Category: Legal Ethics

— 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

— Legal Ethics, Remedial Law —

Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

April 14, 2021

FACTS: Respondent Director Celedonio Agrava of the Philippines Patent Office (PPO) issued a circular announcing that he had scheduled for an examination for the purpose of determining who are qualified to practice as patent attorneys before the PPO.  The said examination to cover patent law and jurisprudence and the rules of practice before said office.… Read More Philippine Lawyers Association v. Agrava G.R. No. L-12426, February 16, 1959 Practice of Law

— Legal Ethics —

Mabini v. Atty. Kintanar A.C. No. 9512, February 5, 2018 The 2004 Rules on Notarial Practice

April 7, 2021

FACTS: Complainant Roberto P. Mabini, and his wife, Mercedes, bought the property of Regina Alamares, identified as Lot No. 1959, (OCT No. 251) located in Daraga, Albay.  Regina made known to complainant and Mercedes that said title was lost but its duplicate certificate may be secured from the Register of Deeds. Later, the RD of… Read More Mabini v. Atty. Kintanar A.C. No. 9512, February 5, 2018 The 2004 Rules on Notarial Practice

— Legal Ethics —

IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

February 6, 2021

FACTS: Atty. Maranan filed a criminal complaint before  the Ombudsman against then Vice Mayor Francisco “Isko Moreno”  Domagoso of the City of Manila, charging him with Falsification  of Public Documents and violation of Section 3 (e) of Republic Act No. 3019  for having signed, in behalf of the Manila City Government, consultancy  contracts with persons… Read More IN RE: OMB-C-C-13-0104 ATTY. SOCRATES G. MARANAN v. FRANCISCO DOMAGOSO,” ATTY. SOCRATES G. MARANAN A.C. No. 12877 2004 Notarial Rules

— Civil Law, Legal Ethics —

Espinosa v. Atty. Omaña A.C. No. 9081 October 12, 2011 Extrajudicial Dissolution of Conjugal Partnership, Code of Professional Responsibility

January 30, 2021

FACTS: On 17 November 1997, Rodolfo A. Espinosa and his wife Elena Marantal (Marantal) sought Atty. Julieta A. Omaña’s legal advice on whether they could legally live separately and dissolve their marriage solemnized on 23 July 1983. Omaña then prepared a document entitled “Kasunduan Ng Paghihiwalay” (contract).  Marantal and Espinosa, fully convinced of the validity… Read More Espinosa v. Atty. Omaña A.C. No. 9081 October 12, 2011 Extrajudicial Dissolution of Conjugal Partnership, Code of Professional Responsibility

— Legal Ethics —

GONZALES v. BAÑARES A.C. No. 11396, June 20, 2018 2004 NOTARIAL RULES, Canon 1 Code of Professional Responsibility

April 27, 2020

FACTS: Franco Gonzales contended that on September 23, 2010, a Deed of Absolute Sale covering three parcels of land was executed between his mother, Lilia, as the seller, and Flordeliza Soriano, as the buyer. Surprisingly, the name and signature of his father, Rodolfo, were found in the document despite the fact that he was in… Read More GONZALES v. BAÑARES A.C. No. 11396, June 20, 2018 2004 NOTARIAL RULES, Canon 1 Code of Professional Responsibility

— Legal Ethics —

LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]

April 15, 2020

FACTS: Jun B. Luna filed a foreclosure case against one Jose Calvario alleging that Calvario borrowed P100,000.00 from Luna, and the loan was secured by a Deed of Real Estate Mortgage over a parcel of land in Quezon Province.  Due to non-payment of the loan, Luna filed the Complaint praying for payment of the obligation… Read More LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]

— Legal Ethics —

Sps. Causin v. Judge Demecillo A.M. No. RTJ-04-1860 September 8, 2004 Canon 2 of the Code of Judicial Conduct

March 22, 2020

FACTS: Spouses Florencio and Esther Causin filed a complaint against respondent RTC Judge Leonardo N. Demecillo, charging him with bias and partiality, violation of the Code of Judicial Conduct. The complaint stemmed from a 1994 case for quieting of title filed by Raul F. Lim, which was raffled off to the RTC, Branch 24, presided… Read More Sps. Causin v. Judge Demecillo A.M. No. RTJ-04-1860 September 8, 2004 Canon 2 of the Code of Judicial Conduct

— Legal Ethics —

Palalan CARP Farmers Multi-Purpose Cooperative v. Atty. Elmer A. Dela Rosa A.C. No. 12008 August 14, 2019 “SC Disbars Greedy Lawyer“

January 12, 2020

FACTS: Respondent Atty. Elmer A. Dela Rosa has been suspended from the practice of law for three (3) years effective September 26, 2016. His infractions consisted of borrowing a substantial amount of money from his client-spouses. Not only was he unable to pay despite demand, he even denied he owed them anything.  Atty. Elmer A.… Read More Palalan CARP Farmers Multi-Purpose Cooperative v. Atty. Elmer A. Dela Rosa A.C. No. 12008 August 14, 2019 “SC Disbars Greedy Lawyer“

— Legal Ethics —

EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

March 23, 2019

FACTS: Eugenio E. Cortez engaged the services of Atty. Cortes as his counsel in an illegal dismissal case against Philippine Explosives Corporation (PEC). He further alleged that he and Atty. Cortes had a handshake agreement on a 12% contingency fee as and by way of attorney’s fees. The case was decided in favor of complainant.… Read More EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit