LEGAL ETHICS PART 3: THE PRACTICE OF LAW AND REGULATION OF THE LEGAL is not limited to appearing in court, or advising

ed to appearing in court, or advising and assisting in the conduct of litigation, but

PROFESSION embraces the preparation of pleadings, and other papers incident to actions and special
February 10-11, 2020 proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all
legal advice to clients. It embraces all advice to clients and all actions taken for them in matters
Practice of Law connected with the law. An attorney engages in the practice of law by maintaining an office where
1. Cayetano v. Monsod, G.R. No. 10013, September 3, 1991 he is held out to be an attorney, using a letterhead describing himself as an attorney, counseling
clients in legal matters, negotiating with opposing counsel about pending litigation, and fixing and
FACTS: ​Respondent Christian Monsod was nominated by President Corazon C. Aquino to the collecting fees for services rendered by his associate."
position of Chairman of the COMELEC. Cayetano opposed the nomination because allegedly Monsod
does not possess the required qualification of having been engaged in the practice of law for at least Practice of law means any activity, in or out of court, which requires the application of law,legal
ten years. procedure, knowledge, training and experience. "To engage in the practice of law is to perform those
Monsod is a member of the Philippine Bar, having passed the bar examinations of 1960 with a grade acts which are characteristics of the profession. Generally, to practice law is to give notice or render
of 86.55%. He has been a dues paying member of the Integrated Bar of the Philippines since its any kind of service, which device or service requires the use in any degree of legal knowledge or
inception in 1972-73. He has also been paying his professional license fees as lawyer for more than skill." The practice of law is not limited to the conduct of cases in court.
ten years.
Interpreted in the light of the various definitions of the term "practice of law", and taking into
After graduating from UP and having hurdled the bar, Atty. Monsod worked in the law office of his consideration the liberal construction intended by the framers of the Constitution, Atty. Monsod s
father. During his stint in the World Bank Group (1963-1970), Monsod worked as an operations past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of
officer which involved getting acquainted with the laws of member-countries,negotiating loans and industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor —
coordinating legal, economic, and project work of the Bank. He worked with the Meralco Group, and verily more than satisfy the constitutional requirement — that he has been engaged in the practice
since 1986, has rendered services to various companies as a legal and economic consultant or chief of law for at least ten years.
executive officer. As former Secretary-General (1986) and NationalChairman (1987) of NAMFREL.
Monsod's work involved being knowledgeable in election law. He appeared for NAMFREL in its
accreditation hearings before the Comelec. In the field of advocacy, Monsod, in his personal capacity
and as former Co-Chairman of the Bishops Businessmen's Conference for Human Development, has
worked with the underprivileged sectors, such as the farmer and urban poor groups, in initiating, 2. Paguia v. Office of the President, G.R. No. 1762-78, June 22, 2010
lobbying for and engaging in affirmative action for the agrarian reform law and lately the urban land *this is GR 176278, June 25, 2010 Resolution
reform bill. Monsod also made use of his legal knowledge as a member of the Davide Commission, a FACTS: ​March 2006, President Arroyo nominated CJ Hilario G. Davide Jr. (Davide) as Permanent
quasi-judicial body, which conducted numerous hearings (1990) and as a member of the Representative to the United Nations. Ala F. Paguia (petitioner), as citizen and taxpayer, filed this
Constitutional Commission (1986-1987), and Chairman of its Committee on Accountability of Public original action to invalidate the nomination, alleging violation of RA 7157 (Philippine Foreign
Officers, and the party-list system for the House of Representative. Service Act of 1991).

Challenging the validity of the confirmation by the Commission on Appointments of Monsod's Petitioner argues that Davide was 70 years old at the time of his nomination, thus he is disqualified
nomination, Cayetano as a citizen and taxpayer, filed the instant petition for Certiorari and from holding his post. RA 7157 pegs the mandatory retirement age of all officers and employees of
Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman the DFA at 65 years old. Patitioner argues that this rule applies to all DFA employees, career or
of the Commission on Elections be declared null and void. non-career, thus Davide's entry into the DFA ranks discriminates against the rest of the DFA officials
Challenging the validity of the confirmation by the Commission on Appointments of Monsod's and employees.
nomination, Cayetano as a citizen and taxpayer, filed the instant petition for Certiorari and
Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman The Office of the President and the Secretary of Foreign Affairs (respondents) argue that
of the Commission on Elections be declared null and void. RA 7157's mandated retirement age applies only to career diplomats, exluding from its ambit
non-career appointees such as Davide.
ISSUE: ​WON Atty. Monsod had been engaged in the practice of law for at least 10 years and can
therefore be the COMELEC Commissioner. ​(YES) ISSUE: ​W/N petitioner has standing in court. [NO]

RULING: ​Black defines "practice of law" as: "The rendition of services requiring the knowledge and RULING:​Petitioner's suspension from the practice of law bars him from performing "any activity, in
the application of legal principles and technique to serve the interest of another with his consent. It or out of court, which requires the application of law, legal procedure, knowledge, training and

1
experience." Certainly, preparing a petition raising carefully crafted arguments on equal protection general average in bar examinations to 70 per cent effective since 1946. Shortly thereafter the
grounds and employing highly legalistic rules of statutory construction to parse Section 23 of RA President vetoed it. Congress did not override the veto. Instead, it Senate Bill Senate Bill No. 371,
7157 falls within the proscribed conduct. embodying substantially the provisions of the vetoed bill. President allowed the bill to become a law
as Republic Act No. 972.
Not “Practice of law”-related
Petitioner's citizenship and taxpayer status do not clothe him with standing to bring this suit. We RA 972, An Act to Fix the Passing Marks for Bar Examinations from 1946 up to and Including 1955,
have granted access to citizen’s suits on the narrowest of ground:when they raise issues of fixed the passing grades for the following years as follows:
"transcendental" importance calling for urgent resolution. 5 Three factors are relevant in our 1946-1951- 70%
determination to allow third party suits so we can reach and resolve the merits of the crucial issues 1952- 71%
raised — the character of funds or assets involved in the controversy, a clear disregard of 1953- 72%
constitutional or statutory prohibition, and the lack of any other party with a more direct and 1954- 73%
specific interest to bring the suit. 6 None of petitioner's allegations comes close to any of these 1955- 74%
parameters. Career ambassadors forced to leave the service at the mandated retirement age
unquestionably hold interest far more substantial and personal than petitioner's generalized After its approval, many of the unsuccessful postwar candidates filed petitions for admission to the
interest as a citizen in ensuring enforcement of the law. bar invoking its provisions. There are also others who have sought simply the reconsideration of
their grades without, however, invoking the law in question.
The same conclusion holds true for petitioner's invocation of his taxpayer status. Taxpayers'
contributions to the state's coffers entitle them to question appropriations for expenditures which ISSUE: ​W/N RA 972 is constitutional [NO, it’s unconstitutional]
are claimed to be unconstitutional or illegal. 7 However, the salaries and benefits respondent Davide
received commensurate to his diplomatic rank are fixed by law and other executive issuances, the RULING: ​Republic Act No. 972 has for its object, according to its author, to admit to the Bar, those
funding for which was included in the appropriations for the DFA's total expenditures contained in candidates who suffered from insufficiency of reading materials and inadequate preparation, "The
the annual budgets Congress passed since respondent Davide's nomination. reason for relaxing the standard 75% passing grade is the tremendous handicap which students
during the years immediately after the Japanese occupation has to overcome such as the
insufficiency of reading materials and the inadequacy of the preparation of students who took up
Supervision and Control law soon after the liberation."
3. In re Cunanan, 94 Phil. 534 (1954)
By its declared objective, the law is contrary to public interest because it qualifies 1,094 law
FACTS: ​Under the Rules of Court governing admission to the bar, "in order that a candidate (for graduates who confessedly had inadequate preparation for the practice of the profession, as was
admission to the Bar) may be deemed to have passed his examinations successfully, he must have exactly found by this Tribunal in the aforesaid examinations. The legal profession is entrusted the
obtained a general average of 75 per cent in all subjects, without falling below 50 per cent in any protection of property, life, honor and civil liberties. To approve officially of those inadequately
subject." prepared individuals to dedicate themselves to such a delicate mission is to create a serious social
danger.
Considering the varying difficulties of the different bar examinations held since 1946 and the
varying degree of strictness with which the examination papers were graded, this court passed and Moreover, the statement that there was an insufficiency of legal reading materials is grossly
admitted to the bar those candidates who had obtained an average of only 72 per cent was raised to exaggerated. There were abundant materials. Decisions of this court alone in mimeographed copies
75 per cent. It was adjusted as follows: were made available to the public during those years and private enterprises had also published
1946- 72% them in monthly magazines and annual digests. The Official Gazette has been published
1947- 69% continuously. Books and magazines published abroad have entered without restriction since 1945.
1948- 70% Those are facts of public knowledge
1949- 74%
1950-1953- 75% In the judicial system from which ours has been evolved, the admission, suspension, disbarment and
reinstatement of attorneys at law in the practice of the profession and their supervision have been
Believing themselves as fully qualified to practice law as those reconsidered and passed by this indisputably a judicial function and responsibility. Because of this attribute, its continuous and
court, and feeling conscious of having been discriminated against unsuccessful candidates who zealous possession and exercise by the judicial power have been demonstrated during more than six
obtained averages of a few percentage lower than those admitted to the Bar agitated in Congress for, centuries, which certainly "constitutes the most solid of titles." Even considering the power granted
and secured in 1951 the passage of Senate Bill No. 12, which, among others, reduced the passing to Congress by our Constitution to repeal, alter and supplement the rules promulgated by this Court

2
regarding the admission to the practice of law, to our judgment the proposition that the admission, "The distinction between the functions of the legislative and the judicial departments is that it is
suspension, disbarment and reinstatement of attorneys at law is a legislative function, properly the province of the legislature to establish rules that shall regulate and govern in matters of
belonging to Congress, is unacceptable. The function requires (1) previously established rules and transactions occurring subsequent to the legislative action, while the judiciary determines rights
principles, (2) concrete facts, whether past or present, affecting determinate individuals. and (3) and obligations with reference to transactions that are past or conditions that exist at the time
decision as to whether these facts are governed by the rules and principles; in effect, a judicial of the exercise of judicial power, and the distinction is a vital one and not subject to alteration or
function of the highest degree. And it becomes more undisputably judicial, and not legislative, if change either by legislative action or by judicial decrees.
previous judicial resolutions on the petitions of these same individuals are attempted to be revoked
or modified. In decreeing that bar candidates who obtained in the bar examinations of 1946 to 1952, a general
average of 70 per cent without falling below 50 per cent in any subject, be admitted in mass to the
[The case early on says that ruling on the issue would have been easier had there been an identical practice of law, the disputed law is not a legislation; it is a judgment — a judgment revoking those
jurisprudence with a similar background. This is probably why the SC resorted to quoting US promulgated by this Court during the aforecited year affecting the bar candidates concerned; and
Jurisprudence heavily.] although this Court certainly can revoke these judgments even now, for justifiable reasons, it is no
less certain that only this Court, and not the legislative nor executive department, that may be so.
Citing US Jurisprudence State v Cannon: "Under our Constitution the judicial and legislative Any attempt on the part of any of these departments would be a clear usurpation of its functions, as
departments are distinct, independent, and coordinate branches of the government. Neither branch is the case with the law in question.
enjoys all the powers of sovereignty, but each is supreme in that branch of sovereignty which
properly belongs to its department. Neither department should so act as to embarrass the other in That the Constitution has conferred on Congress the power to repeal, alter or supplement the rules
the discharge of its respective functions. promulgated by this Tribunal, concerning the admission to the practice of law, is no valid argument.
Section 13, Article VIII of the Constitution provides: “The Supreme Court shall have the power to
"The relation of the bar to the courts is a peculiar and intimate relationship. The bar is an promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to
attaché of the courts. The quality of justice dispensed by the courts depends in no small degree the practice of law… The existing laws on pleading, practice, and procedure are hereby repealed as
upon the integrity of its bar. An unfaithful bar may easily bring scandal and reproach to the statutes, and are declared Rules of Courts, subject to the power of the Supreme Court to alter and
administration of justice and bring the courts themselves into disrepute. modify the same. The Congress shall have the power to repeal, alter, or supplement the rules
concerning pleading, practice, and procedure, and the admission to the practice of law in the
“For more than six centuries prior to the adoption of our Constitution, the courts of England, had Philippines."
exercised the right of determining who should be admitted to the practice of law, which,
'constitutes the most solid of all titles.' If the courts and the judicial power be regarded as an It will be noted that the Constitution has not conferred on Congress and this Tribunal equal
entity, the power to determine who should be admitted to practice law is a constituent element responsibilities concerning the admission to the practice of law. The primary power and
of that entity. responsibility which the Constitution recognizes continue to reside in this Court. Had Congress
found that this Court has not promulgated any rule on the matter, it would have nothing over which
“The idea that the Legislature might embarrass the judicial department by prescribing to exercise the power granted to it. Congress may repeal, alter and supplement the rules
inadequate qualifications for attorneys at law is inconsistent with the dominant purpose of promulgated by this Court, but the authority and responsibility over the admission, suspension,
making the judicial independent of the legislative department, and such a purpose should not be disbarment and reinstatement of attorneys at law and their supervision remain vested in the
inferred in the absence of express constitutional provision. While the Legislature may legislate Supreme Court. The power to repeal, alter and supplement the rules does not signify nor permit that
with respect to the qualifications of attorneys, its power in that respect does not rest upon any Congress substitute or take the place of this Tribunal in the exercise of its primary power on the
power possessed by it to deal exclusively with the subject of the qualifications of attorneys, but matter. The Constitution does not say nor mean that Congress may admit, suspend, disbar or
is incidental merely to its general and unquestioned power to protect the public interest. When reinstate directly attorneys at law, or a determinate group of individuals to the practice of law. Its
it does legislate fixing a standard of qualifications required of attorneys at law in order that power is limited to repeal, modify or supplement the existing rules on the matter, if according to its
public interests may be protected, such qualifications constitute only a minimum standard and judgment the need for a better service of the legal profession requires it. But this power does not
limit the class from which the court must make its selection. Such legislative qualifications do relieve this Court of its responsibility to admit, suspend, disbar and reinstate attorneys at law and
not constitute the ultimate qualifications beyond which the court cannot go in fixing additional supervise the practice of the legal profession.
qualifications deemed necessary by the course for the proper administration of judicial
functions. Being coordinate and independent branches, the power to promulgate and enforce rules for the
admission to the practice of law and the concurrent power to repeal, alter and supplement them
In another US Case, In re Day:

3
may and should be exercised with the respect that each owes to the other, giving careful by means of simply taking its place. This is doing directly what the Tribunal should have done
consideration to the responsibility which the nature of each department requires. during those years according to the judgment of Congress. In other words, the power exercised was
not to repeal, alter or supplement the rules, which continue in force. What was done was to stop or
The legislature may, by means of repeal, amendment or supplemental rules, fill up any deficiency suspend them. And this power is not included in what the Constitution has granted to Congress,
that it may find, and the judicial power, which has the inherent responsibility for a good and because it falls within the power to apply the rules. This power corresponds to the judiciary, to
efficient administration of justice and the supervision of the practice of the legal profession, should which such duty been confided.
consider these reforms as the minimum standards for the elevation of the profession, and see to it
that with these reforms the lofty objective that is desired in the exercise of its traditional duty of Summarizing, we are of the opinion and hereby declare that Republic Act No. 972 is unconstitutional
admitting, suspending, disbarring and reinstating attorneys at law is realized. They are powers and therefore, void, and without any force nor effect for the following reasons, to wit:
which, exercised within their proper constitutional limits, are not repugnant, but rather
complementary to each other in attaining the establishment of a Bar that would respond to the 1. Because its declared purpose is to admit 810 candidates who failed in the bar examinations of
increasing and exacting necessities of the administration of justice. 1946-1952, and who, it admits, are certainly inadequately prepared to practice law, as was exactly
found by this Court in the aforesaid years. It decrees the admission to the Bar of these candidates,
The ultimate power to grant license for the practice of law belongs exclusively to this Court, and the depriving this Tribunal of the opportunity to determine if they are at present already prepared to
law passed by Congress on the matter is of permissive character, or as other authorities say, merely become members of the Bar. It obliges the Tribunal to perform something contrary to reason and in
to fix the minimum conditions for the license. an arbitrary manner. This is a manifest encroachment on the constitutional responsibility of the
Supreme Court.
The law in question has been found also to suffer from the fatal defect of being a class legislation,
and that if it has intended to make a classification, it is arbitrary and unreasonable. 2. Because it is, in effect, a judgment revoking the resolution of this Court on the petitions of these
810 candidates, without having examined their respective examination papers, and although it is
Citing State v Cannon: “If it be granted that the legislature has power to prescribe ultimately and admitted that this Tribunal may reconsider said resolution at any time for justifiable reasons, only
definitely the qualifications upon which courts must admit and license those applying as attorneys this Court and no other may revise and after them. In attempting to do it directly Republic Act No.
at law, that power can not be exercised in the manner here attempted. That power must be 972 violated the Constitution.
exercised through general laws which will apply to all alike and accord equal opportunity to all.
3. By the disputed law, Congress has exceeded its legislative power to repeal, alter and supplement
Pursuant to the law in question, those who, without a grade below 50 per cent in any subject, have the rules on admission to the Bar. Such additional or amendatory rules are, as they ought to be,
obtained a general average of 69.5 per cent in the bar examinations in 1946 to 1951, 70.5 per cent in intended to regulate acts subsequent to its promulgation and should tend to improve and elevate
1952, 71.5 per cent in 1953, and those will obtain 72.5 per cent in 1954, and 73.5 per cent in 1955, the practice of law, and this Tribunal shall consider these rules as minimum norms towards that end
will be permitted to take and subscribe the corresponding oath of office as members of the Bar, in the admission, suspension, disbarment and reinstatement of lawyers to the Bar, inasmuch as a
notwithstanding that the rules require a minimum general average of 75 per cent, which has been good bar assists immensely in the daily performance of judicial functions and is essential to a
invariably followed since 1950. Is there any motive of the nature indicated by the abovementioned worthy administration of justice. It is therefore the primary and inherent prerogative of the
authorities, for this classification? If there is none, and none has been given, then the classification is Supreme Court to render the ultimate decision on who may be admitted and may continue in the
fatally defective. practice of law according to existing rules.

To defend the disputed law from being declared unconstitutional on account of its retroactivity, it is 4. The reason advanced for the pretended classification of candidates, which the law makes, is
argued that it is curative, and that in such form it is constitutional. What does Rep. Act 972 intend to contrary to facts which are of general knowledge and does not justify the admission to the Bar of
cure? Only from 1946 to 1949 were there cases in which the Tribunal permitted admission to the law students inadequately prepared. The pretended classification is arbitrary. It is undoubtedly a
bar of candidates who did not obtain the general average of 75 per cent. class legislation.

What Congress lamented is that the Court did not consider 69.5 per cent obtained by those 5. Article 2 of Republic Act No. 972 is not embraced in the title of the law, contrary to what the
candidates who failed in 1946 to 1952 as sufficient to qualify them to practice law. Hence, it is the Constitution enjoins, and being inseparable from the provisions of article 1, the entire law is void..
lack of will or defect of judgment of the Court that is being cured, and to complete the cure of this
infirmity, the effectivity of the disputed law is being extended up to the years 1953, 1954 and 1955, 6. Lacking in eight votes to declare the nullity of that part of article 1 referring to the examinations
increasing each year the general average by one per cent, with the order that said candidates be of 1953 to 1955, said part of article 1, insofar as it concerns the examinations in those years, shall
admitted to the Bar. This purpose, manifest in the said law, is the best proof that what the law continue in force.
attempts to amend and correct are not the rules promulgated, but the will or judgment of the Court,

4
 FREEDOM of ASSOCIATION NOT VIOLATED – Integration does not make a lawyer a member of any
group of which he is not already a member. He became a member of the Bar when he passed the Bar
4. In the Matter of the Integration of the Bar of the Philippines, Supreme Court Resolution examinations. All that integration actually does is to provide an official national organization. "Bar
dated January 9, 1973 integration does not compel the lawyer to associate with anyone.
NATURE OF THE FEES EXACTED FROM THE LAWYER – If the Court has inherent power to regulate
the Bar, it follows that as an incident to regulation, it may impose a membership fee for that
FACTS: ​This petition is for the integration of the Philippine Bar. In 1971, Congress passed House Bill purpose. The public interest promoted by the integration of the Bar far outweighs the
“An Act providing for the integration of the Philippine Bar, and appropriating funds thereof” – this inconsequential inconvenience to a member that might result from his required payment of annual
was signed by President Marcos. Rep. Act 6397 was enacted containing the provisions: dues.
FREEDOM OF SPEECH NOT VIOLATED - A lawyer is free, as he has always been, to voice his views
“Section1: Within 2 years from the approval of this act, the Supreme Court may adopt rules of court on any subject in any manner he wishes, even though such views be opposed to positions taken by
to effect the integration of the Philippine Bar under such conditions as it shall see fit in order to raise the Unified Bar.
the standards of the legal profession, improve the administration of justice, and enable the Bar to INTEGRATION IS FAIR TO ALL LAWYERS - Bar integration is not unfair to lawyers already
discharge its public responsibility more effectively. practicing because although the requirement to pay annual dues is a new regulation, it will give the
members of the Bar a new system which they hitherto have not had and through which, by proper
Section2: The sum 500,000 is hereby appropriated, out of any funds in the National Treasury not work, they will receive benefits they have not heretofore enjoyed, and discharge their public
otherwise appropriated, to carry out the purposes of this Act…..” responsibilities in a more effective manner than they have been able to do in the past.

Administrative Case No. 526 formally prays for the Court to order the integration of the Philippine 3. Should the Court ordain the integration of the Bar at this time?
Bar. In 1972, the Commission on Bar Integration submitted a Report – with earnest Yes, some benefits of integrating the Bar for other jurisdictions: 1) improved discipline among the
recommendation to ordain the integration of the Philippine Bar through the adoption and members of the Bar; (2) greater influence and ascendancy of the Bar; (3) better and more
promulgation of an appropriate Court Rule. meaningful participation of the individual lawyer in the activities of the Integrated Bar; (4) greater
Bar facilities and services; (5) elimination of unauthorized practice (6) avoidance of costly
ISSUE: ​Whether or not to integrate the Philippine Bar at this time – YES, the SC answered the 3 membership campaigns…
questions below to conclude that the integration of the Philippine Bar is perfectly constitutional and Evils prophesied by opponent of Bar Integration that Government authority will dominate the Bar;
legally unobjectionable. The Integration of the Bar was ordained and effective on January 16, 1973. local Bar associations will be weakened; cliquism will be the inevitable result; effective lobbying will
not be possible; the Bar will become an impersonal Bar; and politics will intrude into its affairs –
RULING: ​The Court defined the “Bar Integration” by adopting the concept given by the Commission HOWEVER THESE NEVER MATERIALIZED IN OVER 50 YEARS OF Bar integration in other
on Bar Integration in its Report. Integration of the Philippine Bar means the official national jurisdictions.
unification of the entire lawyer population of the Philippines. 'Bar' refers to the collectivity of all
persons whose names appear in the Roll of Attorneys. An Integrated Bar (or Unified Bar) perforce National Poll among lawyers in the Philippines (among total 15,090 lawyers): 14,555 (96.45%)
must include all lawyers. voted in favor of Bar integration, 378 (2.51%) voted against it. A total of eighty (80) local Bar
associations and lawyers' groups with no opposition Finally, of the 13,802 individual lawyers who
"Complete unification is not possible unless it is decreed by an entity with power to do so: the State. cast their plebiscite ballots on the proposed integration Court Rule drafted by the Commission,
Bar integration, therefore, signifies the setting up by Governmental authority of a national 12,855 (or 93.14 per cent) voted in favor thereof, 662 (4.8%) voted against it.
organization of the legal profession based on the recognition of the lawyer as an officer of the court.
All these clearly indicate an overwhelming nationwide demand for Bar integration at this time.
Designed to improve the position of the Bar as an instrumentality of justice and the Rule of Law,
integration fosters cohesion among lawyers, and ensures, through their own organized action and
Good Moral Character as a prerequisite to Bar admission
participation, the promotion of the objectives of the legal profession, pursuant to the principle of
maximum Bar autonomy with minimum supervision and regulation by the Supreme Court.” 5. In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar
Examinations, B.M. No. 1154, June 8, 2004
1. Does the Court have the power to integrate the Philippine Bar? [IMPT]
Article VIII, Sec. 13 of the Constitution, "to promulgate rules concerning pleading, practice, and FACTS: ​Atty Froilan Melendez filed with Officer of the Bar Confidant a Petition to disqualify Haron
procedure in all courts, and the admission to the practice of law." Meling from taking the 2002 Bar Examinations and to impose a penalty as a member of the
YES, the power to integrate is an inherent part of the Court's constitutional authority over Philippine Shari’a Bar Melendrez alleges that Meling did not disclose (in his application to take the
the Bar. In providing that "the Supreme Court may adopt rules of court to effect the integration of
2002 Bar) that he has three pending criminal cases -- two cases of grave oral defamation and for less
the Philippine Bar," Republic Act 6397 neither confers a new power nor restricts the Court's
inherent power, but is a mere legislative declaration that the integration of the Bar will promote serious physical injuries (arose when Meling allegedly uttered defamatory words against Melendrez
public interest or, more specifically, will "raise the standards of the legal profession, improve the in front of the media and attacked and hit the face of the wife). Further, Melendrez alleged that
administration of justice, and enable the Bar to discharge its public responsibility more effectively." Meling has been using the title “Attorney” even if he is not a member of the Bar.

2. Would the integration of the Bar be constitutional?

YES – The practice of law is not a vested right but a privilege.
5
Meling explains that because retired Judge Corocoy Moson, their former professor, advised him to both be considered "counselors," in the sense that they give counsel or advice in a professional
settle his misunderstanding with Melendrez. Believing in good faith that the case would be settled capacity, only the latter is an "attorney."
because the said Judge has moral ascendancy over them, he being their former professor in the
College of Law, Meling considered the three cases that actually arose from a single incident and Hence, in this case, membership of Meling in the Shari’a Bar was suspended.
involving the same parties as "closed and terminated." As for the use of “Attorney”, it was typed by
the office clerk.
6. In re Al C. Argosino, B.M. No. 712, July 13, 1995.
The OBC recommended that Meling must not be allowed to take the Oath and sign the Roll of
Attorneys in the event that he passes the Bar and that his membership in the Shari’a Bar be FACTS: ​Criminal Information was filed with the RTC QC charging AC Argosino along with 13 others
suspended. for the crime of homicide for the death of Raul Camaligan. The death of Camaligan stemmed from
the infliction of severe physical injuries due to hazing conducted as part of university fraternity
ISSUE: ​Whether or not exemplified the good moral character needed in the legal profession that initiation rites. Argosino and his co-accused entered into plea bargaining with prosecution and thus
would allow him to take his oath and be admitted in the practice of law? -- NO pleaded guilty to the lesser offense of homicide through reckless imprudence. The plea was accepted
by the court and a judgement was promulgated convicting the 14 accused 11 days later, Argosino
RULING: and others filed an application for probation with RTC, which was granted for a period of 2 years.
Melomg did not pass the 2003 Bar Exams, hence petition is moot as to the prevention of taking of Less than a month later, Argosino filed a Petition for Admission to take the 1993 bar examinations.
the oath. However, the matters were still substantially ruled by the Court. In the petition, he disclosed his conviction and his probation status, and he was allowed to take the
1993 bar exams. Argosino passed but the bar but was not allowed to take the lawyer’s oath.
Practice of law, whether under the regular or the Shari'a Court, is not a matter of right but merely a Argosino then filed a Petition with the SC to allow him to take the oath and to admit him to the
privilege bestowed upon individuals who are not only learned in the law but who are also known to practice of law averring that his probation period was already termination (the probation period did
possess good moral character. ​The requirement of good moral character is not only a condition not last for more than 10 months).
precedent to admission to the practice of law, its continued possession is also essential for
remaining in the practice of law. The standard form issued in connection with the application to take ISSUE: ​Whether or not Mr. Argosino should be allowed to take his oath and be admitted in the
the 2002 Bar Examinations requires the applicant to aver that he or she "has not been charged with practice of law?
any act or omission punishable by law, rule or regulation before a fiscal, judge, officer or
administrative body, or indicted for, or accused or convicted by any court or tribunal of, any offense RULING:
or crime involving moral turpitude; nor is there any pending case or charge against him/her." REQUIREMENT OF GOOD MORAL CHARACTER: The practice of law is not a natural, absolute or
Despite the declaration required by the form, Meling did not reveal that he has three pending constitutional right to be granted to everyone who demands it. Rather, it is a high personal privilege
criminal cases. His deliberate silence constitutes concealment, done under oath at that. limited to citizens of good moral character,​ with special educational qualifications, duly ascertained
and certified​. ​It is something more than an absence of bad character.​ It means that he must have
The disclosure requirement is imposed by the Court to determine whether there is satisfactory conducted himself as a man of upright character ordinarily would, or should, or does. ​Such character
evidence of good moral character of the applicant. The nature of whatever cases are pending against expresses itself, not in negatives nor in following the line of least resistance,​ ​but quite often,​ ​in the will
the applicant would aid the Court in determining whether he is endowed with the moral fitness to do the unpleasant thing if it is right​, ​and the resolve not to do the pleasant thing if it is wrong.The
demanded of a lawyer. By concealing the existence of such cases, the applicant then flunks the test of highest degree of scrutiny must be exercised as to the moral character of a candidate who presents
fitness even if the cases are ultimately proven to be unwarranted or insufficient to impugn or affect himself for admission to the bar.​ ​The inquiry as to the moral character of an attorney in a proceeding
the good moral character of the applicant. for his admission to practice is ​broader in scope than in a disbarment proceeding. The requirement
of good moral character to be satisfied by those who would seek admission to the bar must of
Meling's concealment of the fact that there are three (3) pending criminal cases against him speaks necessity be more stringent than the norm of conduct expected from members of the general public.
of his lack of the requisite good moral character and results in the forfeiture of the privilege There is a very real need to prevent a general perception that entry into the legal profession is open
bestowed upon him as a member of the Shari'a Bar. to individuals with inadequate moral qualifications. ​Good moral character is a requirement
possession of which must be demonstrated not only at the time of application for permission to take
In the use of Attorney -- Alawi v Alauya says, “persons who pass the Shari'a Bar are not full- fledged the bar examinations but also, and more importantly, at the time of application for admission to the
members of the Philippine Bar, hence, may only practice law before Shari'a courts. While one who bar and to take the attorney's oath of office.
has been admitted to the Shari'a Bar, and one who has been admitted to the Philippine Bar, may
APPLIED TO THE CASE: Mr. Argosino and his co-accused had failed to discharge their moral duty to
protect the life and well-being of a "neophyte" who had, by seeking admission to the fraternity

6
involved, reposed trust and confidence in all of them that, at the very least, he would not be beaten Villareal's brother. The trial court dismissed the charge against Conception on the ground of
and kicked to death like a useless stray dog. Thus, participation in the prolonged and mindless violation of his right to speedy trial and the CA also dismissed the cases against Escalona, Ramos,
physical beatings inflicted upon Raul Camaligan constituted evident rejection of that moral duty and Saruca, and Adriano on the same basis. The consolidated cases seek for the reversal of CA’s decision.
was totally irresponsible behavior, which makes impossible a finding that the participant was ​then
possessed of good moral character. ​Now that the original period of probation granted by the trial ISSUE: ​Are the accused guilty of homicide and slight physical injuries? ​[NO, they are guilty of
court has expired, the Court is prepared to consider ​de novo the question of whether Argosino has reckless imprudence resulting in homicide due to the absence of malicious intent] ​sorry
purged himself of the obvious deficiency in moral character referred to above. Argosino is directed walang issue sa case which specifically relates to ethics as in this is the issue for resolution na
to show proof through sworn certifications from responsible members of the community who have
a good reputation for truth and who have ​actually known Mr. Argosino for a ​significant period of RULING:
time​. He should show how he tried to make up for the senseless killing of a helpless student and to The Revised Penal Code belongs to the classical school of thought. The classical theory posits that a
the community at large. human person is essentially a moral creature with an absolute free will to choose between good and
evil. Criminal liability is thus based on the free will and moral blame of the actor. The identity of
mens rea — defined as a guilty mind, a guilty or wrongful purpose or criminal intent — is the
7. Consolidated cases of Villareal vs. People of the Philippines, G.R. No. 151258, People vs. predominant consideration. Thus, it is not enough to do what the law prohibits, it is necessary that
Court of Appeals, G.R. No. 154954, Dizon vs. People, G.R. No. 155101, and Villa vs. Escalona, the act be committed by means of dolo or "malice" which involves the elements of freedom (refers
G.R. Nos. 178057 and 178080, February 1, 2012. to an act done with deliberation and with power to choose between two things), intelligence
(concerns the ability to determine the morality of human acts, as well as the capacity to distinguish
FACTS: ​In 1991, 7 freshmen law students of Ateneo Law signified their intention to join Aquila Legis between a licit and an illicit act), and intent (involves an aim or a determination to do a certain act).
Juris Fraternity. The neophytes were Caesar "Bogs" Asuncion, Samuel "Sam" Belleza, Bienvenido The element of intent is described as the state of mind accompanying an act, especially a forbidden
"Bien" Marquez III, Roberto Francis "Bert" Navera, Geronimo "Randy" Recinto, Felix Sy, Jr., and act. It refers to the purpose of the mind and the resolve with which a person proceeds. Intentional
Leonardo "Lenny" Villa. They were all brieded in Musngi’s house on what to expect during the felony requires the existence of dolus malus — that the act or omission be done "willfully,"
initiation rites (physical beatings) and that they could quit at any time. The rites were scheduled to "maliciously," "with deliberate evil intent," and "with malice aforethought." The presence of an
last for 3 days. They were then brought to the Almeda Compound and as soon as they alighted the initial malicious intent to commit a felony is thus a vital ingredient in establishing the commission of
van, some of the Aquilans delivered physical blows to them. They were also subjected to traditional the intentional felony of homicide. Being mala in se, the felony of homicide requires the existence of
forms of Aquilan initiation rites--Indian Run, Bicol Express, Rounds, and Auxies’ Privilege Round. malice or dolo immediately before or simultaneously with the infliction of injuries. Intent to kill —
or animus interficendi — cannot and should not be inferred, unless there is proof beyond
On the second day, they were made to present comic plats and to play rough basketball. They were reasonable doubt of such intent. Furthermore, the victim's death must not have been the product of
also required to memorize and recite Aquila’s principles. Thereafter, they were subjected to the accident, natural cause, or suicide. If death resulted from an act executed without malice or criminal
same manner of hazing they endured on the first day. Dizon and Villareal (accused non-resident or intent — but with lack of foresight, carelessness, or negligence — the act must be qualified as
alumni frat members) demanded that the rites be reopened which Victorina (head of initiation rites) reckless or simple negligence or imprudence resulting in homicide.
initially refused. The neophytes were then subjected to paddling and additional rounds of physical
pain. After their last session, Lenny could no longer walk and had to be carried to the carport where The presence of an ex ante situation — in this case, fraternity initiation rites — does not
he slept with the others. After an hour of sleep, the neophytes were roused by his shivering and automatically amount to the absence of malicious intent or dolus malus. If it is proven beyond
incoherent mumblings which was initially dismissed for they thought he was just overreacting but reasonable doubt that the perpetrators were equipped with a guilty mind — whether or not there is
his condition worsened. He was sent to the hospital where he was pronounced dead on arrival. a contextual background or factual premise — they are still criminally liable for intentional felony.
The trial court, the CA, and the Solicitor General are all in agreement that — with the exception of
A criminal case for homicide was filed against 35 Aquilans. 26 of them were jointly tried but the trial Villareal and Dizon — accused Tecson, Ama, Almeda, and Bantug did not have the animus
against the 9 was held in abeyance due to certain matters that had to be resolved first. RTC found interficendi or intent to kill Lenny Villa or the other neophytes.
them guilty and penalized them with reclusion temporal. CA affirmed but modified the finding that
of conspiracy and the criminal liability of each in accordance to their participation. Accused De Leon The testimony of witness Marquez reveals a glaring mistake of substantial proportion on the part of
passed away and 19 of them were acquitted while 4 were guilty of the crime of slight physical the CA — it mistook the utterances of Dizon for those of Villareal. Such inaccuracy cannot be
injuries and 2 were guilty of the crime of homicide. In ruling for the guilt of Villareal and Dizon, the tolerated, especially because it was the CA's primary basis for finding that Villareal had the intent to
CA stated that they had the animus interficendi or intent to kill Lenny Villa, not merely to inflict kill Lenny Villa, thereby making Villareal guilty of the intentional felony of homicide. To repeat,
physical injuries on him. It justified its finding of homicide against Dizon by holding that he had according to Bienvenido Marquez's testimony, as reproduced above, it was Dizon who uttered both
apparently been motivated by ill will while beating up Villa. Dizon kept repeating that his father's "accusations" against Villa and Marquez; Villareal had no participation whatsoever in the specific
parking space had been stolen by the victim's father. As to Villareal, the court said that he suspected threats referred to by the CA.
the family of Bienvenido Marquez, one of the neophytes, to have had a hand in the death of
7
As to the existence of animus interficendi on the part of Dizon, the Court held that it was just his way from repeated blows to those areas, caused the loss of blood from his vital organs and led to his
of inflicting psychological pressure while hurling make-believe accusations. He concocted the eventual death. There is also evidence to show that some of the accused fraternity
fictitious stories, so that he could "justify" giving the neophytes harder blows, all in the context of members were drinking during the initiation rites. Consequently, the collective acts of the fraternity
fraternity initiation and role playing. At the outset, the neophytes were briefed that they would be members were tantamount to recklessness, which made the resulting death of Lenny a culpable
subjected to psychological pressure in order to scare them. They knew that they would be mocked, felony. The Court found Tecson, Ama, Almeda, Bantug, and Dizon guilty for the felony of reckless
ridiculed, and intimidated. They heard fraternity members shout, "Patay ka, Recinto," "Yari ka, imprudence resulting in homicide.
Recinto," "Villa, akin ka," "Asuncion, gulpi ka," "Putang ina mo, Asuncion," "Putang ina nyo, patay
kayo sa amin," or some other words to that effect. While beating the neophytes, Dizon accused
Marquez of the death of the former's purported NPA brother, and then blamed Lenny Villa's father
for stealing the parking space of Dizon's father. Dizon's behavior must not be automatically viewed
as evidence of a genuine, evil motivation to kill Lenny Villa. Rather, it must be taken within the
context of the fraternity's psychological initiation.

In order to be found guilty of any of the felonious acts under Articles 262 to 266 of the Revised Penal
Code, the employment of physical injuries must be coupled with dolus malus. As an act that is mala
in se, the existence of malicious intent is fundamental, since injury arises from the mental state of
the wrongdoer — iniuria ex affectu facientis consistat. If there is no criminal intent, the accused
cannot be found guilty of an intentional felony. PART 4: INDEPENDENT PROFESSIONAL JUDGMENT: THE ESSENCE OF THE LAWYER'S ROLE

Lenny died during Aquila's fraternity initiation rites. The night before the commencement of the Duty to uphold the Rule of Law and defend human rights
rites, they were told that there would be physical beatings, that the whole event would last for three 1. Piatt vs. Abordo, 58 Phil. 350 (1933) (drugs)
days, and that they could quit anytime. During the whole initiation rites, auxiliaries were assigned to
the neophytes. The auxiliaries protected the neophytes by functioning as human barriers and COMPLAINANT: PIATT, Chief Police of Manila
shielding them from those who were designated to inflict physical and psychological pain on the RESPONDENT: Perfecto Abordo, lawyer
initiates. These rituals were performed with Lenny's consent. A few days before the "rites," he asked FACTS: ​In 1932, respondent Perfecto ABORDO, a member of the Philippine Bar, accepted the offer of
both his parents for permission to join the Aquila Fraternity. His father knew that Lenny would go 2 individuals to sell him opium, a prohibited drug, and agreed to pay P1.50 per tin. That afternoon,
through an initiation process and would be gone for three days. one of the individuals picked up Abordo at the corner of Taft Avenue Extension and Vito Cruz in
Manila, and taken to Rizal Avenue Extension where they found a number of persons awaiting them
The specific animus iniuriandi was not present in the case. Even if the specific acts of in an automobile. A can was disclosed to ABORDO as containing opium, and believing that it was
punching, kicking, paddling, and other modes of inflicting physical pain were done opium, he delivered to one Cabrales the amount of P600 in payment thereof. The can was loaded in
voluntarily, freely, and with intelligence, thereby satisfying the elements of freedom and the automobile which brought ABORDO to the scene of the delivery, but in returning to Manila
intelligence in the felony of physical injuries, the fundamental ingredient of criminal intent another automobile overtook them and the parties riding therein, pretending to be constabulary
was not proven beyond reasonable doubt. On the contrary, all that was proven was that the soldiers, told ABORDO to stop. Instead ABORDO drew his revolver and commanding the driver of
acts were done pursuant to tradition. Although the additional "rounds" on the second night were the car to turn into Calle Vito Cruz was able to evade his pursuers and to arrive safely at his home in
held upon the insistence of Villareal and Dizon, the initiations were officially reopened with the Pasay. Once in his home ABORDO examined the contents of the can and found it to contain fake
consent of the head of the initiation rites; and the accused fraternity members still participated in opium and sand. Thereupon ABORDO reported to the Luneta Police Station of Manila that he had
the rituals, including the paddling, which were performed pursuant to tradition. Other than the been robbed of P600. 2 individuals were later arrested, charged with the crime of estafa, and
paddle, no other "weapon" was used to inflict injuries on Lenny. The targeted body parts were convicted. ​ABORDO’s DEFENSE​. ABORDO admits to the transaction and added that "he is sincerely
predominantly the legs and the arms. The designation of roles, including the role of auxiliaries, sorry for it and vows not to repeat". His defense is that "there being no evidence in the record
which were assigned for the specific purpose of lending assistance to and taking care of the establishing the relationship of attorney and client between the respondent and the malefactors",
neophytes during the initiation rites, further belied the presence of malicious intent. All those who and "the act complained of not having been committed in the exercise of his profession of attorney-
wished to join the fraternity went through the same process of "traditional" initiation; there is no at-law", the acts he committed could not affect his status as attorney-at-law and could not, therefore,
proof that Lenny Villa was specifically targeted or given a different treatment. constitute a ground for disciplinary action.

The absence of malicious intent does not automatically mean, however, that the accused fraternity ISSUE: ​W/N Abordo’s act constitutes a ground for disciplinary action even if he did it in his private
members are ultimately devoid of criminal liability. There was patent recklessness in the hazing of capacity and was not able to consummate it ​[YES. THE SC SUSPENDED HIM FOR 1 YEAR.]
Lenny Villa. The multiple hematomas or bruises found in Lenny Villa's arms and thighs, resulting
8
RULING: As a defense, he admitted the facts alleged by complainant regarding his previous conviction but
Section 21 of the Code of Civil Procedure enumerates the grounds for the suspension or disbarment pleading the conditional pardon in defense, on the doctrine of the decision of this Court in the case
of a lawyer. ​Nevertheless, it is well settled that a member of the bar may be suspended or removed of In re Lontok [pardon wipes out the conviction as if he never committed it].
from his office as lawyer for other than statutory grounds. However, as a general rule, a court will
not assume jurisdiction to discipline one of its officers for misconduct alleged to be committed in his ISSUE: ​Whether or not the conditional pardon extended to respondent places him beyond the scope
private capacity. The exception to the rule is that an attorney will be removed not only for of the rule on disbarment aforecited. - NO
malpractice and dishonesty in his profession, but also for gross misconduct not connected with his
professional duties, which show him to be unfit for the office and unworthy of the privileges which RULING: ​In the Lontok case, The respondent therein was convicted of bigamy and thereafter
his license and the law confer upon him. ​XXX As good character is an essential qualification for pardoned by the Governor-General. In a subsequent proceeding for his disbarment this Court
admission of an attorney to practice, when the attorney's character is bad in such respects as to decided in his favor and held: "When proceedings to strike on attorney's name from the rolls are
show that he is unsafe and unfit to be entrusted with the powers of an attorney, the courts retain the founded on, and depend alone, on a statute making the fact of a conviction for a felony ground for
power to discipline him. XXX ​All that kept the nefarious plan from succeeding was the treacherous disbarment, it has been held that a pardon operates to wipe out the conviction and is a bar to any
conduct of his co-conspirators. The intention to flaunt the law was present even if consummation of proceeding for the disbarment of the attorney after the pardon has been granted.
the overt act was not accomplished. In the eyes of the canons of professional ethics which govern
the conduct of attorneys, the act was as reprehensible as if it had been brought to a successful HOWEVER, the difference is that ​The pardon granted to respondent here is not absolute but
culmination. "Of all classes and professions, the lawyer is most sacredly bound to uphold the laws" conditional, and merely remitted the unexecuted portion of his term. It does not reach the offense
said the US SC in the well known case of Ex Parte Wal, and to that doctrine we give our unqualified itself, unlike that in Ex parte Garland [cited in the Lontok case], which was "a full pardon and
support. ​The Solicitor-General submits that the respondent should be reprimanded and warned that amnesty for all offenses by him committed in connection with the rebellion (civil war) against the
a repetition of similar conduct in the future will be dealt with more severely. To our minds ​such government of the United States."
leniency on the part of the Supreme Court would serve merely to condone a pernicious example set
by a member of the bar, and would result in action entirely inadequate considering the aggravated The foregoing considerations render In re Lontok inapplicable here. Respondent Gutierrez must be
nature of the case. In this respect we are not without judicial precedents to guide us​. ​Thus, in the judged upon the fact of his conviction for murder without regard to the pardon he invokes in
case of IN RE TERREL​, although the respondent had been ​acquitted on the charge of estafa, yet it defense. The crime was qualified by treachery and aggravated by its having been committed in band,
was held that, since the promotion of an organization for the purpose of violating or evading the by taking advantage of his official position (respondent being municipal mayor at the time) and with
penal laws amounted to such malpractice on the part of an attorney as will justify removal or the use of a motor vehicle. ​The degree of moral turpitude involved is such as to justify his being
suspension, the respondent be suspended from the practice of law for a term of one year. Again, in purged from the profession.
IN RE PELAEZ, ​supra, where an attorney-at-law who, as a guardian, pledged the shares of stock
belonging to his ward to guarantee the payment of his personal debt, ​although this was misconduct The practice of law is a privilege accorded only to those who measure up to certain rigid standards
committed in his private capacity, the court nevertheless suspended the respondent from the legal of mental and moral fitness. For the admission of a candidate to the bar the Rules of Court not only
profession for one year. We think the instant case equally grave, and meriting as severe a sentence. prescribe a test of academic preparation but require satisfactory testimonials of good moral
It is the order of the court that the respondent Perfecto Abordo be suspended from the practice of character. These standards are neither dispensed with nor lowered after admission; the lawyer
law for a period of one year to begin on September 1, 1933. must continue to adhere to them or else incur the risk of suspension or removal.

2. In re Gutierrez, A.C. No. 363, July 31, 1962. - murder Dispositive: WHEREFORE, pursuant to Rule 127, Section 5, and considering the nature of the crime
for which respondent Diosdado Q. Gutierrez has been convicted, he is ordered disbarred and his
FACTS: ​Respondent Diosdado Gutierrez is a member of the Philippine Bar. He was convicted of the name stricken from the roll of lawyers.
murder of Filemon Samaco, the former mayor of Calapan. He and his co-conspirators was sentenced
to the penalty of death. Upon review by the SC, judgment of conviction was affirmed but the penalty 3. Cobalt Resources, Inc. v. Aguado, No. 10781, April 12, 2016 - robbery
was changed to reclusion perpetua. After serving a portion of the sentence, responded was granted Complainant: ​Cobalt Resources Inc. (CRI)
a CONDITIONAL PARDON by the President. The unexecuted portion of the prison term was remitted Respondents: ​Atty. Ronald Aguado (Atty. Aguado)
"on condition that he shall not again violate any of the penal laws of the Philippines.
FACTS: ​This is an administrative complaint for disbarment filed by CRI against respondent Atty.
The widow of the deceased Filemon Samaco, victim in the murder case, filed a verified complaint Aguado ​before the Integrated Bar of the Philippines ​(IBP) for violation of Rules 1.01 and 1.02 of the
before this Court praying that respondent be removed from the roll of lawyers pursuant to Rule 127, Code of Professional Responsibility​ and the lawyer's oat​h.
section 5.
CRI alleged that a group of armed men wearing vests bearing the mark "PASG" and pretending to be
agents of the Presidential Anti-Smuggling Group ​(PASG)​, hi-jacked its delivery van which was then
9
loaded with cellular phones worth P1.3 million. Thereafter, they reported the incident to the PNP
Rule 1.01 — A lawyer shall not engage in unlawful, dishonest,
-Criminal Investigation Detection Unit; using GPS tracking device that were installed in the cell
immoral or deceitful conduct.
phones, they were able to tracked down the location - in front of Pegasus Bar QC Ave. A certain
Anthony Palmes (Palmes) was arrested. Atty. Aguado who was then standing in the reception area Rule 1.02 — A lawyer shall not counsel or abet activities aimed
was not arrested as none of the police officers knew, at that time, of his participation in the crime. at defiance of the law or at lessening confidence in the legal system.
There they also found the Toyota fortuner owned by Atty. Aguado, upon searching the vehicle they
It must be emphasized that a membership in the Bar is a privilege laden with conditions,
found the cellular phones, the Identification Card ​(ID) showing Atty. Aguado as Legal Consultant of
and granted only to those who possess the strict intellectual and moral qualifications
the PASG, the Mission Order identifying Atty. Aguado as the Assistant Team Leader, and a vest
required of lawyers as instruments in the effective and efficient administration of justice.
bearing the mark PASG.​|||
As officers of the courts and keepers of the public's faith, lawyers are burdened with the
highest degree of social responsibility and so mandated to behave at all times in a manner
Subsequently, PASG issued a certification that the mission order was fake and that the id of Atty.
consistent with truth and honor. They are expected to maintain not only legal proficiency
Aguado was likewise fake.
but also this high standard of morality, honesty, integrity and fair dealing.

Atty. Aguado has committed acts that showed he was unfit and unable to faithfully discharge his
bounden duties as a member of the legal profession. Because he failed to live up to the exacting
Palmes testified, that it was Atty. Aguado who prepared the fake mission order and masterminded standards demanded of him, he proved himself unworthy of the privilege to practice law. As
the crime and that he only joined the mission, assuming it to be legal, because he relied on the vanguards of our legal system, lawyers, are expected at all times to uphold the integrity and dignity
credibility of Atty. Aguado. of the legal professor and to refrain from any act or omission which might diminish the trust and
confidence reposed by the public in the integrity of the legal profession.
Atty. Aguado and several others were then charged with Robbery and Carnapping. The IBP also
directed Atty. Aguado to submit his answer, but failed to do so. Clearly, Atty. Aguado committed the act complained of as it was established that he was in
possession of a falsified ID showing him as a legal consultant of the PASG and mission order
In his answer, Atyy. Aguado denied the allegations. He said that it was impossible since his fotuner identifying him as the Assistant Team Leader of the anti-smuggling operation. His counsel even
was allegedly carnapped on that same day. and that he was only awakened by his relatives acknowledged that the ID and mission order were found in the Toyota Fortuner owned by Atty.
informing him of his participation in the crime as reported in the front page of several tabloids. Aguado. Further from Palmes, testimony, it can be clearly deduced that Atty. Aguado had
participation in the crime as charged in the complaint, from the planning stage up to its execution.
In its report, the IBP-Commission on Bar Discipline (IBP-CBD) found him liable for unlawful, These falsified documents found in his possession, as certified found in his possession, as certified
dishonest, immoral and deceitful conduct in falsifying ID and mission order showing him as the as evidenced by the PASG, were used to facilitate the commission of the crime. The well-settled rule
Legal Consultant and the Assistant Team Leader, respectively, of the PASG. IBP-CBD recommended is that "in the absence of satisfactory explanation, one found in possession of and who used a forged
for his suspension for 2 years. It, however, deferred the issue of Atty. Aguado's purported document is the forger and therefore guilty of falsification." Atty. Aguado failed to rebut the
participation in the alleged hijacking incident as the issue pertained to a judicial function. allegations. ​|||

WHEREFORE, Atty. Ronald C. Aguado is DISBARRED for gross misconduct and violation of Rules
2 years after from the aforementioned report, the IBP Board of Governors adopted and approved 1.01 and 1.02 of the ​Code of Professional Responsibility​, and his name is ordered STRICKEN OFF
the report of CBD.CIR filed a motion for reconsideration praying that the decision be set-aside, that a the roll of attorneys.
new resolution ordering the disbarment of Atty. Aguado be issued. Atty. Aguado also filed a motion
for reconsideration. He averred that that the criminal case on falsification against him was already
dismissed by the City Prosecutor. That at the very least, the order against him should be suspended 4. Pimentel vs. Llorente, A.C. No. 4680, August 29, 2000 - Election fraud
pending the resolution of the robbery and carnapping charges against him.
COMPLAINANT: Aquino Pimentel, Jr.
IBP however, denied the motions and affirmed its resolution. Hence, this appeal. RESPONDENT: Attys. Antonio Llorente and Ligaya Salayon

ISSUE: ​Whether Atty. Aguado violated the Code of Professional Responsibility and the lawyer’s oath. RELATED RULE: Rule 1.01 of the Code of Professional Responsibility:
(YES) “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.”

RULING: ​The Canon 1 of the ​Code of Professional Responsibility​ (​CPR​) explicitly mandates: ​IAETDc FACTS: ​Respondent Llorente was a member of the Board of Canvassers while Salayon was an
election officer of the COMELEC during the May 1995 elections. Complainant Pimentel, a candidate

10
during said elections, alleged that respondents tampered the votes he received such that the
Statement of Votes (SOVs) and Certificates of Canvass (COCs) pertaining to Pasig City in which other FACTS: Terrell, an attorney was ordered to show cause at the CFI on why he shouldn’t be suspended
senatorial candidates were credited with more votes than what they actually received; where some as a member of the Bar for committing the following acts:
precincts have senatorial candidate Enrile’s votes more than the actual voters in the area; and that 1. He assisted in the organization of the “Centro Bellas Artes” Club, after he has been
some precincts have 18 SOVs recorde twice. The SOVs and COCs pertaining to such misfractions notified that the said organization was made for the purpose of evading the law
were certified and signed by respondents. 2. He acted as an attorney for Centro Bellas
Terrell appeared, and denied the charges. After reading his testimony in another case where he was
Thus, a ​disbarment ​complaint was filed against them for ​gross misconduct and serious breach of charged with Estafa, the CFI ruled that the charges were true and thereupon made an order
trust and violation of the lawyer’s oath in connection with the discharge of their duties. suspending him as a lawyer.
Respondents denied the allegations, claiming that these were results of honest mistake, oversight, ISSUE: ​Was the suspension valid? =YES=
and/or fatigue. RULING: ​The promotion of organizations, with knowledge of their objects, for the purpose of
violating or evading the laws constitute misconduct on the part of an attorney, amounting to
The matter was brought to the Integrated Bar of the Philippines, (pursuant to Rule 139-B Section 13 malpractice or gross misconduct. Giving assistance to a client in a scheme which the attorney knows
and 20) which recommended dismissal of the complaint as well as its motion for reconsideration. to be dishonest, are acts which justify disbarment.
Petitioner Pimentel then filed another petition, this time pursuant to Rule 139-B Section 12(c). With the acts Terrell is charged with in this proceeding, while unprofessional and hence
to be condemned, are not criminal in nature, we are of the opinion that justice will be served by
IBP recommended the dismissal of the petition. It argued that respondents had no actual suspending Terrell from the practice of law for 1 year.
participation in the tabulation of the election returns; that the canvassing was done with several
witnesses, including the political parties and the media, making it unlikely that respondent risked 6. Coronel vs. Cunanan, A.C. No. 6738, August 12, 2015 - Direct registration of inherited land
such acts; and that the acts dealt with in violation of RA 6646 are mala in se and not mala prohibita.
FACTS:
ISSUE: W/N Llorente and Salayon are guilty of misconduct? (YES) Coronel engaged the services Cunanan to transfer to her name and her co-heirs the parcels of land,
which certificates of title are both registered under the name of Complainant's deceased
RULING: ​Respondents are guilty of misconduct; the recommendation is unacceptable. Under Rule grandparents. Cunan advised Coronel that for the registration of one parcel, the transfer may be
1.01 of the Code of Professional Responsibility, “a lawyer shall not engage in unlawful, dishonest, effected by two means namely: first, by way of "ordinary procedure"; and second, by way of "direct
immoral or deceitful conduct.” Now, a lawyer who holds a government position may not be registration". Ordinary procedure involves transfer by way of execution of Deed of Extrajudicial
disciplined as a member of the bar for misconduct in the discharge of his duties as a government Settlement, publication, payment of capital gains tax, etc., and registration with the Register of
official. ​However, if the misconduct also constitutes a violation of the Code of Professional Deeds. Transfer by this means will cost Coronel an estimate of Php56,000.00 with the amount of
Responsibility or the lawyer's oath or is of such character as to affect his qualification as a lawyer or Php50,000.00 more or less to be spent for the payment of taxes. Transfer by this means may take a
shows moral delinquency on his part, such individual may be disciplined as a member of the bar for period of at least five (5) months. Direct registration, on the other hand, involves preparing
such misconduct. documents upon advise of the Register of Deeds and will involve an estimated cost to be negotiated
with the officials or employees of the Register of Deeds to a flat amount of Php50,000.00. Transfer
Here, by certifying as true and correct the SoVs in question, respondents committed a breach of Rule by this means will take only one (1) month or less. As for the transfer of the second parcel of land,
1.01 of the Code which stipulates that a lawyer shall not engage in "unlawful, dishonest, immoral or Respondent advised Complainant of the filing of a petition for issuance of Owner's Duplicate Copy
deceitful conduct." By express provision of Canon 6, this is made applicable to lawyers in the and thereafter, to proceed with the transfer in the same manner as that outlined in the transfer of
government service. In addition, they likewise violated their oath of office as lawyers to "do no the first parcel of land.
falsehood."
Cunanan billed Coronel with the following fees: Php50,000.00 as package deal for the direct transfer
Respondents' participation in the irregularities herein reflects on the legal profession, in general, of title for first parcel of land; another Php50,000 as package deal for the transfer of title for the ;
and on lawyers in government, in particular. Such conduct in the performance of their official duties, Php5,000 for litigation expenses for issuance of duplicate copy of the second parcel of land and
involving no less than the ascertainment of the popular will as expressed through the ballot, would another Php15,000 as professional fees, to which Complainant agreed.
have merited for them suspension were it not for the fact that this is their first administrative
transgression and, in the case of Salayon, after a long public service. Thus, a fine of P10,000 each Coronel paid 70,000. After, Cunanan could not be contacted.
should be sufficient.
Coronel sent to Cunanan an Extra-judicial Settlement Agreement. Complainant had it signed and
sent back to Respondent., Cunanan asked Coronel for the owner’s duplicate copy. He could not be
5. In re Terrell, 2 Phil 266 (1903) - Evasion of the law contacted after.
11
 eventually dismissed by the RTC on July 25, 2007 for lack of cause of action and insufficiency of
Coronel demanded a refund of the 70,000 paid to Cunanan. Cunanan refused, thus a complaint was evidence.
filed against him.
As of August 14, 2007, Diamante already knew of the dismissal of Tan's partition case before the
Issue/s: W/N Atty. Cunan is guilty of violating Canon 1 of the CPR? Yes. (Not explicitly stated, RTC. Despite this fact, he never bothered to inform Tan of such dismissal. To add insult to injury,
but upon a reading of Canon 1 “CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, Diamante was inexcusably negligent in filing the appeal only on September 12, 2007, or way beyond
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL the reglementary period therefor, thus resulting in its outright dismissal.
PROCESSES.” formulation of the issue as such is appropriate.
Diamante attempted to conceal the dismissal of Tan's appeal by fabricating the November 9, 2007
Order which purportedly required a DNA testing to make it appear that Tan's appeal had been given
Ruling: ​A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for due course, when in truth, the same had long been denied. Considering the technical requirements
law and legal processes. He shall not engage in unlawful, dishonest, immoral or deceitful conduct; or for such kind of testing, Tan proceeded to the RTC and requested for an extension of the deadline for
counsel or abet activities aimed at a defiance of the law or at a lessening of confidence in the legal its submission. It was then that he discovered that the November 9, 2007 Order was spurious, as
system. He should advise his client to uphold the law, not to violate or disobey it. Conversely, he certified by the RTC's Clerk of Court. Tan also found out that, contrary to the representations of
should not recommend to his client any recourse or remedy that is contrary to law, public policy, Diamante, his appeal had long been dismissed. Aggrieved, he filed the instant administrative
public order, and public morals. complaint for disbarment against Diamante

ISSUE: ​WON Diamante should be held administratively liable for violating the CPR. ​(YES.
Although the Cunan outlined to Coronel the "ordinary procedure" of an extrajudicial settlement of DISBARRED FOR VIOLATING RULE 1.01, CANON 1, and RULE 18.04, CANON 18)
estate as a means of transferring title, he also proposed the option of "direct registration" despite
being fully aware that such option was actually a shortcut intended to circumvent the law, and thus RULING: ​Under Rule 18.04, Canon 18 of the CPR, it is the lawyer's duty to keep his client constantly
patently contrary to law. The transfer under the latter option would bypass the immediate heirs of updated on the developments of his case as it is crucial in maintaining the latter's confidence. As an
their grandparents (i.e., the complainant's parent and her co-heirs parents), and consequently officer of the court, it is the duty of an attorney to inform his client of whatever important
deprive the Government of the corresponding estate taxes and transfer fees aside from requiring the information he may have acquired affecting his client's case. He should notify his client of any
falsification of the transfer documents. He assured that he could enable the direct transfer with the adverse decision to enable his client to decide whether to seek an appellate review thereof. Keeping
help of his contacts in the Office of the Register of Deeds and other relevant agencies of the the client informed of the developments of the case will minimize misunderstanding and loss of
Government, which meant that he would be bribing some officials and employees of those offices. trust and confidence in the attorney. The lawyer should not leave the client in the dark on how the
The proposal of "direct registration" was unquestionably unlawful, immoral and deceitful all at lawyer is defending the client's interests. In this connection, the lawyer must constantly keep in
once. mind that his actions, omissions, or nonfeasance would be binding upon his client. The client has the
right to expect not just a good amount of professional learning and competence but also a
Cunanan argued that his proposal did not deceive the Coronel because he had informed her on all whole-hearted fealty to the client's cause.
the "steps" to be taken on her behalf. His argument misses the point, which is that he made the
proposal despite its patent illegality in order to take advantage of the complainant's limited legal Diamante failed to exercise such skill, care, and diligence as men of the legal profession commonly
knowledge of the regular procedures for the transfer of title under circumstances of intestacy. In possess and exercise in such matters of professional employment when he did not inform his client
other words, he made her agree to the "direct registration" through deceitful misrepresentation. He of the case’s dismissal and filed an appeal beyond the reglementary period. Worse, Diamante
then ignored the written demands from her, which forced her in the end to finally charge him with attempted to conceal the dismissal of Tan's appeal by fabricating the November 9, 2007 Order
disbarment. He thereby abused his being a lawyer to the hilt in order to cause not only his client but which purportedly required a DNA testing to make it appear that Tan's appeal had been given due
also the public in general to doubt the sincerity of the members of the Law Profession, and course. Diamante clearly violated Rule 1.01, Canon 1 of the CPR, which provides that a lawyer shall
consequently diminish the public's trust and confidence in lawyers in general. not engage in unlawful, dishonest, immoral or deceitful conduct. Diamante’s conduct of employing a
crooked and deceitful scheme to keep complainant in the dark and conceal his case's true status
through the use of a falsified court order evidently constitutes Gross Misconduct and warrants his
7. Tan v. Diamante, A.C. No. 7766, 05 August 2014 (fabrication of court order) disbarment.

FACTS: ​Tan claiming to be a recognized illegitimate son of the late Luis Tan, secured the services of
Diamante in order to pursue a case for partition of property against the heirs of the late spouses 8. Guarin v. Limpin, A.C. No. 10576, January 14, 2015 (false GIS)
Luis and Natividad Valencia-Tan. Diamante filed the complaint before the RTC. The complaint was

12
FACTS: ​*Not so relevant* In 2004, Guarin was hired by Mr. Celso G. de los Angeles as Chief In addition in allowing herself to be swayed by the business practice of having Mr. de los Angeles
Operating Officer and later as President of OneCard Company, Inc., a member of the Legacy Group of appoint the members of the BOD and officers of the corporation despite the rules enunciated in the
Companies. He resigned from his post on August 2008 and transferred to St. Luke's Medical Center Corporation Code with respect to the election of such officers, Atty. Limpin has transgressed Rule
as the Vice President for Finance. 1.02 of the CPR.
Considering the seriousness of Atty. Limpin's action in submitting a false document we see it fit to
On November 2008, Atty. Limpin, the Corporate Secretary of Legacy Card, Inc. (LCI) (another increase the recommended penalty to 6 months suspension from the practice of law.
corporation under the Legacy Group) filed with the SEC a GIS for LCI for "updating purposes". The
GIS identified Guarin as Chairman of the Board of Directors (BOD) and President. Due to allegations 9. Stemmerik vs. Mas, A.C. No. 8010, June 16, 2009.
of anomalous business transactions and practices, on December 2008, LCI applied for voluntary
dissolution with the SEC. FACTS:

Guarin filed this complaint with the Integrated Bar of the Philippines Commission on Bar Discipline Complainant Keld Stemmerik is a citizen and resident of Denmark, and in one of his trips to the
(IBP CBD) claiming that Atty. Limpin violated Canon 1 and Rule 1.01 of the CPR by knowingly listing Philippines, he was introduced to Respondent Atty. Leonuel N. Mas.
him as a stockholder, Chairman of the Board and President of LCI when she knew that he had
already resigned and had never held any share nor was he elected as chairperson of the BOD or In one visit, Stemmerik expressed his interest in acquiring real property in the Philippines. He
been President of LCI. consulted Mas who advised him that he could legally acquire and own real property. Mas suggested
a 86,998 sqm property in Subic, Zambales with the assurance that the property was alienable.
ATTY. LIMPIN’S ARGUMENTS. Atty. Limpin admits she listed Guarin as a stockholder, the Chairman Stemmerik engaged the services of Mas for the preparation of the necessary documents. For this
of the BOD and President of LCI. She argued: that the GIS was provisional to comply with SEC purpose , Mas demanded and received P400,000 fee.
requirements; that the information would have been corrected had it not been for LCI's dissolution
shortly thereafter; that the GIS was made and submitted in good faith; that Guarin knew that he was Mas prepared a contract to sell the property between complainant, represented by Mas, and a
a stockholder; that on October 2008, she texted Guarin asking him to meet with her so he may sign a certain Bonifacio de Mesa, the purported owner of the property. Mas prepared and notarized a deed
Deed of Assignment concerning shareholdings. Guarin agreed but did not show up for reasons of sale in which de Mesa sold and conveyed the property to a certain Ailyn Gonzales for P3.8 million.
unknown to Atty. Limpin. On the strength of Guarin's positive reply, Atty. Limpin filed the GIS.
Stemmerik then gave Mas the full amount of the purchase price (P3.8 million) for which Mas issued
PROCEDURAL. The IBP CBD found that Atty. Limpin violated the CPR and recommended her an acknowledgment receipt.
suspension from the practice of law for 3 months. The IBP Board of Governors adopted in toto the
CBD Report. Atty. Limpin moved for reconsideration but was denied. Stemmerik tried to get in touch with respondent to inquire about when the property could be
registered in his name. However, Mas suddenly became scarce and refused to answer Stemmerik's
ISSUE: ​W/N Atty. Limpin violated the CPR. [YES] Atty. Limpin has violated Canon 1, Rule 1.01 and calls and e-mail messages.
Rule 1.02 of the CPR.
Coming back from Denmark, Stemmerik engaged the services of the Jimenez Gonzales Liwanag Bello
RULING: ​Grounds for such administrative action against a lawyer may be found in Section 27, Rule
Valdez Caluya & Fernandez Law Office to ascertain the status of the property. He was devastated to
138 of the Rules of Court. Among these are (1) the use of any deceit, malpractice, or other gross
learn that aliens could not own land under Philippine laws. Moreover, verification at the Community
misconduct in such office and (2) any violation of the oath which he is required to take before the
Environment & Natural Resources Office (CENRO) in Olongapo City revealed that the property was
admission to practice.
inalienable as it was situated within the former US Military Reservation.

In filing a GIS that contained false information, Atty. Limpin committed an infraction which did not
Stemmerik, through his attorneys-in-fact, exerted diligent efforts to locate Mas for purposes of
conform to her oath as a lawyer in accord with Canon 1 and Rule 1.01 of the CPR. There is no
holding him accountable for his fraudulent acts. Inquiry with the Olongapo Chapter of the Integrated
indication that Guarin held any share to the corporation and that he is therefore ineligible to hold a
Bar of the Philippines (IBP) disclosed that Mas was in arrears in his annual dues and that he had
seat in the BOD and be the president of the company. It is undisputed that Atty. Limpin filed and
already abandoned his law office in Olongapo City.
certified that Guarin was a stockholder of LCI in the GIS. While she posits that she had made the
same in good faith, her certification also contained a stipulation that she made a due verification of
Stemmerik Complainant filed a complaint for disbarment against respondent in the Commission on
the statements contained therein. That Atty. Limpin believed that Guarin would sign a Deed of
Bar Discipline (CBD) of the IBP. He sought the expulsion of Mas from the legal profession for gravely
Assignment is inconsequential: he never signed the instrument. There was also no submission
which would support the allegation that Guarin was in fact a stockholder.

13
misrepresenting that a foreigner could legally acquire land in the Philippines and for maliciously Code of Professional Responsibility (Canon 1)-- A lawyer shall uphold the constitution, obey the
absconding with Stemmerik's P3.8 million. laws of the land and promote respect for law and legal processes.

Mas failed to file his answer and position paper despite service of notice at his last known address. Section 7, Article XII of the Constitution: Save in cases of hereditary succession, no private lands
Neither did he appear in the scheduled mandatory conference. shall be transferred or conveyed except to individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.
ISSUE:
W/N Atty Mas was given notice of the disbarment proceedings against him [YES] W/N Mas shall be Mas, in giving advice that directly contradicted a fundamental constitutional policy, showed
disbarred [YES] disrespect for the Constitution and gross ignorance of basic law. Worse, he prepared spurious
documents that he knew were void and illegal. He falsified public documents and knowingly
RULING: violated the Anti-Dummy Law. He deceived complainant and misled him into parting with P400,000
for services that were both illegal and unprofessional. Moreover, by pocketing and misappropriating
1​st​ Issue: the P3.8 million given by complainant for the purchase of the property, respondent committed a
fraudulent act that was criminal in nature professional standards.
Mas did not file any answer or position paper, nor did he appear during the scheduled mandatory
conference. Mas in fact abandoned his last known address, his law office in Olongapo City, after he For all this, respondent violated not only the lawyer's oath and Canon 1 of the Code of Professional
committed the embezzlement. Responsibility. He also transgressed the following provisions of the Code of Professional
Responsibility:
Mas should not be allowed to benefit from his disappearing act. He can neither defeat this Court's
jurisdiction over him as a member of the bar nor evade administrative liability by the mere ruse of Rule 1.01. — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
concealing his whereabouts. Thus, service of the complaint and other orders and processes on Mas's
office was sufficient notice to him. Since he himself rendered the service of notice on him impossible, Rule 1.02. — A lawyer shall not counsel or abet activities aimed at defiance of the law or at
the notice requirement cannot apply to him and he is thus considered to have waived it. Nemo lessening confidence in the legal system.
tenetur ad impossibile. The law obliges no one to perform an impossibility.
CANON 7 — A lawyer shall at all times uphold the integrity and dignity of the legal profession
Lawyers must update their records with the IBP by informing the IBP National Office or their and support the activities of the integrated bar.
respective chapters of any change in office or residential address
CANON 15 — A lawyer shall observe candor, fairness and loyalty in all his dealings and
2​nd​ Issue: transactions with his client.

Lawyers, as members of a noble profession, have the duty to promote respect for the law and CANON 16 — A lawyer shall hold in trust all moneys and properties of his client that may come
uphold the integrity of the bar. As men and women entrusted with the law, they must ensure that into his possession.
the law functions to protect liberty and not as an instrument of oppression or deception.
A lawyer who resorts to nefarious schemes to circumvent the law and uses his legal knowledge to
Mas committed a serious breach of his oath as a lawyer. He is also guilty of culpable violation of the further his selfish ends to the great prejudice of others, poses a clear and present danger to the rule
Code of Professional Responsibility, the code of ethics of the legal profession. of law and to the legal system. He does not only tarnish the image of the bar and degrade the
integrity and dignity of the legal profession, he also betrays everything that the legal profession
The oath to support the Constitution, to obey the laws and to do no falsehood is neither mere formal stands for.
ceremony nor hollow words. It is a sacred trust that should be upheld and kept inviolable at all
times. It is his kind that give lawyering a bad name and make laymen support Dick the Butcher's call, "Kill
all lawyers!" A disgrace to their professional brethren, they must be purged from the bar.
Lawyers are servants of the law and the law is their master. They should not simply obey the laws,
they should also inspire respect for and obedience thereto by serving as exemplars worthy of WHEREFORE, respondent Atty. Leonuel N. Mas is hereby DISBARRED. The Clerk of Court is directed
emulation. to immediately strike out the name of respondent from the Roll of Attorneys.

14
Mas is hereby ORDERED to return to complainant Keld Stemmerik the total amount of P4.2 million fifty (50) years renewable for another fifty (50) years, and forty-nine (49) years renewable
with interest at 12% per annum from the date of promulgation of this resolution until full payment. for another forty-nine (49) years respectively,​ stipulated in the two lease agreements.
Atty. Hontanosas by drafting the questioned lease agreements, caused his clients to
violate Section 7 of R.A. No. 7652, which penalizes the act of executing a contract with any provision
The National Bureau of Investigation (NBI) is ORDERED to locate Atty. Mas and file the appropriate
in the lease agreement stipulating a lease period in excess of that provided by the law. In preparing
criminal charges against him. and notarizing the illegal lease contracts, he violated the Attorney's Oath and several canons of the
Code of Professional Responsibility. One of the foremost sworn duties of an attorney-at-law is to
"obey the laws of the Philippines".
10. Kupers vs. Hontanosas, 587 SCRA 325 (2009) This duty is enshrined in the Attorney's Oath and in Canon 1, which provides that "(a)
lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and
legal processes". Rule 1.02 under Canon 1 states: "A lawyer shall not counsel or abet activities aimed
FACTS:​This is an administrative case against Atty. Johnson Hontanosa. In the letter-complaint it was
at defiance of the law or at decreasing confidence in the legal systems" Other canons that
alleged that Atty. Hontanosa prepared a contract of lease and memorandum of agreement between
respondent violated – Canon 15: A lawyer shall observe candor fairness and loyalty in all his
Spouses Busse and Hochstrasser, a Swiss national. Under said agreement, Hochstrasser would lease
dealings and transactions with his clients. Rule 15.07: A lawyer shall impress upon his client
Vivian Busse's property in Alcoy, Cebu for fifty (50) years, renewable for another fifty (50) years.
compliance with the laws and the principles of fairness; Canon 17: A lawyer owes fidelity to the
Complainant William Kuppers added that respondent had acted despite conflict of interest on his
cause of his client and he shall be mindful of the trust and confidence reposed in him.
part since the Spouses Busse and Hochstrasser were both his clients.
Aside from constituting violation of the lawyer's oath, the acts of respondents also
Atty. Hontanosas again prepared another lease contract between spouses Busse and Karl
amount to gross misconduct under Section 27, Rule 138 of the Rules of Court. The supreme penalty
Emberger, a Swiss national, over another parcel of land in Alcoy, Cebu. This time the lease contract
of disbarment is meted out only in clear cases of misconduct that seriously affect the standing and
was for a period of forty nine (49) years renewable for another forty nine (49) years. All four (4)
character of the lawyer as an officer of the court. In this case however, the Court finds six (6) months
documents were notarized by respondent. It was also averred that respondent drafted two deeds of
suspension to be a sufficient sanction against respondent with a WARNING that a repetition of the
sale over the leased properties of Spouses Busse to Naomie Melchior, a Filipina, and Karl Novak, a
same or similar act will be dealt with more severely.
German National.
In summary, Kuppers alleged that Hontanosa had prepared and notarized contracts that
are both invalid and illegal as these contracts violated the limitations on aliens leasing private lands;
served conflicting interests since he performed legal services for adverse parties; and failed to Duty to promote the administration of justice
properly discharge his duty to his client Karl Novak, particularly when respondent allegedly refused (c) Duty to discourage unnecessary litigation and settle conflicts
to accept his dismissal as counsel for Novak.
11. Saburnido v. Madrono, A.C. No. 4497, September 26, 2001
In his reply, Kuppers likened Hontanosas to Pontius Pilatus.
FACTS: ​This is an administrative complaint filed by the Sps Saburnido (Venustiano Saburnido -
ARGUMENT OF HONTANOSA: The assailed contracts are valid under Republic Act No. 7652 (R.A. No. member of PNP Misamis Oriental, Rosalia - wife, public school teacher) against Judge Madrono for
7652), entitled "An Act Allowing the Long-Term Lease of Private Lands by Foreign Investors". They disbarment. They alleged that the Judge has been harassing them by filing numerous complaints
add that these contracts should not be viewed purely as lease contracts since they allow the lessor
against them, in addition to committing acts of dishonesty.
to nominate a Filipino citizen or corporation to purchase the subject property within the lease
period.
(Outlined the numerous unnecessary complaints by Madrono)
● Commissioner of the IBP – recommended 2 months suspension in the practice of law;
they found that respondent had prepared and notarized contracts that violated Before this case:
Presidential Decree No. 471 (P.D. No. 471) since leases of private lands by aliens cannot I. Administrative Cases filed by the Spouses against Judge Madrono
exceed twenty five (25) years, renewable for another twenty ve (25) years. A. Grave threats and acts unbecoming a member of the judiciary -- Respondent
● IBP Board of Governors – recommended the case to be dismissed. Suspension was not was found guilty of pointing a high powered firearm at complainant.
warranted since respondent did not really perform an illegal act. The act was not illegal
Respondent was dismissed from service.
per se since the lease agreement was likely made to reflect the agreement among the
parties without considering the legality of the situation. B. Seana Abbu v Judge Madrono -- respondent granted and reduced bail in a
criminal case without prior notice to prosecution. Found guilty.
ISSUE: ​Whether or not Hontanosas should be suspended from the practice of law for violating the C. Sps Saburdino v Judge Madrono -- charged responded, in whose court certain
Attorney’s Oath and Code of Professional Responsibility – YES, he is suspended for 6 months confiscated smuggled goods were deposited, allowed other persons to take the
goods but did not issue memorandum receipts. Found guilty again; which
RULING: ​The Supreme Court rejected the Board’s recommendation. In answering his argument, the resulted to retirement benefits being forfeited.
SC ruled that in assuming that it can be duly established that his foreign clients are indeed "foreign
investors" as contemplated under R.A. No. 7652, said law allows the lease for the original period of
fifty (50) years, renewable for another period of twenty five (25) years, well below the periods of

15
In this case, the Sps Saburdino allege that the respondent has been harassing them by filing deeds from registering the final deed of sale and carrying out the writ of possession. Thus, a
numerous complaints in retaliation, since they had earlier filed administrative cases against him. situation arose where the Manila Court had ordered to be done and the QC court countermanded.
The cases filed by the Judge against the Spouses are: Later on, QC court lifted that injunction and new titles were issued to C&H. However, the
a. Serious irregularity - lent his service firearm to an acquaintance who thereafter extorted enforcement of the writ of possession was stalled again since QC court again issued TRO which it
money from public jeepney drivers later lifted but re-restored, then lifted again. During this period of lifting and restoring, Agos filed
b. Falsification - inserted an entry in the police blotter regarding the loss of firearm with SC a petition for certiorari, but SC found unmeritorious and dismissed, the same procedure
c. Evasion through negligence - took into custody prisoner by final judgment who thereafter happened with C&H. Then, Agos went to CA again on certiorari and CA granted the injunction to
escaped prevent the enforcement from the one-half share of the properties. Thus, this petition to SC by C&H.
d. Violation of Omnibus Code Sad fact: Parties in the case, except Lourdes Ago have been commuting to the SC for more than a
decade. (1955 yung decision tas yung replevin na-institute 1955 pa wew)
Madrono assert the it did not constitute more turpitude hence he may not be disbarred.
ISSUE: ​Whether or not the property is conjugal (YES, but estopped) and therefore whether half of it
ISSUE: ​Whether Madrono should be disbarred for filing numerous complaints against Sps Saburdino should not be included in the judgment in the replevin suit (NO)
for allegedly retaliating against petitioners -- NO
RULING:
RULING:
RE ARGUMENT THAT IT IS CONJUGAL PROPERTY: it is much too late in the day for the Agos to raise
A lawyer may be disciplined for any conduct, in his professional or private capacity, that renders
him unfit to continue to be an officer of the court. His act evinced vindictiveness, a decidedly the question that part of the property is unleviable because it belongs to Lourdes, considering that
undesirable trait whether in a lawyer or another individual, as complainants were instrumental in (1) a wife is normally privy to her husband's activities; (2) the levy was made and the properties
respondent's dismissal from the judiciary. The Court saw in respondent's tenacity in pursuing advertised for auction sale in 1961; (3) she lives in the very properties in question; (4) her husband
several cases against complainants not the persistence of one who has been grievously wronged but had moved to stop the auction sale; (5) the properties were sold at auction in 1963; (6) her husband
the obstinacy of one who is trying to exact revenge. had thrice attempted to obtain a preliminary injunction to restrain the sheriff from enforcing the
writ of execution; (7) the sheriff executed the deed of final sale when Pastor failed to redeem; (8)
Decision of the court: Suspension, instead of disbarment -- While we will not hesitate to remove an
Pastor had impliedly admitted that the conjugal properties could be levied upon by his pleas "to
erring attorney from the esteemed brotherhood of lawyers, where the evidence calls for it, we will
also not disbar him where a lesser penalty will suffice to accomplish the desired end. ​In this case, we save his family house and lot" in his efforts to prevent execution; and (9) it was only on May 2, 1964
find suspension to be a sufficient sanction against the respondent. Suspension, we may add, is not when he and his wife filed the complaint for annulment of the sheriff's sale upon the issue that the
primarily intended as a punishment, but as a means to protect the public and the legal profession. wife's share in the properties cannot be levied upon on the ground that she was not a party to the
logging business and not a party to the replevin suit.
ON ADMINISTRATION OF JUSTICE: Despite the pendency in the trial court of the complaint for the
12. Castaneda v. Ago, G.R. No. 28546, July 30, 1975
annulment of the sheriff's sale, elementary justice demands that the petitioners, long denied the
fruits of their victory in the replevin suit, must now enjoy them, for, the respondents Agos, abetted
FACTS: Venancio Castañeda and Nicetas Henson (C&H for convenience) filed a replevin suit against
by their lawyer Jose M. Luison, have misused legal remedies and prostituted the judicial process to
Pastor Ago in CFI Manila to recover certain machineries. A judgment was rendered in favor of C&H,
thwart the satisfaction of the judgment, to the extended prejudice of the petitioners. The
ordering Ago to return the machinery or pay sums of money. Ago appealed and the SC affirmed the
respondents, with the assistance of counsel, maneuvered for fourteen (14) years to doggedly resist
judgment. After remand, the trial court issued a writ of execution for 172,923 but Ago moved for a
execution of the judgment thru manifold tactics in and from one court to another (5 times in the
stay of execution but his motion was denied. Levy was made on Ago’s house and lots in QC, which
Supreme Court)
the Sheriff advertised for auction sale. Ago moved to stop the auction but failed so he filed a petition
ON ATTY. LUISON: It is the duty of a counsel to advise his client, ordinarily a layman to the
for certiorari with the CA, which was also dismissed and affirmed by the SC. Ago thrice attempted to
intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his
obtain a writ of preliminary injunction to prevent the sheriff from enforcing the writ of execution to
client's cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit,
save his family house and lot but were all denied . The sheriff sold his house and lots to the highest
rather than traverse the incontrovertible. A lawyer must resist the whims and caprices of his client,
bidders, C&H which Ago failed to redeem and so a final deed of sale was made. Upon C&H’s petition,
and temper his clients propensity to litigate. A lawyer's oath to uphold the cause of justice is
CFI issued a writ of possession. Pastor Ago, now joined by wife Lourdes, filed a complaint with the
superior to his duty to his client; its primacy is indisputable.
CFI to annul the sale on the ground that the obligation of Ago upon which judgment was rendered in
Part of the dispositive: Treble costs are assessed against the spouses Pastor Ago and Lourdes Yu
the replevin was a personal obligation and thus Lourdes’ one-half share in the conjugal residential
Ago, which shall be paid by their lawyer, Atty. Jose M. Luison (Research on treble cost in case asked:
house and lows is legally out of reach for satisfaction of judgment. They alleged that Lourdes was
Section 3.Cost when appeal frivolous.​ — Where an action or appeal is found to be frivolous, double
not a party in the replevin suit Lourdes was not a party to her husband's venture in the logging
or treble cost may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so
business which failed and resulted in the replevin suit and which did not benefit the conjugal
ordered by the court (ROC)
partnership. CFI issued an ex parte writ of preliminary injunction to restrain C&H and register of

16
 employment of an attorney; the contract may be express or implied. To establish the relation, it is
13. Dee v. CA, G.R. No. 77439, August 24, 1989 sufficient that the advice and assistance of an attorney is sought and received in any matter
pertinent to his profession. An acceptance of the relation is implied on the part of the attorney from
FACTS: ​Donald Dee and his father went to the residence of Atty. Amelito Mutuc, accompanied by his acting on behalf of his client in pursuance of a request from the latter.
the Atty. Mutuc’s cousin, to seek his advice regarding the problem of the alleged indebtedness of
Dee's brother, Dewey Dee, to Caesar's Palace, a well-known gambling casino at Las Vegas, Nevada, SECOND ISSUE. ​There is no question that professional services were actually rendered by Atty.
U.S.A. Dee's father was apprehensive over the safety of his son, Dewey, having heard of a link Mutuc to Dee. ​Through his efforts, the account of petitioner's brother, Dewey Dee, with
between the mafia and Caesar's Palace and the possibility that his son may be harmed at the Caesars Palace was assumed by Ramon Sy and Dee and his family were further freed from the
instance of the latter. Atty. Mutuc assured them that he would inquire into the matter, after which apprehension that Dewey might be harmed or even killed by the so-called mafia. For such
his services were reportedly contracted for PHP100,000.00. He called up Caesar's Palace and, services, Atty. Mutuc is indubitably entitled to receive a reasonable compensation.​ The
thereafter, several long distance telephone calls and two trips to Las Vegas by him elicited the previous partial payments totalling PHP50,000 made by Dee to Atty. Mutuc and the tenor of the
information that Dewey Dee's outstanding account was around $1,000,000.00. Further demand letters, ineluctably prove three facts: that Dee hired the services of Atty. Mutuc, that there
investigations, however, revealed that said account had actually been incurred by Ramon Sy, with was a prior agreement as to the amount of attorney's fees to be given to the latter, and there was
Dewey Dee merely signing for the chits. He then personally talked with the president of Caesar's still a balance due and payable on said fees.
Palace at Las Vegas, Nevada. He advised the president that for the sake and in the interest of the
casino it would be better to make Ramon Sy answer for the indebtedness. The president told him There is no conflict of interest involved as Atty. Mutuc was simply fulfilling a condition which he had
that if he could convince Ramon Sy to acknowledge the obligation, Dewey Dee would be exculpated proposed to, and was accepted by, Caesar's Palace, for the release of Dewey Dee from his obligation
from liability for the account. Upon his return to Manila, he conferred with Ramon Sy and the latter to Caesar's Palace. Caesar's Palace would not have listened to, and acted upon, the advice of
was convinced to acknowledge the indebtedness. Atty. Mutuc brought to Caesar's Palace the letter of plaintiff-appellee if he were no longer its consultant and alter ego. ​There are many successful
Ramon Sy owning the debt and asking for a discount. Thereafter, the account of Dewey Dee was negotiations between contending parties whose representing lawyers were not and were
cleared and the casino never bothered him. Having thus settled Dewey Dee’s account, Atty. Mutuc never in the employ of the opposite party. The art of negotiation is precisely one of the
sent several demand letters demanding the balance of PHP50,000.00 as attorney's fees but they essential tools of a good practitioner, and mastery of the art takes into account the
were ignored which led him to file a complaint against Dee in the Regional Trial Court of Makati for circumstance that one may be negotiating, among others, with a person who may not only be
the collection of attorney's fees and refund of transport fare and other expenses. He claimed that a complete stranger but antagonistic as well. ​The fact that he was able to secure a favorable
Dee formally engaged his services for a fee of PHP100,000.00 and that the services he rendered concession from Caesar's Palace for Dee does not justify the conclusion that it could have been
were professional services which a lawyer renders to a client. secured only because of Atty. Mutuc's professional relationship with Caesar's Palace. It could have
been attributable more to Atty. Mutuc's stature as a former ambassador of the Philippines to the
ISSUE: ​Was there a attorney-client relationship between Dee and Atty. Mutuc? ​[YES] United States, his personality, and his negotiating technique. Assuming, however, that he was
Is Atty. Mutuc entitled to receive the balance of PHP50,000 as attorney’s fees? ​[YES] ​IMP employed by Caesar's Palace during the time that he was rendering professional services for Dee,
this would not automatically mean the denial of additional attorney's fees to him. The main reason
RULING: ​Dee denied the existence of any professional relationship of attorney and client between why the IAC denied himl compensation was because he was allegedly receiving compensation from
him and Atty. Mutuc. He admits that he and his father visited Atty. Mutuc for advice on the matter of Caesar's Palace, and, therefore, the amount of PHP50,000.00 he had previously received from Dee is
Dewey Dee's gambling account. However, he insists that such visit was merely an informal one and 'reasonable and commensurate.' This conclusion, however, can only be justified if the fact and
that Atty. Mutuc had not been specifically contracted to handle the problem. On the contrary, Atty. amount of remuneration had been established. These were not proven at all. No proof was
Mutuc had allegedly volunteered his services "as a friend of defendant's family" to see what he could presented as to the nature of Atty. Mutuc’s remuneration, and the mode or manner in which it was
do about the situation. As for the PHP50,000.00 given, Dee claims that it was not in the nature of paid.
attorney's fees but merely "pocket money" solicited by the former for his trips to Las Vegas and the
said amount of PHP50,000.00 was already sufficient remuneration for his strictly voluntary Even assuming that the imputed conflict of interests obtained, Atty. Mutuc's role therein was not
services. He also argues that at the time Atty. Mutuc was ostensibly rendering services to them, he ethically or legally indefensible. ​Generally, an attorney is prohibited from representing parties
was actually working "in the interest" and "to the advantage" of Caesar's Palace of which he was an with contending positions. However, at a certain stage of the controversy before it reaches
agent and a consultant, hence the interests of the casino and Atty. Mutuc (as collecting agent) were the court, a lawyer may represent conflicting interests with the consent of the parties. ​A
united in their objective to collect from the debtor. common representation may work to the advantage of said parties since a mutual lawyer, with
honest motivations and impartially cognizant of the parties' disparate positions, may well be better
FIRST ISSUE. ​Dee claims that there was no attorney-client relationship between him and Atty. situated to work out an acceptable settlement of their differences, being free of partisan inclinations
Mutuc for lack of a written contract to that effect. The absence of a written contract will not and acting with the cooperation and confidence of said parties.
preclude the finding that there was a professional relationship which merits attorney's fees for
professional services rendered. Documentary formalism is not an essential element in the
17
A lawyer is entitled to have and receive the just and reasonable compensation for services rendered to prejudice the civil service status of counsel for the accused, he is hereby designated
at the special instance and request of his client and as long as he is honestly and in good faith trying counsel de oficio for the accused. XXX The defense is reminded that at its instance, this case
to serve and represent the interests of his client, the latter is bound to pay his just feeds. has been postponed at least eight (8) times, and that the government witnesses have to come
all the way from Manapala." (Dates of postponement: May 17, 1963, June 13, 1963, June 14,
Duty to serve the needy, defenseless, and oppressed 1963, October 28, 1963, November 27, 1963, February 11, 1964, March 9, 1964, June 8, 1964,
14. Ledesma v. Climaco, G.R. No. 23815, June 28, 1974 July 26, 1964, and September 7, 1964. After which, it was noted in such order that there was
Petitioner: ADELINO H. LEDESMA no incompatibility between the duty of LEDESMA to the accused and to the court and the
Respondent: HON. RAFAEL C. CLIMACO, Presiding Judge of the CFI Negros Occidental performance of his task as an election registrar of the Commission on Elections and that the
ends of justice "would be served by allowing and requiring Mr. Ledesma to continue as
FACTS: ​Petitioner LEDESMA was counsel de parte (private counsel) for one of the accused in a counsel de oficio, since the prosecution has already rested its case.” What is readily apparent
criminal case pending in the sala of respondent Judge CLIMACO. (The proceedings for the criminal therefore, is that LEDESMA was less than duly mindful of his obligation as counsel de oficio.
case commenced on 11 July ​1962 in the municipal court.) On ​13 October 1964​, LEDESMA accepted He ought to have known that membership in the bar is a privilege burdened with conditions.
his appointment by the COMELEC to the position of Election Registrar for the Municipality of Cadiz, Xxx
Negros Occidental. Then and there, he commenced to discharge its duties. As such, LEDESMA filed a 2. JURISPRUDENCE CITED BY THE SC:
motion to ​withdraw as private counsel in the said case. However, not only did Judge CLIMACO ● PEOPLE V. DABAN: ​"There is need anew in this disciplinary proceeding to ​lay stress on the
deny such motion, but he also appointed LEDESMA as ​counsel de oficio for the two defendants. fundamental postulate that membership in the bar carries with it a responsibility to live up to
Subsequently, LEDESMA filed an urgent motion to be allowed to ​withdraw as counsel de oficio on its exacting standard. The law is a profession, not a trade or a craft. ​Those enrolled in its
3 November 1964, premised on the policy of the COMELEC to require full time service as well as on ranks are called upon to aid in the performance of one of the basic purposes of the State, the
the volume or pressure of work of LEDESMA, which could prevent him from handling adequately administration of justice. ​To avoid any frustration thereof, especially in the case of an indigent
the defense. Judge CLIMACO denied said motion in the challenged order dated 6 November 1964. defendant, a lawyer may be required to act as counsel de oficio. ​The fact that his services are
LEDESMA’s motion for reconsideration proved futile. Hence, he instituted this certiorari proceeding. rendered without remuneration should not occasion a diminution in his zeal. Rather the
contrary. This is not, of course, to ignore that other pressing matters do compete for his
ISSUE: ​W/N respondent Judge CLIMACO committed grave abuse of discretion in issuing the order attention. After all, he has his practice to attend to. That circumstance possesses, high degree
which denied LEDESMA’s motion to withdraw as counsel de oficio ​[NO] ​W/N LEDESMA should be of relevance since a lawyer has to live; certainly he cannot afford either to neglect his paying
allowed to withdraw as counsel de oficio in a criminal case [considering that he is now a public cases.​ Nonetheless, what is incumbent upon him as counsel de oficio must be fulfilled.”
officer/the Election Registrar) ​[NO] ● IN RE ROBLES LAHESA (1905)​: "This Court s​hould exact from its officers and subordinates
the most scrupulous performance of their official duties, ​especially when negligence in the
RULING: [Yung INTRO ng original case may summary na ng ruling pero yung detailed nasa performance of those duties necessarily results in delays in the prosecution of criminal cases .
baba] ​1 One of the grounds for such a motion was LEDESMA’s allegation that with his appointment ..
as Election Registrar by the COMELEC, he was not in a position to devote full time to the defense of ● PEOPLE V ESTEBIA:​ "It is true that he is a court- appointed counsel. But we do say that a​s
the two accused. The denial by respondent Judge CLIMACO of such a plea, notwithstanding the such counsel de oficio, he has as high a duty to the accused as one employed and paid
conformity of the defendants, was due "its principal effect [being] to delay this case.” 2 It was by defendant himself. Because, as in the case of the latter, he must exercise his best efforts
likewise noted that the prosecution had already rested and that LEDESMA was previously counsel and professional ability in behalf of the person assigned to his care. He is to render effective
de parte, his designation in the former category being precisely to protect him in his new position assistance. The accused-defendant expects of him due diligence, not mere perfunctory
without prejudicing the accused. It cannot be plausibly asserted that such failure to allow representation. . . . For, indeed a lawyer who is a vanguard in the bastion of justice is expected
withdrawal of de oficio counsel could ordinarily be characterized as a grave abuse of discretion to have a bigger dose of social conscience and a little less of self-interest."
correctible by certiorari. There is, however, the overriding concern for the right to counsel of the 3. If respondent Judge were required to answer the petition, it was only due to the
accused that must be taken seriously into consideration. In appropriate cases, it should tilt the apprehension that considering the frame of mind of a counsel loath and reluctant to fulfill his
balance. This is not one of them. What is easily discernible was the obvious reluctance of petitioner obligation, the welfare of the accused could be prejudiced. His right to counsel could in effect
to comply with the responsibilities incumbent on the counsel de oficio. Then, too, even on the be rendered nugatory. XXX It is for this reason that the right to be assisted by counsel is
assumption that he continues in his position, his volume of work is likely to be very much less at deemed so important that it has become a constitutional right and it is so implemented that
present. There is not now the slightest pretext for him to shirk an obligation a member of the bar, under our rules of procedure it is not enough for the Court to apprise an accused of his right
who expects to remain in good standing, should fulfill. The petition is clearly without merit. to have an attorney, it is not enough to ask him whether he desires the aid of an attorney, but
it is essential that the court should assign one de oficio for him if he so desires and he is poor
RULING (DETAILED) or grant him a reasonable time to procure an attorney of his own.” XXX Thus is made manifest
1. When counsel for the accused assumed office as Election Registrar on October 13, 1964, he the indispensable role of a member of the Bar in the defense of an accused. Such a
knew since October 2, 1964 that the trial would be resumed today.. Nevertheless, in order not consideration could have sufficed for LEDESMA not being allowed to withdraw as counsel de
18
 oficio. For he did betray by his moves his lack of enthusiasm for the task entrusted to him, to clothes. Appellant inserted his penis into the vagina of complainant. Her private organ
put matters mildly. He did point though to his responsibility as an election registrar. bled and she felt something slippery come out of her organ
Assuming his good faith, no such excuse could be availed now. There is not likely at present, ● Complainant narrated to her employer Marites Eugenio that she was raped by her own
and in the immediate future, an exorbitant demand on his time. It may likewise be assumed, father. Eugenio accompanied complainant to the Paulino J. Garcia Memorial Research and
considering what has been set forth above, that LEDESMA would exert himself sufficiently to Medical Center, where she was examined by Dr. Ma. Lorraine de Guzman at about 2:20
perform his task as defense counsel with competence, if not with zeal, if only to erase doubts p.m. of February 28, 1997. Dr. de Guzman examined complainant and found in her organ,
as to his fitness to remain a member of the profession in good standing. The admonition is 'multiple old healed laceration at 3, 5, 6, and 9 o'clock.' The 'vaginal opening admits 1, 2
ever timely for those enrolled in the ranks of legal practitioners that there are times, and this fingers easily'."
is one of them, when duty to court and to client takes precedence over the promptings of
self-interest. Version of the defense
● One night sometime in October 1996, the accused-appellant got so drunk that he was not
15. People v. Sta. Teresa, G.R. No. 130663, March 20, 2001 conscious of what he was doing. He did not recognize who he was with. Out of instinct, he
made advances to make love with the person he was with who happened to be his
FACTS: ​This is a case for automatic review by the SC finding Angeles Sta. Teresa guilty beyond daughter. The complainant freely and voluntarily consented. She was over twelve (12)
reasonable doubt of raping his 12-year old daughter and imposing upon him the supreme penalty of years old at that time.
death.
RTC : The trial court, after evaluating the prosecution evidence and considering appellant's
Upon complaint filed by his daughter Lorna Sta. Teresa, appellant Angeles was charged with rape. admission of the crime, convicted him of rape and sentenced him to death.

When arraigned on May 7, 1997, appellant with the assistance of his counsel de oficio 4 pleaded "not Appellant: The 'plea of guilty' made by the accused-appellant was qualified and conditional. Thus,
guilty." 5 But after the prosecution presented its witnesses — Dr. Maria Lorraine De Guzman, the court a quo gravely erred in not entering a plea of not guilty for the accused-appellant and in not
medico-legal officer, and the rape victim — appellant, on May 16, 1997, withdrew his plea of "not affording the latter the opportunity to adduce controverting evidence in blatant violation of his right
guilty" and changed it to a plea of "guilty." 6 He said that he "had no intention to commit such act at to due process.
the time but because I was drunk, I was not on my right mind . . ." He then asked that he be
pardoned for his deed. ISSUE: ​W/N the stringent constitutional standards impelled by due process have not been complied
with thus necessitating the remand of the case for further proceedings.
[Impt] After such manifestation, the prosecution decided to dispense with the presentation of other
testimonial evidence and formally offered their exhibits to the trial court. When asked for comment RULING: ​The imposition of the death penalty obligates this Court to review closely the judgment of
by the trial court, appellant's counsel de oficio responded, "[c]onsidering that the accused openly conviction, not only on whether appellant committed the crime of rape against his own minor
admits his guilt, I am NOT anymore in a position to oppose the said formal offer of exhibits." daughter, but also whether his constitutional rights have been duly observed and protected before
and during his trial.
The trial court then admitted all the documentary exhibits offered by the prosecution without any
comment and/or objection from the defense counsel. It granted the motion of appellant to change According to the Rules of Criminal Procedure, the trial court must, if the accused pleads guilty to a
his plea to one of guilt. Thereafter, it re-read to the accused the complaint filed against him, capital offense, first, ​conduct a searching inquiry into the voluntariness of the plea and the accused's
interpreted it and explained it in a language which he understood — all these with the assistance of full comprehension of the consequences thereof​; second, require the prosecution to present
his counsel de oficio. evidence to prove the guilt of the accused and the precise degree of his culpability; and third, ask the
accused if he desires to present evidence on his behalf and allow him to do so if he desires.
The trial court then called appellant to the witness stand. There, he testified how the rape occurred.
After testifying, he asked for pardon and, if not forthcoming, then leniency because he was not in his The trial court asserts that it has conducted a searching inquiry into the voluntariness of his plea of
right mind and senses when the rape incident occurred. "guilty." WE ARE NOT PERSUADED.

Facts for the prosecution A searching inquiry occurs when the plea of guilt is based on a free and informed judgment, focusing
● One night in October 1996, appellant brought complainant, her [sic] daughter, in a hut on the voluntariness of the plea and the full comprehension of the consequences.
belonging to his cousin in Barangay Soledad, Sta. Rosa, Nueva Ecija. While she was
sleeping, she was awakened when she felt that someone was removing her short pants As shown in the records of the case, the trial court, after a brief exchange of remarks with
and panties. She saw appellant. When he had disrobed her, appellant also removed his appellant's counsel de oficio, and finally with appellant himself, issued the following Order dated
May 16, 1997.We hold that the abbreviated and aborted presentation of the prosecution evidence
19
and appellant's improvident plea of guilty, with the scanty and lackluster performance of his counsel his brief in this case by the receipt of the resolution from the Court of Appeals granting him such
de oficio, are just too exiguous to accept as being the standard constitutional due process at work extension.​|||
enough to snuff out the life of a human being.
ISSUE: Whether Atty. Barrios failed to serve his legal duty in the Ingco case. (YES)

The standard is set in the case of People v. Bermas

RULING: ​Clearly, it is a lame excuse that respondent did offer. By his own confession, he was
● The right to counsel must be more than just the presence of a lawyer in the courtroom or
woefully negligent. Considering that the accused is fighting for his life, the least that could be
the mere propounding of standard questions and objections. The right to counsel means
expected of a counsel ​de oficio is awareness of the period within which he was required to file
that the accused is amply accorded legal assistance extended by a counsel who commits
appellant's brief. The mere fact that according to him his practice vas extensive, requiring his
himself to the cause for the defense and acts accordingly. The right assumes an active
appearance in courts in Manila and environs as well as the provinces of Bulacan and Pampanga,
involvement by the lawyer in the proceedings, particularly at the trial of the case, his
should not have lessened that degree of care necessary for the fulfillment of his responsibility. What
bearing constantly in mind of the basic rights of the accused, his being well-versed on the
is worse is that by sheer inattention, he would confuse the proceedings in a matter pending before
case, and his knowing the fundamental procedures, essential laws and existing
the Court of Appeals with this present case. Such grave neglect of duty is deserving of severe
jurisprudence. The right of an accused to counsel finds substance in the performance by
condemnation. It is clearly unworthy of membership in the Bar which requires dedication and zeal
the lawyer of his sworn duty of fidelity to his client. Tersely put, it means an efficient and
in the defense of his client's rights, a duty even more exacting when one is counsel ​de oficio.​ On such
truly decisive legal assistance and not a simple perfunctory representation.
an occasion, the honor and respect to which the legal profession is entitled demand the strictest
Considering the gravity of the offense charged and the finality of the penalty, we find Atty. Adriano's
accountability of one called upon to defend an impoverished litigant. He who fails in his obligation
performance as counsel de oficio ​utterly wanting​. As a lawyer sworn to uphold justice and the law,
then has manifested a diminished capacity to be enrolled in its ranks.
he had the bounden duty to exert utmost efforts to defend his client and protect his rights, no matter
how guilty or evil he appears to be. This duty becomes more compelling if his client is accused of a WHEREFORE, respondent Alfredo R. Barrios is severely reprimanded, this reprimand to be
grave crime and is in danger of forfeiting his life if he is convicted. entered in his record.

To buttress the lack of zeal shown in defending appellant, Atty. Adriano failed to appear during the
promulgation of the assailed RTC Decision. In fact, the trial judge appointed another counsel de
oficio, Atty. Bayani Dalangin, for the purpose of promulgating the aforesaid Decision.

As the proceedings in the court a quo failed to observe the exacting standards of constitutional due
process, we have no other choice but to REMAND the case to the court a quo for further and
appropriate proceedings conformably with what we have heretofore expressed. The other assigned
errors committed by the Court a quo will no longer be addressed because of the order of remand.

16. People vs. Ingco, 42 SCRA 170 (1971)

Plaintiff: ​People of the Philippines
Respondent: ​Alfredo R. Barrios (Atty. Barrios)

FACTS: ​Atty. Barrios was appointed counsel ​de oficio for the Gaudencio Ingco (Ingco) who was
sentenced to death for the crime of rape with homicide. Atty. Barrios was required by SC resolution
to show why disciplinary action should not be taken against him for ​having filed fifteen days late a
motion for the extension of time for submitting the brief for appellant Ingco.​

Atty. Barrios stated that he was then busy with take preparation of the brief of one Benjamin
Apelo pending in the Court of Appeals; that while he had made studies in preparation for the brief
in Ingco’s case, during such period he had to appear before courts in Manila, Quezon City, Pasay
City, Bulacan and Pampanga; and that likewise he did file motions for the case of Apelo, which
was granted. He would impress on this Court then that he was misled into assuming that he had
also likewise taken the necessary steps to file a motion for extension of time for the submission of

20