Category: Legal Ethics

— Criminal Law, Legal Ethics, Remedial Law —

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

March 21, 2023

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

— Legal Ethics —

Ramirez v. Buhayang-Margallo A.C. No. 10537, February 3, 2015 Code of Professional Responsibility

January 2, 2023

FACTS: Complainant Reynaldo Ramirez alleged that he engaged Atty. Mercedes Buhayang- Margallo’s services as legal counsel in a civil case for Quieting of Title entitled “Spouses Roque v. Ramirez.” On October 19, 2006, the RTC promulgated a Decision adverse to Ramirez. Atty. Margallo advised him to appeal the judgment. She committed to file the Appeal… Read More Ramirez v. Buhayang-Margallo A.C. No. 10537, February 3, 2015 Code of Professional Responsibility

— Legal Ethics, Remedial Law —

PHILIPPINE NATIONAL CONSTRUCTION CORP. v. APAC MARKETING CORP G.R. No. 190957 June 5, 2013 Attorney’s Fees

November 30, 2022

FACTS: The present case involves a simple purchase transaction between defendant-appellant PNCC and plaintiff-appellee APAC involving crushed basalt rock delivered by plaintiff-appellee to defendant-appellant PNCC. Plaintiff-appellee filed with the trial court a complaint against defendants-appellees for collection of sum of money with damages. Defendants-appellants filed a motion to dismiss, alleging that the complaint was premature… Read More PHILIPPINE NATIONAL CONSTRUCTION CORP. v. APAC MARKETING CORP G.R. No. 190957 June 5, 2013 Attorney’s Fees

— Legal Ethics —

Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege

April 24, 2022

FACTS: Complainant Rosa F. Mercado’s husband filed a civil case for annulment of their marriage with the RTC of Pasig City. This annulment case had been dismissed and the same became final and executory on July 15, 1992. In August 1992, Atty. de Leon, counsel of the complainant died. Respondent  Atty. Julito D. Vitriolo entered… Read More Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege

— Legal Ethics —

HDI HOLDINGS v. ATTY. EMMANUEL CRUZ A.C. No. 11724 (Formerly CBD No. 14-4109), July 31, 2018 Disbarred Lawyer

March 4, 2022

FACTS: HDI retained the services of Atty. Cruz as its in-house corporate counsel and corporate secretary. HDI’s directors and officers were pleased with Atty. Cruz’s performance, thus, in time, he earned their trust and confidence that he was eventually tasked to handle the corporation’s important and confidential matters. However, HDI averred that through Atty. Cruz’s… Read More HDI HOLDINGS v. ATTY. EMMANUEL CRUZ A.C. No. 11724 (Formerly CBD No. 14-4109), July 31, 2018 Disbarred Lawyer

— Legal Ethics —

Macarubbo v. Macarubbo, RE: PETITION (FOR EXTRAORDINARY MERCY) OF EDMUNDO L. MACARUBBO. Adm. Case No. 6148, January 22, 2013

October 10, 2021

FACTS: In the Decision1 dated February 27, 2004, the Court disbarred respondent from the practice of law for having contracted a bigamous marriage with complainant Florence Teves and a third marriage with one Josephine Constantino while his first marriage to Helen Esparza was still subsisting, which acts constituted gross immoral conduct in violation of Canon… Read More Macarubbo v. Macarubbo, RE: PETITION (FOR EXTRAORDINARY MERCY) OF EDMUNDO L. MACARUBBO. Adm. Case No. 6148, January 22, 2013

— Legal Ethics —

RE: Complaint-affidavit of Elvira N. Enalbes, Rebecca H. Angeles and Estelita B. Ocampo Against former Chief Justice Teresita J. Leonardo-de Castro [RET.] J. Leonen, A.M. No. 18-11-09-SC, January 22, 2019

September 22, 2021

FACTS: A complaint was filed by Elvira N. Enalbes, Rebecca H. Angeles, and Estelita B. Ocampo against former Chief Justice Teresita J. Leonardo-De Castro, charging her with gross ignorance of the law, gross inefficiency, gross misconduct, gross dishonesty, and conduct prejudicial to the best interest of the service. In their Complaint-Affidavit, complainants state that Spouses… Read More RE: Complaint-affidavit of Elvira N. Enalbes, Rebecca H. Angeles and Estelita B. Ocampo Against former Chief Justice Teresita J. Leonardo-de Castro [RET.] J. Leonen, A.M. No. 18-11-09-SC, January 22, 2019

— Legal Ethics —

ANG v. BELARO, A.C. No. 12408, December 11, 2019 Code of Professional Responsibility, The 2004 Rules on Notarial Practice

September 3, 2021

FACTS: The late Peregrina Dela Rosa (Peregrina) owned a parcel of land with a building erected thereon which is covered by TCT No. 528991 situated in Quezon City. In 1982, she appointed complainant Venson Ang as administrator of the subject property. Upon Peregrina’s demise on November 24, 2002, the property was inherited by Venson and… Read More ANG v. BELARO, A.C. No. 12408, December 11, 2019 Code of Professional Responsibility, The 2004 Rules on Notarial Practice

— Legal Ethics —

Atty. Mane v. Judge Belen A.M. No. RTJ-08-2119 June 30, 2008 Legal and Judicial Ethics

April 28, 2021

FACTS: Atty. Melvin D.C. Mane (complainant) charged Judge Medel Arnaldo B. Belen (respondent), Presiding Judge of Branch 36, RTC Calamba City, of “demean[ing], humiliat[ing] and berat[ing]” him during the hearing of Civil Case No. 3514-2003-C, in which he was counsel for the plaintiff. To prove his claim, complainant cited the remarks made by respondent in… Read More Atty. Mane v. Judge Belen A.M. No. RTJ-08-2119 June 30, 2008 Legal and Judicial Ethics