MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS

JANUARY

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

Respondent failed to follow the judge's verbal order to designate a day of the week for the CODE OF PROFESSIONAL RESPONSIBILITY, Canon He is ordered to pay a FINE of Twenty Thousand
A.M. No. P-08-2418 raffling of judicial and extra-judicial notices and other court processes requiring publication. 1. (P20,000) Pesos, with WARNING that the
January 31, 2008 commission of the same or similar acts in the
FERDINAND S. BASCOS 1. Copies of the application for Extra-Judicial Foreclosures [sic] together with the docket Canon 1. future shall be dealt with more severely.
vs. number from December, 2002 to date; A lawyer shall uphold the constitution, obey the
ATTY. RAYMUNDO A. RAMIREZ, 2. To whom among the Deputy Sheriffs of this Court were these applications for extra-judicial laws of the land and promote respect for law of
foreclosure raffled respectively; and and legal processes.
(dereliction of duty, gross neglect, insubordination) 3. The name of the newspaper to whom these notices were sent for publication.

http://www.lawphil.net/judjuris/juri2008/jan2008 notifying him that:

/am_p-08-2418_2008.html
From hereon, application for judicial foreclosure either by Notary Public or by the Sheriff shall
be raffled to the different Deputy Sheriffs under my direction. The Deputy Sheriffs of this Court,
in turn, shall raffle the notices for publication to the accredited newspaper under my direction.
and warning him that
Any violation of this directive shall be dealt with severely.5
Respondent never complied with the judge's directives,

FEBRUARY

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 5738 February 19, 2008 Respondent, as punong barangay, he presided over the conciliation proceedings and heard CODE OF PROFESSIONAL RESPONSIBILITY, SUSPENDED from the practice of law for a period
WILFREDO M. CATU the complaint of Regina and Antonio against Elizabeth and Pastor. Subsequently, however, Canons 1 And 7 And Rule 1.01 of six months effective from his receipt of this
vs. he represented Elizabeth and Pastor in the ejectment case filed against them by Regina resolution.
ATTY. VICENTE G. RELLOSA and Antonio. In the course thereof, he prepared and signed pleadings including the answer CANON 1.
with counterclaim, pre-trial brief, position paper and notice of appeal. A lawyer shall uphold the constitution, obey the laws He is sternly WARNED that any repetition of similar
of the land, promote respect for law and legal acts shall be dealt with more severely.
As punong barangay, respondent should have therefore obtained the prior written processes.
permission of the Secretary of Interior and Local Government before he entered his
appearance as counsel for Elizabeth and Pastor. This he failed to do. Rule 1.01.
A lawyer shall not engage in unlawful, dishonest,
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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
immoral or deceitful conduct.

CANON 7.
A lawyer shall at all times uphold the integrity and
the dignity of the legal profession and support the
activities of the integrated bar.

A.C. No. 7657 February 12, 2008 Complainant engaged the services of respondent for the purpose of transferring the title CODE OF PROFESSIONAL RESPONSIBILITY, Canons SUSPENDED from the practice of law for two years
VIVIAN VILLANUEVA over a piece of property. 16, 17, and 18, and Rules 16.01, 16.03, 18.03, and effective upon finality of this Decision, ORDERS him
vs. 18.04. to RETURN the TCT and all other documents to
ATTY. CORNELIUS M. GONZALES Complainant, as mortgagee, wanted to transfer the title to her name because the complainant within 15 days from notice of this
mortgagor failed to redeem the property within the redemption period and the sheriff had Canon 16. Decision, and WARNS him that a repetition of the
He failed to perform any legal service to his client, already issued a sheriff’s definite deed of sale in complainant’s favor. A lawyer shall hold in trust all properties of his client same or similar offense, including the failure to
(2) he did not inform his client about the status of that may come into his possession. return the TCT and all other documents as required
the case, (3) he returned the P8,000 acceptance Complainant gave respondent P8,000 as acceptance fee, the property’s TCT, and other herein, shall be dealt with more severely.
fee without any explanation, and (4) he was pertinent documents. Rule 16.03.
indifferent. A lawyer shall deliver the property of his client when
After receiving the money, TCT, and other documents, respondent began to avoid due or upon demand.
http://www.lawphil.net/judjuris/juri2008/feb2008 complainant. Whenever complainant went to respondent’s office at BPI Building, Escario
/ac_7657_2008.html St., Cebu City, respondent’s secretary would tell her that respondent could not be Canon 17.
disturbed because he was either sleeping or doing something important. A lawyer owes fidelity to the cause of his client.

Daughter confronted him, respondent finally returned the money. However, until now, Canon 18.
respondent has not returned the TCT and other documents. [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.

Rule 18.04.
[a] lawyer shall keep the client informed of the status
of his case and shall respond within a reasonable
time to the client’s request for information."

A.C. No. 5281 February 12, 2008 Complainant averred that his father, the decedent Vicente Lee, Sr., never executed the CODE OF PROFESSIONAL RESPONSIBILITY, Canons 1 SUSPENDED from the practice of law for one year

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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
MANUEL L. LEE contested will. Furthermore, the spurious will contained the forged signatures of Cayetano and Rule 1.01. and his notarial commission REVOKED. Because he
vs. Noynay and Loreto Grajo, the purported witnesses to its execution. has not lived up to the trustworthiness expected of
ATTY. REGINO B. TAMBAGO Canon 1. him as a notary public and as an officer of the
In the said will, the decedent supposedly bequeathed his entire estate to his wife Lim Hock A lawyer shall uphold the constitution, obey the laws court, he is PERPETUALLY DISQUALIFIED from
(signing the will recklessly and signature are Lee, save for a parcel of land which he devised to Vicente Lee, Jr. and Elena Lee, half- of the land and promote respect for law and for legal reappointment as a notary public.
different; notarizing a spurious last will and siblings of complainant. processes.
testament.)
Respondent pointed out that complainant had no valid cause of action against him as he RULES OF COURT, RULE 138
http://www.lawphil.net/judjuris/juri2008/feb2008 (complainant) did not first file an action for the declaration of nullity of the will and Attorneys and Admissions to Bar
/ac_5281_2008.html demand his share in the inheritance.
CIVIL CODE, Article 806
The will in question was attested by only two witnesses, Noynay and Grajo. On this
circumstance alone, the will must be considered void. Article 806.
Every will must be acknowledged before a
This is in consonance with the rule that acts executed against the provisions of mandatory notary public by the testator and the witnesses.
or prohibitory laws shall be void, except when the law itself authorizes their validity. The notary public shall not be required to retain
a copy of the will, or file another with the Office
of the Clerk of Court

A.M. No. RTJ-04-1826 February 6, 2008 Complainant claims that there was no valid service of summons on the defendants in CODE OF JUDICIAL CONDUCT JUDGE SANTOS B. ADIONG
GREENSTAR BOCAY MANGANDINGAN accordance with Sections 6 and 7 of Rule 14 of the Rules of Court since the same was given Canon 2, Rule 2.01 and Canon 3. DISMISSED from the service with forfeiture of all
vs. to a certain Datu Hassan Mangondaya of Madalum, Lanao del Sur who had absolutely benefits except his accrued leave credits, if any. He
JUDGE SANTOS B. ADIONG nothing to do with the case and was not even authorized by the court to receive summons Canon 2. is further disqualified from reinstatement or
for the defendants. A judge should avoid impropriety and appearance of appointment to any public office, including
(willing to exchange from Branch 8 to 10) impropriety in all activities. government-owned or controlled corporations.
http://www.lawphil.net/judjuris/juri2008/feb2008 Barely six days after issuing the TRO, Judge Adiong, without notice or hearing, issued
/am_rtj-04-1826_2008.html another order extending the effectivity of the illegally issued TRO for another twenty (20) Rule 2.01 ATTY. CAIRODING P. MARUHOM
days, prior to the expiration of the TRO's effectivity and in blatant and open violation of A judge should so behave at all times as to promote and ATTY. MASBOD M. SYBIL
Section 5 of Rule 58 of the Rules of Court and Batas Pambansa Blg. 224 public confidence in the integrity and impartiality of GUILTY of simple misconduct. They
the judiciary. are SUSPENDED from office for three (3) months,
On March 20, 2003, Judge Adiong considered the application for a writ of preliminary effective immediately. (nadalahig)
injunction submitted for resolution. The following day, he granted plaintiff's application for Canon 3.
a writ of preliminary injunction then issued the writ on March 25, 2003. A judge should perform official duties honestly, and
with impartiality and diligence.
It was discovered that Sybil had taken the records of the case from Branch 10 without the
knowledge and authority of the branch clerk of court and the presiding judge, and CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1.
replaced the case with Civil Case No. 1916-03 entitled "Amer D. Bantuas, Jr. v. Felix
Taranao, Jr." Complainant also alleges that Sybil manipulated which branch of the RTC the Canon 1.
case would be assigned for hearing, in conspiracy with Maruhom, Judge Adiong and Atty. A lawyer shall uphold the constitution, obey the laws

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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
Masorong. of the land and promote respect for law and for legal
processes.
The alleged switching of cases by Sybil was done without his knowledge, consent or
instruction.

Judge Adiong disregarded these provisions of the Rules. He could not plausibly claim that
he issued a 72-hour TRO under the second paragraph of the rule quoted above because,
first, he was not the executive judge.

Second, his order did not state that the TRO was effective for 72 hours only. On the
contrary, the defendants were ordered to desist from releasing the subject funds "until
further orders from this Court." Third, there was no showing that the order was being
issued because of extreme urgency to justify the issuance of a 72-hour TRO. Judge Adiong
only stated in his order that he was "[a]cting on the prayer for the issuance of a Writ of
Preliminary Injunction, without finding that the plaintiff was entitled thereto.

MARCH

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

ADM. CASE NO. 6876 March 7, 2008 Firstly, complainants maintained that by acting as counsel for the spouses Falame in the CODE OF PROFESSIONAL RESPONSIBILITY, Canon 17. GUILTY of representing conflicting interests and
HEIRS OF LYDIO "JERRY" FALAME second civil case wherein they were impleaded as defendants, respondent violated his meted out the penalty of REPRIMAND.
vs. oath of office and duty as an attorney. Plainly, they contended that the spouses Falame's Canon 17.
ATTY. EDGAR J. BAGUIO interests are adverse to those of his former client, Lydio. A lawyer shall at all times uphold the integrity and He is further admonished to observe a higher
dignity of the legal profession and support the degree of fidelity in the practice of his profession
Secondly, complainants claimed that respondent knowingly made false statements of fact activities of the integrated bar. and to bear in mind that a repetition of the same
in the complaint in the second civil case to mislead the trial court. In so doing, respondent or similar acts will be dealt with more severely.
violated paragraph (d), Section 20 of Rule 138 of the Rules of Court, complainants
asserted further.

Lastly, complainants alleged that the second civil case is a baseless and fabricated suit
which respondent filed as counsel for complainants' uncle against the heirs of
respondent's deceased client. Specifically, they averred that respondent filed the case for
the sole purpose of retaining, maintaining and/or withholding the possession of the
subject property from complainants who are its true owners. Complainants concluded
that respondent violated paragraph (g), Section 20 of Rule 138 of the Rules of Court.

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A.M. No. RTJ-06-1973 March 14, 2008
(Formerly OCA IPI No. 05-2329-RTJ)
ASUNCION REYES
vs.
JUDGE RUSTICO D. PADERANGA
http://www.lawphil.net/judjuris/juri2008/mar200
8/am_rtj-06-1973_2008.html
MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
In his Answer with Motion to Dismiss, respondent controverted complainants' allegations.
He emphasizes that it was only Raleigh Falame who personally engaged his legal services
for him and on Lydio's behalf and that, in fact, it was Raleigh who paid him the attorney's
fees. He also stated that he signed the jurat in Raleigh's affidavit, which was submitted as
evidence in the first civil case, believing to the best of his knowledge that there is good
ground to support it. Insisting that he did not betray the confidence reposed in him by
Lydio as the latter's counsel in the first civil case, respondent maintained that he did not
reveal or use any fact he acquired knowledge of during the existence of the attorney-
client relation in the first civil case as he had never even conferred with nor talked to Lydio
in the first place. Respondent likewise contended that he did not knowingly make any
misleading or untruthful statement of fact in the complaint in the second civil case and
neither did he employ any means inconsistent with truth and honor in the hearing of the
case.
He added that complainants filed this administrative case when Raleigh could no longer
testify in his own favor as he had died a year earlier
In the case at bar, respondent admitted having jointly represented Lydio and Raleigh as
defendants in the first civil case. Evidently, the attorney-client relation between Lydio and
respondent was established despite the fact that it was only Raleigh who paid him.
For representing Raleigh's cause which is adverse to that of his former client—Raleigh's
supposed co-ownership of the subject property— respondent is guilty of representing
conflicting interests. Having previously undertaken joint representation of Lydio and
Raleigh, respondent should have diligently studied and anticipated the
potential conflict of interest.
With bias, ignorance of the law and procedure, antedating orders, failure to resolve cases respondent Judge Rustico D. Paderanga is hereby
within the reglementary period and refusal to inhibit in several cases pending before his found GUILTY of gross ignorance of the law for,
court which he is fined ₱20,000.00; and undue delay in
resolving a motion and in deciding an appeal, for
(1) In Civil Case No. 676, entitled "Spouses Jose and Dorothy Reyes v. Asuncion which he is fined ₱15,000.00 with a STERN
Reyes and Adrianne Ebcas," appeal for Ejectment and Damages. WARNING that a more severe penalty will be
meted out for the commission of similar offense in
(2) In Civil Case No. 517, entitled "Julio Vivares, as Executor of the Estate of Torcuato
the future.
Reyes and Mila Reyes-Ignalig, as heir v. Engr. Jose J. Reyes," for Partition. (no
determination of the debts)
(3) In Civil Case No. 683, entitled "Asuncion Reyes v. Spouses Jose and Dorothy
Reyes," for Reconveyance, Declaration of Nullity of OCT No. P-10146 and Damages
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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
(4) In Civil Case No. 681, entitled "Arturo Jacot v. Delia Nacasabog and Pacita
Mabilanga," for Appeal for Forcible Entry with Damages.

(5) In Civil Case No. 687, entitled "Delia Jacot-Mabilanga and Pacita Jacot v. Arturo,
Ronnie and Ricky, all surnamed Jacot," for Quieting of Title of Real Property with
Damages.

APRIL

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 6567 April 16, 2008 Respondent, in-house counsel and acting corporate secretary of the bank, filed an Answer CODE OF PROFESSIONAL RESPONSIBILITY, Canons 8, Petition is partly GRANTED. Respondent, Atty.
JOSE C. SABERON with Affirmative Defenses to the Petition stating, inter alia. Rule 8.01 and Canon 11, Rule 11.03, Fernando T. Larong, is found guilty of SIMPLE
vs. MISCONDUCT for using intemperate language.
ATTY. FERNANDO T. LARONG That this is another in the series of blackmail suits filed by plaintiff [herein complainant CANON 8.
Jose C. Saberon] and his wife to coerce the Bank and Mr. Bonpin for financial gain – A lawyer shall conduct himself with courtesy, fairness He is FINED P2,000 with a stern WARNING that a
(USING WORD “BLAKMAIL”) respondent argues that: and candor toward his professional colleagues, and repetition of this or similar act will be dealt with
(overboard and crossed the line) shall avoid harassing tactics against opposing more severely.
(1) there was "nothing abusive, offensive or otherwise improper" in the way he counsel.
used the word "blackmail" to characterize the suit against his clients; and
(2) when a lawyer files a responsive pleading, he is not in any way aiding or abetting Rule 8.01.
the infliction of damages upon the other party.
A lawyer shall not, in his professional dealings, use
Held that the word "blackmail" connotes something sinister and criminal. Unless the language which is abusive, offensive or otherwise
person accused thereof is criminally charged with extortion, he added, it would be improper.
imprudent, if not offensive, to characterize that person's act as blackmail.
CANON 11.
Moreover, respondent claims that the purportedly offensive allegation was a statement of A lawyer shall observe and maintain the respect due
fact which he had backed up with a narration of the chronological incidents and suits filed to the courts and to judicial officers and should insist
by complainant and his wife against his clients. That being the case, he contends that the on similar conduct by others.
allegation made in the Answer must be considered absolutely privileged just like
allegations made in any complaint or initiatory pleading. Rule 11.03.
A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts.

JUNE
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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 7494 June 27, 2008 Alleged committed deceit in occupying a leased apartment unit and, thereafter, vacating CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1 Atty. Eva Paita-Moya is found guilty of gross
WILSON CHAM the same without paying the rentals due. and Rule 1.01. misconduct and is hereby SUSPENDED for one
vs. month from the practice of law, effective upon her
ATTY. EVA PAITA-MOYA Upon the expiration of said lease contract, respondent informed the complainant that she Canon 1. receipt of this Decision. She is WARNED that a
would no longer renew the same but requested an extension of her stay at the apartment A lawyer shall uphold the constitution, obey the laws repetition of the same or a similar act will be dealt
(Respondent left the apartment unit without unit of the land and promote respect for law and legal with more severely.
settling her unpaid obligations, and without the processes.
complainant’s knowledge and consent.) A report reached complainant’s office that respondent had secretly vacated the
apartment unit, bringing along with her the door keys. Also, respondent did not heed Rule 1.01.
complainant’s repeated written demands for payment of her obligations despite due A lawyer shall not engage in unlawful, dishonest,
receipt of the same immoral or deceitful conduct."

A.C. No. 7022 June 18, 2008 Immorality, abandonment and willful refusal to give support to their daughter CODE OF PROFESSIONAL RESPONSIBILITY, Canon 7 Atty. Andrew V. Ferrer GUILTY of gross immorality
MARJORIE F. SAMANIEGO and Rule 1.01. and, as recommended by the Integrated Bar of the
vs. Ms. Samaniego was referred to Atty. Ferrer as a potential client. Atty. Ferrer agreed to Philippines and the Office of the Bar
ATTY. ANDREW V. FERRER handle her cases and soon their lawyer-client relationship became intimate. Ms. Canon 7 . Confidant, SUSPEND him from the practice of law
Samaniego said Atty. Ferrer courted her and she fell in love with him. He said she flirted A lawyer shall at all times uphold the integrity and for six (6) months effective upon notice hereof,
with him and he succumbed to her temptations. Thereafter, they lived together as dignity of the legal profession and support the with WARNING that the same or similar act in the
"husband and wife activities of the integrated bar. future will be dealt with more severely.

Rule 1.01.
A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct."

JULY

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 5033 July 28, 2008 Forgery and falsification constitutive of malpractice. CODE OF PROFESSIONAL RESPONSIBILITY, Rule 1.01. Atty. Charlie Doroin is SUSPENDED indefinitely,
and Atty. Hector Centeno is hereby DISBARRED.
MARY JANE D. VELASCO Filed a Motion for Extension to File Comment Rule 1.01.
vs. A lawyer shall not engage in unlawful, dishonest,
ATTY. CHARLIE DOROIN ATTY. HECTOR CENTENO Respondent lawyers and their counsel to show cause why they should not be disciplinarily immoral or deceitful conduct.
dealt with or held in contempt for such failure and to comply with the resolution requiring

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(extreme and great damage to the complainant.)
A.C. No. 7129 July 16, 2008
FIL-GARCIA, INC., represented by its President,
Filomeno Garcia
vs.
ATTY. FERNANDO CRESENTE C. HERNANDEZ
(respondent’s act of filing three (3) motions for
extension of time within which to file the appeal
MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
the comment.
Copies of the resolution dated June 20, 2001 were returned unserved from Atty. Alcid and
Atty. Centeno with notations "party out/unknown at/party moved out" and "moved out."
Atty. Doroin fooled complainant by deceitful means into making her sign an Extra-Judicial
Settlement and Deed of Partition, allotting complainant the sum of ₱1,216,078.00 giving
the paramour of complainant’s father, Josephine Abarquez, the share of ₱7,296,468.00
and also allotting complainant’s two (2) alleged illegitimate brothers and an alleged
illegitimate sister, a similar sum of ₱1,216,075.00 each alleging that such sharing is in
accordance with law. But no share was assigned to complainant’s mother, who was the
legal wife of Dr. Eduardo Doroin.
When the complainant visited the lot situated at Kingspoint Subdivision sometime in June
1996, there was no house constructed thereon, but when she visited it again on January
1999, there was already a four-door townhouse constructed. Complainant was informed
by the caretaker at the site that the owner is one Evangeline Reyes-Tonemura.
Complainant also learned later on that the property, which was one of the properties
submitted to the Court handling the Special Proceedings case in the Inventory of Property
dated 3 April 1996, was sold by Atty. Doroin to Evangeline Reyes-Yonemura [sic], by
forging the signature of complainant’s late father. Atty. Hector B. Centeno, a Notary Public
of Quezon City, knowing that complainant’s father was already dead as of 21 January
1996, made it appear in the said Deed of Absolute Sale, that complainant’s father
appeared before him in Quezon City on 17 January 1997.1avvphi1
Forging the signature of the complainant’s late father in the Deed of Absolute Sale.
Settlement of estate
Malpractice, gross misconduct and for violation of his oath as a lawyer. CODE OF PROFESSIONAL RESPONSIBILITY, Rule SUSPENSION from the practice of law for six (6)
18.03 and Rule 18.04. months considering that respondent humbly
Which to file an appeal in accordance with Rule 45 in relation to Rule 56 of the Rules of admitted his fault in not immediately informing
Court. Rule 18.03. complainant of the status of the case
A lawyer shall not neglect a legal matter entrusted to
RULE 45 him, and his negligence in connection therewith shall
Appeal by Certiorari to the Supreme Court render him liable.
Rule 56. Summary Judgment. (a) Motion for Summary Judgment or Partial Summary Rule 18.04
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and his wrong choice in the mode of appeal in the
petition that he belatedly filed exemplify gross
incompetence and caused serious prejudice to
complainant.)
A.C. No. 4515 July 14, 2008
CECILIA A. AGNO
vs.
Atty. MARCIANO J. CAGATAN
(The complainant contends that pursuant to their
agreement, she gave the amount of P500,000.00
to the respondent to be used for the reinstatement
of ISRC’s recruitment license as well as to start the
business operation of the corporation. The
respondent, however, claims that complainant
misinterpreted their agreement because the
MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
Judgment. ... The court shall grant summary judgment if the movant shows that there is A lawyer shall keep the client informed of the status
no genuine dispute as to any material fact and the movant is entitled to judgment as a of his case and shall respond within a reasonable
matter of law. time to the client's request for information.
However, instead of filing an appeal within the reglementary period, respondent filed
three (3) successive motions for extension of time with the Court.
In his motion, he alleged that he was engaged as counsel by a mayoralty candidate and a
senatorial candidate which required his presence in the canvassing of votes. Due to the
"enormous time pressure from these commitments," respondent prayed for an extension
of thirty (30) days or until June 21, 2001 to file complainant’s appeal.
Respondent filed a Second Motion for Extension of Time to File Appeal by Certiorari. He
alleged that "[he] fell ill" and that "[h]e sought medical consultation, which revealed that
he needs extended bed rest." He prayed for an extension of twenty (20) days or until July
11, 2001 to file the appeal.
Third Motion for Extension of Time to File Appeal by Certiorari, alleging that "[he] severely
underestimated the time needed to complete the petition because he had to work on
other equally urgent legal matters, which were unattended to during his illness
President of International Services Recruitment Corporation (ISRC), a corporation engaged CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1, SUSPENDED FOR ONE (1) YEAR and ONE (1)
in the recruitment of Filipino workers for overseas employment. Rule 1.01 and Canon 7, Rule 7.03. MONTH from the practice of law with warning that
repetition of the same or similar acts will merit a
Respondent claiming that the latter used fraud, deceit and misrepresentation, in enticing Canon 1. more severe penalty; and ordered to RESTITUTE
her husband, Khalifa, to join ISRC and invest therein the amount of ₱500,000.00 and that A lawyer shall uphold the constitution, obey the laws the amount of ₱500,000.00 to the complainant.
although the respondent received the aforesaid amount, the complainant learned from of the land and promote respect for law and legal
her inquiries with the Securities and Exchange Commission (SEC) and the POEA that the processes.
respondent failed to comply with the terms of the Memorandum of Agreement.
Rule 1.01.
The complainant claimed that respondent used for his own personal benefit the A lawyer shall not engage in unlawful, dishonest,
₱500,000.00 that she and her husband invested in ISRC. When she demanded that immoral or deceitful conduct.
respondent return the said sum of money, respondent issued a bank check dated March
30, 1994 in favor of the complainant in the amount of ₱500,000.00 which was dishonored Canon 7.
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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
₱500,000.00 the latter gave him was in payment of for being drawn against a closed account. Despite repeated demands by complainant, the A lawyer shall at all times uphold the integrity and
his personal shares of ISRC stock, as evidenced by a respondent failed to settle his obligation or redeem his dishonored check. dignity of the legal profession and support the
Deed of Assignment.) activities of the Integrated Bar.

Rule 7.03.
A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he,
whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.

SEPTEMBER

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 7902 September 30, 2008 Overgaard engaged the services of Atty. Valdez as his legal counsel in two cases filed by him and CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1, Rule Atty. Godwin R. Valdez is hereby
TORBEN B. OVERGAARD two cases filed against him. 1.01 and Canon 15, Canon 16, Rule 16.01 and Canon 17 and DISBARRED and his name is ordered
vs. Canon 18, Rule 18.04. STRICKEN from the Roll of Attorneys. He
Torben Overgaard filed a disbarment case against Atty. Valdez for despite the receipt of the full
ATTY. GODWIN R. VALDEZ is ORDERED to immediately return to
amount of legal fees ofP900,000.00 as stipulated in a Retainer Agreement, Valdez refused to
perform any of his obligations under their and, ignored the Overgaard’s request for report of the Canon 1. Torben B. Overgaard the amount of
status of the cases entrusted, and rejected the complainants demands for the return of the A lawyer shall uphold the constitution, obey the laws of the $16,854.00 or its equivalent in Philippine
(Torben Overgaard filed a disbarment case money paid to him. For his part, Atty. Valdez failed to neither answer the complaint against him land and promote respect for law and legal processes. Currency at the time of actual payment,
against Atty. Valdez for despitethe receipt of nor attend the hearing even with due notice. with legal interest of six percent (6%) per
the full amount of legal fees ofP900,000.00 Rule 1.01. annum from November 27, 2006, the
as stipulated in aRetainer Agreement, Valdez On September 30, 2008 the Court found Valdez to be guilty of violations of the canons of Code of A lawyer shall not engage in unlawful, dishonest, immoral or date of extra-judicial demand.
Professional Responsibility his name was ordered to be stricken the roll of attorneys.
refused to perform any of his obligations deceitful conduct.
October 21, 2008 filed a Motion for Reconsideration. He argued that he have no knowledge of the
undertheir and, ignored the disbarment case filed against him. A twelve percent (12%) interest per
Overgaard’s request for report of the status Canon 15. annum, in lieu of six percent (6%), shall
of thecases entrust) In September 2006he abandoned his Makati office and Cavite residence and moved his office in A lawyer shall observe candor, fairness and loyalty in all his be imposed on such amount from the
Bukidnon where he also resided due to a threat on his person, and he as dealings and transactions with his client. date of promulgation of this decision until
not able to receive the demands of Overgaard or orders and noticespertaining to the disbarment the payment thereof. He is further
case. Canon 16. ORDERED to immediately return all
A lawyer shall hold in trust all moneys and properties of his papers and documents received from the
He also argued that he gave the Overgaard legal
advice, and that hesearched for and interviewed witnesses in relation to the cases he washandling client that may come into his profession. complainant
for the latter.
Rule 16.01
As for the 900, 000.00 pesos, he claimed that A lawyer shall account for all money and property collected
hegave 300,000.00 to two intelligence operatives to locate witnesses.
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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
or received for and from the client.
He offered to return 250,000.00 but Overgaard’s partner refused to accept. But he was not able
to present receipt made by the intelligence operatives nor Canon 17.
other certification or receipts on how the money was spent to providesufficient accounting.
A lawyer owes fidelity to the cause of his client and he shall
be mindful of the trust and confidence reposed in him.

Canon 18.
A lawyer shall serve his client with competence and diligence.

Rule 18.04.
A lawyer shall keep the client informed of the status of his
case and shall respond within a reasonable time to the
client's request for information.

ATTY. RICARDO M. A.C. No. 7820 The writ of preliminary attachment was used to attach two (2) cars - a black 1995 Volvo and a CODE OF PROFESSIONAL RESPONSIBILITY, Canon 11. Atty. Joselito C. Frial is adjudged guilty of
SALOMON, JR., green 1993 Nissan Sentra. grave misconduct and infidelity in the
V Canon 11 custody of properties in custodia legis. He
ATTY. JOSELITO C. FRIAL According to Atty. Salomon, the attaching sheriff of Manila, instead of depositing the attached A lawyer shall observe and maintain the respect due to the is hereby SUSPENDED from the practice
cars in the court premises, turned them over to Atty. Frial, Los counsel. Atty. Salomon claimed courts and to judicial officers and should insist on similar of law for a period of one (1) year
conduct by others.
(driving the car and using it. Car Volvo was that on several occasions, the Nissan Sentra was spotted being used by unauthorized individuals effective upon his receipt of this Decision
on fire) on several occasions.

The Volvo, during the mediation, Atty. Frial deliberately withheld information as to its
whereabouts. As it turned out later, that it was destroyed by fire and it was not reported to the
court or the sheriff.

OCTOBER

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 1481 October 17, 2008 In her complaint, Rebecca alleged that she and respondent were married on CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1, Rule DISBARRED
REBECCA B. ARNOBIT August 20, 1942. Twelve children were born out of this union. Rebecca further 1.01 and Canon 7, Rule 7.03.
vs. alleged seeing respondent through law school, continuously supporting him until
ATTY. PONCIANO P. ARNOBIT he passed the bar examinations and became a member of the Philippine bar. Canon 1.
A lawyer shall uphold the constitution, obey the laws of the
(grounds of Immorality and Abandonment.) Several years after, however, or in 1968, respondent left the conjugal home and land and promote respect for law and legal processes.
started cohabiting with one Benita Buenafe Navarro who later bore him four
more children. Respondent’s infidelity, according to Rebecca, impelled her to file Rule 1.01.

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ADM. CASE NO. 7091 October 15, 2008
JOFEL P. LEGASPI
vs.
ATTYS. RAMON LANDRITO and MAGNO TORIBIO
(LANDRITO – there is no indication that he participated in the
preparation or notarization of the SPA. There is also no basis
to conclude that he knew of the defect in the notarization of
the SPA and introduced the same in evidence with the
knowledge of its deficiency. )
(Atty. Toribio, for his part, allegedly notarized the SPA
without requiring the presence of the principals, and
verifying whether the said document was really executed by
the latter and that the same was their free and voluntary act
and deed.
MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
a complaint for legal separation and support. A criminal case for adultery against A lawyer shall not engage in unlawful, dishonest, immoral or
Benita and respondent later followed. deceitful conduct.
"Always traveling all over the country, ostensibly for business purposes, without Canon 7.
his knowledge and consent, x x x thereby neglecting her obligations toward her A Lawyer Shall At All Times Uphold The Integrity And Dignity
family." Of The Legal Profession And Support The Activities Of The
Integrated Bar
Rule 7.03.
A lawyer shall not engage in conduct that adversely reflects
on his fitness to practice law, nor should he, whether in
public or private life, behave in a scandalous manner to the
discredit of the legal profession.
Grave Misconduct, Grave Dishonesty, Use of Falsified Document and Conduct CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1, Rule He is hereby SUSPENDED from the
Unbecoming of a Member of the Bar, in relation to the alleged falsification of a 1.01 and Canon 7, Rule 7.03 and Canon 19. practice of law for six (6) months, with a
Special Power of Attorney (SPA) dated December 27, 2005. The same SPA was stern warning that repetition of the same
also used as the basis of an Affidavit-Complaint for Falsification of Public Canon 1. or similar conduct in the future will be
Document and Use of Falsified Document filed against respondents with the A lawyer shall uphold the constitution, obey the laws of the dealt with more severely. His notarial
Office of the City Prosecutor of Trece Martires City, Cavite. land and promote respect for law and legal processes. commission, if any, is also hereby
SUSPENDED for six (6) months.
Atty. Landrito allegedly used the falsified SPA as evidence in the DARAB case with Rule 1.01.
full knowledge of its falsity. A lawyer shall not engage in unlawful, dishonest, immoral or The case against Atty. Ramon P. Landrito
Pedrito Aragon purportedly in representation of his co-heirs, Madonna Aragon deceitful conduct. is hereby DISMISSED for lack of merit.
Aristorenas (Madonna Aristorenas), Jesusa Aragon, Rafael Aragon, and Danilo
Aragon. Atty. Landrito allegedly made it appear that Pedrito Aragon was duly Canon 7.
authorized to file the suit and to represent his co-heirs therein by preparing the A Lawyer Shall At All Times Uphold The Integrity And Dignity
falsified SPA Of The Legal Profession And Support The Activities Of The
Integrated Bar
However, Madonna Aristorenas and Rafael Aragon could not have executed the
SPA as they were then already residing in the United States of America and Rule 7.03.
Canada, respectively. Besides, they did not return to the Philippines in 2005 as A lawyer shall not engage in conduct that adversely reflects
certified by the Bureau of Immigration and are not even Filipino citizens on his fitness to practice law, nor should he, whether in
Atty. Toribio, for his part, allegedly notarized the SPA without requiring the public or private life, behave in a scandalous manner to the
presence of the principals, and verifying whether the said document was really discredit of the legal profession.
executed by the latter and that the same was their free and voluntary act and
deed. Canon 19.
A lawyer shall represent his client with zeal within the
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 MAIKAHNDEORO – PROBLEM IN LEGAL ETHICS
bounds of the law.

NOVEMBER

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 5851 November 25, 2008 Forging the signature of an affiant [Zenaida A. Dela Cruz] in a Special Power of CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1, Court SUSPENDS him from the practice of law for
GRACE DELA CRUZ-SILLANO Attorney (SPA) … Rule 1.01. one year; REVOKES his incumbent notarial
vs. commission, if any; and PROHIBITS him from being
ATTY. WILFREDO PAUL D. PANGAN "Process, claim, receive and encash checks representing my (affiant's) benefits Canon 1. commissioned as a notary public for one year,
arising from my insurance policy with the Insular Life Assurance Company Ltd." A lawyer shall uphold the constitution, obey the laws effective immediately, with a stern warning that a
(deceased mother who resides in the U.S. of A has been of the land and promote respect for law and legal repetition of the same or similar offense shall be
bedridden for several months as she was diagnosed to be processes. dealt with more severely
suffering from Malignant Cancer of the Lungs
Rule 1.01.
A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.

DECEMBER

TITLE OF THE CASE PROBLEM AREAS CANON/S VIOLATED PENALTY IMPOSED

A.C. No. 6713 December 8, 2008 All three documents carried forged signatures and falsely certified that the CODE OF PROFESSIONAL RESPONSIBILITY, Canon 1, SUSPENDED from the practice of law for a period
ZENAIDA B. GONZALES complainant personally appeared before the respondent and that she was Rule 1.01. of THREE (3) MONTHS, and his notarial commission
vs. "known to me (the respondent) to be the same person who executed the is hereby REVOKED.
ATTY. NARCISO PADIERNOS foregoing and acknowledged to me that the same is her own free act and Canon 1.
("was negligent in the performance of his duties as a notary voluntary deed." A lawyer shall uphold the constitution, obey the laws
public.") of the land and promote respect for law and legal
, "the fraudulent transfer of complainant's property could (1) a Deed of Absolute Sale processes.
have been prevented." (2) a Subdivision Agreement
(3) an affidavit of Non-Tenancy

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