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People vs Villanueva

Dia-Anonuevo vs Bercasio Canon 3 (Rule 3.03)


De Guzman vs Visayan Rapid Transit Co. Canon 20 (Rule 20.01)
Cayetano vs Monsod
In Re: Edillion - Canon 7
Tejan vs Cusi, Jr.
Alcala vs De Vera - Canon 18 (Rule 18.04)
Catimbuhan vs Cruz, Jr.
Hydro Resources Contractors Corp. vs Pagalilauan
Ramos vs Rada Canon 1
Beltran vs Eliao Abad Canon 9 (Rule9.01)
Bacarro vs Pinataca
Diao vs Martinez Canon 7 (Rule 7.01), Canon 10 (Rule 10.01)
In Re: Argosino 7.02
Collantes vs Renomeron Canon 6, Rule 6.02

LAWYERS DUTIES TO SOCIETY


Montecillo vs Gica Rule 8.01, Rule 11.03
In Re: Gutierrez Rule 1.01
Orence vs CA 1.02
De Ysasi vs NLRC 1.04
Pajares vs Abad Santos Rule 1.04, Canon 12
People vs Rosqueta Canon 11
De Roy vs CA Canon 5
Far Eastern Shipping Co. vs CA Rule 6.01
Jose vs Gonzalo Garcia - Rule 6.01

People vs Pineda Canon 6


People vs Madera Canon 6
People vs Sendaydiego Canon 6
Misamin vs San Juan Rule 6.02
PCCG vs Sandiganbayan and Mendoza Rule 6.03

LAWYERS DUTIES TO THE COURT


City Sheriff of Ilagan City vs Fortunato Canon 12
Occena vs Marquez Rule 10.01, Rule 20.02
Chavez vs Viola Rule 10.01
Chan Kian vs Angsin Canon 10
Casals vs Cusi Rule 12.02
COMELEC vs NOY Canon 10, Rule 10.02

1. People vs Villanueva

-Strictly speaking, the word practice of law implies the customary or habitual
holding of oneself to the public as a lawyer and demanding compensation for his
legal services.
-Practice is more than an isolated appearance, for it consists in frequent or
customary actions, a succession of acts of the same kind. In other words, it is
frequent habitual exercise.
-Practice of law to fail within the prohibition of statute has been interpreted as
customarily or habitually holding ones self out to the public, as a lawyer and
demanding payment for such services.
2. Dia-Anonuevo vs Bercasio Rule 3.03
-Rule 3.03 Where a partner accepts public office, he shall withdraw from the firm
and his name shall be dropped from the firm name unless the law allows him to
practice.
-A judge is among the public officers who is not allowed to practice law.
3. De Guzman vs Visayan Rapid Transit Co. Rule 20.01
-There will be a combination of factors that must be considered such as those
enumerated in Rule 20.01 of the code of Professional Responsibility. Other matters
like the financial ability of the client may also be considered.
4. Cayetano vs Monsod
5. In Re: Edillion - Canon 7
-Canon 7 A lawyer shall at all times uphold the integrity and dignity of the legal
profession, and support the activities of the integrated bar.
-He is therefore expected to be concerned even with matters like payment of his
membership dues and special assessments in the Integrated Bar of the Philippines.
-Relative to the issue of the power/or jurisdiction of the Supreme Court to strike the
name of a lawyer from its Roll of Attorneys, it is sufficient to state that the matters
of admission, suspension, disbarment and reinstatement of lawyers and their
regulation and supervision have been and are undisputably recognized as inherent
judicial functions and responsibilities, and the authorities holding such are legion.
6. Tejan vs Cusi, Jr.
7. Alcala vs De Vera - Rule 18.04
-Rule 18.04 A lawyer shall keep the client informed of the status of his case and
shall respond within a reasonable time to the clients request for information.

-Held: In failing to inform his clients of the decision in the civil case handled by him,
the lawyer failed to exercise such skill, care and diligence as men of the legal
profession commonly possess and exercise in such matters and professional
employment. The relationship of lawyer-client being one of confidence, there is ever
present the need for the clients being adequately and fully informed and should not
be left in the dark as to the mode and manner in which his interests are being
defended. It is only thus that their faith in counsel may remain unimpaired.
8. Catimbuhan vs Cruz, Jr.
9. Hydro Resources Contractors Corp. vs Pagalilauan 10. Ramos vs Rada Canon 1
-Canon 1 A lawyer shall uphold the Constitution, obey the laws of the land and
promote respect for law and legal processes.
11. Beltran vs Eliao Abad Rule9.01
-Rule 9.01 A lawyer shall not delegate to any unqualified person the performance
of any task which by law may only be performed by a member of the Bar in good
standing.
-Held: Atty. Ruben Jacobe is required to explain within ten (10) days from notice why
he should not be disciplined for collaborating and associating in the practice of the
law with the respondent who is not a member of the bar.
12. Bacarro vs Pinataca
13. Diao vs Martinez Rule 7.01, Rule 10.01
-Rule 7.01 A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the
bar.
-Held: The name of Telesforo A. Diao was stricken of the Roll of Attorneys for false
pretense on his educational attainment. He misrepresented that he finished
Associate in Arts Degree when the truth is he had no such degree. The fact that he
hurdled the Bar Examination is immaterial. Passing such examination is not the only
qualification to become an attorney-at-law; taking the prescribed courses of legal
study in the regular manner is equally essential.
-Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in
court; nor shall he mislead or allow the court to be misled by any artifice.
14. In Re: Argosino Rule 7.02

-Rule 7.02 A lawyer shall not support the application for admission to the bar of any
person known by him to be unqualified in respect to character, education, or other
relevant attribute.
-The practice of law is a privilege granted only to those who possess the strict,
intellectual, and moral qualifications required of lawyers who are instruments in the
effective and efficient administration of justice.
15. Collantes vs Renomeron Canon 6, Rule 6.02
-Canon 6 These canons shall apply to lawyers in government service in the
discharge of their official tasks.
-Rule 6.02 A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his
public duties.
-Generelly, a lawyer who holds a government office may not be disciplined as a
member of the Bar for misconduct in the discharge of his duties as a government
official. However, if the misconduct of a govt official is of such a character as to
affect his qualifications as a lawyer or to show moral delinquency, then he may be
disciplined as a member of the Bar upon such ground.

LAWYERS DUTIES TO SOCIETY


1. Montecillo vs Gica Rule 1.02, Rule 8.01, Rule 11.03
-Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law
or at lessening confidence in the legal system.
-Atty. Del Mar, by his contemptuous acts is in violation of his duties to the courts. As
an officer of the court, it is his sworn and moral duty to help build and not destroy
unnecessarily the high esteem and regard towards the court so essential to the
proper administration of justice.
-Rule 8.01 A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
-A lawyer who uses intemperate, abusive, abrasive or threatening language betrays
disrespect to the court, disgraces the Bar and invites the exercise by the court of its
disciplinary power.
-Rule 11.03 A lawyer shall abstain from scandalous, offensive or menacing
language or behavior before the courts.
2. In Re: Gutierrez Rule 1.01

-Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral and deceitful
conduct.
3. Orence vs CA Rule 1.02
-Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law
or at lessening confidence in the legal system.
-Atty. Flaminianos acts of entering the property, aiding his wife, without the consent
of its occupants and in contravention of the existing writ of preliminary injunction
and making utterances showing disrespect for the law and this Court, are
unbecoming of a member of the Bar.
4. De Ysasi vs NLRC Rule 1.04
-Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle a controversy
if it will admit a fair settlement.
-The lawyers for both camps failed to exert all reasonable efforts to smooth over
legal conflicts, preferably out of court and especially in consideration of the direct
and immediate consanguineous ties between their clients especially considering
that the parties involved are father and son.
5. Pajares vs Abad Santos Rule 1.04, Canon 12
-Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle a controversy
if it will admit a fair settlement.
-Had appellant been but prudently advised by her counsel to confess judgment and
ask from her creditor the reasonable time she needed to discharge her lawful
indebtedness, the expenses of litigation that she has incurred would have been
more than sufficient to pay of her just debt to appelle.
6. People vs Rosqueta Canon 1
-Canon 1 A lawyer shall uphold the Constitution, obey the laws of the land and
promote respect for law and legal processes.
-Atty. Estacio should be aware that in the pursuance of the duty owed this Court as
well as to the client, he cannot be too casual and unconcerned about the filing of
pleadings. It is not enough that he prepares them; he must see to it that they are
duly mail. Such inattention as shown in this case is inexcusable.
7. De Roy vs CA Canon 5
-Canon 5 A lawyer shall keep abreast of legal developments, participate in
continuing legal education programs, support efforts to achieve high standards in

law schools as well as in the practical training of law students and assist in
disseminating information regarding the law and jurisprudence.
8. Far Eastern Shipping Co. vs CA Rule 6.01
-Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that ustice is done. The suppression of facts or the concealment
of witnesses capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
9. Jose vs Gonzalo Garcia - Rule 6.01
-Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that ustice is done. The suppression of facts or the concealment
of witnesses capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
10. People vs Pineda Rule 6.01
-Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment
of witnesses capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
11. People vs Madera Rule 6.01
-Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment
of witnesses capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
12. People vs Sendaydiego Rule 6.01
-Rule 6.01 The primary duty of a lawyer engaged in public prosecution is not to
convict but to see that justice is done. The suppression of facts or the concealment
of witnesses capable of establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action.
13. Misamin vs San Juan Rule 6.02
-Rule 6.02 A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to interfere with his
public duties.
14. PCCG vs Sandiganbayan and Mendoza Rule 6.03

-Rule 6.03 A lawyer shall not, after leaving government service, accept
engagement or employment in connection with any matter in which he had
intervened while in said service.
-The evils sought to be remedied by the Rule do not exist where the government
lawyer does an act which can be considered as innocuous such as x x x drafting,
enforcing or interpreting government agency procedures, regulations or laws, or
brief abstract principles of law.

LAWYERS DUTIES TO THE COURT


1. City Sheriff of Ilagan City vs Fortunato Canon 12
-Canon 12 A lawyer shall exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice.
-Whenever a party to a pending action dies, and the claim is not thereby
extinguished, it shall be the duty of the counsel to inform the court within thirty
days after such death of the fact thereof, and to give the name and address of his
legal representative or representatives. Failure to comply with this duty shall be a
ground for disciplinary action.
2. Occena vs Marquez Rule 10.01, Rule 20.02
-Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the Court to be misled by any artifice.
-It is neither candid nor fair for a lawyer to knowingly make false allegations in a
judicial pleading or to misquote the contents of a document, the testimony of a
witness, the argument of opposing counsel or the contents of a decision.
-Rule 20.02 A lawyer shall not, in cases of referral, with the consent of the client, be
entitled to a division of fees in proportion to work performed and responsibility
assumed.
3. Chavez vs Viola Rule 10.01
-Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the Court to be misled by any artifice.
-A lawyer owes honesty and candor to the courts. It cannot be gainsaid that
candidness, especially towards the courts, is essential for the expeditious
administration of justice. Courts are entitled to expect only complete candor and
honesty from the lawyers appearing and pleading before them.
4. Chan Kian vs Angsin Canon 10

-Canon 10 A lawyer owes candor, fairness and good faith to the court.
- had the counsels, as officers of the courts, but faithfully complied with their duty to deal with the courts
in truth and candor, and promptly manifested to the appellate court the above developments, all by June,
1965, which have made the principal issue at bar moot and academic, this case would then have been
disposed of and need not have been certified to this Court, and the time needed by it to devote to the
prompt disposition of meritorious cases need not have been thus dissipated.

5. Casals vs Cusi Rule 12.03


-Rule 12.02 A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering
an explanation for his failure to do so.
-A lawyer who files a Motion for Extension of Time within which to file pleadings,
memoranda or briefs, must comply within the period granted, unless, for valid
reasons, he is granted another period, in which latter case, he should comply before
the lapse of the last period so granted.
6. COMELEC vs NOY Canon 10, Rule 10.02
-Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of
paper, the language or the argument of opposing counsel, or the text of a decision
or authority, or knowingly cite as law a provision already rendered inoperative by
repeal or amendment, or assert as a fact that which has not been proved.