PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS

OCTOBER 2013

Title of the Case / Date of the Problem Areas Canons violated Penalty Imposed by the Court
Decision
Jocelyn De Leon v. Atty. Tyrone ● Immoral conduct. ● ● SUSPENSION from the practice of
Pedrena ●Atty Pedreña, a Public Attorney, was law for two (2) years.
A.C. No. 9401 charged for sexual harassment.
October 22, 2013

Atty. Oscar L. Embido, etc. v. Atty.
Salvador N. Pe, Jr., etc.,
A.M. No. 6732
October 22, 2013.
●Gross misconduct.
●Assistant Provincial Prosecutor Atty.
Salvador N. Pe, Jr. was charge with
Falsification of the decision in a non-
existent court proceeding
●Canon 7 of the Code of Professional ●DISBARMENT from the practice of
Responsibility law.
Rule 7.03
“a lawyer shall not engage in conduct
that adversely reflects on his fitness
to practice law, nor shall he whether
in public or private life, behave in a
scandalous manner to the discredit of
the legal profession.”

Mary Ann T. Mattus v. Albert T. ●Gross Negligence. ● ●

Villaseca, ●Atty. Villaseca was charged for gross
A.C. No. 7922 and inexcusable negligence in
October 1, 2013 handling a criminal case by failing to
submit a demurrer to evidence which
resulted to the complainants
conviction.
●He failed present any testimonial,
object or documentary evidence for the
defense which shows indifference
towards the cause of his clients.

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 PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
OCTOBER 2013

Title of the Case / Date of the
Decision
Maria Cristina Zabaljauregui Pitcher
v. Atty. Rustico B. Gagate,
A.C. No. 9532
October 8, 2013
Problem Areas Canons violated Penalty Imposed by the Court
● Gross ignorance of the law and ● Canon 17, Rule 18.03 of Canon 18, ●
unethical practice of law and Rule 19.01 of Canon 19 of the
●Failed to exercise the required Code
diligence in handling complainant’s
cause since he:
(1) failed to represent her
competently and diligently by acting
and proffering professional advice
beyond the proper bounds of law;
and,
(2) abandoned his client’s cause
while the grave coercion case against
them was pending.

Ma. Jennifer Tria-Samonte v. Epifania ● Grave misconduct and/or gross ● Canons 17 and 18 of the Code ●DISBARMENT from the practice of law.
“Fanny” Obias malpractice.
A.C. No. 4945 ●Respondent grossly violated the
October 8, 2013 trust and confidence reposed in her
by her clients when, instead of
delivering the deed of sale covering
the subject property to her clients,
she wilfully notarized a deed of sale
over the same property in favor of
another person.
Joefil Baguio v. Maria Fe Arnejo, ●Accountability. ●The Code of Conduct of Court ●
Stenographer III, Regional Trial Court, ●Asking for advance payment from Personnel and Code of Ethics for
Branch 24, Cebu City, litigants, much less the unauthorized Government Officials and Employees
A.M. No. P-13-3155, acceptance of judicial fees by
October 21, 2013. stenographer.

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 PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
OCTOBER 2013

Title of the Case / Date of the
Decision
Atty. Jerome Norman L. Tacorda for:
Odel L. Gedraga v. Judge Reynaldo B.
Clemens, presiding Judge, Regional
Trial Court, Br. 31, Calbayog City,
Western Samar,
A.M. No. RTJ-13-2359
October 23, 2013
Jesus D. Carbajosa v. Judge Hannibal
R. Patricio, Presiding Judge,
Municipal Circuit Trial Court,
President Roxas, Capiz,
A.M. No. MTJ-13-1834,
October 2, 2013
Problem Areas Canons violated Penalty Imposed by the Court
● Gross ignorance of the law and ● The Supreme Court dismissed the ● ---
violation of the Child Witness complaint for lack of merit since the
Examination Rule. acts of Judge Clemens were far from
being ill-motivated and in bad faith as
to justify any administrative liability
on his part
●Gross misconduct. ● ●
● The judge’s acts of meeting with
litigants outside the office premises
beyond office hours and sending a
member of his staff to talk with
complainant constitute gross
misconduct. Moreover, a judge was
held liable for misconduct when he
entertained a litigant in his home and
received benefits given by the
litigant.

Report on the financial audit
conducted in the MTCC, Tagum City,
Davao del Norte / Office of the Court
Administrator v. Judge Ismael L.
Salubre, et al.,
A.M. OCA IPI No. 09-3138-P/A.M. No.
MTJ-05-1618,
October 22, 2013
● Gross Neglect of Duty; Gross
Dishonesty;
● ● DISMISSAL with FORFEITURE of
retirement benefits, except accrued
leave benefits, and the perpetual
disqualification for re-employment in
the government service.
Rendered futile by their passing since
they are not in the service anymore,
but it is still within the Court’s power
to forfeit their retirement benefits.

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Title of the Case / Date of the
Decision
Ma. Regina S. Peralta v. Judge
George E. Omelio / Romualdo G.
Mendoza v. Judge George E. Omelio /
Atty. Asteria E. Cruzabra v. Judge
George E. Omelio,
A.M. No. RTJ-11-2259/A.M. No. RTJ-
11-2264/A.M. No. RTJ-11-2273,
October 22, 2013.
PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
OCTOBER 2013
Problem Areas Canons violated Penalty Imposed by the Court
● Remedy for Correcting Actions of ●The filing of an administrative ● ---
Judge complaint is not the proper remedy
for correcting the actions of a judge
perceived to have gone beyond the
norms of propriety, where a sufficient
remedy exists.
●The exercise of judicial discretion by
a court in injunctive matters must not
be interfered with, except when
there is grave abuse of discretion