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CANON 8:
FACTS:
Atty. Manuel Fernandez filed a motion to annul the 2
orders dated June 16 and 23 1958
1st order reprimand petitioner for his improper conduct as
counsel in special proceedings guardianship of minor Federico and
Pedro both surnamed pereyras, timotea pereyras, petitioner-guardian
and order him to return to the guardian within 15 days the sum of
P200 collected by him.
2nd order denies petioners motion for reconsideration and
warns him not to use improper terms in his pleadings
The circumstances leading to the issuance of the above orders based
on the lower court findings, petitioner that is guilty of contempt of
court on 2 grounds:
1st he instituted guardianship proceedings for the sole
purpose of facilitating payment to him of the debts of the
wards. Before the guardianship proceedings were instituted,
the wards were indebted in the sum of 200 and the only way
to settle it is by selling the nipa land. The petitioner believed
that it was the proper remedy.
2nd the lower court also reprimand and order for the refund
of 200 and the closing of the guardianship proceedings.
Respondent judge justified his order for the return of 200 on
the ground that petitioner is below average standard of a
lawyer.
3. ENRIQUE
GONZALEZ,
A.
ZALDIVAR vs.
20
SCRA
RAUL
M.
316
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