, Rule 20.4 of the Code of Professional Responsibility.
CANON 21
course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto respectively. The cases filed by the respondent against his former client involved matters and information acquired by the respondent during the time when he was still Rosarios counsel. Information as to the structure and operations of the family corporation, private documents, and other pertinent facts and figures used as basis or in support of the cases filed by the respondent in pursuit of his malicious motives were all acquired through the attorney-client relationship with herein complainants. Such act is in direct violation of the Canons and will not be tolerated by the Court. Thus, the respondent is disbarred from the practice of law.
50.???
CANON 21
52.
CANON 22
could not get along to the detriment of the case; (d) when the mental or physical condition of the lawyer makes him incapable of handling the case effectively; (e) when the client deliberately fails to pay the attorney's fees agreed upon; (f) when thelawyer is elected or appointed to public office; (g) other similar cases.Respondent's withdrawal was made on the ground that "there no longer exist[ed] the . . . confidence" between them and that there had been "serious differences between them relating to the manner of private prosecution." This circumstance is neither one of the foregoing instances nor can it be said that it is analogous thereof. Furthermore, the refusal of the complainant to give his consent to the withdrawal does not excuse the respondent from performing his duties. In such case, the court, on notice to the client and adverse party, shall determine whether he ought to be allowed to retire. In the instant case, respondent did not file an application with the court for it to determine whether he should be allowed to withdraw. Based on the foregoing, respondent is found guilty of the violation of Rule 22.01 of Canon 22 of the Code of Professional Responsibility. Respondent is admonished to exercise more prudence and judiciousness in dealing with his clients and ordered to return to complainant within fifteen (15) days from notice the amount of ten thousand pesos (P10,000.00) representing a portion of his legal fees received from the latter, failure of which would warrant an imposition of a stiffer disciplinary action.
26 January 2007
T h i s t r e a t s o f t h e C o m p l a i n t f o r Di sba rm en t d at e d F eb r ua r y 1 7, 199 9 fi l ed b yRogelio H. Villanueva (Villanueva) against Atty. Amado B. Deloria in connection with HLRB CaseN o . R E M - 0 8 0 5 9 2 - 5 1 6 6 , entitled " Spouses Conrado De Gracia v. Estate of Jaime Gonzales, et al. " Atty. Deloria, a former full-time Commissioner of the Housing and Land Use Regulatory Board(HLURB), appeared as counsel for the spouses DeGracia. I n a R e s o l u t i o n d a t e d F e b r u a r y 1 9 , 2 0 0 1 , w e re f e rr e d t h e c as e t o t h e In t e gr at e d B a r o f t h eP hi l i p pi n es ( IB P ) f or i n ve st i ga t i o n, r ep ort and recommendation. Investigating Commissioner Renato G. Cunanan submitted a Report dated September 29, 2005,finding merit in the Complaint and recommending that Atty. Deloria be suspended from the practice o f l a w fo r t w o (2 ) ye a rs and / o r be fi n e d i n t he amount of P20,000.00. This recommendation wasannulled and set aside by the IBP in its ResolutionNo. XVII-2006-279 dated May 26, 2006. The casewas instead dismissed for lack of merit. T h e r e p o r t a n d r e c o m m e n d a t i o n o f t h e Investigating Commissioner appears to be basedsolely on the Rollo of the case which the Courtsent to the IBP pursuant to the Resolution datedF e b r u a r y 1 9 , 2 0 0 1 . T h e I n v e s t i g a t i n g C om m i s si o n er di d n ot co nd uc t an y h e a ri n g t o d e t e r m i n e t h e v e r a c i t y o f t h e a l l e g a t i o n s i n Villanuevas Complaint and the truthfulness of Atty. Delorias answers thereto.A f o r m a l i n v e s t i g a t i o n i s a m a n d a t o r y requirement which may not be dispensed withe x c e p t f o r v a l i d a n d c o m p e l l i n g reasons. I n Baldomar v. Paras the Court held: Complaints against lawyers for misconduct aren o r m a l l y a d d r e s s e d t o t h e C o u r t . I f , a t t h e outset, the Court finds a complaint to be clearlyw a n t i n g i n m e ri t , i t o ut ri ght l y di sm i ss es t h e case. If, however, the Court deems it necessarythat further inquiry should be made, such asw h e n t h e m a t t e r c o u l d n o t b e r e s o l v e d b y merely evaluating the pleadings submitted, ar e f e r r a l i s m a d e t o t h e I B P f o r a f o r m a l i n v e s t i g a t i o n of the case during which theparties are accorded an
o p p o r t u n i t y t o b e heard. An ex-parte investigation may only be co ndu ct e d wh en re s pon de nt f ai l s t o ap p e ar despite reasonable notice. R ul e 1 39 - B o f t he R ul e s of C o ur t p r ovi d es t h e p ro c edu r e f or i nv es t i gat i on i n di s ba rm en t an d disciplinary proceedings against attorneys beforethe IBP.D u e o b s e r v a n c e o f t h e f o r e g o i n g r u l e s i s necessary for the proper resolution of this case. The instant administrative case is REMANDED to the Integrated Bar of the Philippines for further pr o ce e d in g s. T h e I B P is a lso d ir e ct e d t o a ct o n this referral with deliberate dispatch.
CANON 22
HELD: Respondent violated Canon 22 of the Code of Professional Responsibility which provides that a lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances. Heavy workload is not sufficient reason for the withdrawal of her services. When she accepted to handle the complainants case, she undertook to do her duties with utmost attention, skill and competence, despite other workloads to do with other client. The client has the right to expect that a lawyer will discharge his duties diligently and exert his best efforts to defend or prosecute his clients cause. Failure of such duties will render him administratively liable. In the instant case, respondent is found guilty and suspended from the practice of law for six months.