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Bale - Final Digests - Canons 14-16
Bale - Final Digests - Canons 14-16
CANON 14
the criminal case which eventually led to the petitions dismissal with finality
HELD: YES. Respondent fell short of the high standard of assiduousness that a
counsel must perform to safeguard the rights of his clients. When a lawyer agrees to take up
the cause of the client, he owes fidelity to such cause and must always be mindful of the trust and
confidence reposed in him. He must serve the client with competence and diligence, and champion the
latters cause with fidelity.
The Court also did not appreciate the way respondent stated the details of the
offense when he branded his own clients as being the culprits that salvaged the victims.
Rule 14.01of the Code of Professional Responsibility clearly directs lawyers not to
discriminate clients as to their belief of the guilt of the latter. Though he might think of
his clients as guilty, still it is unprofessional to label them as such when even the cOURT
had not done so.
Respondent is suspended from the practice of law for three months.
Petitioners,
Respondent
FACTS: Petitioners are PAO lawyers who were appointed as lawyers of Joseph
Estrada and Jose Estrada. They filed a Motion To Be Relieved As Court-Appointed
Counsels with the Sandiganbayan on the ground that the accused are not indigents and
are therefore not qualified to avail of the services of PAO. The motion was denied.
Instead the Sandiganbayan issued a resolution retaining the two PAO lawyers. Hence this
petition alleging grave abuse of discretion by the Sandiganbayan.
PAO argues that the only exception when it can appear on behalf of a non-indigent
client is when there is no available lawyer to assist such client in a particular stage of the
case. PAO asserts that while its lawyers are also aware of their duties under Rule 14.02 of
the Code of Professional Responsibility PAO lawyers are limited by their mandate as
government lawyers.
Respondent Sandiganbayan explained that it was facing a crisis when the accused
relieved the services of their counsel and were adamant of hiring new ones. The
Sandiganbayan had the duty to decide the cases, but could not proceed with the trial since
the accused wAS not assisted by counsel. BOUND by its duty to protect the
constitutional right of the accused, Sandiganbayan had to retain the two PAO lawyers.
ISSUE: whether or not respondent committed grave abuse of discretion amounting
to lack or excess of jurisdiction in retaining two PAO lawyers to act as counsels de
oficio for the accused who are not indigent persons.
HELD: The Court holds that respondent did not gravely abuse its discretion in
issuing the subject Resolutions retaining the PAO lawyers as the issuance is not
characterized by caprice or arbitrariness. The accused did not want to avail themselves of
any counsel; hence, respondent exercised a judgment call to protect the constitutional
right of the accused to be heard by themselves and counsel during the trial of the
cases. In any event, since these cases of the accused in the Sandiganbayan have been
finally resolved, this petition seeking that PAO, the only remaining petitioner, be relieved
as counsel de oficio therein has become moot.
[A.C. No. 4724. April 30, 2003]GORETTI ONG, complainant, vs. ATTY. JOEL
M. GRIJALDO, respondent
In 1996, complainant Goretti Ong engaged the services of respondent Atty Joel
Grijaldo as private prosecutor for a criminal case against Lemuel Sembrano and
Arlen VILLAMIL for violation of BP Blg 22. The accused offered to settle the case by
paying Ong P180,000 in cash. However, after the hearing, Atty Grijaldo handed to
Ong cash amounting to 100,000 and a check worth 80,000. Complainant objected to
the check payment but respondent assured that the check was drawn by counsel for
the accused, a reputable lawyer. However, upon presentment on its maturity date,
the check was dishonored.
Complainant later learned that her case was already dismissed by reason of
respondents submission of her affidavit of desistance without her consent. He also
admitted that he had already received the amount of P80,000.00 but he used the
same to pay for his financial obligations. This led complainant to file a complaint for
disbarment.
Respondent was required to file his comment but he failed to do so. Later, the
IBP recommended for his disbarment.
ISSUE: Whether or not respondent should be disbarred for for dishonesty, grave
misconduct, and grossly unethical behavior
HELD: YES. It is clear that respondent gravely abused the trust and confidence
reposed in him by his client. Respondent breached his duty to his client when he
failed to inform complainant of the status of the criminal case. Respondents failure
to look after his clients welfare in the case was a gross betrayal of his fiduciary duty
and a breach of the trust and confident which was reposed in him.
alawyerisnotobligedtoactascounselforeverypersonWHOMAYwishtobecome
hisclient.He has therighttodeclineemploymentsubjecthowever, totheprovisionof
Canon14oftheCodeofProfessionalResponsibility.Onceheagreestotakeupthecauseof
a client, he owes fidelity to such cause and must always be mindful of the trust and
confidencereposedtohim.
All told, respondents transgressions manifested dishonesty and amounted to
grave misconduct and grossly unethical behavior which caused dishonor, not only to
complainant, but to the noble profession to which he belongs, He was disbarred
from the practice of law.
GAMALIEL
ABAQUETA, complainant, vs.
FLORIDO, respondent.
ATTY.
BERNARDITO
A.
In his defense, respondent claims that he always acted in good faith in his
professional relationship with complainant. Respondent further pointed out that the
absence of personal contact with complainant and the lapse of eight years resulted
in the oversight and/or lapse of respondents memory that complainant was a former
client.
The IBP found that respondent clearly violated the prohibition against
representing conflicting interests and recommended that he be suspended from the
practice of law for a period of three (3) months.
Atty. Florido is SUSPENDED from the practice of law for Three (3) months.
CANON 15
[A.C. No. 4354. April 22, 2002]
The professional obligation of the lawyer to give his undivided attention and zeal for his
clients cause is likewise demanded in the Code of Professional Responsibility.
CANON15Alllawyersshallobservecandor,fairnessandloyaltyinallhisdealingsand
transactionswithhisclients.
Rule15.03Alawyershallnotrepresentconflictinginterestsexceptbywrittenconsentofall
concernedgivenafterafulldisclosureofthefacts.
As admitted by Echavia, he was approached by Atty. Maderazo, introduced himself as
his lawyer and after some sessions, asked him to return and sign a document which he later
identified as the Answer to the complaint.
Respondent is suspended from the practice of law for six (6) months with a stern
warning that a similar act in the future shall be dealt with more severely.
ISSUE: Whether or not acted with malice or bad faith in imputing those derogatory and disrespectful
remarks against Chief Justice Davide and the ponente.
HELD: YES. Without doubt, Mercados letter is marked with malice, bad faith, and gross disrespect. He
committed a remarkable feat of character assassination and honor vilification. He repeatedly humiliated him
and the Judiciary in the most loutish and insolent manner. The words in his letter are more accusatory than
inquisitorial. What is disconcerting is that his accusations have no basis in fact and in law.
The Court is also convinced that it was only through Atty. Villanueva that petitioner could have learned or
known the name of the ponente in the case. Rule 15.06 of Canon 15 of the Code of Professional
Responsibility states that "a lawyer shall not state or imply that he is able to influence any public official,
tribunal or legislative body." Further, Rule 15.07 provides that "a lawyer must impress upon his client
compliance with the laws and the principles of fairness." In informing Mercado that he was "a very very
good, close and long time friend" of the ponente, Atty. Villanueva impressed upon the former that he can
obtain a favorable disposition of his case.
Both of them are declared GUILTY of indirect contempt of court, fined and warned.
steps and such ordinary care as his client's interests may require which is precisely what Atty. Lim was doing
Cagayan de Oro City that the duplicate of title covering their lands were entrusted to respondent Atty Miguel
Sabacajan. When demanded to deliver the said titles, refused and when confronted, respondent challenged
the complainants to file any case in any court.
In his answer, respondent that he challenged anyone to file a case in any court, much less the Supreme
Court. He also claims that he referred complainant Pantanosas to his client, Mr. Samto M. Uy, for whom he
worked out the segregation of the titles, two of which are the subject of the this case.Atty. Sabacajan
stresses, by way of defense, that "the instant action was chosen precisely to browbeat him into delivering
the Certificates of Title to complainants without said certificates passing the hands of Mr. Samto Uy with
whom the complainants have some monetary obligations.
ISSUE: Whether or not respondent committed any violation of the CPR
HELD: YES. Respondent has disregarded Canon 15, Rule 15.07 of the Code of Professional Responsibility
which provides that a lawyer shall impress upon his client the need for compliance with the laws and
principles of fairness. Instead, he unjustly refused to give to complainants their certificates of titles
supposedly to enforce payment of their alleged financial obligations to his client and presumably to impress
the latter of his power to do so.
As a lawyer, respondent should know that there are lawful remedies provided by law to protect the interests
of his client. The records show that respondent merely resorting to unexplained, if not curt, refusals to
accommodate the requests of complainants. This caused injustice to the adversaries of his client.
Atty. Miguel Sabacajan was SUSPENDED from the practice of law until he can duly show that the disputed
certificates of title have been returned to the complainants.
CANON 16
Complainant Andrea Balce Celaje alleged that respondent asked for money to be put up
as an injunction bond. However, she later found out it to be unnecessary as the
application for the writ was denied by the trial court. Complainant alleged that respondent
also asked for money on several occasions allegedly to spend for or to be given to the
judge handling their case but when she approached the judge, the latter outrightly denied
the allegations and advised her to file an administrative case against respondent
In his Answer, respondent denied the charges against him and averred that the same were
merely concocted by complainant to destroy his character. He also contended that it was
complainant who boasted that she is a professional fixer in administrative agencies as
well as in the judiciary; and that complainant promised to pay him large amounts of
attorneys fees which complainant however did not keep
The IBP-CBD found respondent guilty of Gross Misconduct in his relations with
his client and recommended that respondent be suspended for three years from the
practice of law
ISSUE: Whether or not respondent is guilty of violating the CPR
HELD: YES. The Code of Professional Responsibility (CPR), particularly Canon 16
thereof, mandates that a lawyer shall hold in trust all moneys and properties of his client
that may come into his possession. He shall account for all money or property collected
or received from his client[8] and shall deliver the funds and property of his client when
due or upon demand.[9]
Respondent failed to do this and therefore was found GUILTY of violating Canon 16 of
the Code of Professional Responsibility. He was SUSPENDED from the practice of law
for a period of two (2) years.
Complainant
In his letters, Atty. Alvero admitted the receipt of the P300,000.00 and promised to
return the money but failed to do so. Thus, complainant prayed that Atty. Alvero be
disbarred for being a disgrace to the legal profession.
In its Report and Recommendation, the IBP-CBD recommended that Atty. Alvero
be suspended from the practice of law for a period of one (1) year for gross misconduct.
(a) when they become due, or (b) upon demand. In the instant case, respondent failed to
account for and return the P300,000.00 despite complainants repeated demand.
Atty. Alveros failure to immediately account for and return the money when due and
upon demand violated the trust reposed in him, demonstrated his lack of integrity and
moral soundness, and warranted the imposition of disciplinary action
Respondent IS GUILTY of gross misconduct is hereby SUSPENDED for a period of two
(2) years from the practice of law.
EDUARDO P. MENESES,
Complainant,
ATTY. RODOLFO P. MACALINO,
Respondent.
FACTS: In March 1993, respondent offered his legal services to complainant to help
secure the release of complainants car from the Bureau of Customs. Respondent
proposed to handle the case for a package deal of P60,000 to which the complainant
agreed. A total of P40,000 was given by complainant to respondent. Since then,
respondent failed to give complainant an update on the matter for more than a year.
In 1994, complainant filed a complaint for estafa against respondent. In his letter,
respondent stated that he would settle the matter amicably with complainant but failed to
appear for the investigation scheduled. Later, the NBI found insufficient evidence to
prosecute respondent for estafa.
Complainant then filed a disbarment against respondent with the Commission on
Bar Discipline (Commission) of the Integrated Bar of the Philippines (IBP). IBP
found respondent guilty of violating the Code of Professional Responsibility and
recommended the imposition on respondent of a penalty of one year suspension from the
practice of law.
ISSUE: Whether or not respondent violated the CPR
HELD: YES. The Court finds respondent liable for violation of Canon 16, [14] Rule 16.01,
[15]
Rule 16.03,[16] and Rule 18.04[17] of the Code of Professional Responsibility (Code).
Respondent Failed to Inform and to Respond to Inquiries of the
ComplainantRegarding the Status of the Case. Respondent also Failed to Account and
Return the Money He Received from Complainant.
Respondents conduct is indicative of lack of integrity and propriety and a violation
of the trust reposed on him.[26] Respondents unjustified withholding of money belonging
to the complainant warrants the imposition of disciplinary action.[27]
Atty. Rodolfo P. Macalino was SUSPENDED from the practice of law for one year.
[A.C. No. 4349. December 22, 1997]
LOURDES
R.
BUSIOS,
RICAFORT, respondent.
complainant,
vs. ATTY.
FRANCISCO
After investigation, the IBP found out that in 1994, complainant appointed
respondent to be her attorney-in-fact in acaseinvolvingthepropertiesofthelatePedro
Rodrigo,fatherofcomplainant.Asattorneyinfact,respondentreceivedrentaldepositsfrom
OasStandardHighSchool.Themoneywasentrustedtorespondentwithanobligationonhis
parttodepositthesameintheaccountofcomplainantshusband.However,respondent
convertedthemoneytohisownpersonaluse,anddespiteseveraldemands,hefailedto
returnthesametocomplainant.Shewasthusconstrainedtofileacriminalcaseforestafa
andanadministrativecasefordisbarmentagainsthim.
TheIBPrecommendedthatrespondentbeSUSPENDEDfromthepracticeoflawfora
periodofONE(1)YEAR.
ISSUE:Whetherornottherespondentshouldbesuspendedfromthepracticeoflaw
HELD:Yes.RespondentviolatedCanon16oftheCPR.Respondents transgressions
manifested dishonesty and amounted to grave misconduct and grossly unethical
behavior which caused dishonor, not merely to respondent, but to the noble
profession to which he belongs.
For dishonesty, grave misconduct, grossly unethical behavior in palpable disregard
of Section 25 of Rule 138 of the Rules of Court, Rule 1.01 of Canon 1 and Rules
16.01, 16.02 and 16.03 of Canon 16 of the Code of Professional Responsibility,
aggravated by a violation of Canon 11 thereof, the Court Resolved to DISBAR
respondent from the practice law.
ThefindingsoftheIBPCBDshowthatrespondentdidnotadherefaithfullyandhonestlyin
hisobligationanddutyascomplainantslegaladviserandcounselwhenhetookadvantage
ofthetrustandconfidencereposedinhimbythecomplainantinultimatelyputting
complainantspropertiesinhisnameandpossession.Itwasrecommendedthatrespondent
besuspendedfromthepracticeoflawforaperiodofsix(6)months.
ISSUE:WhetherornotrespondentbreachedtheCodeofProfessionalResponsibility
MELVIN D. SMALL,
Complainant,
Promulgated:
February 21, 2007
FACTS: In 2001, complainant Melvin D. Small engaged the services of respondent Atty.
Jerry Banares
in
connection
with
several
complaints
to
be
filed
against one Lyneth Amar (Amar). Complainant paid respondent P20,000 as acceptance
fee. Complainant also gave respondent P60,000 as filing fees for the cases. Howver,
respondent was never heard of again and he failed to present any document for the cases
against Amar. This prompted complainant to demand for a full refund of the fees he had
paid respondent but respondent failed to do so. Hence, complainant filed a case for
disbarment before the Integrated Bar of the Philippines (IBP) against respondent.
On 15 October 2004, IBP Director for Bar Discipline Rogelio A. Vinluan ordered
respondent to submit his answer to the complaint. Respondent did not file an answer
despite receipt of the order.
The IBP found that respondent failed to render any legal service to complainant despite
having been paid for his services. The Report considered complainants evidence
sufficient to find respondent guilty of violating Canons 16,[5] 18,[6] and 19[7] of the Code of
Professional Responsibility (Code). IBP Commissioner Reyes recommended the
imposition on respondent of a penalty of suspension from the practice of law for two
years.
ISSUE: Whether or not respondent should be suspended
HELD: The Code mandates that every lawyer shall hold in trust all moneys of his client
that may come into his possession.[12] Furthermore, a lawyer shall account for all money
received from the client and shall deliver the funds of the client upon demand.[13]
Respondent specifically received P80,000 for his legal services and the filing fees for the
cases against Amar. Since respondent failed to render any legal service to complainant
and he failed to file a case against Amar, respondent should have promptly accounted for
and returned the money to complainant.
Respondent was found GUILTY of violating Canons 16 and 18 and Rules 16.01, 16.03,
and 18.04 of the Code of Professional Responsibility. Accordingly, he was
SUSPEND respondent from the practice of law for two years.
Complainants are the heirs of Angalan Samal (Angalan) and Sanaan Samal (Sanaan) who
owned a parcel of land in Samal Island, Davao. They borrowed P15,000 the Spouses
Eustaquio and mortgaged their land to secure the loan. The Spouses Eustaquio prepared a
document[2] and asked complainants to sign and affix their thumb marks on the document
which the complainants did.
Later, complainatns learned that the document was actually a deed of absolute sale and
not a real estate mortgage so they engaged the services of respondent for the purpose of
recovering their property. Complainants and the Spouses Eustaquio entered into an
amicable settlement whereby they agreed to a P30,000 repurchase price of the property.
Complainants did not have the P30,000 repurchase price for the property so respondent
advanced the P30,000. In return, complainants allowed respondent to possess the
property and gather its produce until he is paid. When complainants tried to repay
the P30,000 repurchase price and recover the property from respondent, respondent
refused. Apparently, respondent has transferred the title of the property to his name.
Complainants filed a complaint with the Court charging respondent with gross violation
of the Code of Professional Responsibility but the complaint was later withdrawn.
Nevertheless, the IBP found that respondent violated the Code of Professional
Responsibility and recommended respondents suspension from the practice of law for
six months.
ISSUE: whether or not respondent committed grave violation of [the] Code of Professional
Responsibility when he bought the property of his client without their knowledge, consent
and against their will
Considering the depravity of respondents offense, the Court found disbarred Atty.
Leonido C. Delante from the practice of law.