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Telecom Italia S.P.A v. L-3
Tajan vs Cusi Digested
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MARIA ELENA MORENO VS. ATTY. ERNESTO ARANETA A.C. No. 1109. April 27, 2005
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Facts: Ernesto Araneta issued two checks to Elena Moreno for his indebtedness which amounts to P11, 000.00, the checks were dishonored. It was
the account against which is drawn is closed. Thereafter the case was forwarded to the IBP Commission on Bar Discipline pursuant to Rule 139-B The Commission recommended recommended the suspension from the practice of law for three (3) months. On 15 October 2002, IBP Director for Bar Discipline transmitted the records of this case back to this Court pursuant to Rule 139-B, Sec. 12(b) of the Rules of Court. Thereafter, the Office of the Bar Co regarding various aspects of the case. The Report further made mention of a Resolution from this Court indefinitely suspending the respondent for by final judgment judgment of estafa through falsification falsification of a commercial document. document.
Issue: Whether or not Araneta should be disbarred due to the issuance of checks drawn against a closed account.
Held: The Court held that the act of a person in issuing a check knowing at the time of the issuance that he or she does not have sufficient funds in
drawee bank for the payment of the check in full upon its presentment, is a manifestation of moral turpitude. In Co v. Bernardino and Lao v. Medel issuing worthless checks, a lawyer may be sanctioned with one year‘s suspension from the practice of law, or a suspension of six months upon parti obligation. In the instant case, however, herein respondent has, apparently been found guilty by final judgment of estafa thru falsification of a com crime involving moral turpitude, for which he has been indefinitely suspended. Considering Considering that he had previously committed a similarly fraudulen likewise involves moral turpitude, we are constrained to impose a more severe penalty. In fact, we have long held that disbarment is the appropriat conviction by final judgment of a crime involving moral turpitude. As we said in In The Matter of Disbarment Proceedings v. Narciso N. Jaramillo respondent's conviction conviction no longer rests upon us. The judgment not only has become final but has been executed. No elaborate argument is necessar respondent unworthy of of the privilege bestowed on him as a member of the bar. Suffice it to say that, by his conviction, the r espondent has proved h the administration of justice.‖
Spouses OLBES VS. Atty. VICTOR V. DECIEMBRE AC-5365. April 27, 2005
Facts: Atty. Victor V. Deciembre was given five blank checks by Spouses Olbes for security of a loan. After the loan was paid and a receipt issued
filled up four of the five checks for P50, 000 with different maturity date. All checks were dishonored. Thus, Atty. Deciembre fled a case for estafa Olbes. This prompted the spouses Olbes to file a disbarment case against Atty. Deciembre with the Office of the Bar Confidant of this Court. In Dulay recommended that respondent respondent be suspended from the practice of law for two years for violating Rule 1.01 of the Code of Professional Respo
Issue: Whether or not the suspension of Atty. Deciembre was in accord with his fault.
Held: Membership in the legal profession is a special privilege burdened with conditions. It is bestowed upon individuals who are not only learned
known to possess good moral character. ―A lawyer is an oath oath-bound -bound servant of society whose conduct is clearly circumscribed by inflexible norms whose primary duty is the advancement of the quest for truth and justice, for which he has sworn to be a fearless crusader.‖ By taking the lawyer‘s becomes a guardian guardian of truth and the rule of law, and an indispensable indispensable instrument in the fair and impartial administration administration of justice. Lawyers sho themselves with honesty and integrity in a manner beyond reproach, in order to promote the public‘s faith in the legal profession. It is also glaringly Professional Responsibility Responsibility was seriously transgressed by his malevolent act of filling up the blank checks by indicating amounts that had not been despite respondent‘s full knowledge knowledge that the loan supposed to be secured by the checks had already been paid. His was a braze brazen n act of falsification document, resorted to for his material gain. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable; they reveal a basic moral flaw. Th profession are not satisfied satisfied by conduct conduct that merely enables one one to escape the penalties of of criminal laws. Considering Considering the depravity of the offense offense co respondent, we find the penalty recommended by the IBP of suspension for two years from the practice of law to be too mild. His propensity for em misrepresentation is reprehensible. His misuse of the filled-up checks that led to the detention of one petitioner is loathsome. Thus, he is sentenced from the practice of law eff ective immediately.
NORTHWESTERN UNIVERSITY, UNIVERSITY, INC., and BEN A. NICOLAS vs. Atty. MACARIO D. ARQUILLO
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Atty. Macatrio D. Arquillo represented opposing parties in one a case before t he before the National Labor Relations Commission, Regiona Useful and/orNot useful San Fernando, La Union. Herein, complainants accuse Atty. Arquillo of deceit, malpractice, gross misconduct violation of his oath as attorn Cancel anytime. conflicting interests. The case was filed with the IBP-Commissio IBP-Commission n on Bar Discipline which found Atty. Arquillo guilty of the charge and recomme Special offer for students: Only $4.99/month. suspension for 6 months. The governors of the IBP increased the penalty for 2 years.
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Issue: Whether or not Atty. Sorreda can be held guilty of contempt due to the remarks he has made in his letters a ddressed to the court.
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Held: Unfounded accusations or allegations or words tending to embarrass the court or to bring it into disrepute have no place in a pleading. Their
useful purpose. On the contrary, they constitute direct contempt of court or contempt in facie curiae and a violation of the lawyer‘s oath and a trans of Professional Responsibility. Responsibility. As officer of the court, Atty. Sorreda has the duty to uphold the dignity and authority of the courts and to promote c administration of justice. justice.[24] [24] No No less must this be and with greater reasons reasons in the case of the country‘s country‘s highest court, the Supreme Court, as the last democracy Atty. Sorreda must be reminded that his first duty is not to his client but to the administration of justice, to which his client‘s client‘s success is wholly subo ought to and must always be scrupulously observant of law and ethics. The use of intemperate language and unkind ascription can hardly be justifie place in the dignity of judicial forum. Civility Civility among members members of the legal profession profession is a treasured tradition that must must at no time be lost to it. Henc transcended the permissible bounds of fair comment and constructive constructive criticism to the detriment of the orderly administration of justice. Free expres not be used as a s a vehicle to satisfy one‘s irrational obsession to demean, ridicule, degrade and even destroy this Court and its magistrates. magistrates. Thus, ATT SORREDA is found guilty both of contempt of court and violation of the Code of Professional Responsibility amounting to gross misconduct as an and member of the Bar.
Heirs of Herman Rey, represented by ARACELI Vda. DE ROMERO vs. Atty. Venancio Reyes, Jr. A.C. No. 6192 June 23, 2005
Facts: Atty. Venancio Reyes is counsel for Heirs of Herman Rey for which they are intervenors in a civil case involving multiple sale of a piece of buyers however, however, and to settle the case, they had agreed to a Compromise Compromise Agreement. The The Compromise Agreement, Agreement, dated June 16, 1995, was signe by Elizabeth Reyes Reyes and her husband, husband, then by complainants complainants and their counsel, counsel, Atty. Renato Samonte Samonte Jr., and last, by Antonio Gonzales, Veronica G behalf of V.R. Credit Enterprises, Enterprises, Inc. and by herein herein respondent. Later, Later, the RTC which houses the records records of the case was destroyed destroyed by fire, thus T motion for reconstitution of the records of the case, which was granted by the RTC of Bulacan. The documents attached to the motion were the bas records. Because of the circumstances of signing of the Compromise Agreement, the copy submitted to the RTC bore only the signatures of Elizab husband, complainants, complainants, and that of their counsel, Atty. Renato Samonte. After a lapse of two (2) years from the date of the Compromise Agreemen Enterprises, Inc. still has not complied with its obligation toward complainants. Hence, complainants filed a motion for issuance of writ of executio Enterprises, Inc. for such failure. Atty. Reyes filed a motion for the case was premature. Later he raised the issue that the Compromise Agreement was not signed by Veronica Gonzales. Hence, the RTC rued that the Compromise as unenforceable. Thus, Thus, herein, complainants filed this administr Atty. Venancio Reyes Jr. charging him with willful and intentional falsehood, in violation of his oath as a member of the Philippine bar. IBP invest found him guilty of violation of his oath. Issue: Whether or not Atty. Venancio Reyes is administratively liable. Held: Lawyers are indispensable instruments of justice and peace. Upon taking their professional oath, they become guardians of truth and the
they appear before a tribunal, they act not merely as the parties‘ representatives but, first and foremost, as officers of the court. Thus, their duty to p interests is secondary to their obligation to assist in the speedy and effici ent administration of justice. In assailing the legality of the Compromise A good faith. He maintains that he should not be faulted for raising an allegedly valid defense to protect his client‘s interests. interests. The records show, howe bear hallmarks of dishonesty dishonesty and doublespeak. doublespeak. Atty. Reyes Reyes is one of negotiating panel in the compromise compromise agreement. He impressed impressed upon the partie that his clients were bound to the Compromise Agreement. Then, suddenly and conveniently, he repudiated it by falsely alleging that one of his c it. True, lawyers are obliged to present every available remedy or defense to support the cause of their clients. However, their fidelity to their cause within the parameters of law and ethics, never a t the expense of truth and justice. In Choa v. Chiongson this principle was explained explained thus: ―While a fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal i n the maintenance and defense of his rights, as well as the ex learning and ability, he must do so only within the bounds of the law‖ Thus, herein, Atty. Venancio Reyes, was ordered suspended suspended for 1 year.
JESUS M. FERRER vs. ATTY. JOSE ALLAN M. TEBELIN A.C. No. 6590. June 27, 2005
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Ferrer obtained the services of Atty. Tebelin in a case against Global Link as a result of a vehicular accident through the f alut of Global Link Atty. Tebelin P5, 000.00 as acceptance fee and gave him all pertinent documents. However, Ferrer filed an administrative case against Atty. Tebeli Read Free For 30 Days Sign to vote this titlethe case. However lawyer abandoned his case. However, Atty. Tebelin expressed his willingness to return the money and up denied havingon abandoned proceedings, herein Ferrer Ferrer died. Atty. Tebelin Tebelin was nowhere to be found found in his given address. address. Useful Not useful Cancel anytime.
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Issue: Whether or not Atty. Tebellin may still be held liable despite the death of the complainant.
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their respective position papers and evidence. Two months from the submission of their position papers, complainant personally went to t he Court had been rendered. He caused his lawyer to file a motion for rendition of judgment which was duly received by the court on August 6, 2001 but stil rendered on December 27, 2001 when the complaint was filed. Hence, complainant Petallar charged Judge Juanillo Pullos, former presiding judge Surigao del Norte of violating Canon 1, Rule 1.02 & Canon 3, Rule 3.05 of the Code of Judicial Conduct as well as Rule 140, Section 4 & Rule 70 the Rules of the Court for undue delay in rendering a decision in a case for forcibly entry.
Issue: Whether or not respondent be held liable for undue delay in rendering judgment.
Held: Respondent is guilty of undue delay in rendering judgment. The records show that the parties had filed their respective posit ion papers as ear
2000. thus, respondent had until March 4, 2000. Had there been circumstances which presented him from handling down his decision within the pre respondent should have at least requested from the Court for an extension within which to render judgment. Failure to resolve cases submitted for d period fixed by law law constitutes serious violation violation of Article III, section 16 16 of the Constitution. Constitution. Judges must perform their official duties with utm confidence in the judiciary is to be preserved. A judge cannot by himself prolong the period for deciding cases beyond that authorized by law. With extension granted by the court, failure to decide a case within the prescribed period constitutes gross inefficiency that merits administrative sanctio
COMPLAINTS FOR DISBARMENT; FORMAL INVESTIGATION MERCEDES NAVA VS. ATTY. BENJAMIN SORONGON AC No. 5442. January 26, 2004
Facts: Respondent Atty. Sorongon Sorongon had been the counsel of complainant Mercedes Nava for years. The former informed her of his intention to with
two of her cases due to a stroke that paralyzed his right body but proposed to be retained in two other criminal cases with lesser paper works. He fi December 4, 1996 and was granted by the court. Complainant alleged that while she continuously paid for the respondent‘s services, the latter repr with hostile interests and cases filed against her. Complainant cried that respondent assisted one Francisco Atas in filing a formal complaint for 11 B.P. 22 against her. She sent a letter to respondents expressing her disbelief and reminding him of his ethical and moral responsibility as a lawyer. that an investigation be conducted conducted regarding this unfortunate actuation and deplorable behavior as well as respondent‘s double standard attitude. Thereafter, the IBP Commission on Bar Discipline issued a resolution suspending respondent respondent from the practice of law for one year considering his prohibition against against representing conflicting conflicting interest.
Issue: Whether or not a formal investigation is mandatory in complaints complaints for disbarment.
Held: In complaints for disbarment, a formal investigation is a mandatory requirement. The court may dispense with the normal referral to the Inte
Philippines if the records are complete and the question raised is simple. Similarly, if no further, factual determination is necessary, the court may basis of the extensive extensive pleading on record. record. Complaints against lawyers for misconduct are normally addressed addressed to the Court. If, at the outset, the Court finds a complaint to be clearly wanting dismisses the case. If, however, the Court deems it necessary that further inquiry should be made, such as when the matter could not be resolved by pleadings submitted, submitted, a referral is made to the IBP IBP for a formal investigation of the case during which which the parties are accorded an opportunity opportunity to be investigation may only be conducted when respondent fails to appear despite reasonable notice.
ABANDONMENT OF LAWFUL WIFE AND MAINTAINING ILLICIT RELATIONSHIP AS GROUND FOR DISBARMENT JOVITA BUSTAMANTE-ALEJANDRO BUSTAMANTE-ALEJANDRO VS. ATTY. WARFREDO TOMAS ALEJANDRO and MARICRIS VILLARIN AC No. 4256. February 13, 2004
Facts: Complainant submitted a photocopy photocopy of the marriage contract between her and respondent Atty. Alejandro in support of her charge of bigam
against the latter and Villarin. She also submitted a photocopy of the birth certificate of a child of the respondent and also stated that they were ma Isabela, Province. The Supreme Court directed respondents to file their comment on the complaint within 10 days but they failed to comply. Copies of the resolution, annexes were returned to both respondents unserved with notation ―moved‖, same as when served personally. Complainant was required required anew to su present address of respondents respondents under under pain of dismissal of her her administrative complaint. complaint. She disclosed disclosed respondent‘s address address at 12403 at 12403 Develop Drive handwritten letter. The Integrated Bar of the Philippines (IBP) recommended that both respondents be disbarred. The Supreme Court ordered Atty. Alejandro to be dis Read Free For 30this Days Sign to vote complaint against his co-respondent Atty. Villarin was returned to the IBP for further proceedings or itup appears that on a copy oftitle the resolution requiri ―deemed served‖ upon her as it was upon Atty. Alejandro. Useful Not useful Cancel anytime.
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Issue: Whether or not abandonment of lawful wife and maintaining an illicit relationship with another woman are grounds for disbarment.
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Held: A lawyer engaged to represent a client in a case bears the responsibility of protecting the latter‘s interest with utmost dil igence. By failing to
respondent was remiss in the discharge of such responsibility. He thus violated the Code of Professional which states: Rule 12.03 A lawyer shall not, after attaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the explanation for his failure to do so. Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. That respondent accepted to represent complainants gratis et amore does not justify his failure to exercise due diligence in the performance of his d deserves full attention, diligence, and competence regardless of its importance and whether he accepts it for a fee or free. Until his final release from the professional relation with a client, a counsel of record is under obligation to protect the client‘s i nterest. If a party ha a court does not recognize any other representation in behalf thereof unless in collaboration with such counsel of record or until a formal substitutio effected. Since respondent had not then withdrawn as counsel as he in fact filed a motion for extension of time to file brief, he was under obligatio professional responsibility. responsibility.
IN RE: VICTORIO LANUEVO(former Bar confidant) RAMON GALANG (1971 Bar Examinee) flunked in 1969, 1966-76, 1962-64 Bar exam FACTS:
1. Administrative proceeding proceeding against Victorio Lanuevo Lanuevo for disbarment. 2. Admitted having brought the five examination notebooks notebooks of Ramon E. Galang back to the respective examiners for re-evalution or re-checking. 3. The five examiners admitted having re-evaluated or re-checked the notebook to him by the Bar Confidant, stating that he has the authority to do examinee concerned failed only in his particular subject and was on the borderline of passing. 4. Ramon galang was able to pass the 1971 bar exam because of Lanuevo‘s move but the exam results bears that he failed in 5 subjects subjects namely in (P Mercantile, Criminal & Remedial). 5. Galang on the other hand, denied of having charged of Slight Physical Injuries on Eufrosino de Vera, a law student of MLQU.
RULING: The court disbarred Lanuevo Lanuevo – has has no authority to request the examiners to re-evaluate grades of examinees w/o prior authority from Su He does not possess any discretion with with respect to the matter of admission of examinees to the bar. He does not a have any business evaluating the examinees. Consequently, Consequently, Galang was also disbarred Sec. 2 of Rule 138 of the Revised Rules of Curt of 1964, candidates for admission admission to the bar m character. Galang has a pending criminal cases of Physical Physical Injuries, he committed perjury when when he declared under oath that he had no pending crim him to revoked his license.
PEOPLE V. VILLANUEVA
FACTS: On Sept. 4, 1959, the Chief Chief of Police of Alaminos, Alaminos, Laguna, charged SImplicio SImplicio Villanueva with with crime of Malicious Mischiedf, Mischiedf, before th
Court of said Municipality. Municipality. Said accused was represented by counsel counsel de oficio, but later on replaced by counsel de parte. The complainant complainant in the s representry by City Attorney Ariston Fule of San Pablo City, having entered his appearance as private -prosecutor, having secuting the permissio Justice. Counsel for the accused presented a ―Motion in inhibit Fiscal Fule from Acting as Private prosecutor in this case, ―this ―this time invoking sec. 3 35, Rule 138, Revised Rules, which bars certain attorneys from practicing.
ISSUE: Whether of not Atty. Fule violate sec. 32 of Rule 127 now Sec. Sec. 35, Rule 138, revised Rules of Court, which bars certain attorneys from pr
RULING: The Court holds that the appearance of Attorney Fule did not constitute private practice, within the meaning and contemplation of the R
than isolated appearance, for it consists in frequent frequent or customary action, a succession of acts of the same kind. The word private practice of law im have presented himself to be in the active and c ontinued practice of the legal profession and that his professional services are available to the publi a source of his livelihood or in c onsideration of his said services. It has never been refuted that City Attorney Fule had been given permission by hi supervisor, the Secretary of Justice, to represent the complainant in the case at bar, who is a relative.
IN RE: LUIS B. TAGORDA 53 PHIL 37 3/23/29
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The respondent Atty. Atty. Luis Tagorda, Tagorda, a member of the provincial provincial board of Isabela, admits admits that in the last general general elections he made use o Read Free Foron 30this Days Sign up to vote titleTHIRD MEMBER Spanish and Ilocano, which in translation, read as follows: ―LUIS B. TAGORDA‖ Attoney; NotaryPublic; Notary Public; CANDIDATE FOR (NOTE.- as notaty public, he can execute for a deed of sale for the purchase of land as required by the cadastral office, can renew lost documents o Useful Not useful Cancel anytime. make your application and final final requisites for your homestead; and can execute any kind kind of affidavit. As a lawyer he can help you collect your loa Special offer for students: Only $4.99/month. overdue, as well as any complaint for or against you. Come or write to him in his town Echague, Isabela. Isabela. He offers free consultation, and is willin poor.) The respondent respondent further admits that that he is the author of a letter letter addressed to a lieutenant lieutenant of barrio in his home home municipality written in Ilocano, Ilocano,
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aggrieved by this Court‘s ―unjust judgment,‖ has become one of the sacrificial victims before the altar of hypocrisy.‖ hypocrisy.‖ He ridicules ridicules the members of t justice as administered administered by the present members members of the Supreme Court Court is not only bline, bline, but also deaf and dumb.‖ He then vowsto vows to argue the cause o people‘s forum,‖ so that that ― people may know know of the silent injustices injustices committed by this court‘ court‘ and that ―whatever ―whatever mistakes, wrongs and injustices injustices tha must never be repeated.‖ He ends his petition with a prayer that: ―………a resolution resolution issue ordering the Clerk of Court to receive the certificate of attorney that at any time in the future and in the event we regain our faith and confidence, we may retrieve our title to assume the practice of the no The genesis of this unfortunate incident incident was a civil case entitled Yaptichay v. Calero, in which Atty. Almacen was counsel for the defen rendered judgment against against his client. On June 15, 1966 atty. Almacen receive a copy of the decision. decision. Twenty days days later on h e moved for its recon notify the latter of the time and place of hearing on said motion. Meanwhile, on July 18, 18, 1966, the plaintiff moved for execution of the judgment. service, ‗the trial court denied both motions. To prove that he did serve on the adverse party a party a copy of his first motion for reconsideration, atty. Alm 17, 1966 a second motion for reconsideration, however, was ordered withdrawn by the trial court on August 30, 1966, upon verb al motion of Atty. earlier, that is, on Aug. 22, 1966 had already perfected the appeal. Motion for reconsideration was denied denied by Court of Appeals.
HELD:
Well-recognized is the the right of a lawyer, both as an officer of the court and as citizen, to criticize in properly respectful terms and throu the acts of courts and judges. As a citizen and as officer of the court, a lawyer is expected not only to exercise the right, but also to consider it his duty to avail of such abridge this right. Nor is he ―professionally answerable for a scrutiny into the official conduct of the j udges, which would not expose him to legal a citizen. Atty. Almacen is suspended suspended from the practice of law until further orders.
TAN V. SABANDAL (170 SCRA 211 2/10/89
FACTS: Respondent Nicolas El. Sabandal Sabandal passed the 1978 Bar Examinations Examinations but because of pending administrative complaints complaints filed against him
when he called himself ―attorney‖ ―attorney‖ knowing full well that he was not yet admitted to the Bar, he was not allowed to take the lawyer‘s oath. Opposi sufficiently show that respondent had held himself out as an attorney in the agrarian, civil and criminal cases and he was paid paid for his ―legal services petition to be admitted admitted to the Philippine Philippine Bar and to be allowed allowed to sign the Roll Roll of Attorneys. In a resolution promulgated promulgated on November November 29, 1983 re denied. Respondent asks for forgiveness, understanding understanding and benevolence and promises that, if given a chance to be a member of the Phil. Bar, he w faithful to the lawyer‘s oath and conduct himself in an upright manner.
HELD:
Whether or not not respondent shall be admitted admitted to the Philippine Philippine Bar rests rests to a great great extent in the sound discretion discretion of the Court. An applic Court that he is a person of good moral character, fit and proper to practice law. Sabandal hereby allowed to take the lawyer‘s oath A.C. No. 3523 January 17, 2005
RASMUS G. ANDERSON, JR .,., petitioner, vs. ATTY. REYNALDO A. CARDEÑO, respondent.
Administrative case against Atty. Reynaldo A. Cardeño for malpractice and neglect of duty, stemming from his alleged neglect or deliberate misha
Held: SUSPENDED (6) months and WARNED that any similar infraction in the future will be dealt with more severely.
Thus, respondent‘s defenses that the complainant was "uncooperative" as a client, that the voluminous records turned over to him were in disarray, complainant did not disclose to him certain particulars of the case, are all unavailing. Thus, in view of the fact that he remained counsel of record f was highly irregular for him to entrust the filing of the Motion for Reconsideration to other people who did not lawfully appear interested in the sub As a lawyer representing the cause of hi s client, he should have taken more control over the handling of the case.
―Respondent should should know that as a lawyer, he owes fidelity to the cause of his client. When When a lawyer accepts a case, his acceptance is an implied re possesses the requisite requisite academic learning, skill skill and ability to handle handle the case. The lawyer has the duty to exert exert his best judgment in the prosecution entrusted entrusted to him and to exercise reasonable and ordinary care and diligence in the pursuit or defense of the case.‖ [A.M. case.‖ [A.M. No. 5925. March 11, 2003]
RUBY MAE BARNACHEA, complainant, vs. ATTY. EDWIN T. QUIOCHO, respondent.
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Complainant engaged engaged the legal services of respondent for the latter to cause the transfer under her name of the title over a property previously own Read Free Foron 30this Days Sign up to vote title Complainant was able to pay respondent for legal fees. Respondent failed. Complainant demanded that respondent refund to her t he legal fees and return theUseful documents which earlier entrusted to Notshe useful Cancel anytime. failed to comply with said demands.
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Held: SUSPENDED for 1 year; repetition of violation will be dealt severely. PAY the complainant.
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bond in a Civil Case Case when no such bond bond was required. Respondent Respondent did not appear in the administrative administrative proceedings proceedings to clear his name. Respondent amount, complainant withdrew withdrew the estafa case but proceeded with the administrative case.
Held: DISBARRED. There is no doubt that respondent is guilty of having used the money of his clients without their consent. Money collected by of a judgment in favor of his clients is held in trust and must be immediately turned over to t hem
Respondent, by converting the money of his clients to his own personal use without their consent , and by deceiving the compl ainant into giving hi P2,000.00 purportedly purportedly to be used as a bond which was not required, is, undoubtedly, guilty of deceit, malpractice and gross misconduct. By so doin confidence reposed in him by his clients. Not only has he degraded himself but as an unfaithful lawyer he has besmirched the fair name of an hono
―When an attorney unjustly retains in his hands money of his client after it has been demanded he may be punished for contempt contempt as an officer of the misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution.‖ [A. C. No. 5485. March 16, 2005]
ELMER CANOY, complainant, vs. ATTY. JOSE MAX ORTIZ, respondent.
Canoy was among those low-income clients whom Atty. Ortiz deigned to represent. He claims having prepared the position paper of Canoy, but be the same, the Labor Arbiter had already issued the order dismissing the case. Atty. Ortiz admits though that the period within which to file the posi lapsed. He attributes this failure to timely file the position paper to the fact that after his election as Councilor becausehe because he was too busy.‖ Eventually his other cases and his free legal services. Complainant filed this complaint but later on withdrew .
Held: SUSPENDED: (1) month, with WARNING that a repetition of the same negligence will be dealt with more severely.
Still, the severance of the relation of attorney-client is not effective until a notice of discharge by the client or a manifestation clearly indicating tha the court or tribunal, and a copy thereof served upon the adverse party, and until then, the lawyer continues to be counsel i n the case.
Assuming that Atty. Ortiz was justified in terminating his services, he, however, cannot just do so and leave complainant in the cold unprotected. In requires that a lawyer who withdraws or is discharged shall, subject to a lien, immediately turn over all papers and property to which the client is cooperate with his successor in the orderly transfer of the matter. Atty. Ortiz claims that the reason why he took no further action on the case was t that Canoy had acquired the services of another counsel. Assuming that were true, there was no apparent coordination between Atty. Ortiz and this
―There are no good reasons that would justify a lawyer virtually abandoning the cause of the client in the midst of litigation litigation without even informing or cause of desertion. That the lawyer forsook his legal practice on account of what might be perceived as a higher calling, election to public office dereliction of professional duty. Suspension from the practice is the usual penalty, and there i s no reason to deviate from the norm in this case.‖ [A.C. No. 5817. May 27, 2004] EMMA V. DE JUAN, complainant, vs. ATTY. OSCAR R. BARIA III, respondent.
Petitioner was terminated without notice or explanation so she filed a complaint before the NLRC against the c ompany for illegal dismissal. In sear asked the assistance of BBC which assigned respondent to handle her labor case. On December 29, 1999, the Labor Arbiter rendered a decision in The Company appealed to the NLRC. In a decision promulgated on September 24, 2001, the NLRC reversed the Labor Arbiter and de clared there dismissal.
Complainant blamed respondent respondent for the reversal. She said that she came came to know of the reversal of the Labor Arbiter‘s decision when she called res 2001. When she asked the respondent what they should do, respondent answered, ―Paano iyan i ha…eh…hindi ako marunong gumawa gumawa ng Motion f
Issue: The core issue is whether the respondent committed culpable culpable negligence, as would warrant disciplinary action, in failing to f ile for the comp reconsideration from the decision of the NLRC.
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Respondent failed to do such. Demands to give back the money were made but to no avail, thus this administrative charge. Despite due notice, resp the IBP administrative hearings.
Held: SUSPENDED for six (6) months, with WARNING that repetition of the same will merit more severe penalty, and is ORDERED to RETUR money with interest. A LAWYER OWES FIDELITY to the cause of his client mindful always of the trust and confidence reposed in him. An attorney-at-law must serv competence and diligence at all times, and never neglect a legal matter entrusted to him, for it i s his sworn duty to delay no man for money or mali himself in a proper manner not just to his client, but also to the court, the legal profession and society at large. Respondent‘s lamentable lamentable attitude towards his client‘s case is clearly evident from his apparent disinterest in his own case f or or disbarment. Dioneda n present evidence in his his defense. He disregarded disregarded all notices sent to him by the IBP Commission Commission on Bar Discipline, Discipline, which were personally served served at never appeared before the Commission despite several opportunities opportunities to do so and explain his side. ―The primary objective of administrative cases against lawyers is not only to punish and discipline the erring individual lawyers lawyers but also t o safegua of justice by protecting the courts and the public from the misconduct of lawyers, and to remove from the legal profession persons whose utter disr oath has proven them unfit to continue discharging the trust reposed in them as members of the bar. A lawyer may be disbarred or suspended for m his professional or private capacity, which shows him to be wanting in moral character, honesty, probity and good demeanor or unworthy to contin court.‖ [A.C. No. 1526. January 31, 2005]
NAZARIA S. HERNANDEZ (DECEASED), SUBSTITUTED BY LUCIANO S. HERNANDEZ, JR., complainant, vs. ATTY. JOSE C. GO
Complainant engaged engaged respondent‘s services, she entrusted to him her land titles and a llowed him to sell her lots, believing that that the proceeds thereof her creditors. Respondent abused her trust and confidence when he did not sell her properties to others but to himself and spent his own money to p Obviously, Obviously, had he sold the lots to other buyers, complainant could have earned more. Records show that she did not receive any amount from respo
Held: DISBARRED. ―A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.‖
Such conduct on the part of respondent degrades not only himself but also the name and honor of the legal profession. He violated this Court‘s man at all times conduct themselves, especially in their dealing with their clients and the public at large, with honesty and int egrity in a manner beyond ―A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.‖
Membership in the legal profession is a privilege. When it appears that an attorney is no longer worthy of the trust and confidence of his clients and not only the right but also the duty of this Court to withdraw the privilege. Respondent, by his conduct, blemished not only his integrity as a membe the legal profession.
Public interest requires that an attorney should exert his best efforts and ability to protect the interests of his c lients. A lawyer who performs that candor not only protects his client‘s cause; he also serves the ends of justice of justice and does honor to the bar and helps maintain the respect respect of the commu profession.
G.R. No. L-961 September 21, 1949 BLANDINA GAMBOA HILADO, petitioner, vs. JOSE GUTIERREZ DAVID, VICENTE J. FRANCISCO, JACOB ASSAD and SELIM J respondents.
Petitioner alleged that she and the counsel for the defendant had an attorney-client attorney-client relationship with her when, before the trial of the case, she went counsel, gave him the papers of the case and other information relevant relevant thereto, although she was not able to pay him legal fees. ―That respondent‘s the plaintiff a written opinion over his signature on the merits of her case; that this opinion was reached on the basis of papers she had submitted at Hilado's purpose in submitting those papers was to secure Attorney Francisco's professional services.‖ Atty. Francisco appear ed ed as counsel for defe not object to it until (4) months after. Then, plaintiff moved to dismiss the case between her and defendant.
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: Was there an attorney-client relationship between plaintiff and Atty. Francisco?
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YES. In order to constitute the relation a professional one and not merely one of principal andUseful agent, the attorneys be employed either t Notmust useful Cancel anytime. legal point, to prosecute or defend an action in c ourt of justice, or to prepare and draft, in legal form such papers as deed s, bills, contracts and the li
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To constitute professional employment it is not essential that the c lient should have employed the attorney professionally on any previous occasion.
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payment of such fee, fee, in the absence of an express express understanding to the contrary, contrary, is neither made nor received in payment of the services contempl relation to the obligation of the client to pay his attorney for the services which he has retained him to perform." [A.C. No. 5804. July 1, 2003]
BENEDICTO HORNILLA and ATTY. FEDERICO D. RICAFORT, complainants, vs. ATTY. ERNESTO S. SALUNAT, respondent.
An SEC Case was filed by the PPSTA against its own Board of Directors. Respondent admits that the ASSA Law Firm, of which he is the Managi retained counsel of PPSTA. Yet, he appeared as counsel of record for the respondent Board of Directors in the said case. Complainants contend tha guilty of conflict of interest because he was engaged by the PPSTA, of which complainants were members, and was being paid out of its corporate complainants have contributed. contributed. Despite being told by PPSTA members of the said conflict of interest, respondent refused to withdraw his appearan
Held: GUILTY of representing conflicting interests and is ADMONISHED to observe a higher degree of fidelity in the practice of his profession. repetition of the same or similar acts will be dealt with more severely.
RULE 15.03. – 15.03. – A A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts
In other jurisdictions, the prevailing rule is that a situation wherein a lawyer represents both the corporation and its assailed directors unavoidably g of interest. The interest of the corporate client is paramount and should not be influenced by any interest of the individual corporate officials. The r have persuasive effect upon us. After due deliberation on the wisdom of this doctrine, we are sufficiently convinced that ―a lawyer engaged as coun cannot represent members of the same corporation‘s corporation‘s board of directors in a derivative suit brought against them. To do so would be tantamount to r conflicting interests, which is prohibited by the Code of Professional Responsibility.‖ A.C. No. 3283 July 13, 1995
RODOLFO MILLARE, MILLARE, petitioner, vs. ATTY. EUSTAQUIO Z. MONTERO MONTERO, respondent.
Complainant obtained a favorable judgment from the MTC which ordered respondent‘s client to vacate the premises subject of the the ejectment case. appealed the decision. CA dismissed Co's appeal from the decision of the RTC for failure to comply with the proper procedures. Respondent therea devious and underhanded means to delay the execution of the judgment rendered by the MTC adverse to his client.
Held: SUSPENDED for (1) year. Rule 12.02. — 12.02. — A A lawyer shall not file multiple actions arising from the same cause. Rule 12.04. — 12.04. — A A lawyer shal case, impede the execution of a judgment or misuse court processes.
Under Canon 19 of the Code of Professional Responsibility, a lawyer is required to represent his client "within the bounds of the law." The Code en employ only fair and honest means to attain the lawful objectives of his client (Rule 19.01) and warns him not to allow his c lient to dictate the proc case (Rule 19.03). In short, a lawyer is not a gun for hire.
It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of dilatory motions, repetitious litigation and frivolous app purpose of frustrating and delaying the the execution of a judgment. judgment.
A judgment can be annulled only on two grounds: (a) that the judgment is void for want of jurisdiction or for lack of due process of law, or (b) that by fraud.
Judging from the number of actions filed by respondent to forestall the execution of the same judgment, respondent is also gu ilty of forum shoppin exists when, by reason of an adverse decision in one forum, defendant ventures to another for a more favorable resolution of his case. [A.C. No. 5085. February 6, 2003]
PABLITO SANTOS, complainant, vs. ATTY. ALVARO BERNABE LAZARO, respondent.
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GUILTY of negligence in protecting the interest of his client. SUSPENDED for (6) months.
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Rule 18.03 of the Code of Professional Responsibility explicitly provides that negligence negligence of lawyers in connection with legal matters entrusted to th render them liable. It is a basic postulate in legal ethics that when a lawyer takes a client‘s cause, he enants that he will exercise due diligence in
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The breach of respondent‘s sworn duty as a lawyer and of the ethical standards he was strictly to honor and observe has has been sufficiently establishe fallen short of the competence and diligence required of every member of the Bar.
CANON 17. – 17. – A A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CON REPOSED IN HIM. CANON 18. – 18. – A A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE Rule 18.03 – 18.03 – A A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable .
Respondent erred in not returning returnin g complainant‘s money despite despite demands after his failure to file the case and his devious act of compelling complai document stating that he has no financial obligation to complainant in exchange of the return of complainant‘s papers. This conduct conduct violated the
CANON 15. – 15. – A A LAWYER SHALL OBSERVE CANDOR, FAIRNESS, AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS W Rule 16.03. – 16.03. – A A lawyer shall deliver the funds and property of client when due or upon demand.
The failure of an attorney to return the client‘s money upon demand gives rise to the presumption that he has misappropriated it for his own use to t violation of the trust reposed in him by the client. It is not only a gross violation of the general morality as well as of professional ethics; it also imp in the legal profession and deserves punishment. In short, it is settled that the unjustified withholding withholding of money belonging to his c lient, as in this ca imposition of disciplinary action.
A lawyer must conduct himself, especially in his dealings with his clients, with integrity in a manner that is beyond reproach. His r elationship with characterized by the highest degree of good faith and fa irness.
Regala vs. Sandiganbayan Sandiganbayan
PCGG want to build up their case a gainst Eduardo Coujuanco Coujuanco for the anomalies in the COCO LEVY FUNDS. PCGG wants petitioners divulge tha was a client of their firm, as well as other information regarding Cojuangco. Cojuangco.
Issue: Can the PCGG compel compel petitioners to divulge its client‘s name? Held: NO.
As a matter of public policy, a client‘s identity should not be shrouded in mystery. The general is that a lawyer may not invoke invoke the privilege and ref name or identity of his client.
1) the court has a right to know that the client whose privileged information is sought to be protected is flesh and blood. 2) the privilege begins to exist only after the attorney-client relationship has been established. The attorney-client privilege privilege does not attach until the 3) the privilege generally pertains to the subject matter of the relationship.
Finally, due process considerations require that the opposing party should, should, as a general rule, know his adversary. ―A party suing suing or sued is entitled t opponent is.‖ He cannot be obliged to grope in the dark against unknown forces.
Except: 1) Client identity is privileged where a strong probability exists that revealing the client‘s name would implicate that client client in the very activity for lawyer‘s advice. 2) Where disclosure would open the client to civil liability, his identity is privileged. 3) Where the government‘s lawyers have no case against an attorney‘s client unless, by revealing the client‘s name, the said name would furnish th form the chain of testimony necessary to convict an individual of a crime, the client‘s name is privileged. Read Free Foron 30this Days Sign up to client's vote title That client identity is privileged in those instances where a strong probability exists that the disclosure of the identity would implicate the c criminal activity for which the lawyer‘s legal advice was obtained. Useful Not useful Cancel anytime.
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Case Digest on Cleto Docena vs. Atty. Dominador Q. Limon (295 SCRA 262) – Lawyer Lawyer Unlawful Conduct
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Held: REPRIMANDED. A high sense of morality, honesty and fair dealing is expected and required of a member of the bar. Rule 1.01 pr ovides th
engage in unlawful, dishonest, immoral or deceitful deceitfu l conduct. While Pascual may not strictly be considered a client of respondent, the rules relating of funds of a client is still applicable, thus, lawyers are bound to promptly account for money or property received by them on behalf of their client constitutes professional misconduct. misconduct. Also, even if he was acting as a prosecutor, Canon 6 provides that these canons shall apply to lawyers in gove discharge of their official tasks.
Case Digest on Renato S. Ong & Francia N. Ong v. Court of Appeals, Inland Trailways, Inc. & Philtranco Service Enterprise, Inc. (301 SC Fees Facts: Renato Ong was injured during during a vehicular collision. He was awarded damages by the trial court. On appeal, the CA, the awards for actua
damages & attorney‘s fees were reduced because (1) the cost & feasibility of corrective surgery had not been adduced in evidence, evidence, (2) the documen actual damages was not formally offered in evidence and (3) no evidence but the bare assertion of counsel was put forward to prove damages for u based on any of the Held: Attorney‘s fees is an indemnity for damages ordered by a court to be paid by the losing party to the prevailing party, based on
law. It is payable not to the lawyer but to the client, unless the 2 have agreed that the award shall pertain to the lawyer lawyer as additional compensation Court has established a set of standards in fixing the amount of attorney‘s fees. Counsel‘s performance, however, does not justify the award of 25 p fees. The nature of the case was not exceptionally difficult, and his handling handling of the case was sorely inadequate, as shown shown by his failure to follow e civil procedure & evidence. It is well-settled that such award is addressed to sound judicial judicial discretion and subject to judicial control. control.
Case Digest on Teodulfo B. Basas vs. Atty. Miguel I. Icawat (Duty to Client/Accounting of Client’s Money/Negligence)
Facts: Atty. Miguel Icawat was the lawyer for Teodulfo Basas and some other laborers in their complaint against their employer. The NLRC rende
decision. Basas and his fellow workers, however, insisted that they appeal the decision. Atty. Icawat, however, failed to file the required memoran filed an administrative complaint, also alleging that Atty. Icawat issued a receipt for an amount less than that which they h ad paid him.
Held: GUILTY. GUILTY. Respondent‘s failure to file the memorandum of appeal required by the NLRC Rules of Procedure reveals his poor grasp of la bor l practically admitted that he did not file the memorandum. memorandum. His failure failure to file the memorandum memorandum clearly prejudiced prejudiced the interests of his clients. Respon short of the diligence required of his profession, in violation of Canon 18 of the Code of Professional Responsibility, Responsibility, which mandates that a lawyer with competence and diligence. Rule 18.03 further provides that a lawyer shall not neglect a legal matter entrusted to him, and his negligence in co shall render him liable. For his failure to issue the proper receipt for the money he received from his clients, re spondent also violated Rule 16.01 of Professional Responsibility Responsibility which states that a lawyer shall account for all money money or property collected or received for or from the client. The Cour the amount of PhP 500, with a warning that a repetition of the same offense or a similar misconduct will be dealt with more severely. Case Digest In Re: Vicente Y. Bayani (Duty to the Court/Negligence of a Lawyer)
Facts: Atty. Vicente Bayani was the lawyer for the appellant in a criminal case. He failed to submit his proof of service in his appellant‘s appellant‘s brief whic caused the inability of the appellee to file his own brief. The IBP was order to investigate on the matter and despite repeated notices, Bayani failed service and his answer to the IBP‘s query. Hence, this administrative complaint.
failure to submit the required comment manifest willf Held: GUILTY. Atty. Bayani‘s failure to submit proof of service of appellant‘s brief and his failure
lawful orders of the Supreme Court, a c lear violation of the canons of professional ethics. It appears that Atty. Bayani has fallen short of the circum member of the Bar. A counsel must always remember that his actions or omissions are binding on his clients. A lawyer owes his client the exercise and capability in that representation. Further, lawyers are expected to be acquainted with the rudiments of law and legal procedure and anyone who the right to expect not just a good amount of professional learning and competence competence but also a whole-hearted whole-hearted fealty to his client‘s cause. Having bee the Court and to the Bar, Atty. Bayani was suspended from the practice of law for 3 months and until the time he complies with the Order of the Su the required proof of service.
Case Digest on Office of the Court Administrator vs. (Judge) Florentino S. Barron (297 SCRA 376) Impropriety
Facts: Judge Barron was arrested during an entrapment entrapment operation when he tried to solicit bribes bribes from an American national in exchange for ruling a pending case.
Held: Judge dismissed. dismissed. A judge should always always be a symbol of rectitude and propriety, comporting himself in a manner that will raise no doubt wh honesty. The conduct of respondent respondent shows that he can be influenced by monetary considerations. His act of demanding and receiving money money from constitutes serious misconduct misconduct in office. It is this kind of gross and flaunting misconduct, no matter how nominal the amount involved, involved, which erod law and the courts.
Case Digest your on Sarah B.semester Vedana vs. Judge Eudarlo B. Valencia (295 SCRA 1) Impropriety Master with Scribd Read Free Foron 30this Days Sign up to vote title Facts: & The New York Times Useful Not useful
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Held: Respondent guilty guilty of violating Canons 2, 3 and 22 of the Code of Judicial Ethics. Ethics. The Code mandates mandates that the conduct of a judge must be fr impropriety not only with with respect to his performance of his judicial duties, but also to his behavior outside his sala and as a private individual.
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Held: Case remanded. Canon 18 required every lawyer to serve his client with utmost dedication, competence and diligence. He must not neglect a
to him, and his negligence in this regard renders him administratively liable. In this case, the defense lawyers did not protect, much less uphold, th the accused. N.B. Case remanded because because of error by the judge judge in not using searching searching questions to find if the plea was made made knowingly. knowingly.
Case Digest on Rodolfo P. Velasquez v. CA & PCIB (GR No. 124049, June 30, 1999) Negligence of Counsel
Facts: As an incident in the main case, V appointed his counsel as attorney-in-fact to represent him at the pre-trial. Counsel failed to appear, hence default. The order of default was r eceived by counsel but no steps were taken to have it lifted or set aside.
Held: Binding on V. V was also guilty of negli8gence because after making the special power of attorney, he went abroad and paid no further atten he received the decision. Thus, no FAME which will warrant a lifting of the order.
Case Digest on Regalado Daroy vs. Esteban Abecia Lawyer on Property Under Litigation Facts: Daroy was plaintiff in a forcible forcible entry case. He hired Abecia as his lawyer lawyer and won. To satisfy the award award for damages, a parcel of land o
to Daroy at an execution sale. The land was then sold to Daroy‘s relative, who then sold it to Abecia‘s wife. He now claims that these these sales are vo forged his signature on the deeds of sale. sale. IBP disbarred Abecia. Abecia.
Held: Reversed. The evidence shows that Daroy was a party to the sale at the time ot was made and did not ―discover‖ it 9 years later as he claime claime
defrauded
Case Digest on Ruferto Gutierrez and Maritess Passion vs. Judge Estanislao S. Belan (294 SCRA 1) Lawyer Qualifications
Facts: Concerned citizens of Binan Laguna Laguna charged respondent respondent MTC judge with conduct prejudicial prejudicial to the best interest of the service. They claim for failure to disclose a previous charge for two criminal offenses in his written application to the JBC.
Held: Judge is dismissed. Every prospective appointee appointee to the judiciary must apprise the appointing appointing authority of of every matter bearing on his fitness
including such circumstances circumstances as may reflect on his integrity and probity. probity. These are qualifications specifically specifically required of appointees to the judicia 7(3) of the Constitution. The act of concealing the two criminal cases against him is a clear proof of his lack of the said qualification and renders renders h judge- even if he was ultimately ultimately acquitted. He is not being chastened chastened for having had had a pending criminal criminal case at the time of his application for a jud his dishonesty and misrepresentation misrepresentation in the process of seeking that office.
Case Digest on Re: Leaves of Absence Without Approval of Judge Eric T Calderon, Municipal Trial Court Judge of Calumpit, Bula can (3 Misconduct
Facts: Administrative case against Judge C for incurring leaves of absence for an almost straight period of 3 years. His excuse is that he was suffe
illness of malignant hypertension. However, However, despite the fact that medical certificates were presented in hi s favor, most were made by his personal d doctor). Also, the tests given by the Court physician contradict the diagnosis given by his doctor.
Held: Guilty of gross misconduct and abandonment of office, judge dismissed. Judge C should have been more conscious of his court duties, as we
his actuations, than he has shown in the performance of his functions and the discharge of his responsibilities to the Court and the citizenry. Further aware that, in frequently leaving his station, he has caused great disservice to many litigants and has denied them speedy justice. From the record concluded that he had habitually abandoned his sala for no justifiable excuse at all. The doctrine of res ipsa loquitor , that the Court may impose its judges whose actuations, on their face, would would show gross incompetence, incompetence, ignorance ignorance of the law, or misconduct, misconduct, is patently applicable to the instant instant c
Case Digest on Republic of the Philippines vs. Court of Appeals (296 SCRA 171) Gross Misconduct
Facts: Petitioner filed a case for recission against the Quetulios and Abadillas alleging that the former sold the land that had already been expropri
not file an answer, but at the hearing on the motion for default, co-defendant Hernando was permitted by the judge to appear as counsel for the defe answer.
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Case reinstated. Evidently, Evidently, when respondent Hernando Hernando appeared before before the trial court and filedup thetoAnswer/Motion Avote nswer/Motion to dismiss, dismiss, he was still Read Free Foron 30this Days Sign title does so from the practice of law. A suspended lawyer, during his suspension, suspension, is certainly prohibited prohibited from engaging in the practice of law, and if he Useful Not useful disbarred. The reason is that, his continuing continuing to practice the profession during his suspension suspension constitutes aCancel grossanytime. misconduct and a willful disregard misconduct order, which should be obeyed though how erroneous it may be until set aside. Special offer for students: Only $4.99/month.
Case Digest on Flaviano B. Cortes v. Judge Emerito M. Agcaoili (249 SCRA 423) Impropriety
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Facts: S was a judge and the publisher/columnist publisher/columnist for a tabloid; he was also a writer for another paper. G charges him with using his columns to ven has repeatedly used insulting and inflammatory language language against the governor and the provincial prosecutor and legal adviser.
Held: JUDGE DISMISSED. While S has the right to free speech, his writing of vicious editorials compromise his duties as judge in th e impartial a justice. They reflect reflect both on his office and on the officers he ridicules. The The personal behavior behavior of a judge in his professional professional and everyday everyday life shoul appearance of impropriety. Improper conduct erodes the public confidence in the judiciary. Case Digest on Benjamin Sia Lao vs. Hon. Felimon C. Abelila III (295 SCRA 267) Impropriety
Facts: in a family dispute over a parcel of land, respondent judge committed committed acts of forcible entry, attempted to deny complainant complainant of possession d latter‘s favor. He also gave firearms to his men in order to assault complainant‘s workers. Respondent also fled from police when when called in for que
DISMISSED. A judge is the visible representation of the law and the embodiment of the people‘s sense of justice justice and that, acco Held: Respondent DISMISSED.
constantly keep himself away from any act of impropriety, not only in the performance of his official duties but also in his everyday actuations. a greater demand on moral righteousness righteousness and uprightness of an individual than than perhaps a seat in the judiciary. A judge must be the first to abide by an example for the others to follow.
Case Digest on Spouses Benedicto & Rose Godinez v. Hon. Antonio Alano and Sheriff Alberto Ricardo Alano (303 SCRA 259) Impropriet
Facts: G charged A with committing irregularities irregularities in a civil case for sum of money. In said case, a writ of preliminary attachment was issued and t kept in Judge A‘s house. The court investigator found that the writ was improperly issued because the allegations of fraud and attempts to abscond bare assertions and not not substantiated by the facts.
Held: FINED. The writ was issued in error. But in order to merit a disciplinary sanction, the error or mistake committed by a judge should be paten
deliberate, or done in bad faith. Absent a clear showing that the judge has acted arrantly, the issue becomes judicial in character and would not pro imposition of administrative punishment. punishment. Judge A is fined for storing the effects in his house and their intent to charge storag e fees. Judges should the appearance of impropriety.
Case Digest on Gregorio & Teresita Lorena v. Judge Adolfo Encomienda (302 SCRA 632) Impropriety
Facts: Spouses Lorena were evicted from the property of Judge E‘s brother. They refused to vacate. The mayor invited the parties to a conciliation
refused. The owners allowed them to stay on the condition that they sign a written promise to leave after the grace period. When L refused, E phon convince him to sign. L still refused, E then said: ―mga ta rantado, mabulok kayo sa kalabos!‖ kalabos!‖ and slammed the phone down. L accuses a ccuses E and his co authority for later throwing them in jail.
Held: REPRIMANDED. Although the charges against E were refuted by evidence, the serious nature of the tasks of judges requires them to be public and their private private dealings. As they are ―expected to rise above human frailties‖ frailties‖ they must, in all their activities, avoid not not only impropriety of impropriety. Hence, E should not have called L by [hone – [hone – which which gave the impression of undue pressure and influence. He should not have curse a judge‘s behavior must be beyond reproach. Case Digest on Felicidad L. Oronce, et al. v. Court of Appeals, et. al. (298 SCRA 133) Gross Misconduct Facts: During a dispute over land, Flaminiano Flaminiano illegally took possession possession of the property in litigation using abusive abusive methods. She was aided by her lawyer. The illegal entry took place while the case was pending in the CA & while while a writ of preliminary injunction was in force.
Held: Atty. Flaminiano‘s acts of entering the pro perty without the consent consent of its occupants occupants & in contravention contravention of the existing writ or preliminary i
utterances showing disrespect for the law & this Court, are unbecoming of a member of the Bar. Although he says that they ―peacefully‖ took to ok over ―peaceful‖ take-over take-over cannot justify defiance of the writ of preliminary injunction injunction that he knew was still in force. Through his acts, he has flouted h of the legal profession. Under the Code of Professional Responsibility, Responsibility, he is prohibited from counseling or abetting ―activities aimed at defiance of confidence in the legal system.‖
Case Digest on Romulo F. Manuel v. Judge Demetrio d. Calimag (307 SCRA 657) Gross Misconduct Facts: M charged C with selling him a stolen car, for which he was arrested.
Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title & The New York Times Useful Not useful Case Digest on Erlinda Alonto-Frayna v. Judge Abdulmajid Astih (300 SCRA 199) Gross Misconduct
Held: CASE DISMISSED. No evidence to substantiate the charges. The SC also said that to warrant dismissal for misconduct, it must be shown th serious and has a direct relation to his official duties amounting to misadministration, misadministration, or intentional neglect and failure to discharge said duties. complained of must be so corrupt or inspired by an intention to violate the law.
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Facts: Judge Asith did not act on the case of the herein complainant complainant for over 2 years despite the orders and directives of the Office of the Court A it without delay. In addition, when asked to explain explain his actions before the SC, respondent failed to reply
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Case Digest on Julieta B. Narag vs. Atty. Dominador M. Narag (291 SCRA 451) Gross Immoral Conduct
Facts: Atty. Narag‘s spouse filed a petition for disbarment in the IBP alleging that her husband courted one of his students, later later maintaining her as children by her. Atty. Narag claims that his wife was a possessive, jealous woman woman who abused him and filed the complaint out of spite. IBP disba petition.
Held: Narag failed to prove his innocence because because he failed to refute the testimony given against against him and it was proved that his actions were of pu brought disrepute disrepute and suffering to his wife and children. Good moral character character is a continuing qualification qualification required of of every member of the bar. fails to meet the exacting standard of moral integrity, integrity, the Supreme Court may withdraw his or her privilege to practice law. (Canons 1&7, Rule 7. Lawyers) It is not only a condition precedent precedent to the practice of law, but a continuing qualification for all members. Hence when a lawyer is found immoral conduct, he may be suspended or disbarred. Grossly immoral means it must be so corrupt as to c onstitute a criminal act or so unprincipled to a high degree or committed under such scandalous or revolting circumstances as to shock the common sense of decency. As a lawyer, one must adulterous relationships but must must not behave in a way that scandalizes the public by creating a belief that he is flouting those moral standards. Case Digest on Jesus Conducto vs. Judge Iluminado C. Monzon (291 SCRA 619) Gross Ignorance of the Law
Facts: Respondent judge judge was charged with gross gross ignorance of the law. law. He refused to suspend suspend the mayor due to criminal charges charges against the latte unlawful appointment. appointment. The judge opined opined that an official cannot be suspended for something something that has happened in a previous term. Settled jurispru applies to administrative, not criminal cases.
Held: Fined for P5000. While judges should should not be disciplined for inefficiency on account account merely of occasional mistakes or errors of judgmen be conversant with basic basic legal principles. principles. A judge is called upon upon to exhibit more more than just cursory acquaintance with the statutes and and procedural ru that he be conversant with the basic legal principles and aware of well-settled and authoritative authoritative doctrines. Also, if he did the act deliberately, he v Canons of Judicial Ethics directs a judge to administer his office with due regard to the integrity of the system of the law itself, remembering that h arbitrary power, but a judge under the sanction of law. An RTC judge cannot overturn a settled doctrine laid down by the Supreme Court, otherwis endless. Case Digest on Rosalia Villaruel, et al v. Grapilon, et al: In the Matter of the Petition to Remove Atty. Jose A. Grapilon as President, IBP Abuse of Authority
Facts: G was accused of 16 IBP employees who sought his removal as IBP President for: Immorality, questionable disbursements of funds, dishon
over IBP donations from private individuals, refusal to turn over records and money pertaining to the the Employees‘ Loan Savings Association, Appro Property, Extending loans to IBP employees, oppression/harassment, appointment appointment of unworthy employees and relatives and organization of a secre regarding legal ethics is whether the SC can assume jurisdiction or should it be considered a labor dispute under the jurisdiction of the NLRC.
Held: Charges dropped. All the accusations of the petitioners were either unsubstantiated or refuted by controverting evidence. As to the issue of ju previously assumed assumed administrative administrative jurisdiction over over the IBP president. If the petitioners petitioners allege that the IBP terminated them them as an act of reprisal an this would constitute gross abuse of authority and serious misconduct – misconduct – warranting warranting the use of the SC‘s supervisory powers over the IBP. Lastly, ev wrongful act, G is ordered to transfer the funds of the savings and loan association to an account in their name to prevent the appearance and suspi Case Digest on Victoriano P. Resurreccion v. Atty. Ciriaco C. Sayson (300 SCRA 129)
Facts: respondent was accused of having appropriated for his own benefit the amount of P 2, 5000.00 representing the amount amount which wa s delivere
to the respondent as compensation or settlement money of a case for homicide thru reckless imprudence. Sayson did not turn over the amount to hi Complainant in the criminal case, forcing Resurreccion to pay the same amount amount again. Sayson was later later convicted for estafa.
Held: Sayson DISBARRED. DISBARRED. Good moral character character is not only a condition precedent to admission admission to the legal profession, profession, but it must also remain maintain one’s good standing in that exclusive exclusive and honored fraternity. fraternity. Acts of moral turpitude (i.e. done done contrary to justices, honesty & good good mor falsification render render one unfit to be a member of the legal proession. proession. Also, Sayson’s Sayson’s acts of delaying delaying the hearings hearings before the OSG the OSG and the IBP reinfo
Case Digest on Tomas Cabulisan v. Judge Adrian N. Pagalilauan (297 SCRA 593) Good Moral Character
Facts: Cabulisan filed an administrative complaint against against respondent for grave misconduct committed as follows : (1) peeping into the bathroom
Dumayas, a public health nurse, and daughter of the owner of the house where he was boarding, was then taking a bath; (2) having a mistress in the and (3) allowing local practitioners to write decisions for him.
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Respondent filed for voyeurism, voyeurism, other charges dismissed for lack of evidence. evidence. People who run the judiciary, judiciary, particularly justices and judge proficient in both the the substantive and procedural aspects of the law, law, but more importantly, importantly, they must poup ssess highest degree de gree on integrity and pr Read Free For 30this Days Signpossess tothe vote on title unquestionable unquestionable moral uprightness both in their public and private lives. By committing the acts in question, respondent violated the trust reposed in Useful Not useful to live up to the noble ideals and rigid standards of morality required in the judicial profession. Cancel anytime.
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Case Digest on Ban Hua U. Flores v. Atty. Enrique S. Chua (306 SCRA 465) Falsehood/Forum-shopping/Dilator Falsehood/Forum-shopping/Dilatoryy Tactics
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shows the negligence of the new counsel to actively recover the records of the case. Counsel should have taken adequate steps to fully protect the i rather than pass the blame on the previous counsel. counsel. A motion to postpone trial on the ground that counsel is unprepared for trial demonstrates indiff of his client‘s interest. A new counsel who appears i n a case in midstream is presumed and obliged to acquaint himself with all all the antecedent proce that have transpired prior to his takeover. Also, even if counsel had been ill with dengue, he chose not to notify his co-counsels who could have con examination.
Case Digest on Eternal Gardens Memorial Park Corporation vs. Court of Appeals (293 SCRA 622) Assisting in the Speedy Administration Facts: Judgment was rendered rendered against the petitioner ordering it to reconvey the cemetery cemetery to the rightful owners. Despite the final decision of the
to prevent the execution for 17 years, and thus render the judgment ineffectual. They filed several petitions and motions for reconsideration with th CA despite the fact that it would never prosper as the trial court‘s court‘s decision had long become final before the said petitions were filed.
are al Held: Petition denied. While lawyers owe their entire devotion to the interest of the client and zeal in the defense of their client‘s right, they are
court, bound to exert every effort to assist in the speedy and efficient administration administration of justice. They should not misuse misuse the rules of procedure to de or unduly delay a case, impede the execution execution of a judgment or misuse court processes. processes. The facts and the law should advise them that that a case such a permitted to be filed to merely merely clutter the already congested judicial dockets. They do not not advance the cause of of law or their clients by commencing commencing sheer lack of merit do not deserve the attention of the courts.
Case Digest on Atty. Raula A. Sanchez v. Judge Augustine A. Vestil (298 SCRA 1)
Facts: Complainant charged RTC Judge Vestil with falsifying his monthly certificate of service submitted to the SC by stating that he has no pendi decision or resolution that has gone beyond the NINETY (90) day period allowed by law when in fact there were numerous civil & criminal cases failed to resolve within the said period. Respondents say most of the cases were either inherited & substantially heard by other judges, or that they whose stenographic notes were yet to be transcribed – transcribed – and and these are excepted from being included the certificate by a proviso contained therein.
Held: Respondent Judge Judge suspended and fined. Judges are mandated to decide cases seasonably. seasonably. Judges who cannot comply comply with such mandate sh
time, explaining in their request the reasons reasons for the delay. Neither the proviso nor the fact that notes are to be transcribed is a valid defense for not required time. The SC has consistently held that the failure of a judge to decide a case within the required period is not excusable and constitutes g non-observance of said rule is ground for administrative sanction against the defaulting judge.
Case Digest on Teodoro R. Rivera vs. Atty. Sergio Angeles A.C. No. 2519. August 29, 2000 Duty of Lawyer to Client/Proper Conduct
Facts: Atty. Sergio Angeles was the legal counsel of Teodoro Rivera and 2 others in a civil case. Rivera and his 2 co -plaintiffs received a favorabl
Angeles received almost PhP 50,000 from one of the defendants in the case as partial fulfillment of the judgement against the latter. Atty. Angeles, his clients of the amount he had received and never remitted the same to him, leaving them to discover such fact on their own. Rivera and his co-pl administrative complaint for disbarment against Atty. Angeles.
Held: GUILTY. Atty. Angeles was not disbarred but the Court ruled that his act amounted to serious misconduct. The Court has repeatedly stresse
integrity and good moral character as part of a lawyer‘s equipment in the practice of his profession. For it cannot be denied that the respect of litiga is inexorably diminished whenever whenever a member of the Bar betrays their trust and confidence. The Court is not oblivious of the right of a lawyer to be services he has extended to his client but such right should not be exercised whimsically by appropriating appropriating to himself the money intended for his cli never be an instance where the victor in litigation loses everything he won to the fees of his own lawyer. For deceit in dealing with his client, Atty. suspended from the practice of law for 1 year.
Case Digest on Aquilino Q. Pimentel, Jr. vs. Attys. Antonio M. Llorente and Ligaya P. Salayon A.C. No. 4690. August 29, 2000
Facts: Attys. Antonio Llorente and Ligaya Salayon were election officers of the COMELEC and held the position of Chairman and Vice-Chairman Pasig City Board of Candidates. The respondents helped conduct and oversee the 1995 elections. Then Senatorial candidate Aquilino Pimentel, Jr. respondents tampered tampered with the votes received by them by either adding more votes for particular candidates in their Statement of Votes (SoV) or re votes of particular candidates in their SoV. Pimentel filed an administrative complaint complaint for their disbarment. Respondents argued that the discrepanc mistake, oversight and fatigue. Respondents also argued that the IBP Board of Governors had already exonerated them from any offense a nd that th reconsideration filed by Pimentel was not filed in time.
Held: GUILTY. Respondents do not dispute the fact that massive irregularities attended the canvassing of the Pasig City election re turns. The onl
could offer for such irregularities is that the same could be due to honest honest mistake, human error, and/or fatigue on the part of the members of the ca who prepared the SoVs. There is a limit, we believe, to what can be construed as an honest mistake or ove oversight rsight due to fatigue, in the performance sheer magnitude of the error renders the defense of honest mistake or oversight due to fatigue, as incredible and simply unacceptable. Indeed, what just a case of mathematical mathematical error in the tabulation of of votes per precinct as reflected reflected in the election returns and the subsequent entry of the erroneou Read Free For 30this Days Sign up to vote on title SoVs but a systematic scheme to pad the votes of certain senatorial candidates at the expense of the petitioner in complete disregard of thetabulatio Useful useful of his duties as a returns. A lawyer who holds a government position may not be disciplined as a member of the bar for misconduct in Not the discharge Cancel anytime. However, if the misconduct also constitutes a violation of the Code of Professional Responsibility or the lawyer‘s oath or is is of of such character as Special offer for students: Only $4.99/month. as a lawyer or shows moral delinquency on his part, such individual may be disciplined as a member of the bar for such misconduct. Here, by certi correct the SoVs in question, respondents committed a breach of Rule 1.01 of the Code which stipulates that a lawyer shall not not engage in ―unlawfu
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Case Digest on Flaviano B. Cortes v. Judge Felina Bangalan A.M. No. MTJ-97-1129. January 19, 2000 – Judge Judge on Improper Imposition of Contempt
Facts: Complainant was one of the co-accused in an adultery case filed before the sala of respondent Judge Bangalan. Bangalan. In a letter-complaint, he mo
inhibition of respondent judge on the ground that the latter cannot be impartial over the criminal case because complainant previously filed an oppo appointment of respondent as RTC judge. For this, respondent judge issued an order citing Complainant in direct contempt of court, averring further that his pleading contained derogatory, o statements ―equivalent to misbehavior misbehavior committed in the presence of or so near a court or judge judge as to interrupt the proceedings before the same with 71. When complainant appealed said order in the same court, after posting a notice of appeal, respondent judge ordered him to submit a record on a do so, respondent judge issued a warrant of arrest against Complainant for which he was arrested and jailed for 1 day with a fine of P10.00. Thus, Complainant charges charges respondent judge with gross ignorance of the law, oppressive conduct and abuse of authority when t he latter held him i account of the statements he made in his letter-complaint which statements, complainant insists, are absolutely privileged in nature. Complainant fu filed a notice of appeal from the order of contempt but respondent directed him to submit a record on appeal despite the fact that the same is not req
Held: GUILTY. Judge B was fined in the amount equivalent to 1-month salary with a stern warning that a repetition of the same shall be dealt
Court said that while it is t rue that the complainant attached the administrative letter-complaint in his letter for respondent judge to inhibit in the cri used merely to support his contention in his motion for inhibition. A judge is bound never to consider lightly a motion for his inhibition that questio however insignificant, his supposed predilection to a case pending before him. Furthermore, the a lleged offensive and contemptuous language cont complaint was not directed to the respondent court. A judge may not hold a party in contempt of court for expressing concern on his impartiality even if the judge may have been insulted therein. Whi in contempt is inherent in all courts so as to preserve order in judicial proceedings and to uphold the due administration of justice, judges, however, contempt powers judiciously judiciously and sparingly, with utmost restraint, and with the end in view of utilizing their contempt powers for correction and pre retaliation or vindication. Anent the charge of gross ignorance of the law in requiring complainant to submit a record on appeal, we find the respondent judge‘s respondent judge‘s order to be no established rule on the matter. Contempt proceedings is not one of those instances where a record on appeal is required to perfect an appeal. Thus, elementary, so elementary, not to know it constitutes gross ignorance of the law.
Case Digest on Alfredo B. Enojas v. Judge Eustaquio Z. Gacott, Jr. A.M. No. RTJ-99-1513. January 19, 2000 Payment of Docket Fees in E
Facts: Judge Gacott is being administratively charged in this case with serious misconduct, inefficiency and gross ignorance of the law. This c omp
respondent Judge dismissed an election case on the ground of non-payment of docket fees, although the case was had been previously admitted and filed by the original original Judge (inhibited himself due to relationship to one‘s of the parties) whom Judge Gacott replaced. Jugde G issued the dismissal dismissal (Manchester vs. CA) which states that - a case is deemed commenced only only upon the payment of the proper docket fees. To his opinion, opinion, the require not yet paid by the protestant. Hence, this complaint charging him primarily with gross ignorance of the law.
Held: GUILTY. Based on the facts and circumstances attendant attendant to the case, the election protest was properly filed. In fact, the original Judge alre
from the deposit given by the protestant for the expenses of reopening the questioned ballots, an amount shall be a llocated for the payment of the re importantly, importantly, the Court held that the Manchester ruling relied upon by respondent Judge does not apply to election cases. In a latter case ( Pahilan), avoided in the Manchester case does not exist in election cases. Truth is, the filing fee in an election case is fixed and the claim for damages, to wh shall be made to apply, is merely ancillary to main cause of action and is not even determinative determinative of the court‘s jurisdiction. While it is true that not every error or mistake of a judge renders him administratively liable, in this case, it is clear t hat the respondent judge was in established rules amounting to gross ignorance of the law. The Pahilan case was decided long before the respondent made a ruling on the election c respondent judge was duty bound to adhere to, and apply the recent ruling, and he cannot feign ignorance thereof, because the Code of Judicial Eth an embodiment of, among other things, judicial competence. On e of the principal duties of a judge is to be abreast with law and jurisprudence sinc justice requires continuous continuous study of of the law and jurisprudence. A perusal perusal of the challenge order order reveals that respondent respondent judge failed to live up up to w as a dispenser of justice.
Case Digest on Romulo Tolentino v. Judge Policarpio S. Camano, Jr. A.M. RTJ -00-1522 January January 20, 2000 Judge Granting of Bail
Facts: Respondent Judge is being charged with gross ignorance of the law, grave abuse of discretion, grave abuse of authority, violation of Canons
Canons of Judicial Ethics and incompetence in connection with granting bail to the accused in a criminal case for child abuse. The complaint alleges that respondent Judge granted bail while pending the holding of a preliminary investigation. The defense moved to quash the the accused on the alleged absence of a preliminary investigation. Consequently, Consequently, respondent Judge ordered ordered that a preliminary investigation investigation be had b During the pendency of this, he granted bail in favor of the defendant after several notices of hearing to the state prosecutor to which the latter faile grant, complainant herein now accuses respondent of denying the prosecution prosecution the chance to adduce evidence to show that the guilt of the accused w bail should not not have been granted in in his favor.
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NOT GUILTY. There was no denial of due process. It was not necessary to hold hearing so thatup the prosecution show that evidence of Read Free Foron 30could Days Sign to vote this title knowin was strong since a preliminary investigation had been ordered by the court. At that point, bail was still a matter of right. Respondent judge, Useful Not useful a matter of right at that stage, nevertheless set the hearing for the petition for bail four times. However, complainant failed to appear and present ev Cancel anytime. guilt of the accused was strong. It thus appears that complainant is actually the one who was remiss in the performance of his duties. Considering th Special offer for students: Only $4.99/month. referred to the Office of the Provincial Prosecutor for preliminary investigation, the accused could be considered as entitled to bail as a matter of ri judge‘s decision granting granting bail to the accused accused was proper and in accordance with law and jurisprudence. jurisprudence.
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Case Digest on Gloria Lucas v. Judge Amelia A. Fabros A.M. No. MTJ-99-1226. January 31, 2000 Grant Grant of a Motion for Reconsideration
Facts : Complainant Lucas was the defendant defendant in an ejectment case pending pending before respondent judge. judge. She alleges thatJudge that Judge Fabros granted the pla
reconsideration after the case had been dismissed the case for failure of plaintiff and her counsel to appear at the Preliminary Conference. She aver elementary, under Section 19(c) of the Rules of Summary Procedure, that a motion for reconsideration is prohibited, but respondent judge, judge, in viola granted the motion for reconsideration. She added that, notwithstanding the fact that the respondent herself had pointed out in open court that the c Rules on Summary Procedure, the judge ordered the revival of the case out of malice, partiality and with intent to cause an injury to complainant. T complaint, charging respondent respondent judge with Gross Ignorance of the Law and Grave Abuse of Discretion
Held: NOT GUILTY. The SC held that respondent judge not guilty of gross ignorance of the law and grave abuse of discretion. As a rule, a motion for reconsideration is a prohibited pleading under Section 19 of the Revised Rule on Summary Procedure. This rule, however, judgment sought sought to be reconsidered reconsidered is one rendered on the merits. Here, the order of of dismissal issued by respondent judge due to failure of a party preliminary conference conference is obviously not a judgment on the merits after trial of the case. Hence, Hence, a motion for the reconsideration reconsideration of such order is no pleading contemplated contemplated under Section 19 (c) of the present Rule on on Summary Procedure. Procedure. Thus, respondent judge judge committed no grave abuse of discr of ignorance of the law, in giving due course to the motion for reconsideration subject of the present Case Digest on Felicidad Dadizon vs. Judge Aniceto Lirios A.M. No. MTJ-00-1295. August 1, 2000 Imposition of Proper Penalty
Facts: Felicidad Dadizon was the complainant in a prosecution for Falsification of a Public Document (Art. 172, RPC) which was tried and decide
Lirios of the MTC of Naval, Biliran. Judge Lirios convicted the accused, Pablo Suzon, and sentenced him to a straight penalty of 7 months impriso PhP 1,000 fine. Dadizon questioned the punishment punishment meted by the said judge, alleging that the straight penalty of 7 months is way below t he penalty Judge Lirios defended his decision, stating that he had to appreciate the mitigating circumstance that Suzon was already 70 years of age.
Held: GUILTY. As judge of thirty-three (33) years, respondent should have known that the Indeterminate Sentence Law provides for the impositio
in the minimum and maximum term for offenses punishable by the Revised Penal Code or the special laws. The offense committed was Falsificatio Individual and Use of Falsified Document punishable under Article 172 of the Revised Penal Code which provides for a penalty of imprisonment o in its medium and maximum periods (ranging from 2 years, 4 months and 1 days to 6 years) and a fine of not more than Five Thousand Pesos (P5,0 Judge appreciated one (1) mitigating circumstance (old age), which is merely an ordinary mitigating circumstance. The imposition of a straight pen months by respondent Judge is clearly erroneous. While a judge may not always be subjected to disciplinary action for every erroneous order or dec relative immunity is not a license to be negligent or abusive and arbitrary in performing his adjudicatory prerogatives. prerogatives. It i s true that a judge may er minimum and maximum terms of an indeterminate sentence. However, However, the unawareness of or unfamiliarity with the application of the Indetermina duration and graduation of penalties merit disciplinary action fro m reprimand to removal. Every judge should know that in applying the Indetermin offenses penalized under the Revised Penal Code, the indeterminate sentence should have a fixed minimum and maximum. And when the law is so know it or to act as if one does not know it constitutes gross ignorance of the law. Judge Aniceto Lirios was fined in the am ount of PhP 5,000 and i that a repetition of the same or similar act will be dealt with more severely by the Court.
Case Digest on Alfonso C. Ortiz vs. Judge Alex L. Quiroz A.M. No. MTJ-00-1259 August 4, 2000 Application of Rules of Procedure
Facts: Alfonso Ortiz initiated a criminal complaint against Inocencia Hernandez for malicious mischeif and grave threats. The ca se was assigned to presiding judge of Branch 69 of the MTC MTC of Pasig City. Before trial, however, Judge Quiroz Quiroz ruled that the case would would be governed by ordinary than the summary rules of criminal procedure because the case fell within the exceptions in P.D. 1508. Ortiz filed an administrative complaint complaint agai arguing that the summary rules not the ordinary rules should be followed for his case.
Held: GUILTY. Under the Revised Penal Code, grave threats is penalized with imprisonment of 1 month and 1 day to 6 months (arresto mayor) an
PhP 500, if the threat is not subject to a condition (Article 282). Malicious mischief, on the other hand, is penalized with imprisonment of 2 month (arresto mayor in its medium and maximum periods) if the value of the damage caused exceeds PhP 1,000 (Article 329). In this case, the alleged da was estimated to be PhP 50,000. Thus, the subject criminal cases should have been tried under the Revised Rule on Summary Procedure, consideri applicable to criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months or a fine not exce both, irrespective of other other imposable penalties, penalties, accessory or otherwise otherwise or of the civil liability arising therefrom [Section 1 B(4), Revised Revised Rule on S Respondent judge, therefore, therefore, erred in applying the ordinary rules of procedure instead of the rules of summary procedure. A judge has a duty to exh cursory acquaintance with the statutes and procedural rules. In fact, the Code of Judicial Conduct mandates that judges must be faithful to the law professional competence. competence. He must have have the basic rules at the palm of of his hand and be proficient in the interpretation interpretation of laws and procedural rules. reprimanded, with a stern warning that a repetition of the same or similar act would be de alt with more severely.
Case Digest on Teresita Jason vs. Judge Briccio Ygana A.M. No. RTJ -00-1543. August 4, 2000 Judge Issuance of a Writ of Execution
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Teresita Jason was the defendant in an ejectment case before t he MTC of Pasig City. Having rec eived an adverse judgement, Jason appeale Branch 153 of the RTC of Pasig City, presided by Judge Briccio Ygana. Respondent judge judge affirmed theup decision of on the and s ubsequently issu Read Free For 30MTC Days Sign to vote this title filed Execution for the judgement. The Sheriff of Branch 153 executed upon some personal properties of Jason and gave a Notice to Vacate. Jason Useful Not useful complaint against Judge Ygana, arguing that the Writ of Execution should have been issued by the court of origin and not the appellate court. Cancel anytime.
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Held: GUILTY. The case should have been remanded back to the MTC for execution. The rule i s that if the judgment of the metropolitan trial cou
regional trial court and the decision of the latter is itself elevated to the Court of Appeals, whose decision thereafter become final, the case should b
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Case Digest on Fredesminda Dayawon v. Judge Maximino A. Badilla A.M. No. MTJ-00-1309. September 6, 2000 Order of Acquittal
Facts: Ms. Fredesminda Dayawon charged Judge Maximino Maximino A. Badilla of the Municipal Trial Court of Pili, Camarines Sur, with ―Gross Ignorance Ignorance
Incompetence‖ relative to Criminal Case for estafa. Complainant averred that respondent Judge acquitted the accused and declared her to only be liable civilly, despite Alamos‘ admittance in open cou received the subject goods from complainant to be sold on commission basis with the obligation to remit the proceeds of the s ale or to return the failed to comply seasonably therewith despite demand. Complainant Complainant stressed that these admissions, together with the finding that the accused had a clearly sufficient to convict the accused of the c rime of estafa. Held: GUILTY. A judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules; so long as he remains o imperative that he continues to be conversant with the basic law and maintain the desired professional competence. The Court finds it fit, however, to reduce the recommended fine of P5,000.00 to P2,000.00 considering that no nefarious motive on the part of resp shown.
ase Digest on Re: Hold-Departure Order Dated August 9, 1999 Issued by Judge Salvador B. Mendoza, MCTC, Poro-San Francisco-Tedela Office of the Court Administrator v. Judge Salvador B. Mendoza A.M. No. 00-1281-MTJ. September 14, 2000 Issuance of Hold Departure
Facts: MTC Judge Mendoza issued a Hold Departure Order in Criminal Case No. T-1806, T-1806, entitled ―People of the Philippines v. Arnie Pena Osabel in the Municipal Circuit Trial Court, Poro-San Francisco-Tedela-Pilar, Poro, Cebu. The Secretary urged the Court Administrator to look into the question was issued in violation of Supreme Court Circular No. 39-97 dated June 19, 1997. Held: GUILTY. Circular No. 39-97 limits the authority to issue hold-departure orders to the Regional Trial Courts in criminal cases within their ex Canon 3, Rule 3.01 of the Code of Judicial Conduct exhorts judges judges to be ―faithful to the law and maintain professional competence.‖ The Court ha reminding judges to exert diligent efforts in keeping abreast with developments in law and jurisprudence. Needless to state, the process of learning system is a never-ending endeavor, hence, judges should always be vigilant in their quest for knowledge so they could discharge their duties and and fervor.
Case Digest on Antonio Yu-Asensi vs. Judge Francisco D. Villanueva A.M. No. MTJ-00-1245. January January 19, 2000 Tardiness of Judges Facts: Complainant charges Judge Villanueva for serious misconduct misconduct and/or inefficiency particularly violating the Canons of Judicial Ethics on
punctuality. Judge V had been consistently late for 45 minutes to 1 1/2 hours during scheduled hearings, thus delaying the cause of complainant w
plaintiff plaintiff in a reckless imprudence case. Due to his tardiness, C‘s lawyer had also been compelled to extend trial even beyond the pr escribed period Held: GUILTY. Habitual tardiness amounts to serious misconduct misconduct and inefficiency in violation of the Canons of Judicial Ethics. Several SC Circul which enjoin judges to be punctual in the performance of their judicial duties, recognizing that the time of litigants, witnesses, and attorneys are of judge is not punctual punctual in his habits, he sets a bad example to the bar and tends to create dissatisfaction dissatisfaction in the administration administration of justice. Furthermore, Furthermore, of Judicial Conduct mandates: ―A judge shall dispose of the court‘s business promptly and decide cases within the required periods.‖
Case Digest on Atty. Martin Pantaleon v. Judge Teofilo Guadiz A.M. No. RTJ-00-1525 January 25, 2000 Gross Inefficiency and Duty/Liab Personnel
Facts: In this case, respondent Judge is charged with Gross Inefficiency, Neglect and Delay in Elevating the Records of Civil Case No. 88-2187, to complainant was the plaintiff‘s counsel. After receiving an adverse decision, complainant filed a Notice of Appeal within the reglementary the reglementary period respondent Judge issued an order for the transmittal of the records of the case to the appellate court. However, despite constant follow-up by couns passed and the records records of the case have not not been transmitted. In his Answer, respondent judge contends that the court stenographer misplaced the transcript of the testimony of one of the witnesses, henc e the re transmitted to the Court of Appeals. He further averred that complainant should have invited his attention by filing the proper motion or by writing informing him of the non-transmittal of the records within three months from the date of his order of transmittal. Held: GUILTY. A judge cannot hide behind the incompetence of his subordinates. He should be the master of his own domain and take responsibi his subjects. The non-transmission of the records by reason of inefficiency of the staff c annot exonerate respondent judge judge from administrative liability. As admi court, a judge is expected to keep a watchful eye on the level of performance and conduct of the court personnel under his immediate supervision w employed to aid in the administration of justice as required by Canon 3, Ru le 3.09 of the Code of Judicial Conduct. In the case of Re: of Re: Judge Fernando Fernando Agdamag Agdamag , the Court stated: ―he (judge) sits not only to judge litigated cases with the least possible delay but tha include being an effective manager of the court and its personnel. He is presumed to be cognizant of his responsibilities as a worthy minister of the he is expected to keep abreast with his docket.‖ Certainly, a delay of three years in the transmission of court records to the appellate court, where only a period of 30 days is required, is inexcusab
Case Digest on Dante dela Cruz Rivera, Sheriff III, Branch 34, Metropolitan Trial Court, Quezon City vs. Acting Judge Reynaldo B. Bello Metropolitan Trial Court, Quezon City. A.M. No. MTJ-00-1316. MTJ-00-1316. September 25, 2000 2000
Facts: Sheriff Dante Rivera allegedly falsified his Personal Data Sheet. For this, respondent Judge accused him of dishonesty and subsequently pre reporting for work. Afterwhich, respodent Judge filed an administrative complaint against the sheriff. Held: GUILTY. A judge has no authority or power to prevent an employee from reporting for work. If indeed complainant Rivera committed falsif accomplishment accomplishment of his personal data sheet, the most that Judge Bellosillo could have done was to file an administrative charge against complainant complainant on did but a fter the complainant Rivera filed an administrative charge against him (Judge Bellosillo) for conduct unbecoming. While a judge may have supervision over his employees, he should not however exercise his authority over them in an oppressive or despotic mann should have realized that it is the Supreme Court which has the authority to discipline/dismiss his subordina subordinate. The that he can do is merely to Read Free Formost 30this Days Sign up tote.vote on title complaint against the erring employee.
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grave abuse of discretion a Respondent MTC Judge Judge issued a Writ of Execution to enforce the decision of a case involving quieting of title and recovery of ownership of real pr writ was returned unsatisfied because the herein complainants was the actual owners and occupants of the questioned property without being imple
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Dacera, however, opposed the Motion to Dismiss, alleging that Judge Dizon had unduly influenced him to sign the Affidavit of Desistance and that appraised of the consequences of his actions in doing so. The Supreme Court assigned an Associate Justice of the Court of Appeals to investigate in Held: NOT GUILTY. The investigation did not find any conclusive evidence that Judge Dizon was personally biased in favor of either party in in question. It must be noted that respondent judge did not actually dismiss the case upon motion of the prosecutor and even voluntarily inhibited h Dacera to disqualify him. However, the investigation did reveal that Judge Dizon had made telephone calls to Dacera and even had discussions wit chambers in order to verify the truth about the Affidavit of Desistance. While there is no clear proof of malice, c orrupt motives or improper consid respondent in calling and meeting with the complainant still leave much to be desired and are deserving of reprimand. A judge is not only required must also appear to be impartial. Fraternizing with litigants tarnishes this appearance. Canon II of the Code of Judicial Conduct basically provides avoid impropriety and the appearance of impropriety in all activities and should so behave at all times as to promote public confidence in the integr the judiciary. It is clear that the acts of the respondent judge have been less than circumspect. He should have kept himself free from a ny appearanc should have endeavored to distance himself himself from any act liable to create an impression of indecorum. The complaint filed by Dacera against Judge dismissed for lack of merit. However, respondent Judge was admonished to refrain from making calls to any parties-litigant and/or counsel with ca and sternly warned that a repetition of the same will be dealt with more severely.
Case Digest on William R. Adan vs. Judge Anita Abucejo-Luzano A.M. No. MTJ-00-1298. August 3, 2000
Facts: William Adan was the complainant in 2 criminal cases for Grave Ora l Defamation tried and decided by Judge Anita Abucejo-Luzano of the Jaena, Misamis Occidental. Respondent judge convicted the accused and sentenced them accordingly. Upon Motion for Reconsideration, however, reversed her decision and rendered a judgement for acquittal. Adan questioned the reversal of the conviction, alleging that J udge Abucejo-Luzano judgement because because having received new information from the accused, accused, she conducted conducted a personal ocular inspection inspection of the place place where the crime wa the presence of the parties involved. Held: GUILTY. Respondent Judge should should have known that an ex-parte ocular inspection without notice to nor presence of the parties and after the decided was highly improper. If respondent Judge had entertained doubts that she wished to clarify after the trial had already terminated, she shoul proprio the reopening reopening of the trial for the purpose, purpose, with due notice to the parties, whose participation participation therein is essential essential to due process. Thus, it is e alone to the place where the crime was committed and make an inspection without previous knowledge or consent of the parties. The conduct of th the result of which apparently influenced her to reconsider her earlier decision, was highly improper as she, in effect, admi tted additional evidence prosecution a chance chance to object to its introduction introduction or to controvert controvert the same. Her actions show show an ignorance of of the law and proper procedure to be fo such as this. Furthermore, respondent judge has opened herself to charges of partiality and bias by meeting with the accused privately. No matter h intentions may have been, it was improper for respondent judge to meet the accused without the presence of complainant. complainant. Respondent Judge has fa norm that judges should not only be impartial but should also appear impartial. She thus violated Canon 2 of the Code of Judicial Conduct which p should avoid impropriety and the appearance of impropriety in all activities. Judge Abucejo-Luzano was fined PhP 10,000 and issued a stern warni in the future will be dealt with more severely.
Case Digest on Atty. NapoleonS. Valenzuela v. Judge Reynaldo Bellosillo A.M. No. MTJ-00-1241 January 20, 2000
Facts: Respondent Judge is being charged with gross violation of the constitutional right of subject accused to assistance by counsel of her own cho oppression, partiality and violation of the Code of Judicial Ethics. In a BP 22 case, Judge allegedly granted bail to the accused despite not being accompanied and represented by her counsel at that time. It appears t without the assistance of the counsel of record, Atty. Valenzuela and he even suggested that the latter should be replaced by another counsel. Agha Atty. V filed his Notice of Withdrawal, in conformity with his client‘s decision, Meriam Colapo. Subsequently, Subsequently, he filed the instant administrative c respondent Judge. To support his position, position, he attached an Affidavit allegedly executed by his client Colapo. However, during the hearing of the cas Colapo as Witness as she was allegedly out of the country although she was willing to testify at that time. Held: NOT GUILTY. On the issue of granting bail without the assistance of counsel, the Court held that it was valid and sufficiently based on the M Atty. Valenzuela. With regard to the alleged act of respondent Judge suggesting suggesting to the accused that she should change her counsel (complainant At recommending a different lawyer, the Court found that the evidence adduced by the complainant was insufficient to substantiate the charges agains evidence offered by complainant was the Affidavit of his client Meriam Colapo, and it cannot be the basis of a finding of guilt even in an administ complainant‘s failure to present his principal witness, in the absence of other evidence to prove his charges was fatal and said said Affidavit cannot be g inadmissible without without the said affiant being placed on the witness stand. The employment or profession of a person is a property right within the constitutional guaranty of due process of law. This a pplies also to Judges. R cannot therefore be adjudged guilty of the charges against him without affording him a chance to confront the said witness, Meriam Colapo. Otherw process would be infringed. infringed.
Case Digest on Erlinda Sy vs. Danilo Norberte A.M. No. 00-1398-P. August 1, 2000
Facts: In her civil case versus Antoinetta Galvez, complainant Erlinda Erlinda Sy obtained a writ of preliminary attachment against all properties of the for however, that respondent Danilo Norberte, Sheriff of Branch 125 of the RTC of Kalookan City, tipped off Galvez about the said writ. She further a actively assisted Galvez in the removal of her personal property from the latter‘s residence. Sy filed a complaint with Branch Branch 125 of the RTC of was submitted for investigation. Held: GUILTY. The investigation revealed that Norberte was positively identified and seen by the complainant Sy and 2 other witnesses in the act remove her personal property from her residence. Norberte‘s Norberte‘s alibi did not prove to be credible. The offense of serious or grave misconduct refers to shows the element of corruption, clear intent to violate the law or flagrant disregard of established rules. In tipping off a nd assistingGalvez, assistingGalvez, Norber attempt to circumvent a valid court order. Even if Norberte did not tip off Galvez, his mere presence at the scene is punishable. Being an officer sheriff should have refrained from actuations though innocent and in good faith which may result in suspicion of impropriety and may consequentl of the judiciary. The nature and responsibilities of officers of the judiciary are not mere idealisticRead sentiments trueon working standards and attaina Free For 30this Days Sign up tobut vote title be matched with actual actual deeds. They are expected expected to serve with the highest highest degree of responsibility, responsibility, integrity, integrity, loyalty and efficiency and to conduct conduct Not conduct useful propriety and decorum decorum at all times. Norberte Norberte was suspended for 1 month month without pay and and issued the Useful warning warnin g that similar condu ct in the future will Cancel anytime. severely. Special offer for students: Only $4.99/month.
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Case Digest on In Re: Procedure adopted by Judge Daniel Liangco (A.M. No. 99-11-158-MTC. August 1, 2000)
Facts: RTC Judge Pedro Sunga of San S an Fernando, Pampanga received information information about irregularities in the disposition of jueteng cases before the M
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witnesses or sponsors; 4) if they failed to get married on August 28, 1997, complainant complainant would be out of the country for for a long period and their mar lapse and necessitate another publication of notice; 5) if the parties go beyond their plans for the scheduled marriage, complainant feared it would employment employment abroad. Held: GUILTY. The authority of a judge to solemnize marriage is only limited to those municipalities under his jurisdiction. Clearly, Calbayog Ci his area of jurisdiction. Additionally, there are only three instances, as provided by Article 8 of the Family Code, wherein a marriage may be solem outside his chamber[s] or at a place other than his sala, and the circumstances of t his case do not fall in any of these exceptions. Moreover, as solemnizing officer, respondent Judge neglected neglected his duty when he failed to register the marriage of complainant to Bernardito Yman. upon him pursuant to Article 23 of the Family Code which provides: “It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificates not later than fifteen days after the the marriage, to the local local civil registrar of the the place where the marriage was solemnized. xxx” Lastly, a judge is charged with exercising extra care in ensuring that the records of the cases and official documents in his custody are intact. There missing records save fortuitous events. The records show that the loss was occasioned by carelessness on respondent Judge‘s part. p art. This Court reiter adopt a system of record management and organize their dockets in order to bolster the prompt and efficient dispatch of business. It is, in fact, incu devise an efficient recording and filing system in his court because he i s after all the one directly responsible for the proper discharge of his officia
Case Digest on State Prosecutor Romulo Tolentino vs. Judge Nilo Malanyaon A.M. No. RTJ-99-1444. August 3, 2000 Prompt Disposition o Inefficiency/Abuse of Authority
Facts: Judge Nilo Malanyaon, presiding judge of Branch 30 of the RTC of Camarines Sur, dismissed 5 separate criminal cases for lack of evidence issue warrants of arrest on the ground of lack of probable cause. Acting State Prosecutor for Camarines Sur Romulo Tolentino assailed the orders f refusal to issue the warrants for arrest alleging that Judge Malanyaon had abused his authority and knowingly knowingly rendered unjust orders. Tolentino als several motions had been filed before respondent judge and have yet to be resolved and decided upon. Issues: (1) Did Judge Judge Malanyaon Malanyaon exercise grave abuse of discretion discretion and act in excess excess of jurisdiction jurisdiction in dismissing the criminal cases? (2) Was Judge Malanyaon guilty of unreasonable delay for failing to act on the motions filed by State Prosecutor Tolentino? Held: (1) NO. The allegations that respondent judge had violated Canons 1, 2 and 3 of the Canons of Judicial Conduct are without merit. Good fait malice, corrupt or improper consideration are sufficient defenses protecting a judicial officer charged with ignorance of the law and promulgation o from being held accountable for errors of judgment on the premise that no one called upon to try the facts or i nterpret the law in the administration infallible. There is no proof of grave abuse of discretion. These charges were dismissed by the Court. (2) YES. The motions/incidents were left unacted upon from 3 to 5 months and were still pending when the administrative complaint was filed aga Respondent should should be aware of hi s duties as an arbiter of justice. Under Rule 3.05 of the Code of Judicial Conduct, a judge shall dispose of the and decide cases within the required periods. While the prosecutor in this case is not without fault, the respondent cannot escape responsibility responsibility for pending motions motions before him. Even assuming arguendo that the the various motions motions filed by the prosecutor prosecutor were considered to be mere scraps of of paper judge must nevertheless nevertheless resolve on on those matters promptly by granting or denying denying them. It is the duty of the judge to rule upon upon the motions file actions are merely to deny them. Respondent judge was found guilty for his failure t o resolve pending motions and/or incidents incidents and, accordingly, a was imposed upon him with the warning that a repetition of the same or similar violation will be dealt with a more severe penalty by the Court.
Case Digest on Juan Luzarraga vs. Hon. Amaro M. Meteoro A.M. No. 00 -1572. August 3, 2000
Facts: Juan Luzarraga was the plaintiff in a civil case assigned to Branch 41 of the RTC of Camarines Norte. After the said plaintiff had rested his evidence, the case was transferred to the newly-created Branch 64 of the RTC of Camarines Norte, presided by Judge Amaro Meteoro. It was only Meteoro proceeded with the presentation of the defendant‘s evidence. evidence. The case was finally submitted for decision a year later. After an elapse of without a decision on the case, Luzarraga filed an administrative complaint against Judge Meteoro. Respondent judge pleaded for the understandin the Court, citing that his branch had more than 300 cases pending before it, that he had trouble recruiting and training competent personnel and tha stroke. Held: GUILTY. More than one year had already elapsed since the submission of the case and respondent Judge has not decided the same despite th decision filed the complainant. The Court has consistently held that the failure of a judge to decide a case within the requi red period is not excusab inefficiency and non-observance of said rule is a ground for administrative sanction against the defaulting judge. Rule 3.05 of Canon 3 of the Code admonishes all judges to dispose of t he court‘s business promptly and to decide cases decide cases within the periods fixed by law. The failure to render a decisi period constitutes serious serious misconduct misconduct in derogation of the speedy administration administration of justice. When When circumstances arise that would prevent the judg within the reglementary period, all that he has to do is to file an application with the Court asking for a reasonable extension of time within which t However, the record of this administrative matter does not show that respondent made an attempt to make such a request. Instead, he preferred to thereby inviting suspicion that something something sinister or corrupt is afoot. That he was burdened with a heavy case load and is a stroke victim, serve onl penalty, not to exonerate exonerate him. Judge Meteoro was fined P20,000 P20,000 with the warning that a repetition of the same same shall be dealt with with more severely. H to decide the subject case within a non-extendible period of 30 days from receipt of resolution, and to submit to the Office of the Court Administra decision within 10 days from promulgation thereof.
Case Digest on Report on the Judicial Audit Conducted in the RTC, Branches 87 and 98, Quezon City A.M. No. 99-11-423-RTC. August 16, 2000
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Facts: On September 15 to 17, 1999, the Office of the Court Administrator conducted an audit and physical inventory of pending cases in Branches Regional Trial Court of Quezon City, presided over by Judge Elsie Ligot-Telan and Judge Justo Read M. Sultan, respectively. The audit team reported th Free Foron 30this Days Sign up to vote title had a well-managed docket. Judge Sultan, however, was a different story. Of the 57 cases submitted for decision, 34 were already beyond the regle Useful Not useful of which involve detention prisoners. It was observed that the said branch gave the least preference to cases submitted for decision, and it has no ef Cancel anytime. and recording of cases. In fact, the Branch Clerk of Court had not submitted the required docket and inventory of cases for a number of years. Reco Special offer for students: Only $4.99/month. Judge Sultan ever requested for an extension of time within which to decide the c ases submitted before him. Held: GUILTY. The Court reiterates that failure to decide cases within the required period is inexcusable and constitutes gross inefficiency which
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Section 15 (1) of Article VIII of the Constitution provides that all cases filed before the lower courts must be decided or r esolved within three (3) m submission. The Code of Judicial Conduct Conduct likewise provides that a judge ―should administer justice impartially and without delay‖ [Rule 1.02.] ―dispose of the court‘s business promptly and decide cases within the required periods.‖ [Rule 3.05.] It is an oft-repeated maxim that justice delayed is often justice denied. Thus, any delay in the administration administration of justice may result in depriving the speedy disposition disposition of his case and will ultimately affect the image of the judiciary. A delay in the disposition of cases amounts amounts to a denial of justic disrepute and ultimately erodes public faith and confidence in the judiciary.
Case Digest on Rolando Sulla v. Hon. Rodolfo C. Ramos A.M No. MTJ-00-1319. September 27, 2000
Facts: Dr. Rolando A. Sulla charging respondent Judge Rodolfo C. Ramos, presiding judge of the Municipal Trial Court of Jaro, Leyte, with unreas refusal to render a decision in criminal Case No. 8121. The case was submitted for decision in April April 1997. But as of May 21, 1999, date of compla despite constant requests for its early resolution, respondent Judge Ramos has not rendered any decision in the said case. Held: GUILTY. This Court has consistently impressed upon judges judges the need to decide cases promptly and expeditiously pursuant to Rule 3.05, Can Judicial Conduct and Section 15(1) and (2), Article VIII of the Constitution. Judges Judges are presumed to be aware of Rule 3.01 of the Code of Judicial for a judge to be faithful to the the law and maintain professional competence. Rule 3.05 admonishes all judges to dispose of the court‘s business prom within the period fixed by law.
Case Digest on Norma Esguerra vs. Judge Guillermo Loja A.M. No. RTJ-00-1523. August 15, 2000 Negligence/Incompetence of a Judge
Facts: Norma Esguerra was the complainant in a criminal case for Falsification of a Public Document tried before Judge Guillermo Loja of Branch Manila. Complainant alleged alleged that Judge Loja failed to decide the case within the 90-day reglementary period and further accused him of falsifying service in order to make it appear that he had decided the case. Judge Loja countered by stating that he had indeed decided upon the case but rather not dated. Held: GUILTY. A careful study of the facts shows that Judge Loja is guilty only of SIMPLE NEGLIGENCE and not of the administrative complai There is no clear proof that the respondent judge falsified his certificate of service simply because his decision was dated. Even assuming that there deciding the case, it must be taken into consideration that Judge Loja has a heavy case load (almost 800 cases pending) and that this is the first offe provided long and consistent service service to the Judiciary. Judiciary. The Court fined Judge Judge Loja PhP 2,000 and and issued a warning that similar conduct in the future punished.
Case Digest on Marta Bucatcat v. Edgar Bucatcat and Gene Jaro A.M. No. P-93-985. January 28, 2000 Duty of Court Employees
Facts:Marta T.Bucatcat (complainant) (complainant) charged her husband, Edgar Y. Bucatcat, and Gene S. Jaro (respondents), Court Interpreter respectively, of t Circuit Trial Court of Gandara, Samar, with immorality. immorality. Complainant avers that she is the legal wife of respondent respondent Bucatcat. She claims that respo illicit relationship with each other. Moreover, respondents allegedly have two (2) children together and that respondent Jaro, at the time of the filin complaint, was pregnant with their third child. Held: GUILTY. There is sufficient evidence to hold respondents liable for immorality for maintaining an illicit relationship with each other. Every employee of the judiciary should be an example of integrity, integrity, uprightness and and honesty. Like Like any public servant, servant, he must exhibit exhibit the highest sense of of honesty and integrity not not only in official duties but in his personal and and private dealings with other people, to preserve the court‘s good name and standing. It cannot be overstressed overstressed court of justice is mirrored in the conduct, official and otherwise, otherwise, of the personnel who work thereat, from the judge to the lowest of its personnel. been enjoined to adhere adhere to the exacting standards of morality and decency in their professional professional and private private conduct in order order to preserve the good na courts of justice. Respondents DISMISSED DISMISSED from service.
Case Digest on Atty. Antonio T. Guerrero v. Hon. Adriano Villamor (296 SCRA 88) Good Faith in Rendering Decisions
Facts: Carlos and his counsel, Guerrero, charged respondent respondent with gross ignorance of the law and knowingly knowingly rendering an unjust judgment judgment after the criminal case tried by respondent. They were also thwarted on appeal. appeal. However, in the pleadings before before the CA, they used abusive language in de respondent‘s acts, hence, respondent judge cited them for direct contempt, contempt, which was later set aside by the SC. Held: Case dismissed. The order of direct contempt may only be considered as an error of judgment. A judge may not be administratively administratively charged judgment, in the absence of showing of any bad faith, malice or corrupt corrupt purpose. Moreover, judges cannot cannot be held to account account criminally, civill an erroneous decision rendered by them in good faith.
Case Digest on Carlito D. Lazo v. Judge Antonio V. Tiong (300 SCRA 214)
Facts: Judge Tiong was accused of failing to inhibit inhibit himself in a criminal case because he was related within the fourth degree of of affinit y to the ac claims he did so in the hopes that his presence would allow the parties to settle amicably. Held: Judge reprimanded. A judge should take no part in a proceeding where his impartiality might reasonably be questioned. Also, Rule 137, Rul that no judge or judicial officer shall sit in any case in which he, inter alia, is related to either party within the sixth degree pf consanguinity or affin within the fourth degree computed according to the rules of the civil law. Under this provision, the Presiding Judge is mandated to disqualify himse case. He cannot exercise his discretion whether whether to inhibit himself or not.
Case Digest on Baltazar D. Amion v. Judge Roberto S. Chiongson (301 SCRA 614) Speedy Administration of Justice
Facts: A is a policeman policeman charged with with murder. During the trial, J orderedthat ordered that he be represented by counsel de officio because A‘s a ttorney was ill. ignorance of the law & oppression because the fact that the counsel de officio did not know the particulars of the case meant that A would be denie Held: Complaint dismissed. dismissed. The Code of Judicial Conduct Conduct mandates that a judge should administer administer justice impartially and without without delay. A judge imbued with a high sense of duty & responsibility in the discharge of his obligation to p romptly administer administer justice. In this case, the reason J appoin was because A‘s lawyer had postponed several hearings because he was ill or out of town. Also, A had various lawyers during the said case who a hearings for various reasons such as illness, illness, lack of knowledge of the case or unavailability for trial. all legal but clearly Read Free For 30this Days SignThese up toare vote on title dilatory me complainant to delay the case for 4 years. J should be commended commended for his efforts to expedite the case.
Master your semester with Scribd & The New Yorkv.Times Useful Not useful Case Digest on Fe T. Bernardo Judge Amelia A. Fabros (307 SCRA 28) Speedy Administration of Justice Cancel anytime.
Facts: B accused F of i naction an unlawful detainer case for 7 months when the rules on summary procedure call for a decis ion in 30 days. F doe Special offer for students: Onlyin$4.99/month.
but says B has no standing as she is only only the attorney-in-fact of the plaintiffs plaintiffs to the civil case. Held: FINED. Judges must decide cases expeditiously, especially in summary proceedings. proceedings. She should either ask for additional time to decide or d
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Held: FINED but penalty mitigated. Rule 3.05 of Canon 3 enjoins all judges to attend promptly to the business of the court and decide cases within A judge is mandated to render judgment not more than ninety (90) days from the time the case is submitted for decision. Failure to render the decis prescribed period of ninety ninety (90) days from from submission of of a case for decision constitutes constitutes serious misconduct misconduct and gross gross inefficiency. However, since of this, Judge R cleared most of his docket (even those not overdue for decision) before retiring, the fine is mitigated.
Case Digest on Re: Inhibition of Judge Eddie R. Rojas (292 SCRA 306) Impartiality
November 10, 2010 2010 Facts: Atty. Rojas was appointed appointed a judge. One of the criminal cases cases he inherited was one in which he acted as prosecutor. He explained that h himself from presiding on that case was because it was only after the belated transcription of the stenographic stenographic notes that he remembered that he han also says that the counsels did not object and he never held ―full―full- blown‖ blown‖ hearings anyway. anyway. Held: Judge is filed & reprimanded. The Rules of Court prevent judges judges from trying cases where they acted as counsel without the consent of the p not only a conflict of interest but also the appearance of impropriety impropriety on the part of the judge. A judge should take no part in a proceeding where where hi reasonably be questioned. questioned. He should administer justice justice impartially & without delay. delay. The prohibition does does not only cover hearings but all judicial resolutions) some of which Judge Rojas did make.
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