Scribd Logo
Upload

Welcome to Scribd!

  • Garcia Vs Lopez

    Uploaded by

    Lu Cas
    208 views2 pages
    Wilfredo Garcia was the counsel for Angelina Sarmiento in a land registration case that went to the Supreme Court. The RTC decision was upheld but the LRA failed to issue the registration documents. Beniamino Lopez then filed an entry of appearance claiming to represent Sarmiento's heirs, but Garcia presented affidavits from two heirs saying they did not hire Lopez and only recognized Garcia. Lopez claimed he only represented two other heirs. However, the Supreme Court found he violated the rule against encroaching on another lawyer's employment by making it seem he represented all the heirs, which was unfair to Garcia who had worked on the case from the beginning.

    Original Description:

    Case

    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
    Wilfredo Garcia was the counsel for Angelina Sarmiento in a land registration case that went to the Supreme Court. The RTC decision was upheld but the LRA failed to issue the registration documents. Beniamino Lopez then filed an entry of appearance claiming to represent Sarmiento's heirs, but Garcia presented affidavits from two heirs saying they did not hire Lopez and only recognized Garcia. Lopez claimed he only represented two other heirs. However, the Supreme Court found he violated the rule against encroaching on another lawyer's employment by making it seem he represented all the heirs, which was unfair to Garcia who had worked on the case from the beginning.

    Copyright:

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

    Garcia Vs Lopez

    Uploaded by

    Lu Cas
    Wilfredo Garcia was the counsel for Angelina Sarmiento in a land registration case that went to the Supreme Court. The RTC decision was upheld but the LRA failed to issue the registration documents. Beniamino Lopez then filed an entry of appearance claiming to represent Sarmiento's heirs, but Garcia presented affidavits from two heirs saying they did not hire Lopez and only recognized Garcia. Lopez claimed he only represented two other heirs. However, the Supreme Court found he violated the rule against encroaching on another lawyer's employment by making it seem he represented all the heirs, which was unfair to Garcia who had worked on the case from the beginning.

    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

    Garcia Vs Lopez

    Facts:
    Petitioner Wilfredo Garcia was the counsel of the late Angelina Sarmiento, applicant in LRC
    Case No. 05-M-96 which was pending in the Regional Trial Court (RTC) of Malolos, Bulacan,
    Branch 15. Sarmiento sought the registration and confirmation of her title over a 376,397 sq. m.
    tract of land. The case went all the way to the Supreme Court and ultimately, the RTC decision
    was upheld. The decision became final and executory and the RTC, in an order dated 21
    February 2002, directed the Land Registration Authority (LRA) to issue the decree of
    registration and certificate of title. The LRA failed to comply, prompting the complainant to file
    an urgent motion to cite the LRA administrator or his representative in contempt of court.

    On 19 September 2002, Respondent Beniamino Lopez filed his entry of appearance and motion
    for postponement because he claimed to be the counsel of the heirs of Sarmiento. Garcia had
    not withdrawn from the case therefore he was surprised by what Lopez did. On 24 September
    2002, Garcia filed a complaint and charged Lopez with violation of his oath as a member of the
    bar and officer of the court, misrepresentation, amounting to perjury and prayed that the
    respondent be suspended or disbarred.

    It appears that Sarmiento was succeeded by the following compulsory heirs: Gina Jarviña
    (Angelina's daughter by her common-law husband Victor Jarviña), Alfredo, Zenaida, Wilson,
    Jeanette and Geneva, all surnamed Ku (Angelina's children by her husband prior to her
    relationship with Victor). Garcia presented an affidavit executed by Gina Jarviña and Alfredo Ku
    wherein they stated that they did not engage the services of Lopez and that they recognized
    Garcia as their only counsel of record.

    Lopez claimed that he was merely representing the heirs Zenaida and Wilson Ku since they
    availed of his services. They allegedly did not have a lawyer a day before a scheduled hearing
    therefore Lopez executed an entry of appearance with motion for postponement. He asserted
    that it was an honest mistake not to have listed the names of his clients. He claimed it was not
    deliberate and did not prejudice anyone. He insisted that he had no intention of
    misrepresenting himself to the court.

    Issue:
    Whether or not Lopez violated rule 8.02 of the Code of Professional Responsibility?

    Ruling:
    Yes. He made it appear that he was entering his appearance as counsel for all the heirs of
    Sarmiento which was highly unfair to Garcia who had worked on the case from the very
    beginning (i.e. since 1996) and who had not been discharged as such.

    Canon 8 provides that A lawyer shall conduct himself with courtesy, fairness and candor toward
    his professional colleagues, and shall avoid harassing tactics against opposing counsel. Rule 8.02
    states that A lawyer shall not, directly or indirectly, encroach upon the professional
    employment of another lawyer; however, it is the right of any lawyer, without fear or favor, to
    give proper advice and assistance to those seeking relief against unfaithful or neglectful
    counsel.

    You might also like