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Maligaya vs doronilla
Atty. Antonio G. Doronilla, Jr. of the Judge Advocate General's Service is
before us on a charge of unethical conduct for having uttered a falsehood in
open court during a hearing of Civil Case No. Q-99-38778. 1
Civil Case No. Q-99-38778 was an action for damages filed by complainant
Renato M. Maligaya, a doctor and retired colonel of the Armed Forces of the
Philippines, against several military officers for whom Atty. Doronilla stood as
counsel. At one point during the February 19, 2002 hearing of the case, Atty.
Doronilla said:
And another matter, Your Honor. I was appearing in other cases he
[complainant Maligaya] filed before against the same defendants. We
had an agreement that if we withdraw the case against him, he will
also withdraw all the cases. So, with that understanding, he even
retired and he is now receiving pension.2 (emphasis supplied)
On April 29, 2002, Maligaya filed a complaint against Atty. Doronilla in the
Integrated Bar of the Philippines (IBP) Commission on Bar Discipline. 4 The
complaint, which charged Atty. Doronilla with "misleading the court through
misrepresentation of facts resulting [in] obstruction of justice,
Atty. Doronilla, who took up the larger part of two hearings to present
evidence and explain his side, admitted several times that there was, in fact,
no such agreement.8 Later he explained in his memorandum that his main
concern was "to settle the case amicably among comrades in arms without
going to trial"9 and insisted that there was no proof of his having violated the
Code of Professional Responsibility or the lawyer's oath. 10 He pointed out, in
addition, that his false statement (or, as he put it, his "alleged acts of
falsity") had no effect on the continuance of the case and therefore caused
no actual prejudice to complainant.11
ISSUE: won atty. Doronilla is guilty for uttering a false statement in an open
court thus a violation thereof of the Canon 10?
MOLINA, Complainant,
This is a case wherein Atty. Magat was the counsel of the complainant herein
which is Rodrigo Molina. Magat filed a motion to quash stating that there is
double jeopardy stating that there is already as similar case for slight
physical injuries that were filed by certain Molina. The case originally filed
was Assault Upon an Agent of a Person in Authority and Breach of the Peace
and Resisting Arrest against one Pascual de Leon (de Leon).
Magat was under suspension when he appeared in court. He explained that
his appearance in the December 21, 1977 hearing was to inform the court
that the accused was sick and to prevent the issuance of a warrant of arrest
against the accused. In the January 9, 1978 hearing, he appeared because
the accused had no money and pleaded that his testimony be finished. Atty.
Magat begged for the indulgence of the court and conveyed his repentance
and apology and promised that the same would not happen again.
ISSUE:WON magat was guilty for misrepresenting the court of the
charges?
HELD: yes.
Atty. Magats act clearly falls short of the standards set by the Code of
Professional Responsibility, particularly Rule 10.01, which provides:
Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing
of any in Court; nor shall he mislead, or allow the Court to be misled by any
artifice.
In this case, the Court agrees with the observation of the IBP that there was
a deliberate intent on the part of Atty. Magat to mislead the court when he
filed the motion to dismiss the criminal charges on the basis of double
jeopardy. Atty. Magat should not make any false and untruthful statements
in his pleadings. If it were true that there was a similar case for slight
physical injuries that was really filed in court, all he had to do was to secure
a certification from that court that, indeed, a case was filed.
On the issue when he appeared in court while he is suspension, the court
held that: if Atty. Magat was truly moved by altruistic intentions when he
appeared before the trial court despite having been suspended, he could
have informed the Presiding Judge of his plight and explained why the party
he was representing could not attend. On the contrary, Atty. Magat kept his
silence and proceeded to represent his client as counsel.
WHEREFORE, respondent Atty. Ceferino R. Magat is hereby ordered
SUSPENDED from the practice of law for six (6) months with a WARNING
that the commission of the same or similar offense in the future would be
dealt with more severely.
JUDGE ALDEN
CERVANTES,
V.
Complainant,
- versus -
Respondent said that the judge would ask for a consideration of 500 php for
every decision in favor EDC.
A case was then filed in the court of administrator.but it was dismiss
for the lack of merit. the complaint being unsubstantiated and motivated by
plain unfounded suspicion, and for having been filed after the effectivity of
his optional retirement
Issue:
Whether
.
.
.
the
complaint
filed
by respondent against the complainant before the
Office of the Court Administrator in Admin Matter
OCA IPI No. 06-1842-MTJ was malicious, false and
untruthful.
(2)
HELD:YES. The court said the respondents complaint was false and
untruthful due to insufficiency and failure on the part of respondent
to prove his allegations against complainant.
On the second issue, the IBP found that by filing the groundless bribery
charge against complainant, respondent violated the proscription of the Code
of Professional Responsibility against wittingly or willingly promot[ing] or
su[ing] any groundless suit including baseless administrative complaints
against judges and other court officers and employees.
The Investigating Commissioner thus concluded that
while the evidence on record is sufficient to show that the
allegations in respondents affidavit-complaint against herein
complainant were false, the evidence nonetheless show[s] that
respondent had knowingly and maliciously instituted a
groundless suit, based simply on his unfounded suspicions
against complainant;[7] (Underscoring supplied)
and that he violated Canons 10, [8] 11,[9] & 12[10] and Rule 11.04[11] of the
Code of Professional Responsibility under his oath of office.
CANON 11
A.C. No. 7474, September 09, 2014
PRESIDING JUDGE JOSE L. MADRID, REGIONAL TRIAL COURT,
BRANCH 51, SORSOGON CITY,Complainant, v. ATTY. JUAN S.
DEALCA, Respondent.
against judges and court personnel in violation of the Lawyers Oath and the
Code
of
Professional
Responsibility?
(2) Was Atty. Dealca guilty of unethical practice in seeking the inhibition of
Judge Madrid in Criminal Case No. 2006-6795?
HELD:
Atty.
Dealca
must
guard
his own impulse of initiating unfounded suits
I
against
The noble cause of cleansing the ranks of the Judiciary is not advanced
otherwise. It is for that reason that Atty. Dealcas complaint against Judge
Madrid has failed our judicious scrutiny, for the Court cannot find any trace
of idealism or altruism in the motivations for initiating it. Instead, Atty.
Dealca exhibited his proclivity for vindictiveness and penchant for
harassment, considering that, as IBP Commissioner Hababag pointed
out,16 his bringing of charges against judges, court personnel and even his
colleagues in the Law Profession had all stemmed from decisions or rulings
being adverse to his clients or his side. He well knew, therefore, that he was
thereby crossing the line of propriety, because neither vindictiveness nor
harassment could be a substitute for resorting to the appropriate legal
remedies. He should now be reminded that the aim of every lawsuit should
be to render justice to the parties according to law, not to harass
them.17cralawred
As a lawyer, therefore, Atty. Dealca was aware of his duty under his Lawyers
Oath not to initiate groundless, false or unlawful suits. The duty has also
been expressly embodied in Rule 1.03, Canon 1 of the Code of Professional
Responsibility
thuswise:ChanRoblesVirtualawlibrary
Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any mans cause.
His being an officer of the court should have impelled him to see to it that
the orderly administration of justice must not be unduly impeded. Indeed, as
he must resist the whims and caprices of his clients and temper his clients
propensities to litigate,20 so must he equally guard himself against his own
impulses of initiating unfounded suits. While it is the Courts duty to
investigate and uncover the truth behind charges against judges and
lawyers, it is equally its duty to shield them from unfounded suits that are
intended to vex and harass them, among other things. 21cralawred
Atty.
Dealca
violated
Canon
11
of the Code of Professional Responsibility
and
Rule
11.04
Atty. Dealca maintains that Judge Madrid should have in good grace
inhibited himself upon his motion to inhibit in order to preserve confidence
in the impartiality of the judiciary.31 However, IBP Commissioner Hababag
has recommended that Atty. Dealca be sanctioned for filing the motion to
inhibit considering that the motion, being purely based on his personal
whims, was bereft of factual and legal bases.32cralawred
Lawyers are licensed officers of the courts empowered to appear, prosecute
and defend the legal causes for their clients. As a consequence, peculiar
duties, responsibilities and liabilities are devolved upon them by law. Verily,
their membership in the Bar imposes certain obligations upon
them.33cralawred
In this regard, Canon 11 and Rule 11.04 of the Code of Professional
Responsibility
pertinently
state:ChanRoblesVirtualawlibrary
Canon 11 A lawyer shall observe and maintain the respect due to the
courts and to the judicial officers and should insist on similar conduct by
others.
x
Rule 11.04 A lawyer shall not attribute to a Judge motives not supported
by the record or have no materiality to the case.
In light of the foregoing canons, all lawyers are bound to uphold the dignity
and authority of the courts, and to promote confidence in the fair
administration of justice. It is the respect for the courts that guarantees the
stability of the judicial institution; elsewise, the institution would be resting
on a very shaky foundation.34cralawred
Canon 16
LUIS
P.
considering that the photographs and e-mails he submitted were all selfserving and thus, as correctly observed by the Investigating Commissioner,
bereft of any probative value and consequently cannot be given any
credence. Undoubtedly, respondents deception is not only unacceptable,
disgraceful, and dishonorable to the legal profession; it reveals a basic moral
flaw
that
makes
him
unfit
to
practice
law.15cralawred
Corollary to such deception, respondent likewise failed to perform his
obligations under the Contract, which is to facilitate and secure the issuance
of a US visa in favor of complainant. This constitutes a flagrant violation of
Rule 18.03, Canon 18 of the CPR, to wit:chanRoblesvirtualLawlibrary
CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and
his negligence in connection therewith shall render him liable.
Under Rule 18.03, Canon 18 of the CPR, once a lawyer takes up the cause of
his client, he is duty-bound to serve the latter with competence, and to
attend to such clients cause with diligence, care, and devotion whether he
accepts it for a fee or for free. He owes fidelity to such cause and must
always be mindful of the trust and confidence reposed upon
him.16 Therefore, a lawyers neglect of a legal matter entrusted to him by his
client constitutes inexcusable negligence for which he must be held
administratively
liable,17 as
in
this
case.
Furthermore, respondent violated Rules 16.01 and 16.03, Canon 16 of the
CPR when he failed to refund the amount of P350,000.00 that complainant
paid
him, viz.:chanRoblesvirtualLawlibrary
CANON 16 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND
PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
Rule 16.01 A lawyer shall account for all money or property collected or
received
for
or
from
the
client.
x
Rule 16.03 A lawyer shall deliver the funds and property of his client when
due or upon demand. x x x.
Verily, the relationship between a lawyer and his client is highly fiduciary and
prescribes on a lawyer a great fidelity and good faith. 18 The highly fiduciary
nature of this relationship imposes upon the lawyer the duty to account for
the money or property collected or received for or from his client. 19Thus, a
lawyers failure to return upon demand the funds held by him on behalf of
his client, as in this case, gives rise to the presumption that he has
appropriated the same for his own use in violation of the trust reposed in
him by his client. Such act is a gross violation of general morality as well as
of professional ethics.20cralawred
A.C. No. 2125 April 3, 1995
ENRIQUE
M.
vs.
ATTY. LEOPOLDO T. MAGLAYA, respondent.
REYES, complainant,
His inexcusable act of withholding money belonging to his client warrants the
imposition of disciplinary sanction.
This Court also finds that respondent has not exercised the diligence
required of lawyers in the handling of their clients' cases. He failed to act
upon complainant's case for a period of more than three (3) months from
the time the complete file of complainant against Angelica Offemaria was
endorsed to him by Atty. Abando of the PC-CIS. To make matters worse,
respondent failed to respond to complainant's inquiries regarding the status
of his case, a duty which was incumbent upon him.
By his unexplained failure to return the amount of P1,500.00 demanded by
complainant-client receipt of which he had acknowledged and which he had
agreed to return at the earliest possible opportunity, he failed to live up to
his duties as a lawyer. He has in particular disregarded Canon 16, Rule 16.03
of the Code of Professional Responsibility which requires that "a lawyer shall
deliver the funds and property of his client when due or upon demand . . . .
His inexcusable act of withholding money belonging to his client warrants the
imposition of disciplinary sanction.
This Court also finds that respondent has not exercised the diligence
required of lawyers in the handling of their clients' cases. He failed to act
upon complainant's case for a period of more than three (3) months from
the time the complete file of complainant against Angelica Offemaria was
endorsed to him by Atty. Abando of the PC-CIS. To make matters worse,
respondent failed to respond to complainant's inquiries regarding the status
of his case, a duty which was incumbent upon him.
A.C. No. 6051
April 2, 2007
CELIA
ARROYO-POSIDIO,Complainant,
vs.
ATTY. JEREMIAS R. VITAN, Respondent.
Complainant alleged that she engaged the services of respondent in Special
Proceeding No. C-525, entitled "Testate Estate of deceased Nicolasa S. de
Guzman Arroyo," filed before the Regional Trial Court of Caloocan City.
Complainant paid respondent legal fees in the amount of P20,000.00.
DOLORES
D.
PARIAS, complainant, vs.
PAGUINTO, respondent.
ATTY.
OSCAR
P.