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  • Decision vs. Ferrer

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    Shari Realce Ande
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    The Supreme Court held that respondent Atty. Jose De G. Ferrer could be held administratively liable for violating the rule against forum shopping. The Court of Appeals had found Ferrer guilty of direct contempt for filing two successive petitions for certiorari that concealed the existence of the first petition, constituting forum shopping. The Integrated Bar of the Philippines also found Ferrer violated the rule against forum shopping and recommended a three-month suspension. The Supreme Court affirmed this finding, as Ferrer's actions violated his oath and duties as a lawyer under the Code of Professional Responsibility.

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    The Supreme Court held that respondent Atty. Jose De G. Ferrer could be held administratively liable for violating the rule against forum shopping. The Court of Appeals had found Ferrer guilty of direct contempt for filing two successive petitions for certiorari that concealed the existence of the first petition, constituting forum shopping. The Integrated Bar of the Philippines also found Ferrer violated the rule against forum shopping and recommended a three-month suspension. The Supreme Court affirmed this finding, as Ferrer's actions violated his oath and duties as a lawyer under the Code of Professional Responsibility.

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    118 views2 pages

    Decision vs. Ferrer

    Uploaded by

    Shari Realce Ande
    The Supreme Court held that respondent Atty. Jose De G. Ferrer could be held administratively liable for violating the rule against forum shopping. The Court of Appeals had found Ferrer guilty of direct contempt for filing two successive petitions for certiorari that concealed the existence of the first petition, constituting forum shopping. The Integrated Bar of the Philippines also found Ferrer violated the rule against forum shopping and recommended a three-month suspension. The Supreme Court affirmed this finding, as Ferrer's actions violated his oath and duties as a lawyer under the Code of Professional Responsibility.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    FORUM SHOPPING IS TANTAMOUNT TO DISOBEYING THE LAWS OF THE LAND

    AND DISRESPECTING THE LAW AND LEGAL PROCESSES


    Re: Decision dated August 19, 2008, 3rd Division, Court of Appeals in C.A.-G.R.
    S.P. No. 79904 v. Atty. Jose De G. Ferrer Commented [SR1]: Check guidelines
    A.C. 8037, February 23, 2016
    Resolution

    FACTS:
    Respondent Atty. Jose De G. Ferrer was found guilty of direct contempt of court by the
    Court of AppealsCA when he filed two (2) Petitions for Certiorari successively. The CA Commented [SR2]: numbers
    held that when the Second Petition was filed, the First Petition already existed but was
    concealed; hence forum shopping had already been committed.

    The CA further held that neither the adjudication of cases pending before courts nor the
    contents of these cases are taken judicial notice by the courts, notwithstanding that both
    cases may have been tried or are actually pending before the same judge. Rather, it is
    the party and the counsel's duty to inform the court trying the case of any pendency of a
    similar case filed before any court. Violation of this rule makes the parties and their
    counsel guilty of forum shopping. Commented [SR3]: irrelevant. Instead put the defense
    of ferrer
    Commissioner Salvador B. Hababag (Commissioner Hababag) of the Integrated Bar of
    the Philippines Commission on Bar Discipline adopted the findings of the Court of
    Appeals in toto and stated that respondent clearly violated the rule on forum shopping.
    Thus, he recommended that the latter be suspended for three (3) months from the
    practice of law with a stern warning that any similar infraction in the future would be dealt
    with more severely.

    The Integrated Bar of the PhilippinesIBP Board of Governors resolved to adopt and
    approve the Report and Recommendation of Commissioner Hababag imposing penalty
    of Atty. Ferrer be reprimanded Atty. Ferrer with a warning that a repetition of the same
    act shall be dealt with more severely.

    ISSUE:
    Should respondent Atty. Jose De G. Ferrer be held administratively liable for violating
    the rule against forum shopping?Can respondent be held administratively liable for
    violating the rule against forum shopping?

    HELD:
    Yes, Atty. Jose De G. Ferrer should be held administratively liable for violating the rule
    against forum shopping.

    In engaging in forum shopping, Atty. Gonzales violated Canon 1 of the Code of


    Professional Responsibility, which directs lawyers to obey the laws of the land and
    promote respect for the law and legal 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. Commented [SR4]: Delete this part and use the legal
    basis cited by the SC, the lawyers oath.
    Respondent filed multiple cases based on the same cause of action and with the same
    prayer. All the elements necessary for the commission of forum shopping are present.
    Respondent's defense of substantial compliance and good faith cannot exonerate him.
    The elements of forum shopping are expected to be fundamentally understood by
    members of the bar, and a defense of good faith cannot counter an abject violation of
    the rule.

    Respondent Atty. Jose De G. Ferrer was therefore guilty of forum shopping and should
    be suspended from the practice of law. Commented [SR5]: This is not a conclusion. It’s a
    prayer. Syntax

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