Soliman M. Santos, Jr. vs. Atty. Francisco R. Llamas (379 Phil. 569) A.C No. 4749. January 20, 2000 FACTS Soliman M. Santos, Jr., a fellow attorney, filed a letter-complaint with the Supreme Court on Feb 8, 1997, against Atty. Francisco R. Llamas for misrepresentation and non-payment of bar membership dues. Santos noted repeated use of the receipt number “IBP Rizal 259060” by Llamas from 1995 to 1997 without proper indication of required PTR and IBP OR numbers. Sample pleadings from various years and courts were provided to substantiate the allegations. On March 18, 1997, the President of the Integrated Bar of the Philippines (IBP), Atty. Ida R. Macalinao-Javier certified that Llamas’s last payment of dues was in 1991. On July 7, 1997, the Court demanded a response from Llamas and later referred the case to the IBP for further investigation. In his memorandum dated June 3, 1998, Llamas argued he mistakenly believed his limited practice and senior citizenship exempted him from paying...

Bonifacio vs. Era and Bragas AC No. 11754, October 3, 2017 FACTS This case originates from an administrative complaint filed by Joaquin G. Bonifacio against Attys. Edgardo O. Era and Diane Karen B. Bragas for violating the Code of Professional Responsibility (CPR). The dispute stemmed from an illegal dismissal case lodged against Bonifacio and his company, Solid Engine Rebuilders Corporation, which was won by the complainants (Abucejo Group) represented by Era and Associates Law Office. Upon losing in the Supreme Court and a Writ of Execution being issued to enforce the judgment, two alias writs were subsequently issued directing collection of the judgment award plus interest and attorney’s fees. In 2013, the Supreme Court found Atty. Era guilty of violating Code of Professional Responsibility rules and suspended him from the practice of law for two years. Despite this suspension, Atty. Era actively participated in executing the alias writ, attended the public auction as the represe...

Ciocon vs Judge Lumbao, AM No. OCA IPI No. 09-3210, 2021 FACTS Ciocon-Reer and others filed an administrative complaint against Judge Lubao, accusing him of gross ignorance of the law, incompetence, inefficiency, and various violations including dishonesty and misconduct. Defendants did not submit their memorandum by the expected deadline of November 6, 2008. Plaintiffs submitted their memorandum on November 10, 2008. Without receiving the registry return card, Judge Lubao sought confirmation of receipt from the Post Office in December 2008, but received no reply. On May 20, 2009, Judge Lubao gave defendants one last chance to submit their memorandum within 30 days and directed plaintiffs to assist in delivery, but the plaintiffs failed, leading to another registered mail delivery on June 17, 2009. The OCA was able to establish the pattern in Karaans unauthorized practice of law. He would require the parties to execute a special power of attorney in his favor to allow him to join ...

MAURICIO C. ULEP VS. THE LEGAL CLINIC, INC Bar Matter No. 553. June 17, 1993 FACTS Petitioner prays this Court “to order the respondent to cease and desist from issuing advertisements similar to or of the same tenor as that of Annexes ‘A’ and ‘B’ (of said petition) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those allowed by law.”  It is the submission of petitioner that the advertisements [above] reproduced are champertous, unethical, demeaning of the law profession, and destructive of the confidence of the community in the integrity of the members of the bar and that, as a member of the legal profession, he is ashamed and offended by the said advertisements, hence the reliefs sought in his petition as hereinbefore quoted. In its answer to the petition, respondent admits the fact of publication of said advertisements at its instance, but claims that it is not engaged in the practice of la...

Re: Elmo Abad Bar Matter No. 139, March 28, 1983 FACTS The case emerged when Atty. Procopio S. Beltran, Jr., representing the Philippine Trial Lawyers Association, Inc., accused Mr. Elmo S. Abad of practicing law without the official admission to the Philippine Bar. On July 23, 1979, Elmo S. Abad, having passed the 1978 Bar Exam, proceeded to fulfill certain prerequisites believed to be leading to his official induction into the Philippine Bar. This included paying the Bar Admission Fee, Certification Fee, and Membership Dues for the Integrated Bar of the Philippines. Abad was scheduled for his oath-taking on July 26, 1979. However, this was unexpectedly suspended when Chief Justice Enrique M. Fernando required his response to an unrelated complaint, delaying his formal admission. Between 1979 and 1981, under the impression of being a bar member in good standing despite not having taken the official oath nor signed the Roll of Attorneys, Abad participated in legal practice. He cont...

Jovito Olazo v. Justice Tinga,  A.M. No. 10-5-7-SC, December 7, 2010 FACTS This is a disbarment case against retired Supreme Court Associate Justice Dante O. Tinga (respondent) filed by Mr. Jovito S. Olazo (complainant). The respondent is charged of violating Rule 6.02, Rule 6.03 and Rule 1.01 of the Code of Professional Responsibility for representing conflicting interests. The First Charge: Violation of Rule 6.02 In the complaint, the complainant claimed that the respondent abused his position as Congressman and as a member of the Committee on Awards when he unduly interfered with the complainant’s sales application because of his personal interest over the subject land. The Second Charge: Violation of Rule 6.03 The second charge involves another parcel of land within the proclaimed areas belonging to Manuel Olazo, the complainant’s brother. The complainant alleged that the respondent persuaded Miguel Olazo to direct Manuel to convey his rights over the land to Joseph Jeffre...

OCA v. Ladaga,  AC P-99-1287, January 26, 2001 FACTS On August 31, 1998, respondent Atty. Misael Ladaga Branch Clerk of Court of the RTC of Makati, Branch 133, requested the Court Administrator, Justice Alfredo L. Benipayo, for authority to appear as pro bono counsel of his cousin, Narcisa Naldoza Ladaga, in a Criminal Case for Falsification of Public Document before the MTC of Quezon City, Branch 40. Pending his request, Lisa Payoyo Andres, the private complainant of the criminal case sent a letter to the Court Administrator requesting for a certification with regards to Atty. Ladaga's authority to appear as counsel for the accused. On September 14, 1998, Atty. Ladaga admitted before the OCA that he had appeared in said criminal case without prior authorization. He reasoned out that his appearance in the criminal case did not prejudice his office nor the interest of the public since he did not take advantage of his position and that his appearances in court were covered by leav...

Lawyal (@lawyalstudent)

New Code of Judicial Conduct for the Philippine Judiciary A.M. No. 03-05-01-SC CANON 1 Independence Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects. SECTION 1. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason. SECTION 2. In performing judicial duties, Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently. SECTION 3. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. SECTION 4. Judges shall not...