1) In Matter of Charges of Plagiarism, etc.

Against Associate intents of the plagiarized sources to suit the arguments of the
Justice Mariano C. Del Castillo (EN BANC) assailed Judgment.
A.M. No. 10-7-17-SC | October 12, 2010 | Plagiarism ● They charged Justice Del Castillo of copying without acknowledgement
Facts: certain passages from three foreign articles:
● Black’s Law Dictionary defines plagiarism as the deliberate and a. A Fiduciary Theory of Jus Cogens by Evan J. Criddle and Evan Fox-
knowing presentation of another person's original ideas or creative Descent, Yale Journal of International Law (2009);
expressions as one's own.[16] Thus, plagiarism presupposes intent b. Breaking the Silence: Rape as an International Crime by Mark Ellis,
and a deliberate, conscious effort to steal anothers work and pass it Case Western Reserve Journal of International Law (2006); and
off as ones own. c. Enforcing Erga Omnes Obligations by Christian J. Tams, Cambridge
● Petitioners are Isabelita C. Vinuya and about 70 other elderly women University Press (2005).
● Claimed that in destroying villages in the Philippines during World War II, ● Evan Criddle wrote on his blog his concern, after reading the
the Japanese army systematically raped them and a number of other supplemental motion for reconsideration, was the Courts conclusion that
women, seizing them and holding them in houses or cells where soldiers prohibitions against sexual slavery are not jus cogens or internationally
repeatedly ravished and abused them. binding norms that treaties cannot diminish.
● They wanted the Court to render judgment, compelling the Executive ● Dr. Mark Ellis wrote the Court expressing concern that in mentioning his
Department to espouse their claims for official apology and other forms work, the Court may have misread the argument [he] made in the article
of reparations against Japan before the International Court of Justice and and employed them for cross purposes. Dr. Ellis said that he wrote the
other international tribunals. article precisely to argue for appropriate legal remedy for victims of war
● On April 28, 2010, the Court rendered judgment dismissing petitioners crimes.
action. Justice Mariano C. del Castillo wrote the decision for the Court. ● Mr. Christian J. Tams wrote Chief Justice Renato C. Corona that,
○ 1st reason: The Executive Department has the exclusive although relevant sentences in the Courts decision were taken from his
prerogative under the Constitution and the law to determine work, he was given generic reference only in the footnote and in
whether to espouse petitioners claim against Japan connection with a citation from another author (Bruno Simma) rather than
○ 2nd reason: the Philippines is not under any obligation with respect to the passages taken from his work.
in international law to espouse their claims.
● Atty. Herminio Harry Roque, Jr., announced in his online blog that his Issue:
clients would file a supplemental petition detailing plagiarism committed 1. Whether or not, in writing the opinion for the Court in the Vinuya case,
by the court under the second reason it gave for dismissing the petition Justice Del Castillo plagiarized the published works of authors Tams,
and that these stolen passages were also twisted to support the courts Criddle-Descent, and Ellis. - NO
erroneous conclusions that the Filipino comfort women of World War
Two have no further legal remedies. 2. Whether or not Justice Del Castillo twisted the works of these authors
● On July 19, 2010, petitioners filed the supplemental motion for to make it appear that such works supported the Courts position in the
reconsideration that Atty. Roque announced. It accused Justice Del Vinuya decision. - NO
Castillo of manifest intellectual theft and outright plagiarism[1]
when he wrote the decision for the Court and of twisting the true

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Held: DISMISSES for lack of merit petitioner Vinuya, et al.s charges of ○ We fully agree that rape, sexual slavery, torture, and
plagiarism, twisting of cited materials, and gross neglect against Justice sexual violence are morally reprehensible as well as
Mariano C. del Castillo legally prohibited under contemporary international law.
65 xxx
Ratio: ● Footnote 65 appears down the bottom of the page. Since the lengthy
● To plagiarize, as it is commonly understood according to Webster, is to passages in that footnote came almost verbatim from Ellis article,[10]
take (ideas, writings, etc.) from (another) and pass them off as ones such passages ought to have been introduced by an
own.[8] The passing off of the work of another as ones own is thus an acknowledgement that they are from that article.
indispensable element of plagiarism. ○ But, as it happened, the acknowledgment above or a similar
The Passages from Tams introduction was missing from Footnote 65.
● Petitioners point out that the Vinuya decision lifted passages from ● Criddle-Descents’:Petitioners also point out that the following eight
Tams book, Enforcing Erga Omnes Obligations in International Law sentences and their accompanying footnotes appear in text on pages
(2006) and used them in Footnote 69 with what the author thought 30-32 of the Vinuya decision (I won’t paste it here na)
was a mere generic reference. ○ The Vinuya decision lifted such, including their footnotes,
○ Petitioners cannot deny that the decision did attribute the from Criddle-Descents article, A Fiduciary Theory of Jus
source or sources of such passages Cogens.[11] Criddle-Descents footnotes were carried into
● Justice Del Castillo did not pass off Tams work as his own. The the Vinuya decisions own footnotes but no attributions
Justice primarily attributed the ideas embodied in the passages to were made to the two authors in those footnotes.
Bruno Simma, whom Tams himself credited for them. ● Unless amply explained, the above lifting from the works of Ellis and
● whether or not the footnote is sufficiently detailed, so as to satisfy the Criddle-Descent could be construed as plagiarism.
footnoting standards of counsel for petitioners is not an ethical ● But one of Justice Del Castillos researchers, a court-employed
matter but one concerning clarity of writing. attorney, explained how she accidentally deleted the attributions,
● The statement See Tams, Enforcing Obligations Erga Omnes in originally planted in the beginning drafts of her report to him, which
International Law (2005) in the Vinuya decision is an attribution no report eventually became the working draft of the decision.
matter if Tams thought that it gave him somewhat less credit than he ● With the advent of computers, when the researcher found items that
deserved. were relevant to her assignment, she downloaded or copied them
● That it would have been better had Justice Del Castillo used the into her main manuscript, a smorgasbord plate of materials that she
introductory phrase cited in rather than the phrase See would make thought she might need.
a case of mere inadvertent slip rather than a case of manifest ● She electronically cut relevant materials from books and journals in
intellectual theft and outright plagiarism the Westlaw website and pasted these to a main manuscript in her
The Passages from Ellis and Criddle-Descent computer that contained the issues for discussion in her proposed
● Petitioners also attack the Courts decision for lifting and using as report to the Justice by using Microsoft Word program.
footnotes, without attribution to the author, passages from the ● Later, after she decided on the general shape that her report would
published work of Ellis. take, she began pruning from that manuscript those materials that
● Ellis’ work: FOOTNOTE 65 (This is the quoted work assailed): did not fit, changing the positions in the general scheme of those that

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 remained, and adding and deleting paragraphs, sentences, and ● The tag is of course temporary and would later have to go. It serves
words as her continuing discussions with Justice Del Castillo, her but a marker to help researcher X maneuver the passage into the
chief editor, demanded. right spot in his final manuscript.
● Justice Del Castillos researcher showed the Committee the early ● The mistake of Justice Del Castillos researcher is that when she
drafts of her report in the Vinuya case and these included the was already cleaning up her work and deleting all subject tags, she
passages lifted from the separate articles of Criddle-Descent and of unintentionally deleted the footnotes that went with such tags with
Ellis with proper attributions to these authors. But, as it happened, disastrous effect.
in the course of editing and cleaning up her draft, the ● This was what happened in the attributions to Ellis and Criddle-
researcher accidentally deleted the attributions. Descent. With 119 sources cited in the decision, the loss of the 2 of
First finding them was not easily detectable.
● The Court adopts the Committees finding that the researchers ● Petitioners point out that the Justice did not disclose his researchers
explanation regarding the accidental removal of proper error in that letter despite the latters confession regarding her
attributions to the three authors is credible. Given the operational mistake even before the Justice sent his letter to the Chief Justice.
properties of the Microsoft program in use by the Court, the By denying plagiarism in his letter, Justice Del Castillo allegedly
accidental decapitation of attributions to sources of research perjured himself and sought to whitewash the case.
materials is not remote. ○ SC: Untenable. He wrote the decision for the Court and was
● To illustrate: expected to take full responsibility for any lapse arising from
○ Researcher X would have to tag the Tolentino passage with its preparation. What is more, the process of drafting a
a short description of its subject for easy reference. A particular decision for the Court is confidential, which
suitable subject description would be: The inalienable explained his initial request to be heard on the matter without
character of juridical personality.23 The footnote mark, 23 the attendance of the other parties.
From Tolentino, which researcher X attaches to the subject ● Both Justice Del Castillo and his researcher gain nothing from the
tag, serves as reminder to him to attribute the passage in its omission. Thus, the failure to mention the works of Criddle-Decent
final form to Tolentino. After the passage has been tagged, it and Ellis was unquestionably due to inadvertence or pure oversight.
would now appear like this: ● Petitioners of course insist that intent is not material in committing
The inalienable character of juridical personality.23 plagiarism. Petitioners point out that the Court should apply to this
case the ruling in University of the Philippines Board of Regents v.
xxx Both juridical capacity and capacity to act are not Court of Appeals
rights, but qualities of persons; hence, they cannot be ○ plagiarism is essentially a form of fraud where intent to
alienated or renounced.24 deceive is inherent.. The theory places an automatic
_____________________________ universal curse even on errors that, as in this case, have
23 From Tolentino. reasonable and logical explanations.
24 3 Von Tuhr 296; 1 Valverde 291. ● In U.P. Board of Regents: The Court merely affirmed the academic
freedom of a university to withdraw a masters degree that a student

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 obtained based on evidence that she misappropriated the work of ● petitioners assert that, even if they were to concede that the
others, passing them off as her own. omission was the result of plain error, Justice Del Castillo is
Second finding nonetheless guilty of gross inexcusable negligence. They point out
● The Court also adopts the Committees finding that the omission of that he has full control and supervision over his researcher and
attributions to Criddle-Descent and Ellis did not bring about an should not have surrendered the writing of the decision to the latter.
impression that Justice Del Castillo himself created the ● With about 80 to 100 cases assigned to a Justice in our Court each
passages that he lifted from their published articles. month, it would be truly senseless for him to do all the studies and
● In the previous example, although the unintended deletion severed research, going to the library, searching the internet, checking
the passages link to Tolentino, the passage remains to be attributed footnotes, and watching the punctuations.
to Von Tuhr and Valverde, the original sources that Tolentino himself ○ If he does all these by himself, he would have to allocate at
cites. The text and its footnote reference cancel out any impression least one to two weeks of work for each case that has been
that the passage is a creation of researcher X. It is the same with the submitted for decision. The wheels of justice in the Supreme
passages from Criddle-Descent and Ellis. Court will grind to a halt under such a proposition.
Third finding ● The Justices researcher was after all competent in the field of
● Petitioners allege that the decision twisted the passages from Tams, assignment given her. She finished law from a leading law school,
Criddle-Descent, and Ellis. The Court adopts the Committees finding graduated third in her class, served as Editor-in Chief of her schools
that this is not so. Law Journal, and placed fourth in the bar examinations
● For example, if one lifts the lyrics of the National Anthem, uses it in ● She earned a masters degree in International Law and Human
his work, and declares that Jose Palma who wrote it did not love his Rights from a prestigious university in the United States under the
country, then there is twisting or misrepresentation of what the Global-Hauser program, which counsel for petitioners concedes to
anthems lyrics said. be one of the top post graduate programs on International Law in the
● The fact is that, first, since the attributions to Criddle-Descent and world. Justice Del Castillo did not exercise bad judgment in assigning
Ellis were accidentally deleted, it is impossible for any person the research work in the Vinuya case to her.
reading the decision to connect the same to the works of those ● Can errors in preparing decisions be prevented? Not until
authors as to conclude that in writing the decision Justice Del Castillo computers cease to be operated by human beings who are
twisted their intended messages. vulnerable to human errors. They are hypocrites who believe
● second, the lifted passages provided mere background facts that that the courts should be as error-free as they themselves are.
established the state of international law at various stages of its __________________________________________________
development. 2) In Matter of Charges of Plagiarism, etc. Against Associate
No misconduct Justice Mariano C. Del Castillo
● Only errors that are tainted with fraud, corruption, or malice are A.M. No. 10-7-17-SC | February 8, 2011 | Plagiarism
subject of disciplinary action.[20] This is not the case here. Justice
Del Castillos acts or omissions were not shown to have been Facts:
impelled by any of such disreputable motives. ● The Malaya Lolas received an adverse decision in the case Vinuya vs
No inexcusable negligence Romulo decided by the Supreme Court on April 28, 2010.

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● The Malaya Lolas sought the annulment of said decision due to the thoughts published in a legal periodical or language from a
alleged irregularity in the writing of the text of the decision. party’s brief are used without giving attribution.
○ judges are free to use whatever sources they deem
Issue: WON plagiarism is applicable to decisions promulgated by the appropriate to resolve the matter before them, without fear of
Supreme Court. - NO reprisal.
● This exemption applies for two reasons: the judge is not writing
Held: WHEREFORE, in view of all of the above, the Court: a literary work and, more importantly, the purpose of the writing
1. DISMISSES for lack of merit petitioner Vinuya, et al.s charges of is to resolve a dispute. As a result, judges adjudicating cases
plagiarism, twisting of cited materials, and gross neglect against Justice are not subject to a claim of legal plagiarism.
Mariano C. del Castillo;
Academic standards:
2. DIRECTS the Public Information Office to send copies of this decision to
Professors Evan J. Criddle and Evan Fox-Descent, Dr. Mark Ellis, and ● Original scholarship is highly valued in the academe and rightly so. A
Professor Christian J. Tams at their known addresses; college thesis, for instance, should contain dissertations embodying
3. DIRECTS the Clerk of Court to provide all court attorneys involved in legal results of original research, substantiating a specific view.
research and reporting with copies of this decision and to enjoin them to ● since the writing is intended to earn for the student an academic
avoid editing errors committed in the Vinuya case while using the existing degree, honor, or distinction. He earns no credit nor deserves it who
computer program especially when the volume of citations and footnoting takes the research of others, copies their dissertations, and
is substantial; and
proclaims these as his own. There should be no question that a
4. Finally, DIRECTS the Clerk of Court to acquire the necessary software for
use by the Court that can prevent future lapses in citations and attributions. cheat deserves neither reward nor sympathy.
● Since it would be easy enough for a student to plead ignorance or
Ratio: lack of malice even as he has copied the work of others, certain
● It has been a long standing practice in this jurisdiction not to cite or schools have adopted the policy of treating the mere presence of
acknowledge the originators of passages and views found in the such copied work in his paper sufficient objective evidence of
Supreme Court’s decisions. plagiarism.
● These omissions are true for many of the decisions that have been Decisions of Court:
penned and are being penned daily by magistrates from the Court of ● not written to earn merit, accolade, or prize as an original piece of
Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional work or art. Deciding disputes is a service rendered by the
Trial Courts nationwide and with them, the municipal trial courts and government for the public good.
other first level courts. ● Judges issue decisions to resolve everyday conflicts involving people
● Never in the judiciary’s more than 100 years of history has the lack of of flesh and blood who ache for speedy justice or juridical beings
attribution been regarded and demeaned as plagiarism. which have rights and obligations in law that need to be protected.
● As put by one author, Joyce C. George from her Judicial Opinion Writing ● The interest of society in written decisions is not that they are
Handbook: originally crafted but that they are fair and correct in the context of
○ A judge writing to resolve a dispute, whether trial or the particular disputes involved. Justice, not originality, form, and
appellate, is exempted from a charge of plagiarism even if style, is the object of every decision of a court of law.
ideas, words or phrases from a law review article, novel Practicing lawyers:

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 ● Lawyers also need to strive for technical accuracy in their writings.
● They should not be exposed to charges of plagiarism in what they Held: For making a wrong citation, the Court admonishes Atty. Jesus S.
write so long as they do not depart, as officers of the court, from the Anonat, counsel for the Tan Heirs, to be more careful when citing
objective of assisting the Court in the administration of justice. jurisprudence. The Court reminds him of his duty not to knowingly misquote
● Duncan Webb: The converse point is that originality in the law is the text of a decision or authority[32] lest he be guilty of misleading the Court.
viewed with skepticism. It is only the arrogant fool or the truly gifted
who will depart entirely from the established template and Ratio:
reformulate an existing idea in the belief that in doing so they will ● The case of Garchitorena v. Panganiban which the Tan Heirs invoked
improve it. to justify the extinguishment of leasehold relation does not appear on
__________________________________________________ page 339 of Volume 8 of the Supreme Court Reports Annotated.
3) Heirs of Tan vs. Pollescas ● What is printed on such page is the case of Republic v. Perez with
G.R. No. 145568| Nov 17, 2005 | Wrong Case docket number L-16112 and promulgated on 29 June 1963.
Facts: _____________________________________________________________
● Petitioners Norma Tan, Jeanette Tan, Julieta Tan, Rommel[3] Tan and 4) Allied Banking Corporation vs. CA
Enrique Tan, Jr. (Tan Heirs) are co-owners of a coconut farmland (Land) G.R. No. 144412| November 18, 2003| Misquoting
located at Labo, Ozamis City Facts:
● Esteban Pollescas (Esteban) was the original tenant of the Land. Upon ● Private respondent Potenciano Galanida was hired by petitioner Allied
Estebans death in 1991, his son Enrique Pollescas (Enrique) succeeded Banking Corporation and rose from accountant-book(k)eeper to assistant
him and was appointed as tenant by the landowner Enrique Tan (Tan). manager in 1991.
● However, respondent Reynalda Pollescas (Reynalda), Estebans ● His appointment was covered by a Notice of Personnel Action which
surviving second spouse, demanded that Tan recognize her as Estebans provides as one of the conditions of employment the provision on
successor. Tan did not accede. Thus, Reynalda filed with the petitioners right to transfer employee.
Department of Agrarian Reform Adjudication Board of Ozamis City ○ REGULAR APPOINTMENT: xxx It is understood that the
(DARAB-Ozamis) a complaint for Annulment of Compromise Agreement, bank reserves the right to transfer or assign you to other
Quieting of Tenancy Relationship and damages departments or branches of the bank as the need arises and
● In its Decision dated 28 April 1993, the DARAB-Ozamis declared in the interest of maintaining smooth and uninterrupted
Reynalda as the lawful tenant of the Land. service to the public.
● Subsequently, for Reynaldas continued failure to deliver their share, the ● Private respondent was promoted several times and was transferred
Tan Heirs filed with the DARAB, Misamis Occidental (DARAB-Misamis to several branches
Occidental) an ejectment case. ● Effecting a rotation/movement of officers assigned in the Cebu
● CA: In favor of Reynaldas (ordering the Tan Heirs to respect Reynaldas homebase, petitioner listed respondent as second in the order of
possession and cultivation of the Land) priority of assistant managers to be assigned outside of Cebu City
having been stationed in Cebu for seven years already.
Issue: WON Tan Heir’s counsel committed a wrong citation to invoke ● Private respondent manifested his refusal to be transferred to
petitioner’s exception to extinguishment of leasehold relation? - YES Bacolod City in a letter dated 19 April 1994 citing as reason parental

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 obligations, expenses, and the anguish that would result if he is
away from his family. Held: We admonish them for what is at the least patent carelessness, if not
○ He then filed a complaint before the Labor Arbiter for an outright attempt to mislead the parties and the courts taking cognizance of
constructive dismissal. this case. Rule 10.02, Canon 10 of the Code of Professional Responsibility
● petitioner bank informed private respondent (Rollo, p. 86) that he mandates that a lawyer shall not knowingly misquote or misrepresent the text
was to report to the Tagbilaran City Branch effective 23 May 1994. of a decision or authority.
Private respondent refused.
● Allied Bank had terminated his services effective 1 September 1994. Ratio:
The reasons given for the dismissal were: (1) Galanidas continued ● The memorandum prepared by Atty. Durano and, worse, the assailed
refusal to be transferred from the Jakosalem, Cebu City branch; and Decision of the Labor Arbiter, both misquoted the Supreme Courts ruling
(2) his refusal to report for work despite the denial of his application in Dosch v. NLRC.
for additional vacation leave. ● In Dosch, the phrase [r]efusal to obey a transfer order cannot be
● Court of Appeals: Citing Dosch v. NLRC,[14] it was held that considered insubordination where employee cited reason for said
Galanidas refusal to comply with the transfer orders did not warrant refusal, such as that of being away from the family does not appear
his dismissal. The appellate court ruled that the transfer from a anywhere in the Dosch decision. Galanidas counsel lifted the erroneous
regional office to the smaller Bacolod or Tagbilaran branches was phrase from one of the italicized lines in the syllabus of Dosch found in
effectively a demotion. The appellate court agreed that Allied Bank the Supreme Court Reports Annotated (SCRA).
did not afford Galanida procedural due process because there was ● The syllabus of cases in official or unofficial reports of Supreme Court
no hearing and no notice of termination. The Memo merely stated decisions or resolutions is not the work of the Court, nor does it state this
that the bank would issue a notice of termination but there was no Courts decision.
such notice. ○ The syllabus is simply the work of the reporter who gives his
● Galanida defended his right to refuse the transfer order. The understanding of the decision. The reporter writes the
memorandum for Galanida filed with this Court, prepared by Atty. syllabus for the convenience of lawyers in reading the
Loreto M. Durano, again misquoted the Courts ruling in Dosch v. reports. A syllabus is not a part of the courts decision.[20] A
NLRC, thus: counsel should not cite a syllabus in place of the carefully
xxx His [Galanidas] refusal to transfer falls well within the ruling of considered text in the decision of the Court.
the Supreme Court in Helmut Dosch vs. NLRC, et. al., 123 SCRA ● We admonish them for what is at the least patent carelessness, if not
296 (1983) quoted as follows: an outright attempt to mislead the parties and the courts taking
xxx cognizance of this case. Rule 10.02, Canon 10 of the Code of
Refusal to obey a transfer order cannot be considered Professional Responsibility mandates that a lawyer shall not
insubordination where employee cited reason for said refusal, knowingly misquote or misrepresent the text of a decision or
such as that of being away from the family. authority. It is the duty of all officers of the court to cite the rulings
and decisions of the Supreme Court accurately
Issue: WON there was a violation of the Code of Professional Responsibility ○ they deliberately made the quote from the SCRA syllabus
after misquoting decisions of the Supreme Court - YES appear as the words of the Supreme Court.

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_____________________________________________________________ document, his notarial stamp and falsified signature were
5) Gimeno vs. Zaide superimposed over the typewritten name of Atty. Elpedio Cabasan,
A.C. No. 10303| April 22, 2015 the lawyer who actually notarized this document.13 Atty. Zaide
claimed that Gimeno falsified his signature to make it appear that he
Facts: notarized it before his admission to the Bar.
● complainant Joy A. Gimeno (Cimeno) filed a complaint3 with the IBP's ● On the alleged falsification of his notarial entries, Atty. Zaide
Commission on Bar Discipline, charging Atty. Zaide with: (1) usurpation contended that he needed to simultaneously use several notarial
of a notary public's office; (2) falsification; (3) use of intemperate, registers in his separate satellite offices in order to better cater to the
offensive and abusive language; and (4) violation of lawyer-client trust. needs of his clients and accommodate their growing number.14 This
● In her complaint, Gimeno alleged that even before Atty. Zaide's explains the irregular and non-sequential entries in his notarial
admission to the Bar and receipt of his notarial commission, he had registers.
notarized a partial extrajudicial partition with deed of absolute sale on ● Further, Atty. Zaide argued that Gimeno was never his client since
March 29, 2002. She also accused Atty. Zaide of making false and she did not personally hire him as her counsel. Gimeno engaged the
irregular entries in his notarial registers. services of ZMZ where he previously worked as an associate.
● Gimeno further submitted that she was Atty. Zaide's former client. She IBP Proceedings
engaged the services of his law firm Zaragoza-Makabangkit-Zaide Law ● Commissioner Pedro A. Magpayo, Jr. (Commissioner Magpayo)
Offices (ZMZ) in an annulment of title case that involved her husband found Atty. Zaide administratively liable for violating the Notarial
and her parents-in-law. Practice Rules, representing conflicting interests, and using abusive
● Atty. Zaide still appeared against her in the complaint for estafa and and insulting language in his pleadings.
violation of RA 30198 that one Priscilla Somontan (Somontan) filed ● Atty. Zaide violated Section 1(a) and 1(b), Rule VI of the Notarial
against her with the Ombudsman Practice Rules when he maintained several active notarial registers
○ Gimeno posited that by appearing against a former client, in different offices.
Atty. Zaide violated the prohibition against the representation ○ These provisions respectively require a notary public to
of conflicting clients' interests.9 Lastly, Gimeno contended "keep, maintain, protect and provide for lawful inspection, a
that Atty. Zaide called her a "notorious extortionist" in the chronological official register of notarial acts consisting of a
same administrative complaint that Somontan filed against permanently bound book with numbered papers" and to
her. "keep only one active notarial register at any given time."
● In another civil case where she was not a party, Gimeno observed ● However, Commissioner Magpayo opined that Atty. Zaide should not
that Atty. Zaide referred to his opposing counsel as someone be held administratively liable for usurping a notary public's office.
suffering from "serious mental incompetence" in one of his ○ The investigating commissioner noted that the evidence
pleadings.11 According to Gimeno, these statements constitute presented on this issue is not enough to prove that Atty.
intemperate, offensive and abusive language, which a lawyer is Zaide signed and notarized the March 29, 2002 partial
proscribed from using in his dealings. extrajudicial partition even after his admission to the Bar and
● Atty. Zaide argued that he did not notarize the March 29, 2002 partial receipt of his notarial commission.
extrajudicial partition. As it appeared on the notarial page of this

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 ● He disagreed with Atty. Zaide's defense that Gimeno only hired ZMZ register and was never included in his notarial report for the year
but did not personally hire him to defend them in their annulment of 2002.
title case. ● Atty. Zaide's details as a lawyer and as a notary public had not yet
○ The retainer of a law firm is equivalent to the retainer of all existed. He was admitted to the Bar only on May 2, 2002; thus, he
its lawyers.21 But despite this previous attorney-client could not have obtained and used the exact figures pertaining to his
relationship, the investigating commissioner noted that Atty. roll number, PTR number, IBP number and the expiration date of his
Zaide should not be held liable for representing notarial commission, prior to this date, particularly on March 29,
conflicting interests since the annulment of title case is 2002.
totally unrelated to the Ombudsman complaint that ● Atty. Zaide could not have notarized the document before his Bar
Somontan filed against Gimeno through Atty. Zaide. admission and receipt of his notarial commission.
● Finally, the investigating commissioner noted that Atty. Zaide used b. Maintaining different notarial registers in separate notarial offices
intemperate, offensive, and abusive language when he called ● We find that Atty. Zaide violated the Notarial Practice Rules by
Gimeno a "notorious extortionist" in one of his pleadings. maintaining different notarial registers in several offices.
● Section 1(a), Rule VI of the Notarial Practice Rules provides that "a
Issue: notary public shall keep, maintain, protect and provide for lawful
1. WON Atty. Zaide committed usurpation of notarial office - NO inspection as provided in these Rules, a chronological official notarial
2. WON violated Section 1(a) and 1(b), Rule VI of the Notarial Practice register of notarial acts consisting of a permanently bound book with
Rules when he maintained several active notarial registers in numbered pages." The same section further provides that "a notary
different offices. - YES public shall keep only one active notarial register at any given time."
3. WON Atty. Zaide made false and irregular entries in his notarial ● On the other hand, entries in a notarial register need to be in
registers by not following the chronological sequence - YES chronological sequence in order to address and prevent the rampant
4. WON there was conflicting interests - NO practice of leaving blank spaces in the notarial register to allow the
5. WON Atty. Zaide used offensive language - YES antedating of notarizations.
○ we cannot accept Atty. Zaide's explanation that he needed to
Ratio: maintain several active notarial registers in separate offices
Violation of the Notarial Practice Rules so he could accommodate the increasing number of his
a. Usurpation of a notarial office clients requiring his notarial services.
● The partial extrajudicial partition document originally carried the ● Atty. Zaide should have been acutely aware of the requirements of
name of one Atty. Elpedio Cabasan, as notary public. his notarial commission. His flagrant violation of Section 1, Rule VI of
○ Atty. Zaide's signature and notarial stamp that bears his the Notarial Practice Rules is not merely a simple and excusable
name, roll number, PTR number, IBP number, and the negligence. It amounts to a clear violation of Canon 1 of the Code of
expiration date of his notarial commission, were merely Professional Responsibility, which provides that "a lawyer [should]
superimposed over Atty. Cabasan's typewritten name. uphold the constitution, obey the laws of the land and promote
● he (Atty. Zaide) denied that he personally stamped and signed the respect for law and legal processes."
document. In fact, this document never appeared in his notarial Representing conflicting interests

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 ● In Aniñon v. Sabitsana,31 the Court laid down the tests to determine Canon 8 - A lawyer shall conduct himself with courtesy, fairness and
if a lawyer is guilty of representing conflicting interests between and candor toward his professional colleagues, and shall avoid harassing
among his clients. tactics against opposing counsel.
● One of these tests is whether the acceptance of a new relation would
prevent the full discharge of a lawyer's duty of undivided fidelity and Rule 8.01 - A lawyer shall not, in his professional dealings, use
loyalty to the client or invite suspicion of unfaithfulness or double- language which is abusive, offensive or otherwise improper.
dealing in the performance of that duty.32
● Another test is whether a lawyer would be called upon in the new Canon 11 - A lawyer shall observe and maintain the respect due to
relation to use against a former client any confidential information the courts and to judicial officers and should insist on similar conduct
acquired through their connection or previous employment. by others.
● Applying these tests, we find no conflict of interest when Atty.
Zaide appeared against Gimeno, his former law firm's client. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or
● The lawyer-client relationship between Atty. Zaide and Gimeno menacing language or behavior before the Courts. (emphasis
ceased when Atty. Zaide left ZMZ. Moreover, the case where supplied)
Gimeno engaged ZMZ's services is an entirely different subject ● Her declaration in Public put a shame, DISGRACE, INDIGNITY AND
matter and is not in any way connected to the complaint that HUMILIATION in the whole Justice System, and the Department of
Somontan filed against Gimeno with the Ombudsman. Justice in particular, where the taxpayers paid for her salary over her
● The prior case where Gimeno hired ZMZ and where Atty. Zaide incompetence and poor performance as a prosecutor...This is a clear
represented her family pertained to the annulment of a land title. manifestation that the Public prosecutor suffers serious mental
Somontan was never a party to this case since this only involved incompetence as regard her mandate as an Assistant City
Gimeno's relatives. Prosecutor.
○ On the other hand, the case where Atty. Zaide appeared ● This clearly confirms Atty. Zaide's lack of restraint in the use and
against Gimeno involved Somontan's Ombudsman choice of his words - a conduct unbecoming of an officer of the court.
complaint against Gimeno for her alleged mishandling of the ● While a lawyer is entitled to present his case with vigor and courage,
funds that Somontan entrusted to her, and for Gimeno's such enthusiasm does not justify the use of offensive and abusive
alleged corruption as an examiner in the Register of Deeds language. Language abounds with countless possibilities for one to
of Iligan City. Clearly, the annulment of title case and the be emphatic but respectful, convincing but not derogatory, and
Ombudsman case are totally unrelated. illuminating but not offensive.
Use of intemperate, offensive and abusive language in professional
dealings _____________________________________________________________
● The prohibition on the use of intemperate, offensive and abusive 6) Saberon vs. Larong
language in a lawyer's professional dealings, whether with the A.C. No. 6567 | April 16, 2008 | Simple Misconduct
courts, his clients, or any other person, is based on the following Facts:
canons and rules of the Code of Professional Responsibility: ● Complainant filed before the BSP a Petition[2] against Surigaonon Rural
Banking Corporation (the bank) and Alfredo Tan Bonpin (Bonpin), whose

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 family comprises the majority stockholders of the bank, for cancellation ● Moreover, he noted that in espousing a clients cause, respondent
of the banks registration and franchise. should not state his personal belief as to the soundness or justice
● Bonpins refusal to return various checks and land titles, which were of his case pursuant to Canon 15[9] of the Code of Professional
given to secure a loan obtained by his (complainants) wife, despite Responsibility.
alleged full payment of the loan and interests. ● Finding the ruling of the Investigating Commissioner that respondent is
● Respondent, in-house counsel and acting corporate secretary of the guilty of grave misconduct to be in accordance with the evidence,
bank, filed an Answer with Affirmative Defenses[3] to the Petition stating, complainant nevertheless submits that the recommended penalty of
inter alia, suspension should be modified to disbarment.
5. That this is another in the series of blackmail suits filed by plaintiff
[herein complainant Jose C. Saberon] and his wife to coerce the Bank Issue: WON the respondent was guilty of misconduct - YES
and Mr. Bonpin for financial gain
● Finding the aforementioned statements to be totally malicious, viscous Held: WHEREFORE, complainants petition is partly GRANTED.
[sic] and bereft of any factual or legal basis, complainant filed the present Respondent, Atty. Fernando T. Larong, is found guilty of SIMPLE
complaint. MISCONDUCT for using intemperate language. He is FINED P2,000 with
● respondent argues that: (1) there was nothing abusive, offensive or a stern WARNING that a repetition of this or similar act will be dealt
otherwise improper in the way he used the word blackmail to with more severely.
characterize the suit against his clients;
● By Resolution of March 16, 2005,[7] the Court referred the case to the Ratio:
Integrated Bar of the Philippines for investigation, report and ● To be sure, the adversarial nature of our legal system has tempted
recommendation. members of the bar to use strong language in pursuit of their duty to
● IBP Investigating Commissioner Dennis A. B. Funa held that the word advance the interests of their clients.
blackmail connotes something sinister and criminal. Unless the person ● However, while a lawyer is entitled to present his case with vigor and
accused thereof is criminally charged with extortion, he added, it would courage, such enthusiasm does not justify the use of offensive and
be imprudent, if not offensive, to characterize that persons act as abusive language.
blackmail. ● In keeping with the dignity of the legal profession, a lawyers language
● Commissioner Funa stressed that a counsel is expected only to present even in his pleadings must be dignified
factual arguments and to anchor his case on the legal merits of his ● it suffices to stress that lawyers, though they are allowed a latitude of
clients claim or defense in line with his duty under Rule 19.01 of the pertinent remark or comment in the furtherance of the causes they
Code of Professional Responsibility, as follows: uphold and for the felicity of their clients, should not trench beyond the
bounds of relevancy and propriety in making such remark or comment
A lawyer shall employ only fair and honest means to attain the ● Granting that the proceedings before the BSP partake of the nature of
lawful objectives of his client and shall not present, participate in judicial proceedings, the ascription of blackmail in the Answer and
presenting or threaten to present unfounded criminal charges to Rejoinder filed by respondent is not legitimately related or pertinent to
obtain an improper advantage in any case or proceeding. the subject matters of inquiry before the BSP, which were Bonpins
alleged alien citizenship and majority stockholding in the bank.

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● Hence, such allegation was unnecessary and uncalled for.
_____________________________________________________________ Ratio:
7) Ng. vs. Alar ● The Motion for Reconsideration with Motion to Inhibit (MRMI) contains
A.C. 7252 | Nov 22, 2006 | NLRC insults and diatribes against the NLRC, attacking both its moral and
Facts: intellectual integrity, replete with implied accusations of partiality,
● Atty. Benjamin Alar is the counsel for the complainants in a labor case impropriety and lack of diligence. Respondent used improper and
filed with the Labor Arbiter which dismissed the complaint. On appeal, offensive language in his pleadings that does not admit any justification.
NLRC’s First Division upheld the dismissal. In his Motion for ● The assertion that the NLRC not being a court, its commissioners, not
Reconsideration with Motion to Inhibit (MRMI), Atty. Alar used improper being judges or justices and therefore not part of the judiciary and that
and abusive language full of diatribes castigating the Labor Arbiter and consequently, the Code of Judicial Conduct does not apply to them, is
the ponente of the NLRC decision. unavailing.
○ I.e. He is a shame to the NLRC and should not be ○ In Lubiano v. Gordolla, the Court held that respondent
allowed to have anything to do with the instant case any became unmindful of the fact that in addressing the NLRC,
more. he nonetheless remained a member of the Bar, an oath-
● Johnny Ng, one of the respondents, filed a disbarment case against Alar bound servant of the law, whose first duty is not to his client
before the IBP Commission on Bar Discipline for such misbehavior. but to the administration of justice and whose conduct ought
● Alar contended, inter alia, that the Rules of Court/Code of Professional to be and must be scrupulously observant of law and ethics.
Responsibility applies only suppletorily at the NLRC when the NLRC ● Respondent has clearly violated Canons 8 and 11 of the Code of
Rules of Procedure has no provision on disciplinary matters for litigants Professional Responsibility. His actions erode the public’s perception
and lawyers appearing before it and that Rule X of the NLRC Rules of of the legal profession.
Procedure provides for adequate sanctions against misbehaving lawyers ● The Code of Professional Responsibility mandates:
and litigants appearing in cases before it.
● he asserted that the Rules of Court/Code of Professional Responsibility CANON 8 A lawyer shall conduct himself with courtesy, fairness and
does not apply to lawyers practicing at the NLRC, the latter not being a candor toward his professional colleagues, and shall avoid harassing
court and that LAs and NLRC Commissioners are not judges nor justices tactics against opposing counsel.
and the Code of Judicial Conduct similarly do not apply to them, not
being part of the judiciary. Rule 8.01 A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
Issue: WON a lawyer’s misbehavior before the NLRC susceptible of the
provisions of the Code of Professional Conduct? YES CANON 11 A lawyer shall observe and maintain the respect due to
the courts and to judicial officers and should insist on similar conduct
Held: we find respondent Atty. Benjamin C. Alar GUILTY of violation of by others.
Canons 8 and 11 of the Code of Professional Responsibility. He is
imposed a fine of P5,000.00 with STERN WARNING that a repetition of Rule 11.03 A lawyer shall abstain from scandalous, offensive or
the same or similar act in the future will be dealt with more severely. menacing language or behavior before the Courts.

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 5. Judge Pedro T. Santiago, Executive Judge, RTC, Quezon City;
Rule 11.04 A lawyer shall not attribute to a Judge motives not 6. Judge Teodoro P. Regino, RTC-Br. 84, Quezon City;
supported by the record or have no materiality to the case. 7. Judge Antonio P. Solano, RTC-Br. 86, Quezon City;
_____________________________________________________________ 8. Judge Gregorio D. Dayrit, MTC-Br. 35, Quezon City.
8) Adez Realty, Inc. vs. CA ● Court denied the motion.
GR. No. | Date | Topic ● Movant again filed an Ex-Parte Motion to Lift Disbarment alleging among
Facts: others that he had been deprived of his means to life;
● AC found movant, Atty. Benjamin Dacanay, guilty of intercalating a ○ he had pursued civic, religious and community work, especially for the
material fact in CA’s decision, which he appealed to this Court on poor and the underprivileged short of extending legal assistance
certiorari, thereby altering CA’s factual findings with the apparent purpose because of his incapacity
of misleading this Court in order to obtain a favorable judgment. ○ he had admitted "with profound regret and with utmost humility his
○ Consequently, Atty. Dacanay was disbarred from the practice of law.1 commission of an unpardonable mistake and ask(ed) that he be given
○ Movant filed a MR and Leave to Offer Evidence Re Charge of another chance;" and
Unauthorized Intercalation in a Judicial Record. ○ he was "remorseful for what he has done and comes to this Honorable
○ He claimed that the inserted words were written by his client, the Court with a contrite heart."
President of Adez Realty, Inc., in the draft of the petition to be filed ● His wife Norma M. Dacanay likewise wrote the Court saying that while she
before the SC and unwittingly adopted by movant's secretary when did not condone what her husband had done, it had been her fervent wish
the latter formalized the petition. that the Court took a second look into its decision disbarring her husband
○ He manifested that he would not risk committing the act for which he as her entire family had been traumatized by his disbarment.
was found guilty considering that he was a nominee of the JBC to the ● Movant sent a letter addressed to the Chief Justice and the Associate
President for appointment as RTC. Justices of the Court reiterating his Ex-Parte Motion to Lift Disbarment:
■ But the Court denied the motion for want of a compelling reason ○ I am truly penitent for the serious offense I committed and admit full
to justify a reversal of the questioned resolution. responsibility for it. I realize it was dishonest and unfair to pass the
● Movant filed a Motion to Lift (Disbarment) stating that he was already 62 blame to my secretary who was merely following my instructions. The
years old, has learned his lesson from his mistake, was terribly sorry for intercalation was my own act and I am justly punished for it.
what he had done, and in all candor promised that if given another chance ○ Your Honors, I do not question your decision but I only beg for your
he would live up to the exacting demands of the legal profession. mercy. I have a wife and children to support but my only means of
○ He appended to his motion certifications of good moral character livelihood has been withdrawn from me. I am destitute and desperate
from: and can only turn to you for relief . . . .
1. Fr. Celso Fernando, St. Michael Archangel, Marilao, Bulacan; ○ Looking back, I cannot imagine how I could have even thought of
2. Fr. Lauro V. Larlar, OAR, Rector, San Sebastian College- blackening the law profession, to which I owe so much. Please let me
Recoletos redeem myself by admitting me back to its precincts, where I swear
3. Sis. Aniceta B. Abion, EMM, Chairperson, Center for Housing and to live strictly according to its canons . . . .
Ecology Development Foundation, Inc.; ■ The Court noted the letter of movant Dacanay.
4. Dean Rufus B. Rodriquez, San Sebastian College-Recoletos; ● Movant again prayed for his reinstatement —

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 ○ It has been 33 long months since my disbarment, during which time I legal profession are the conditions required for remaining a member of
have been struggling to make both ends meet to provide for my wife good standing of the bar and for enjoying the privilege to practice law.
and three children. Please give me the chance to prove that I am a ● The Supreme Court, as guardian of the legal profession, has ultimate
reformed offender who will henceforth do nothing whatsoever to disciplinary power over attorneys.
dishonor the legal profession. ○ This authority to discipline its members is not only a right, but a
■ The Court noted respondent's letter. bounden duty as well . . . That is why respect and fidelity to the Court
● Movant once more wrote the Court — is demanded of its members
○ I humbly acknowledge again that I committed a grievous offense for _____________________________________________________________
which I was justly punished at the time with the extreme sanction of 9) Hueysuwan-Florido vs. Florido
disbarment. A.C. No. 5624 | January 20, 2004| Topic
○ I have been suffering much since my disbarment more than 36 Facts:
months ago, but it is my wife and children who have suffered more for ● Estranged and living separately from each other, Natasha Heysuwan-
my transgression. Although innocent, they bear with me the stigma Florido filed for the annulment with respondent Atty. James Florido, before
and burden of my punishment. the RTC.
○ Meanwhile, another case related to complaint for annulment is
Issue: WON the disbarment of Benjamin Dacanay should be lifted? - YES pending before CA entitled, James Florido v. Hon. Pampio Abarientos,
et al.
Held: The disbarment of Benjamin Dacanay is lifted, and he is allowed to ● Respondent went to complainant’s residence in Tanjay City, Negros
resume the practice of law upon payment of the required legal fees. Oriental and demanded that the custody of their 2 minor children be
surrendered to him.
Ratio: ○ 2 children under Natasha’s custody namely:
The disbarment of movant Benjamin M. Dacanay for 3 years has, quite ■ Kamille Florido, five years old,
apparently, given him sufficient time and occasion to soul-search and ■ James Benedict H. Florido, Jr., three years old
reflect on his professional conduct, redeem himself and prove once ○ He showed a photocopy of an alleged CA Resolution granting his
more that he is worthy to practice law and be capable of upholding the motion for temporary child custody.
dignity of the legal profession. ○ Complainant called up her lawyer, who informed her that he had not
● His admission of guilt and repeated pleas for compassion and received any motion for temporary child custody filed by respondent.
reinstatement show that he is ready once more to meet the exacting ● Complainant asked respondent for the original copy of the alleged
standards the legal profession demands from its practitioners. resolution, but respondent failed to give it to her.
○ Accordingly, the Court lifts the disbarment of Benjamin M. Dacanay. ○ Complainant then examined it closely and noted that it bore two dates:
However he should be sternly warned. November 12, 2001 and November 29, 2001. Sensing something
The practice of law is a privilege burdened with conditions. amiss, she refused to give custody of their children to respondent.
● Adherence to the rigid standards of mental fitness, maintenance of the ● While complainant was with her children in the ABC Learning Center in
highest degree of morality and faithful compliance with the rules of the Tanjay City, respondent, accompanied by armed men, suddenly arrived
and demanded that she surrender to him the custody of their children.

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 ○ He threatened to forcefully take them away with the help of his ○ IBP Board of Governors adopted and approved the Report and
companions, whom he claimed to be agents of the NBI recommendation of the Commission with the modification that the
● Alarmed, complainant immediately sought the assistance of the Tanjay penalty of suspension be increased to 6 years.
City Police. The responding policemen subsequently escorted her to the
police station where the matter could be clarified and settled peacefully. Issue: WON the respondent can be held administratively liable for his
○ At the police station, respondent caused to be entered in the Police reliance on and attempt to enforce a spurious Resolution of the CA? YES
Blotter a statement that he, assisted by agents of the NBI, formally
served on complainant the CA resolution. Held: Atty. Florido is Suspended for 2 years.
○ In order to diffuse tension, complainant agreed to allow the children to
sleep with respondent for one night on condition that he would not take Ratio:
them away from Tanjay City. Since it was respondent who used the spurious Resolution, he is
○ This agreement was entered into in the presence of Tanjay City Chief presumed to have participated in its fabrication.
of Police Juanito and NBI Investigator Roger Sususco, among others. ● Respondent claims that he acted in good faith in invoking the CA
● Complainant received information that a van arrived at the hotel where Resolution which he honestly believed to be authentic.
respondent and the children were staying to take them to Bacolod City. ○ This, however, is belied by the fact that he used and presented the
○ Complainant rushed to the hotel and took the children to another room, spurious resolution several times. As pointed out by the Investigating
where they stayed until later in the morning. Commissioner, the assailed Resolution was presented by respondent
● Respondent filed with the RTC Dumaguete petition for the issuance of a on at least two occasions:
writ of habeas corpus asserting his right to custody of the children on the 1. in his Petition for Issuance of Writ of Habeas Corpus, with RTC
basis of the alleged CA resolution. Dumaguete; and
○ Complainant verified the authenticity and obtained a certification from 2. when he sought the assistance of the PNP of Tanjay City to
the CA stating that no such resolution had been issued. recover custody of his minor children from complainant.
○ At the hearing respondent did not appear. Candor and fairness are demanded of every lawyer
■ Consequently, the petition was dismissed. ● The burden cast on the judiciary would be intolerable if it could not take at
● Complainant filed the administrative complaint for the disbarment of face value what is asserted by counsel.
respondent alleging violation of his attorneys oath by manufacturing, ○ The time that will have to be devoted just to the task of verification of
flaunting and using a spurious CA Resolution in and outside a court of law. allegations submitted could easily be imagined. Even with due
○ respondent abused and misused the privileged granted to him by the recognition then that counsel is expected to display the utmost zeal in
Supreme Court to practice law in the country. the defense of a clients cause, it must never be at the expense of the
● After respondent answered the complaint, the matter was referred to the truth. Thus, the CPR states:
IBP-Commission on Bar Discipline for investigation, report and ● CANON 10. A lawyer owes candor, fairness and good faith to the court.
recommendation. ○ Rule 10.01 - A lawyer shall not do any falsehood; nor consent to the
○ The IBP-CBD recommended that respondent be suspended from the doing of any in court; nor shall he mislead, or allow the Court to be
practice of law for 3 years with a warning of disbarment. misled by any artifice.

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 ○ Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent 10) Manahan vs. Flores
the contents of a paper, the language or the argument of an A.C. No. 8954 | November 13, 2013 |failing to obey court orders
opposing counsel, or the text of a decision or authority, or knowingly Facts:
cite as a law a provision already rendered inoperative by repeal or ● Respondent Atty. Rodolto Flores was counsel for the defendant Arnold
amendment, or assert as a fact that which has not been proved. Balmores in a suit for damages filed before the MuniTC San Mateo, Rizal
Respondent’s use of offensive language and presided by herein complainant Judge Maribeth Manahan.
● Records show that respondent used offensive language in his pleadings ○ During the proceedings, Judge Manahan issued an Order voluntarily
in describing complainant and her relatives. inhibiting from hearing the case:
○ A lawyers language should be forceful but dignified, emphatic but ■ More than mere contempt do his (Atty. Flores) unethical
respectful as befitting an advocate and in keeping with the dignity of actuations, his traits of dishonesty and discourtesy not only to his
the legal profession. own brethren in the legal profession, but also to the bench and
○ The lawyers arguments whether written or oral should be gracious to judges, would amount to grave misconduct, if not a malpractice of
both court and opposing counsel and should be of such words as may law, a serious ground for disciplinary action of a member of the
be properly addressed by one gentlemen to another. By calling bar pursuant to Rules 139 a & b.
complainant, a sly manipulator of truth as well as a vindictive ■ furnish a copy of this Order to the Bar Discipline Committee, IBP,
congenital prevaricator, hardly measures to the sobriety of speech to the SC en banc, for appropriate investigation and sanction.
demanded of a lawyer. ● Upon receipt of the copy, the Office of the Bar Confidant (OBC) deemed
Respondents actions erode the public perception of the legal profession. the pronouncements of Judge Manahan as a formal administrative
● They constitute gross misconduct and the sanctions for such malfeasance Complaint against Atty. Flores.
is prescribed by Section 27, Rule 138 of the Rules of Court which states: ○ The case was referred to the Executive Judge of the RTC Rizal for
○ A member of the bar may be disbarred or suspended from his office investigation, report and recommendation.
as attorney by the Supreme Court for any deceit, malpractice or ● Investigating Judge Josephine Fernandez (Investigating Judge) narrated
other gross misconduct in such office, grossly immoral conduct or by the antecedents of the case as follows:
reason of his conviction of a crime involving moral turpitude, or for ○ A complaint for Damages was filed before the MTC San Mateo, Rizal
any violation of the oath which he is required to take before the (Marsha Aranas vs. Arnold Balmores).
admission to practice, or for a willful disobedience appearing as ○ The Public Attorney’s Office (PAO) thru Atty. Censon represented the
attorney for a party without authority to do so. complainant while Atty. Rodolfo Flores for the defendant.
● Considering the attendant circumstances, we agree with the ○ During the Preliminary Conference, respondent Atty. Flores entered
recommendation of the IBP Board of Governors that respondent should his appearance and was given time to file a Pre-Trial Brief.
be suspended from the practice of law. However, we find that the period ○ Respondent Atty. Flores filed his Pre-Trial Brief but without proof of
of six years is too harsh a penalty. Instead, suspension for the lesser MCLE compliance hence it was expunged from the records without
period of two years, which we deem commensurate to the offense prejudice to the filing of another Pre-Trial Brief containing the required
committed, is hereby imposed on respondent. MCLE compliance.
■ Atty. Flores asked for ten (10) days to submit proof.
_____________________________________________________________

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 ○ The preliminary conference was reset several times for failure of (MCLE) requirement, and for using intemperate language in his pleadings.
respondent Atty. Flores to appear and submit his Pre-Trial Brief The Investigating Judge recommended that Atty. Flores be suspended
indicating thereon his MCLE compliance. from the practice of law for one year.
○ The court a quo likewise issued Orders giving respondent Atty. Flores ○ OBC adopted such findings and recommendation.
a last chance to submit his Pre-Trial Brief with stern warning that
failure to do so shall be considered a waiver on his part. Issue: WON Atty. Flores should be held administratively liable?
● Respondent Atty. Flores filed a Manifestation in Court alleging:
4. When you took your oath as member of the Bar, you promised to serve Held: Atty. Rodolfo Flores is FINED with ₱5,000.00 with a WARNING
truth, justice and fair play. Do you think you are being truthful, just and
fair by serving a cheater? Ratio:
5. Ignorance of the law excuses no one for which reason even Erap was Atty. Flores failed to obey the trial court’s order to submit proof of his
convicted by the Sandiganbayan.1âwphi1But even worse is a lawyer MCLE compliance notwithstanding the several opportunities given him.
who violates the law. ● "Court orders are to be respected not because the judges who issue them
6. Last but not the least, God said Thou shall not lie. Again the Philippine should be respected, but because of the respect and consideration that
Constitution commands: Give every Filipino his due. The act of refusal should be extended to the judicial branch of the Government.
by the plaintiff is violative of the foregoing divine and human laws. ● This is absolutely essential if our Government is to be a government of
● Respondent Atty. Flores later filed his Pre-Trial Brief bearing an MCLE laws and not of men. Respect must be had not because of the incumbents
number which was merely superimposed without indicating the date and to the positions, but because of the authority that vests in them. Disrespect
place of compliance. to judicial incumbents is disrespect to that branc the Government to which
● During the preliminary conference, respondent Atty. Flores manifested they belong, as well as to the State which has instituted the judicial
that he will submit proof of compliance of his MCLE on the following day. system."
○ Respondent Atty. Flores again failed to appear and to submit the said Atty. Flores also employed intemperate language in his pleadings.
promised proof of MCLE compliance. ● As an officer of the court, Atty. Flores is expected to be circumspect in his
○ In its stead, respondent Atty. Flores filed a Letter of even date stating language. Rule 11.03, Canon 11 of the Code of Professional
as follows: Responsibility enjoins all attorneys to abstain from scandalous, offensive
■ If only to give your Honor another chance to prove your pro plaintiff or menacing language or behavior before the Courts. Atty. Flores failed in
sentiment, I am hereby filing the attached Motion which you may this respect.
once more assign to the waste basket of nonchalance. ● At this juncture, it is well to remind respondent that:
■ With the small respect that still remains, I have asked the ○ While a lawyer owes absolute fidelity to the cause of his client full
defendant to look for another lawyer to represent him for I am no devotion to his client's genuine interest and warm zeal in the
longer interested in this case because I feel I cannot do anything maintenance and defense of his client's rights, as well as the exertion
right in your sala. of his utmost learning and ability, he must do so only within the bounds
● The Investigating Judge found Atty. Flores to have failed to give due of law.
respect to the court by failing to obey court orders, by failing to submit
proof of his compliance with the Mandatory Continuing Legal Education

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 ○ A lawyer is entitled to voice his c1iticism within the context of the ○ as a "hypocritical judgment in plaintiffs' favor";
constitutional guarantee of freedom of speech which must be ○ one "you could have sworn it was the Devil who dictated it";
exercised responsibly. ○ or one with "perfidious character,"
○ After all, every right carries with it the corresponding obligation. ● Petitioner characterized respondent Judge as:
Freedom is not freedom from responsibility, but freedom with ○ "a bit confused — which is a natural product of having been brought
responsibility. The lawyer's fidelity to his client must not be pursued at up amongst the crowded surroundings of the non-propertied class;
the expense of truth and orderly administration of justice. It must be ○ Having not owned any real property until he was already either Public-
done within the confines of reason and common sense. Prosecutor or RTC Judge; — in one scale of the balance, a 311 square
Recommended penalty too harsh and not commensurate with the meter lot, 6 houses from the Provincial Road, about 6km from the Iloilo
infractions committed by the respondent. City Hall of Justice, and, in the other scale, His Honor's brand-new car,
● It appears that this is the first infraction committed by respondent. impeccable attire, and dignified "mien";
● Also, we are not prepared to impose on the respondent the penalty of 1- ○ his charge that the respondent Judge has "joined the defendants and
year suspension for humanitarian reasons. Respondent manifested before their counsel in a scheme to unlawfully deprive petitioners of the
this Court that he has been in the practice of law for half a century. Thus, possession and fruits of their property for the duration of appeal";
he is already in his twilight years. Considering the foregoing, we deem it ○ described as a "liar," "perjurer," or "blasphemer” in an order
proper to fine ₱5,000.00 and to remind him to be more circumspect in his ● In his 2-page Compliance, he alleges that:
acts and to obey and respect court processes. ○ If the undersigned has called anyone a "liar" "thief" "perfidious" and
"blasphemer" it is because he is in fact a liar, thief, perfidious and
_____________________________________________________________ blasphemer; "this Honorable 1stt Division, however, forget, that the
11) Tiongco vs. Aguilar undersigned alsp called him a "robber". a "rotten manipulator" and
G.R. No. 106087 | April 7, 1993 | Gross disrespect to and contempt "abetter" of graft and shady deals;
Facts: ○ On the other hand, if the undersigned called anybody "cross-eyed," it
● SC resolution required Atty. Jose Tiongco, as petitioner’s counsel, to show must be because he is indeed cross-eyed — particularly when he sees
cause why he should not be dealt with administratively for the violation of but 5 letters in an 8 lletter-word; Indeed, it must be a lousy CPR and
Canon 11 of the Code of Professional Responsibility (CPR) considering therefore stands in dire need of amendment which punishes lawyer
the insinuation of counsel for the petitioners that this Court did not read who truthfully expose incompetent and corrupt judges before this
the petition as borne out by the following statement: Honorable Supreme Court
○ ". . . Truly, it is hard to imagine that this Honorable Court had read the ○ The undersigned does not deserve or is entitled to the honors of being
petition and the annexes attached thereto and hold that the same has dealt with administratively or otherwise.
"failed to sufficiently show that the respondent Court had committed a ○ Prays that the SC forebear from turning the undersigned into a martyr
grave abuse of discretion in rendering the questioned judgment". . . to his principles.
■ which, is unfounded and malicious, and considering further his ● Yet, he added the following:
use of intemperate language in the petition, ○ With The Undersigned's Respectful Apologies and Undying Love
● Petitioner characterized respondent Judge Aguilar’s decision as: (Constitution, Preamble, 66 word).
○ having been "crafted in order to fool the winning party";

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Issue: WON Atty. Tiongco’s word is gross disrespect to and contempt for this to and contempt for this Court and exposed his plot to discredit the
Court? - YES Members of the First Division of the Court and put them to public contempt
or ridicule; he, as well, charged them with the violation of their solemn duty
Held: Atty. Jose Tiongco is ordered to pay a P5,000.00 Fine and Warned. to render justice, thereby creating or promoting distrust in judicial
administration which could have the effect of "encouraging discontent
Ratio: which, in many cases, is the source of disorder, thus undermining the
Atty. Tiongco did not at all show cause why he should not be dealt with foundation on which rests the bulwark called judicial power to which those
administratively for violation of Canon 11 of the Code of Professional who are aggrieved turn for protection and relief".
Responsibility ● In using intemperate and scurrilous words and phrases against the
● in view of his unfounded and malicious insinuation that this Court did not respondent judge which are obviously uncalled for and entirely irrelevant
at all read the petition before it concluded that the petition failed to to the petition and whose glaring falsity is easily demonstrated by the
sufficiently show that the respondent court had committed a grave abuse respondent judge's decision if favor of Atty. Tiongco and his wife in their
of discretion. case for recovery of possession and damages, and by the dismissal of the
○ While he tried to justify as true his descriptions of the respondent instant petition for failure of the petitioners to sufficiently show that the
judge as a "liar," "thief." perfidious," and "blasphemer" he did not respondent judge committed grave abuse of discretion, Atty. Tiongco has
offer any excuse for his use of the rest of the intemperate words equally shown his disrespect to and contempt for the respondent judge,
enumerated in the resolution. thereby diminishing public confidence in the latter and eventually, in the
○ Worse, feeling obviously frustrated at the incompleteness of the judiciary, or sowing mistrust in the administration of justice.
Court's enumeration of the intemperate words or phrases, he ● Consequently, Atty. Tiongco has made a strong case for a serious
volunteered to point out that in addition to those so enumerated, he violation of Canon 11 of the CPR which reads as follows:
also called the respondent judge a "robber," "rotten manipulator," ○ A lawyer shall observe and maintain the respect due to the courts and
"abettor" of graft and corruption, and "cross-eyed." to judicial officers and should insist on similar conduct by others.
Atty. Tiongco's compliance is unsatisfactory & is entirely unacceptable: ○ This duty is closely entwined with his vow in the lawyer's oath "to
1. he impliedly admitted the falsity of his insinuation that this Court did not conduct himself as a lawyer with all good fidelity to the courts"
read the petition, ○ his duty under Section 20 (b), Rule 138 of the Rules of Court "[t]o
2. Except as to the words "liar," "thief," "perfidious'" and "blasphemer," he observe and maintain the respect due to the courts of justice and
failed to address squarely the other intemperate words and phrases judicial officers";
enumerated in the resolution, which failure amounts to an admission of ○ his duty under the first canon of the Canons Professional Ethics "to
their intemperateness; maintain towards the courts a respectful attitude, not for the sake of
3. he did not indicate the circumstances upon which his defense of truth lies; the temporary incumbent of the judicial office, but for the maintenance
and, fourth, he miserably failed to show the relevance of the harsh words of its incumbent of the judicial office, but for the maintenance of its
and phrase to his petition. supreme importance."
Atty. Tiongco’s disrespect is a promotion of distrust in the judiciary ● It does not, however, follow that just because a lawyer is an officer of the
● By falsely and maliciously insinuating that this Court did not at all read the court, he cannot criticize the courts. That is his right as a citizen, and it is
petition in this case, Atty. Tiongco not only exhibited his gross disrespect even his duty as an officer of the court to avail of such right.

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● The lawyer's duty to render respectful subordination to the courts is ○ Prosecutor Mauro Castro interposed no objection to petitioner's being
essential to the orderly administration of justice. hence, in the assertion of granted provisional liberty on a cash bond of P100,000.00.
their client's rights, lawyers — even those gifted with superior intellect — ● Case was raffled to the sala of respondent judge Benjamin Pelayo, who
are enjoined to rein up their tempers. approved petitioner’s posted cash bond and ordered his release.
○ Elsewise stated, the right to criticize, which is guaranteed by the ● Respondent judge issued an Order granting leave for the (PP) Provincial
freedom of speech and of expression in the Bill of Rights of the Prosecutor of Rizal to conduct a preliminary investigation.
Constitution, must be exercised responsibly, for every right carries ● Respondent judge motu proprio issued an Order (july 17)which:
with it a corresponding obligation. Freedom is not freedom from (a) recalled the Order granting bail;
responsibility, but freedom with responsibility. (b) directed petitioner to surrender within 48 hours from notice;
● When such anger or hate is coupled with haughtiness or arrogance as (c) Cancelled PP’s leave to conduct preliminary investigation;
when he even pointed out other intemperate words in his petition which (d) treated petitioner's omnibus motion for immediate release and
this Court failed to incorporate in the resolution of 26 September 1994, and preliminary investigation as a petition for bail.
with seething sarcasm as when he prays that this Court "forebear[s] from ○ Petitioner filed a petition for certiorari, prohibition and mandamus
turning . . . [him] into a martyr to his principles" and ends up his Compliance questioning respondent judge’s order.
with the "RESPECTFUL APOLOGIES — AND UNDYING LOVE" ○ Petitioner filed before RTC a motion to suspend all the proceedings
(Constitution — Preamble, 66th word), "nothing more can extenuate his pending the resolution of the petition filed before the SC. - denied.
liability for gross violation of Canon 11 of the Code of professional ● Petitioner voluntarily surrendered to the CAPCOM.
Responsibility and his other duties entwined therewith as earlier adverted ● Upon motion by petitioner, the respondent judge issued an Order directing
to. the accused's continued detention at the CAPCOM until such time as the
_____________________________________________________________ Court shall have properly determined the place.
12) Tambunting vs. CA ● NBI wrote to RTC requesting that petitioner’s custody be transferred to the
G.R. No. 106087 | April 7, 1993 | Highly Derogatory, Offensive and Bureau in view of an investigation for illegal possession of firearms.
Contemptuous Language ○ RTC igranted NBI temporary custody of petitioner with conditions:
Facts: (a) Petitioner accorded his constitutional rights during investigation;
● Eldon Maguan was shot inside his car along Wilson St., San Juan. Police (b) NBI investigation conducted only during office hours and petitioner
identified Petitioner Rolito Go Tambunting as prime suspect. be returned to the custody of the CAPCOM at the end of each day
● Petitioner, accompanied by 2 lawyers, presented himself before the San (c) NBI should report to the trial court the status of the investigation.
Juan Police Station. He was arrested and booked. ○ Petitioner filed a motion before RTC praying the Order’s nullification.
○ Police filed a complaint for frustrated homicide with the Office of the ● NBI filed a motion praying that it be granted full custody of petitioner
Provincial Prosecutor of Rizal. pending the investigation of illegal possession of firearms.
● The victim Eldon Maguan having died, an information for murder was filed ● RTC issued an order setting for hearing proper venue of detention.
against petitioner before the RTC Pasig. ○ RTC ordered CAPCOM to bring petitioner to court for the commitment
○ Petitioner’s counsel filed with the Prosecutor an motion praying for order for his detention at the Rizal Provincial Jail could be issued.
petitioner's immediate release and for a preliminary investigation. ○ The Commitment Order ordering the Provincial Warden of the
Provincial Jail of Pasig to take custody of petitioner was issued.

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● Petitioner filed a Motion for Recusation praying that respondent judge conclusions based on his own fears and are therefore
inhibit himself from hearing the case. - denied. speculations than anything else.
● Petitioner filed a Motion to Suspend Proceedings and Transfer Venue ■ No proof to accept the petitioner's claim that the respondent
Outside Metro Manila - denied judge has been unduly influenced by the alleged publicity.
● Petitioner was arraigned. ● CA sustained the RTC's denial of petitioner's Motion to Suspend
○ In view of his refusal to enter a plea, a plea of "Not Guilty" was entered Proceedings and Transfer Venue Outside Metro Manila:
for him by the trial court. ○ The authority to order a change of venue to avoid a miscarriage of
● SC remanded to CA the petitioner’s petition assailing the July 17 Order. justice is vested in the SC, not RTC nor CA can grant such petition.
● Petitioner filed a petition for habeas corpus before the Court of Appeals. ● Petitioner's MR of the CA decision having been denied, a petition under
○ CA dismissed the 2 petitions. Rule 45 was filed before this Court assailing the CA decision.
● However, upon petition by petitioner, SC by an 8-6 vote in G.R. 101837 ○ OSG, representing People of the Philippines, filed a Comment.
issued reversed the CA decision and ordering ○ the Court, denied the petition: CA committed no reversible error.
(a) the Provincial Prosecutor to conduct a preliminary investigation; and ● The present MR was filed FOR respondent judge to inhibit himself.
(b) Petitioner’s release without prejudice to any order that the trial court ● Petitioner filed a pleading captioned "Urgent Motion
may issue, should the Provincial Prosecutor move for cancellation of ○ questioned RTC Order denying petitioner's Motion to Reopen Hearing
bail at the conclusion of the preliminary investigation. (of the cancellation of bail proceedings) and to Present Last Witness.
● Assistant Provincial Prosecutor issued a Resolution finding probable ■ After the presentation of 11 witnesses by the prosecution and 6
cause to charge petitioner with the crime of murder. by the defense, the trial court considered the question concerning
○ Resolution was approved by the Provincial Prosecutor who filed with the cancellation of petitioner's bail ripe for resolution. Thereafter,
the trial court a motion to cancel the bail of petitioner and a motion to petitioner filed a Motion to Reopen and Present Last Witness. But
set the criminal case for resumption of the trial on the merits. the trial court issued an Order denying the Motion.
● Petitioner attempted to have the Prosecutor’s Resolution reversed by ○ Praying "for the issuance of a writ of preliminary mandatory injunction
appealing to DOJ, and filing petitions with the CA and finally to SC, but his directing respondent judge to allow petitioner to complete his defense
efforts did not meet with success. evidence by presenting his last witness on the bail issue.”
● Petitioner filed another petition for certiorari to SC seeking to annul: ● SC issued a TRO restraining respondent judge from resolving the bail
(1) RTC Order denying petitioner's Motion for Recusation; and issue and directing him to allow petitioner to present his last witness.
(2) RTC Order denying petitioner's Motion to Suspend Proceedings and ● OSG filed a Comment on petitioner's MR.
Transfer Venue Outside Metro Manila.
○ The petition was remanded to the CA, who dismissed the petition. As Issue: WON Petitioner’s Counsel’s language is Highly Derogatory, Offensive
to the denial of petitioner's Motion for Recusation, the CA held in part: and Contemptuous Language? - YES
■ "On the basis of the allegation,, the Court is not inclined to strike
down the denial of petitioner's motion for recusation as a grave Held: The MR is denied with Finality. Attys. Raymundo, Miguel and Rafael
abuse of discretion on the part of the respondent judge absent Armovit are fined with P500.00 each with a stern warning.
any clear showing of such grave abuse of his discretion. The
allegation of petitioner in support of his motion for recusation are Ratio:

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Conduct Required Of A Lawyer Before Courts And Judicial Officers. ○ Petitioner's lawyers further stated: "Petitioner's counsel, citing the
● The Rules of Court commands members of the bar "to observe and above proceedings, contested the trial judge's baseless, nay despotic
maintain the respect due to the courts of justice and judicial officers." attempt to muzzle his right to be heard in his defense. . ."
○ Reinforcing this rule of conduct is the Code of Professional ○ The trial judge's actions were also branded as an "obviously unholy
Responsibility which states in Canon 11 the following: rush to do petitioner in . . ."
■ "A lawyer shall observe and maintain the respect due to the courts ● In petitioner’s Urgent Motion, respondent judge is alleged to have:
and to judicial officers and should insist on similar conduct by (a) "generated belief of his being under contract to do the prosecution's
others." bidding;"
● Rule 11.03 further states: "A lawyer shall abstain from scandalous, (b) "evinced contempt for Supreme Court case law;" and
offensive or menacing language or behaviour before the courts." (c) "dishonored his judicial oath and duty to hear before he condemns,
● Rule 11.03 adds: "A lawyer shall not attribute to a judge motives not proceed upon inquiry, and render judgment on a man's liberty only
supported by the record or having materiality to the case." after a full trial of the facts."
Reason for the Requirement ● In light of the above doctrines and jurisprudence, as well as the inherent
● To be sure, the adversarial nature of our legal system has tempted power and authority of this Court to cite members of the Bar in contempt
members of the bar, in pursuing their duty to advance the interests of their and to discipline them, we are of the opinion that the language used by
clients, to use strong language. petitioner's lawyers is highly derogatory, offensive and
○ But this privilege is not a license to malign our courts of justice. contemptuous.
● Irreverent behavior towards the courts by members of the bar is _____________________________________________________________
proscribed, not so much for the sake of the temporary incumbent of the 13) Yared vs. Ilarde
judicial office, but more importantly, for the maintenance of respect for our G.R. No. 114732. | August 1, 2000 | Improper and unethical language
judicial system, so necessary for the country's stability. Facts:
● "Time and again, this Court has admonished and punished, in varying ● Petitioner Estrella Yared filed an amended complaint before the RTC Iloilo,
degrees, members of the bar for statements, disrespectful or irreverent, against private respondents Jose Tiongco and Antonio Doronila, Jr., for
acrimonious or defamatory, of this Court or the lower courts . . . To be "annulment of affidavit of adjudication, sales, transfer certificates of title,
sure, lawyers may come up with various methods, perhaps more effective, reconveyance and damages.
in calling the Court's attention to the issues involved. ○ Complaint alleged that Tiongco, on the basis of an affidavit of
○ The language vehicle does not run short of expressions, emphatic but adjudication (registered with the Office of Register of Deeds) alleging
respectful, convincing but not derogatory, illuminating but not that he is the sole surviving heir of the previous owner (Maria Tiongco)
offensive." succeeded in having the subject properties registered in his name, to
Petitioner’s lawyers use of Highly Derogatory, Offensive And the prejudice of the other surviving heir of the previous owner,
Contemptuous Language Toward A Judge petitioner among them.
● In the MR, petitioner’s counsel describe as "unparalleled for sheer ○ Estrella and Tiongco's father were siblings, both Maria’s heirs.
malevolence" respondent judge's allegedly erroneous assumptions. ○ Petitioner prays that the properties be reconveyed to the original
registered owners, subject to partition among the lawful heirs, and that
Tiongco be ordered to pay damages and costs.

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● To protect her interest in the properties during the pendency of the case, ■ Although appeal had been perfected, the Court, prior to the
petitioner caused to be annotated on 3 TCTS of Lot 3244, 3246 and 1404. transmittal of the records to the CA, may issue orders for the
● After Tiongco filed his answer, trial ensued during which, on 3 separate protection of the parties’ rights which do not involve any matter
occasions, he filed motions seeking the cancellation of the notices of lis litigated by the appeal and considering that in the case at bar, lis
pendens. All these motions were denied. pendens is not a matter litigated in the appeal and the records
● RTC Iloilo dismissed petitioner's complaint and Tiongco’s counterclaim. have not as yet been transmitted to the CA so that this Court still
○ Petitioner's cause of action had already prescribed. has jurisdiction to issue the Order cancelling the notices of lis
● Petitioner filed a notice of appeal. pendens annotated on TCTs covering Lot 3244 and 3246 and
● Tiongco filed for cancellation of the notices of lis pendens -denied. considering further, that the said Order does not direct
● Tiongco filed a 2nd MR - denied. cancellation of lis pendens annotated on a TCT (Lot 1404 -1,587
● Tiongco filed 3rd MR This time his arguments proved persuasive. sq. meters) where the area claimed by plaintiff can very well be
○ RTC Iloilo on 3rd MR: taken.
(1) Criminal complaint for perjury against Tiongco based on the ● The Register of Deeds cancelled the annotation of notices of lis pendens.
same deed of adjudication had already been dismissed - ● Petitioner filed the instant special civil action for certiorari, alleging that:
prescription. ○ Respondent judge acted with grave abuse of discretion in ordering the
(2) Property occupants, had already recognized Tiongco's cancellation of the notices of lis pendens annotated at the back of the
ownership and had long stopped paying rentals to plaintiff TCTs (Lots 3244 and 3246), as these are among the documents that
without the latter contesting the decision where defendant are sought to be declared null and void by the herein petitioner.
Tiongco was declared with finality as the true and lawful owner of
Lots 3244 and 3246; Issue: WON Tiongco’s Improper and unethical language violates the Code of
(3) Plaintiff’s claim covers a very small portion of subject lots (64 sq. Professional Responsibility ? - YES
meters) hence, it would be unfair to the Tiongco who has torrens
title covering the parcels of lands solely in his name to have the Held: The petition for certiorari is hereby DISMISSED
same subjected to the harsh effect of such a encumbrance
■ Continued annotation of subject notices of lis pendens is Ratio:
intended to molest the Tiongco, and is not necessary to protect Doctrine of lis pendens
plaintiff’s rights, which are now foreclosed by prescription. ● founded upon reasons of public policy and necessity.
● Petitioner seeked Reconsideration. ● Purpose : to make known to the whole world that properties in litigation
○ Respondent Judge issued an Order reversing himself on grounds that: are still within the power of the court until the litigation is terminated and to
(1) it had already lost jurisdiction over the case due to the expiration prevent the defeat of the judgment or decree by subsequent alienation.
of the last day to appeal of both parties, ● an announcement to the whole world that a particular real property is in
(2) the notice of appeal has been approved, and litigation, and serves as a warning that one who acquires an interest over
(3) the records had been ordered elevated to the Court of Appeals. said property does so at his own risk, or that he gambles on the result of
● Tiongco filed another MR against the Order. the litigation over said property.
○ Respondent judge granted Tiongco’s MR, subject of this petition:

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● Statutory basis: Rule 13, Section 14 of the 1997 Rules of Civil Procedure ● Tiongco private respondents’ counsel, used improper and unethical
and Section 76 of PD 1529 (Property Registration Decree) provide the language in his pleadings and motions filed.
statutory bases for notice of lis pendens. Such a notice is proper only in: ○ He believes that petitioner’s counsel, Atty. Deguma, an unmarried
a) An action to recover possession of real estate; lawyer with the Public Attorney's Office is:
b) An action to quiet title thereto; ■ "a rambunctious wrestler-type female of 52 who does not wear a
c) An action to remove clouds thereon; dress which is not red, and who stampedes into the courtroom like
d) An action for partition; and a mad fury and who speaks slang English to conceal her faulty
e) Any other proceedings of any kind in Court directly affecting title to the grammar,” as impelled by less than less than noble reasons in
land or the use or occupation thereof or the building thereon. serving as counsel for petitioner.
○ All petitioner has to do is to assert a claim of possession or title over ■ With an ulterior motive “to please, tenderize and sweeten towards
the subject property to put the property under the coverage of the rule. herself the readily available Carmelo Tiongco,” a retired police
It is not necessary for her to prove ownership or interest over the major described by Tiongco as Atty. Deguma's "nio bonito, "an
property sought to be affected by lis pendens. unmarried mestizo with curly hair who lives with plaintiff for being
● Cancellation: Whether as a matter, of procedure or substance, the rule is houseless and rents a place on the subject property.
that a notice of lis pendens may be cancelled only on two (2) grounds: ■ "a love-crazed female Apache who is now ready to skin defendant
(1) if the annotation was for the purpose of molesting the title of the alive for not being a bastard,”
adverse party, or ■ a "horned spinster and man-hungry virago and female bull of an
(2) when the annotation is not necessary to protect the title of the party Amazon who would stop at nothing to molest, harrass and injure
who caused it to be recorded. defendant - if only to attract police-major Carmelo- the deeply
● No GAD on Respondent Judge in ordering the cancellation of the notices desired object of her unreciprocated affections - who happens not
of lis pendens. to miss every chance to laugh at her behind her back."
Hierarchy of Courts violated ■ engaged in a game of one-upmanship with a fellow employee, in
● The petition should be dismissed, there being a clear violation of the that "she happens to be ambitious enough to secretly plot to put
doctrine of judicial hierarchy that we emphasized in past jurisprudence. one over her office-mate who simply netted a corporal by aiming
○ Only exceptional and compelling reasons justifies the rule’s disregard. at no lest than an IMDC major - hoping to catch him by sheer brass
○ Petitioner has failed to advance a satisfactory explanation as to her and audacity.
failure to comply with or non-observance of the principle of judicial ■ using the PAO as a "marriage bureau for her own benefit.
hierarchy. There is no reason why the instant petition could not have Respondent Tiongco predicts that nothing good will come out of
been brought before the Court of Appeals, considering all the more opposing counsel's scheme since, quoting Voltaire, "outside of
that the appeal of the main case was already before it. virtue, there's no happiness."[43]
○ Had petitioner brought the instant petition before the CA, the same ■ Tiongco achieved a remarkable feat of character assassination.
could, and would, have been consolidated with the appeal, thereby His verbal darts, albeit entertaining in a fleeting way, are cast with
bringing under the competence of the said court all matters relative to little regard for truth.
the action, including the incidents thereof. ○ He does nothing more than to obscure the issues, and his reliance on
Warning on Tiongco’s Improper and unethical language the fool's gold of gossip betrays only a shocking absence of

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 discernment. To this end, it will be wise to give him an object lesson
in the elementary rules of courtesy by which we expect members of
the bar to comport themselves. These provisions of the Code of
Professional Responsibility are pertinent:
● CANON 8 - a lawyer shall conduct himself with courtesy, fairness and
candor toward his professional colleagues, and shall avoid harassing
tactics against opposing counsel.
○ Rule 8.01 - A lawyer shall not, in his professional dealings, use
languages which is abusive, offensive or otherwise improper.
○ Rule 11.03 - A lawyer shall abstain from scandalous, offensive or
menacing language before the courts.
● Although allowed some latitude of remarks or comment in the furtherance
of the cause he upholds, his arguments, both written or oral, should
be gracious to both court and opposing counsel and be of such
words as may be properly addressed by one gentleman to another.
Otherwise, his use of intemperate language invites the disciplinary
authority of the court.
○ We are aghast at the facility with which respondent Atty. Jose B.
Tiongco concocts accusations against the opposing party and her
counsel, although it is of public record that in Tiongco v. Deguma, we
dismissed as totally unfounded his charge of fraudulent conspiracy
and public scandal against petitioner, Major Tiongco, Atty. Deguma
and even the latter's superior at the Public Attorney's Office, Atty.
Napoleon G. Pagtanac. His lexicon of insults, though entertaining, do
not find a ready audience in us, and he should be, as he is hereby,
warned accordingly: Homines qui gestant, quiqui auscultant crimina,
si meo arbitratu liceat, omnis pendeat, gestores linguis, auditores
auribus.
_____________________________________________________________

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