A.

Nature and scope of the legal profession

IN RE SYCIP
A partnership for the practice of law cannot be likened to partnerships formed by other
professionals or for business. a partnership for the practice of law is not a legal entity. It is not a
partnership formed for then purpose of carrying on trade or business or of holding property. Thus,
assumed or trade name in law practice is improper. The right to practice law is not a natural or
constitutional right but is in the nature of a privilege or franchise.
It must be considered that in the Philippines, no local custom permits or allows the continued
use of a deceased partners name. Therefore, the cited provision on Canons of Professional thics is not
applicable.
DISSENTING OPINION:
Petition may be granted with the condition that it be indicated in the letterheads of the ! firms
that "ycip and #vaepa are dead or the period when they served as partners sould be stated
therein.
CAYETANO V MONSO
"C said that he can still be considered as practicing law, if we consider the modern concept of
the practice of law. This modern concept pertains to any act, whether in or out of court, which re$uires
the application of law, legal procedure, knowledge, training and e%perience.
"C now says that since most of &onsods 'obs involved the law, even if he has not been
engaged in traditional lawyering (i.e. making pleadings or appearing in court), he can still be
considered as to have been engaged in the practice of law.
!. Ad"ertising and Soliciation
#$EP V $E%A$ C$INIC
According to the I*P, notwithstanding the manner by which respondent endeavored to
distinguish the ! terms, legal support services and legal services, common sense would readily dictate
that the same are essentially without substantial distinction. The use of the name the +egal Clinic gives
the impression that the respondent corporation is being managed by lawyers and that it renders legal
services. The advertisement in $uestion is meant to induce the performance of acts contrary to law,
morals, public order and public policy. This is in violation of Canon , -ule ,..! that is counseling
illegal activities.
-egarding the issue on the validity of the $uestioned advertisements, the Code of Profession
-esponsibility provides that a lawyer, in making known his legal services shall use only true, honest,
fair, and ob'ective information or statement of facts. The proscription against advertising of legal
services rests on the fundamental postulate that the practice of law is a profession.
Exceptions:
o Publication in reputable law lists, in a manner consistent with the standards of conduct
imposed by the canon .
o #rdinary, simple professional card. The card may contain only the statement of his
name, the law firm, address and branch of law practiced.
&'AN V SIM!I$$O
"olicitation of legal business is not proscribed. /owever, solicitation must be compatible with
the dignity of the legal profession. The use of simple signs stating the name0s of the lawyers, the office
and residence address and the fields of e%pertise, as well as advertisement in legal periodicals bearing
the same brief data, are permissible.
IN RE TA%ORA
"olicitation of business by circulars or advertisements, or by personal communications or
interviews not warranted by personal relations, is unprofessional.
"olicitation of cases result in the lowering of the confidence of the community and integrity of
the members of the bar. It results in needless litigations and in incenting to strife.
IR O( $E%A$ A((AIRS V !AYOT
The publication is tantamount to a solicitation of business from the public. "ection !1 of -ule
,!2 e%pressly provides among other things that 3the practice of soliciting cases at law for the purpose
of gain, either personally or thru paid agents or brokers, constitutes malpractice.3 It is highly unethical
for an attorney to advertise his talents or skill as a merchant advertises his wares. +aw is a profession
and not a trade.
In In re Tagorda, 14 Phil., the respondent attorney was suspended from the practice of law for
the period of one month for advertising his services and soliciting work from the public by writing
circular letters. That case, however, was more serious than this because there the solicitations were
repeatedly made and were more elaborate and insistent..Considering his plea for leniency and his
promise not to repeat the misconduct, the Court is of the opinion and so decided that the respondent
should be, as he hereby is, reprimanded.
3The most worth and effective advertisement possible, even for a young lawyer is the
establishment of a well5 merited reputation for professional capacity and fidelity to trust. This cannot
be forced but must be the outcome of character and conduct.3 (Canon !2, Code of thics.)
C. Att).*Client Relationship
a. Concept of retainer
'I$AO " AVI
The firm of 6rancisco mailed a written opinion to /ilado on the merits of the case (with
6ranciscos signature)7 this opinion was reached on the basis of papers submitted at his office7 and that
/ilados purpose in submitting those papers was to secure 6ranciscos professional services. 6rom
these ultimate facts, an attorney5client relationship between 6rancisco and /ilado can be said to have
ensued.
To constitute professional employment it is not essential that the client should have employed
the attorney professionally on any previous occasion. It is not necessary that any retainer should have
been paid, promised, or charged for7 neither is it material that the attorney consulted did not afterward
undertake the case about which the consultation was had. 8hen a person consults with his attorney in
his professional capacity with the view of obtaining professional advice or assistance, and the attorney
voluntarily permits or ac$uiesces in such consultation, then the professional employment must be
regarded as established.
The e%istence of attorney5client relationship precludes the attorney from representing (and
receiving a retainer from) the opposite party in the same case.
An information professionally obtained by an attorney from a client is sacred to the
employment to which it pertains, and to permit it be used in the interest of another, or in the interest of
the adverse party is to strike at the element of confidence which forms the basis of an attorney5client
relationship.
The fact remains that his firm did give /ilado a formal professional advice from
which emerged the relation. The letter binds and estops him in the same manner and degree as if he
wrote it personally. And an information obtained from a client by a member or assistant of the firm is
information imparted to the firm.
The failure to ob'ect to counsels appearance does not operate as a waiver of the right to ask for
counsels dis$ualification.
9 v CA
The absence of a written contract will not preclude the finding that there was a professional
relationship which merits attorneys fees for professional services rendered. To establish the
relationship, it is sufficient that the advice and assistance of an attorney is sought and received in any
matter pertinent to his profession. An acceptance of the relation is implied on the part of the attorney
from his acting on behalf of his client in pursuance of a re$uest from the latter.
Therefore, &utuc is entitled to receive a reasonable compensation.
:;<I# v =-;P#
8hat he violated was the rule that a lawyer is bound to observe candor, fairness and loyalty in
all his dealing and transactions with his client. ( he did not give security for the loan and he refused to
pay the amount)And that Atty =rupo did not violate -ule ,> because :unio consented to and ratified to
the use of the money, as evidenced by the P<. The court is constrained to give credence to Atty.
=rupos claims that the money previously entrusted to him was later converted into a loan.
As to the contention that no atty5 client relationship e%ists? it is not necessary that any retainer
should have been paid. All is needed is when a person consults with his atty in his professional capacity
to obtain professional advice.
+. ut) of iligence
ENAYA " OCA
The facts show that #ca failed to employ every legal and honorable means to advance the cause
of his client. 6or intentionally failing to submit the pleadings re$uired by the court, respondent
practically closed the door to the possibility of putting up a fair fight for his client.
#ca cannot 'ust appear only once for the spouses. A lawyer continues to be a counsel of record
until the lawyer5 client relationship is terminated.
#cas story shows his appalling indifference to his clients cause, deplorable lack of respect for
the courts and a bra@en disregard of his duties as a lawyer.
c. (i,ing and deter-ination of fees
TRAERS ROYA$ !AN& #NION " N$RC
An attorney is entitled to have and receive a 'ust and reasonable compensation for services
performed at the special instance and re$uest of his client. As long as the lawyer was in good faith and
honestly trying to represent and serve the interests of the client, he should have a reasonable
compensation for such services. The P4,... which the union pays monthly does not cover the services
the counsel actually rendered before the labor arbiter and the <+-C. The monthly fee is intended
merely as a consideration for the counselAs commitment to render the services.
The P4,... was a general retainer. It is not payment for counselAs e%ecution or performance of
the services of the counsel. The fact that petitioner union and counsel failed to reach a meeting of the
minds with regard to the payment of professional fees for special services will not absolve the client of
civil liability for the corresponding remuneration. A $uasi contract arose between the union and
counsel, from the counselAs lawful, voluntry and unilateral prosecution of unionAs cause. $uity and fair
play dictate that petitioner should pay the same after it accepted and benefited from counselAs services.
The measure of compensation should be addressed by the rule of $uantum meruit, meaning 3as
much as he deserves3.
d. Conflict of interest
PC%% " SANI%AN!AYAN
&endo@as appearance as counsel was beyond the ,year prohibitory period since he retired in
,BC>.
The matter involved in the li$uidation of =enbank is entirely different from the matter involved
in the PC== case against the +ucio Tan group.
The intervention contemplated in -ule >..4 should be substantial and important. The role of
&endo@a in the li$uidation of =enbank is considered insubstantial.
ARTE.#E$A " MAERA.O
To be guilty of representing conflicting interests, a counsel5of5record of one party need not also
be the counsel5of5record of the adverse party. /e does not have to hold himself as the counsel of the
adverse party. It is enough that the counsel of one party had a hand in the preparation of the pleading of
another party who is claiming adverse and conflicting interests with that of the original client.
*ecause of the fiduciary relationship between the lawyer and the client, sound public policy
dictates that the lawyer be prohibited from representing conflicting interests or discharging inconsistent
duties.
NA&PI$ " VA$ES
8e hold respondent guilty of representing conflicting interests which is proscribed by
Canon ,1 -ule ,1..4. In the case at bar, there is no $uestion that the interests of the estate and that of
its creditors are adverse to each other. -espondentAs accounting firm prepared the list of assets and
liabilities of the estate and, at the same time, computed the claims of two creditors of the estate. There
is clearly a conflict between the interest of the estate which stands as the debtor, and that of the two
claimants who are creditors of the estate.
e. Confidentialit)
RE%A$A " SANI%AN!AYAN
=eneral rule? a clients identity should not be shrouded in mystery
%ceptions?
5 where a strong probability e%ists that revealing the clients name would implicate that client in
the very activity for which he sought the lawyers advice
5 8here disclosure would open the client to civil liability
5 8here revealing the identity would furnish the only link that would be necessary to convict an
individual of a crime
"uing the lawyer to force him to disclose the identity of his client in any of these instances is
improper and the suit, upon motion, may be dismissed on such ground.
The prosecution should rely on the strength of their evidence and not on the weakness of the
defense -oco merely stated that he was acting as nominee5stockholder for the client and is part of
legitimate lawyering.
The ACC-A lawyers also made such statement and should also be dropped. the relation of
attorney and client is strictly personal and highly confidential and fiduciary the lawyer is more than a
mere agent or servant because he possesses special powers of trust and confidence reposed on him by
his client
%ENATO " SI$APAN
The privilege against disclosure of confidential communications or information is limited only
to communications which are legitimately and properly within the scope of a lawful employment of a
lawyer. It does not e%tend to those made in contemplation of a crime or perpetuation of a fraud. A
lawyer is not a gun for hire.
It is improper for the respondent to use it against =enato in the foreclosure case because it was
not the sub'ect matter of litigation and ATty. "IlapanAs professional competence and legal advice were
not being attacked in that case. A lawyer must conduct himself, especially in his dealings with his
clients, with integrity in a manner that is beyond reproach. (Atty "ilapan was ordered , year
suspension)
. O+ligation to Courts
a. Candor and (airness
&OMATS# IN#STRIES INC. V. CA
The Court reprimanded DIPI for insinuating that Padilla +aw #ffices used the
friendship and connection of retired :ustice TeodoroPadilla with the ponente
of the CA decision for disposing the case in their favour as a Ebirthday and parting giftF.
8hen the said ponente declined and unloaded case, it was still allegedly raffled to
another good friend of :ustice Padilla. /owever, based on therecords, the case was
directly raffled to the "econd 9ivision and there was no prior
ponente to whom it was assigned.
IN RE/ 0121 I!P Elections
Intensive electioneering and overspending by the candidates, led by the main protagonists for
the office of president of the association.
The I*P elections held on :une4,,BCB should be as they are hereby annulled.
ARTIA%A 3R. V. VI$$AN#EVA
The court ruled that acts of Atty. Gillanueva is in violation of his oath that he wll
do no falsehood nor consent to doing of any in court. According to the court it was clear
that atty. Gillanueva caused his client to commit per'ury so that the forceful entry case
will fall under the 'urisdiction of the court, this is shown by the intentional amendment to
the original complaint par 1, wherein under the original complaint the time line was
,B>., while on the amended complaint the time stated is ,B24, the court state that the
reason for such change is so that the action may still be filed or entertained by the court,
since the action prescribes one year after accrual of cause of action.
The court further states that it is e%pected that a lawyer will defend the clients
cause with @eal, however in doing so it should not disregard its duty to the court and the
truth. 9ue to his actions the client was in another case charged with per'ury, which
is detrimental to the client.
The court also found that atty. Gillanueva is guilty of lack of condor and respect
for the court and the rights of his adversary, as shown in the case, the client of Artiaga
has already won the case, however Gillanueva filed urgent e%5parte motions and instead
of waiting for the result of such, he perfected his appeal, thus further delaying the
implementation of the first lawful order of the court. 6urthermore when his appeal was
denied, Gillanueva turned to other venues such as CA- for positive results, in doing so he
did not disclose of the prior proceedings that was held in the court thus securing an e%5
parte proceeding. In this case the court found Gillanueva guilty of forum shopping.
OCCENA V. MAR4#E.
8e find no rule of law or of ethics which would 'ustify the conduct of a lawyer in
any case, whether civil or criminal, in endeavoring by dishonest means to mislead the
court, even if to do so might work to the advantage of his client. The conduct of the
lawyer before the court and with other lawyers should be characteri@ed by candor and
fairness. It is neither candid nor fair for a lawyer to knowingly make false allegations in a
'udicial pleading or to mis$uote the contents of a document, the testimony of a witness,
the argument of opposing counsel or the contents of a decision. *efore his admission to
the practice of law, he took the solemn oath that he will do no falsehood nor consent to
the doing of any in court, nor wittingly or willingly promote or sue any false, groundless
or nlawful suit, and conduct himself as a lawyer with all good fidelity to courts as well as
to his clients. 8e find that Atty. *inamira, in having deliberately made these false
allegations in his pleadings, has been recreant to his oath.
Atty. Isabelo G. *inamira, who appeared as intervenor in this case, is hereby
declared guilty of contempt and sentenced to pay to this Court within ten (,.) days from
notice hereof a fine in the sum of 6ive /undred Pesos (P1.....). Costs against
intervenor.
4#AS'A V. 3#AN
The law firm should have pursued its claim to attorneys fees in the same court as
an Eintervention petition for recovery of attorneys fees.F The respondent C6I of &anila
had already ac$uired 'urisdiction over the goods as the case pending with it was already
deciding upon the $uestion of who the real owner of the cargo was. In filing with another
C6I, multiplicity of suits occurred.
The Echarging lienF filed in Pasig was erroneous, an Eintervention petition for
recovery of attorneys feesF in the C6I of &anila was the proper action that should have
been taken. This negligence by the law firm entitles it to no relief, the instant petition
must be dismissed. *esides the goods have already been sold and delivered to a foreign
buyer, the court has lost 'urisdiction over it. verything is already fait accompli (already
done and beyond alteration)
S#RI%AO V5 C$ORI!E$
The language employed by "antiago and "otto degrades the administration of
'ustice which trangresses "ection 4 (d) of -ule 2, of the -ules of Court as well as "ec. !.
(f) of -ule ,4C of the -oC which states that 3a lawyerA s language should be dignified in
keeping with the dignity of the legal profession3. They are also e%pected to observe and
maintain the respect due to the courts of 'ustice and 'udicial officers but their acts
resulted in the contrary and are intended to create and atmosphere of distrust. The
inadvertence of "antiagoA s use of words canA t be used as a shield to absolve him of any
misdeeds.
ven if the idea of the language used in the Hth &- came from &eads, both
"antiago and Caling shouldA ve adhered to Canon ,> of the Code of +egal thics wherein
3a lawyer should use his best efforts to restrain and to prevent his clients from doing
those things which a lawyer himself ought not to do, particularly with reference to their
conduct towards courts, 'udicial officers, 'urors, witnesses and suitors. If a client persists
in such wrongdoing, the lawyer should terminated their relation3. "antiago is also liable
here since CalingA s represent didnA t divest him of his capacity as counsel for &acArthur.
+. Seeing the 3udge in Cha-+ers
c. Respect to court6isciplinar) Authorit) of the Court
ENRI4#E A. .A$IVAR "s. RA#$ M. %ON.A$E.
The Court begins by referring to the authority to discipline officers of the court
and members of the *ar. The authority to discipline lawyers stems from the CourtA s
constitutional mandate to regulate admission to the practice of law, which includes as
well authority to regulate the practice itself of law. &oreover, the "upreme Court has
inherent power to punish for contempt, to control in the furtherance of 'ustice the conduct
of ministerial officers of the Court including lawyers and all other persons connected in
any manner with a case before the Court. #nly slightly (if at all) less important is the
public interest in the capacity of the Court effectively to prevent and control professional
misconduct on the part of lawyers who are, first and foremost, indispensable participants
in the task of rendering 'ustice to every man. "ome courts have held, persuasively it
appears to us, and that a lawyerA s right of free e%pression may have to be more limited
than that of a layman. 8hile the Court may allow criticism it has In -e? Almacen held?
Intemperate and unfair criticism is a gross violation of the duty of respect to courts. It is
such a misconduct that sub'ects a lawyer to disciplinary action. The lawyerA s duty to
render respectful subordination to the courts is essential to the orderly administration of
'ustice. /ence, in the assertion of their clientsA rights, lawyers even those gifted with
superior intellect are en'oined to rein up their tempers.
IN RE/ PONCIANO !. 3ACINTO
The Court suspended Atty. :acinto. The above statements are clearly contemptuous.
very lawyer is e%pected to maintain the proper decorum in his dealings with the courts
of 'ustice and is never 'ustified in using scurrilous and threatening language in pleading
his clients cause. 8hile criticism of 'udicial conduct is not forbidden and @eal in
advocacy is in fact encouraged, the lawyer must always act within the limits of propriety
and good taste and with deference for the 'udges before whom he pleads.
IN RE/ A$MACEN
6irst off, the "C 'ustified the need to re'ect numerous appeals with an outright
denial or minute resolution. E8ere we to accept every case or write a full opinion for
every petition we re'ect we should be unable to carry out effectively the burden placed
upon us by the Constitution.F The "C only accepts Ethose cases which present $uestions
whose resolutions will have immediate importance beyond the particular facts and parties
involved.F
Atty. Almacen is suspended from the practice of law until further notice. The
"upreme Court emphasi@es that it is the -I=/T and -"P#<"I*I+ITI of every lawyer
to critici@e the decision of the Court but such criticism must be decent and proper. A
criti$ue of the court must be intelligent and discriminating fitting to its high function as
the court of last resort. Any time after this suspension becomes effective Atty. Almacen
may prove to this Court that he is once again fit to resume the practice of law. (8e
assume by apologi@ing because he was unapologetic when he was asked to e%plain why
he shouldnt be disciplined.)
R'EEM O( T'E P'I$ V. (ERRER
The Court overlooked the shortcomings of the members firm but called attention to
their lack of control of the contents of the court pleadings given that such pleadings carry
the name of their firm.
The Court admonished Atty. Armonio on the grounds that one of the duties of a
lawyer to the court is ETo observe and maintain the respect due to the courts of 'ustice
and 'udicial officersF as well as E...maintain towards the Courts a respectful attitude...F.
Also, the Court said that it is incumbent upon lawyers to support the , courts against
Eun'ust criticism and clamorF. ;ltimately, the Court took notice of the use of unnecessary
language which it deems to 'eopardi@e high esteem in courts, creates and promotes
distrust in 'udicial administration, while it might have been caused by over enthusiasm on
the part of the lawyer, the language used must still be within the bounds of propriety and
due regard for the proper place of courts in the system of government. Atty. Armonio
cant escape responsibility and at best, the lack of intent to disrespect the Court merely
lessens the liability.
MONTECI$$O V. %ICA
,. It may appear that second only to the duty of maintaining allegiance to the
-epublic of the Philippines and to support the Constitution and obey the laws of the
Philippines , is the duty of all attorneys to observe and maintain the respect due to the
courts of 'ustice and 'udicial officer but it is of paramount importance. A lawyer must
always remember that he is an officer of the court e%ercising a high privilege and serving
in the noble mission of administering 'ustice.
!. A 'ust man can never be threatened is not at all true. Any man, 'ust or un'ust, can
be threatened. If he is un'ust, he will succumb, if he is 'ust, he will not.
4. A lawyer facing contempt proceedings cannot 'ust be allowed to voluntary retire
from the practice of law, an act which would negate the inherent power of the court to
punish him for contempt in defense of its integrity and honor. /is accusations tend to
erode the peoples faith in the integrity of the courts of 'ustice and in the administration
of 'ustice. (/e wanted to retire because of old age but the court did not allow it.)
!A$AOIN% V. CA$ERON
*alaoing has a penchant for filing charges against 'udges in whose salas he has
pending cases, whenever the latter render decisions or issue orders adverse to him and0or
his clients. /e filed baseless and frivolous complaints with no other purpose than to
harass and e%act vengeance.
*alaoings actions run counter to the Canons.
Canon ,, J A lawyer shall observe and maintain the respect due to the courts
and to 'udicial officers and should insist on similar conduct by others
-ule ,,..4 J A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the courts
-ule ,,..H J A lawyer shall not attribute to a 'udge motives not supported by
the record or have no materiality to the case . *alaoing was disbarred.
MACEA V. A!IERA
As a general rule, the acts done by a 'udge in his 'udicial capacity are not sub'ect
to disciplinary action, even though erroneous. These acts become sub'ect to our
disciplinary power only when they are attended by fraud, dishonesty, corruption or bad
faith. A re5 evaluation of the case at bar presents no occasion for us to depart from the
general rule.
The records show that Civil Case <o. !,,B has long been pending presentation of
plaintiffsA evidence. Iet, respondent 'udge has been very lenient in granting motions for
postponements to both counsel of the parties, more particularly to counsel for plaintiffs.
#f the twenty5seven (!2) motions for postponement granted, seventeen (,2) of these were
filed by complainant as counsel for plaintiffs, four (H) by agreement of the parties, one
(,) by reason of the stenographic reportersA strike, and five (1) by motion of defendants.
6inally, upon prior agreement of both counsel for plaintiffs and defendants, respondent
'udge set the case for hearing on !. to !! August ,BB..
=iven this factual backdrop, complainantA s non5appearance at the hearing despite
his previous commitment and his personal re$uest for a second call of the case inevitably
pushed the patience of respondent 'udge to the limit. In his #rder of !. August ,BB.,
respondent tersely declared that 3(t)he complaint in the case was filed on ,C :une ,BC>
and plaintiffs have not even rested their case due to repeated postponements asked by
plaintiffs. This Court cannot tolerate further delay in the proceedings of this case.3
e. iscourage litigation
CASTANEA V. A%O
The Court condemns the attitude of the respondents and their counsel who, far
from viewing courts as sanctuaries for those who seek 'ustice, have tried to use them to
subvert the very ends of 'ustice.
6orgetting his sacred mission as a sworn public servant and his e%alted position as
an officer of the court, Atty. +uison has allowed himself to become an instigator of
controversy and a predator of conflict instead of a mediator for concord and a conciliator
for compromise, a virtuoso of technicality in the conduct of litigation instead of a true
e%ponent of the primacy of truth and moral 'ustice.
A counselA s assertiveness in espousing with candour and honesty his clientA s cause
must be encouraged and is to be commended7 what we do not and cannot countenance is a
lawyerA s insistence despite the patent futility of his clientA s position, as in the case at bar.
It is the duty of a counsel to advise his client, ordinarily a layman to the intricacies
and vagaries of the law, on the merit or lack of merit of his case. If he finds that his
clientA s cause is defenseless, then it is his bounden duty to advise the latter to ac$uiesce
and submit, rather than traverse the incontrovertible. A lawyer must resist the whims and
caprices of his client, and temper his clients propensity to litigate. A lawyerA s oath to
uphold the cause of 'ustice is superior to his duty to his client7 its primacy is
indisputable.
CANTI$AN% V. MEINA
Atty. -evelos case is without merit and is obviously resorted to solely as a
maneuver to prevent or defeat the e%ecution of the final
and e%ecutory decision of :udge &edina. Certiorari is limited to correction of defects of
'urisdiction solely7 it cannot be used for any
other purpose J much less to defeat the right of the prevailing party to the e%ecution of a
valid and final 'udgement. Certiorari is not a substitute for appeal.
As an officer of the Court it was Atty. -evelos duty to advise his clients,
petitioners herein of the real merits of their case or the lack of it. /ad he done so,
petitioners could have reali@ed the futility of filing the present case and spared them the
need to spend their hard earned money by way of court fees (P H,...K). Atty. -evelo
failed in his duty to his clients, to be mindful of their welfare and interest. The present
petition is a sham and clearly unmeritous. /e also failed in his duty to the court to
promote and enhance instead of defeat and frustrate the ob'ectives and policies of society.
The court says that in delaying the e%ecution of the 'udgment, Atty. -evelo was
encouraging other s$uatters to continue in breaking the law as relief from the courts
could easily be delayed.
SA$A.AR V. E CASTROES
EIt is thus apparent that on its face the brief for defendants5appellants is notable
only for its flagrant and obvious disregard of what the proprieties, not to say the
decencies, of such a serious matter as an appeal to the Tribunal re$uires. ven if due
regard be had for the state of mind under which claimants to a piece of land, possessed of
more than an ordinary degree of obduracy, might be laboring under, still respect for the
rule of law ought to have cautioned defendants in attempting, perhaps thoughtlessly, to
delay unduly the termination of a pending litigation and thus accord respect to the 'ust
claims of others.
<or is their counsel free from blame when he could have informed them not only
about the futility of such efforts, which was bad enough, but also the barrier thus
interposed against a fair, speedy and efficient administration of 'ustice. As a member of
the bar and an officer of the court, he owes such minimum obligation to this Tribunal.
;nfortunately, he failed to live up to it. /e should not escape responsibility.F
f. Encourage Settle-ent
PA3ARES V. A!A SANTOS
The circumstances surrounding the litigation is frivolous and merely a plain trick
to delay payment and prolong litigation. It was supposed to be 'ust a simple collection
case. *ut due to the actions of Pa'ares, it dragged on for 2 years. /ad the counsel of
Pa'ares (Atty. &oises <icomedes) advised her to confessed 'udgment and ask for
reasonable time to pay the debt, there would have been no reason to incur litigation
e%penses and filing feels, as well as loss of time. <ow, she incurred all of them, in
addition to the accumulated interest of her original debt. +awyers should remember that
there should be faithful adherence to -ule 2, "ection 1 of the -ules of Court, which
provides that any pleading filed in court, should have good ground to support it and it is
not interposed for delay.
Pa'ares is ordered to pay the debt and costs of litigation. The case shall be noted in
the personal record of the Pa'aress counsel.
f. A"oid ilator) Tactics
SAMAR V. ARNAO