Scribd Logo
Upload

Welcome to Scribd!

  • Torres vs. Dalangin

    Uploaded by

    Nypho Pareño
    515 views2 pages
    Atty. Rosita Dela Fuente Torres filed a complaint against Atty. Bayani Dalangin for gross immorality, malpractice, and gross misconduct. She claimed that Dalangin misquoted jurisprudence in a court pleading and submitted a fraudulent certificate of title without relevant annotations. The investigating commissioner found Dalangin guilty of gross immorality and gross misconduct and recommended a 3-year suspension. The Supreme Court ruled that misquoting jurisprudence and submitting misleading evidence does constitute malpractice. However, it did not appear Dalangin intended to mislead the court, so he was only admonished and warned that any future violations would be dealt with more severely.

    Original Description:

    Case Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Atty. Rosita Dela Fuente Torres filed a complaint against Atty. Bayani Dalangin for gross immorality, malpractice, and gross misconduct. She claimed that Dalangin misquoted jurisprudence in a court pleading and submitted a fraudulent certificate of title without relevant annotations. The investigating commissioner found Dalangin guilty of gross immorality and gross misconduct and recommended a 3-year suspension. The Supreme Court ruled that misquoting jurisprudence and submitting misleading evidence does constitute malpractice. However, it did not appear Dalangin intended to mislead the court, so he was only admonished and warned that any future violations would be dealt with more severely.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    515 views2 pages

    Torres vs. Dalangin

    Uploaded by

    Nypho Pareño
    Atty. Rosita Dela Fuente Torres filed a complaint against Atty. Bayani Dalangin for gross immorality, malpractice, and gross misconduct. She claimed that Dalangin misquoted jurisprudence in a court pleading and submitted a fraudulent certificate of title without relevant annotations. The investigating commissioner found Dalangin guilty of gross immorality and gross misconduct and recommended a 3-year suspension. The Supreme Court ruled that misquoting jurisprudence and submitting misleading evidence does constitute malpractice. However, it did not appear Dalangin intended to mislead the court, so he was only admonished and warned that any future violations would be dealt with more severely.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    ATTY. ROSITA L. DELA FUENTE TORRES, ET AL.

     v. ATTY. BAYANI P. DALANGIN


    A.C. No. 10758 (Formerly CBD Case No. 11-3215), December 05, 2017
    REYES, JR., J.:

    FACTS:

    Atty. Rosita Dela Fuente Torres is one of the complainants, who filed this case
    for gross immorality, malpractice, and gross misconduct, against the respondent, Atty.
    Bayani Dalangin.

    It was claimed that the respondent misquoted jurisprudence in a pleading he filed


    in court. He submitted in a civil case fraudulent and misleading evidence, particularly a
    certificate of title without the page reflecting the annotations pertinent to the case.

    Atty. Dalangin filed his Answer and refuted all charges.

    The investigating commissioner found that Respondent Bayani P. Dalangin


    violated the provisions of the [CPR] and his Lawyer's Oath specifically on Gross
    Immorality, and Gross Misconduct and recommended to be suspended from the
    practice of law for the period of three (3) years from receipt of the order with a warning
    that similar offense in the future will be dealt with more severely.
    The IBP adopted the findings of the commissioner that is Atty. Dalangin, guilty of Gross
    Immorality, and Gross Misconduct.

    He filed a motion for reconsideration but was denied.

    The case submitted to the court for resolution.

    ISSUE:

    Whether or not an act of misquoting the jurisprudence in his pleadings and


    submission of fraudulent and misleading evidence constitute malpractice?

    RULING OF THE SUPREME COURT

    Yes. An act of misquoting the jurisprudence in pleadings and submission of


    fraudulent and misleading evidence constitute malpractice.

    As counsel and officer of the court, however, with the corresponding duty to aid
    the courts in the task of ascertaining the truth, Atty. Dalangin was remiss in the
    discharge of his duties under the CPR. Canon 10, Rule 10.02 thereof provides:

    "[a] lawyer shall not knowingly misquote or misrepresent the contents of paper,
    the language or the argument of the opposing counsel, or the text of a decision
    or authority, or knowingly cite as a law a provision already rendered inoperative
    by repeal or amendment or assert as a fact that which has not been proved."
    It appeared that the supposed quotation was Atty. Dalangin's own conclusion
    from the cited jurisprudence. There was no clear indication that the statement was
    intended to mislead the court or commit a falsehood; there was no brazen deviation
    from the principle or doctrine that was embodied in the jurisprudence's original text.

    FALLO:

    Respondent Atty. Bayani P. Dalangin is ADMONISHED to be more prudent and


    cautious in handling his personal affairs and dealings with courts and the public, with
    a STERN WARNING that any repetition of the same or similar acts in the future shall be
    dealt with more severely.

    You might also like