HEADNOTES FOR PALE CASES

NEXT 20 CASES

SUBMITTED TO: ATTY. CASTILLO

SUBMITTED BY: MULA, Iane Gem M.

December 9, 2020
Case No. 31: RODOLFO M. YUMANG, CYNTHIA V. YUMANG AND ARLENE
TABULA, Complainants, v. ATTY. EDWIN M. ALAESTANTE, Respondent.

Documentary formalism is not an essential element in the employment of an attorney;

the contract may be express or implied. To establish the relation, it is sufficient that the
advice and assistance of an attorney is sought and received in any matter pertinent to his
profession.

Case No. 32: ROMULO DE MESA FESTIN, Complainant, v. ATTY. ROLANDO V.

ZUBIRI, Respondent.

Canon 1 of the CPR mandates lawyers to uphold the Constitution and promote respect
for the legal processes.36 Additionally, Canon 8 and Rule 10.03, Canon 10 of the CPR
require lawyers to conduct themselves with fairness towards their professional
colleagues, to observe procedural rules, and not to misuse them to defeat the ends of
justice.

Case No. 33:EUGENIA MENDOZA, Complainant, v. ATTY. VICTOR V.

DECIEMBRE, Respondent.

The practice of law is not a right but merely a privilege bestowed by the State upon those
who show that they possess, and continue to possess, the qualifications required by law
for the conferment of such privilege.25 A high sense of morality, honesty and fair dealing
is expected and required of members of the bar.26 They must conduct themselves with
great propriety, and their behavior must be beyond reproach anywhere and at all times

Case No. 34: LETTER OF ATTY. CECILIO Y. AREVALO, JR., REQUESTING

EXEMPTION FROM PAYMENT OF IBP DUES.

Payment of dues is a necessary consequence of membership in the IBP, of which no one

is exempt. This means that the compulsory nature of payment of dues subsists for as long
as one's membership in the IBP remains regardless of the lack of practice of, or the type
of practice, the member is engaged in.

Case No. 35: SOLIMAN M. SANTOS, JR., complainant, vs. ATTY. FRANCISCO R.
LLAMAS, Respondent.

Rule 139-A provides:

Sec. 9. Membership dues. - Every member of the Integrated Bar shall pay such annual dues
as the Board of Governors shall determine with the approval of the Supreme Court. A
fixed sum equivalent to ten percent (10%) of the collections from each Chapter shall be
set aside as a Welfare Fund for disabled members of the Chapter and the compulsory
heirs of deceased members thereof.

Case No. 36: CONRADO QUE, Complainant, v. ATTY. ANASTACIO REVILLA,

JR. Respondent.

Rule 10.03, Canon 10 of the Code of Professional Responsibility which makes it obligatory for a
lawyer to "observe the rules of procedure and.. . not [to] misuse them to defeat the ends of justice."
By his actions, the respondent used procedural rules to thwart and obstruct the speedy and
efficient administration of justice, resulting in prejudice to the winning parties in that case

Case No. 37: RODRIGO E. TAPAY and ANTHONY J. RUSTIA, Complainants,

vs. ATTY. CHARLIE L. BANCOLO and ATTY. JANUS T. JARDER, Respondents.

The lawyer’s duty to prevent, or at the very least not to assist in, the unauthorized practice of
law is founded on public interest and policy. Public policy requires that the practice of law be
limited to those individuals found duly qualified in education and character.
Case No. 38: THE CONJUGAL PARTNERSHIP OF THE SPOUSES VICENTE CADAVEDO
AND BENITA ARCOY-CADAVEDO (both deceased), substituted by their heirs.

An agreement between the lawyer and his client, providing for the former’s compensation, is
subject to the ordinary rules governing contracts in general. As the rules stand, controversies
involving written and oral agreements on attorney’s fees shall be resolved in favor of the
former.17 Hence, the contingency fee of ₱2,000.00 stipulated in the amended complaint prevails
over the alleged oral contingency fee agreement of one-half of the subject lot.

Case No. 39: ENGR. GILBERT TUMBOKON, Complainant, vs. ATTY. MARIANO R.
PEFIANCO, Respondent.

The practice of law is considered a privilege bestowed by the State on those who show that they
possess and continue to possess the legal qualifications for the profession. As such, lawyers are
expected to maintain at all times a high standard of legal proficiency, morality, honesty, integrity
and fair dealing, and must perform their four-fold duty to society, the legal profession, the courts
and their clients, in accordance with the values and norms embodied in the Code.11 Lawyers may,
thus, be disciplined for any conduct that is wanting of the above standards whether in their
professional or in their private capacity.

Case No. 40: ATTY. PABLO B. FRANCISCO, Complainant, vs. ATTY. ROMEO M.
FLORES, Respondent.

Failure of counsel to act upon a client's case resulting in the prescription of available remedies is
negligence in violation of Canon 18 of the Code of Professional Responsibility. The general rule
is that notice to counsel is notice to client. This rule remains until counsel notifies the court that
he or she is withdrawing his or her appearance, or client informs the court of change of counsel.
Untruthful statements made in pleadings filed before courts, to make it appear that the
pleadings are filed on time, are contrary to a lawyer's duty of committing no falsehood.

Case No. 41: HENRY SAMONTE, Petitioner, v. ATTY. GINES ABELLANA, Respondent.

A lawyer who willfully resorts to any falsehood in order to mislead the courts or his clients on
the status of their causes exhibits his unworthiness to remain a member of the Law Profession.
This is because he is always expected to be honest and forthright in his dealings with them. He
thereby merits the condign sanction of suspension from the practice of law, if not disbarment.
Case No. 42: SONIC STEEL INDUSTRIES, INC., Complainant, v. ATTY. NONNATUS P.
CHUA, Respondent.

The practice of law is not a right but merely a privilege bestowed upon by the State upon those
who show that they possess, and continue to possess, the qualifications required by law for the
conferment of such privilege. One of those requirements is the observance of honesty and
candor. Candor in all their dealings is the very essence of a practitioner’s honorable
membership in the legal profession. Lawyers are required to act with the highest standard of
truthfulness, fair play and nobility in the conduct of litigation and in their relations with their
clients, the opposing parties, the other counsels and the courts

Case No. 43: CHERYLE. VASCO-TAMARAY, Complainant, vs. ATTY. DEBORAH Z.

DAQUIS, Respondent.

Members of the Bar are expected at all times to uphold the integrity and dignity of the legal
profession and refrain from any act or omission which might lessen the trust and confidence
reposed by the public in the fidelity, honesty, and integrity of the legal profession. By no
insignificant measure, respondent blemished not only his integrity as a member of the Bar, but
also that of the legal profession.

Case No. 44: Re: CA-G.R. CV No. 96282 (SPOUSES BAYANI AND MYRNA M. PARTOZA
vs. LILIAN* B. MONTANO and AMELIA SOLOMON), Complainant vs.
ATTY. CLARO JORDAN M. SANTAMARIA, Respondent

While it is true that lawyers owe entire devotion' to the cause of their clients, it cannot he
emphasized enough that their first and primary duty is not to the client but to the
administration or justice.' Canon 12 of the Code of Professional Responsibility states that 'A
lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient
administration of justice.
Case No. 45: UNITED COCONUT PLANTERS BANK, Complainant, v. ATTY. LAURO G.
NOEL, Respondent.

It is axiomatic that no lawyer is obliged to act either as adviser or advocate for every person
who may wish to become his client. He has the right to decline employment, subject, however,
to Canon 14 of the Code. However, once he agrees to take up the cause of a client, the lawyer
owes fidelity to such cause and must always be mindful of the trust and confidence reposed in
him. He must serve the client with competence and diligence, and champion the latter's cause
with wholehearted fidelity, care, and devotion.

Case No. 46: IN THE MATTER OF PROCEEDINGS FOR DISCIPLINARY ACTION

AGAINST ATTY. VICENTE RAUL ALMACEN In L-27654, ANTONIO H. CALERO,

vs. VIRGINIA Y. YAPTINCHAY.

Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen,
to criticize in properly respectful terms and through legitimate channels the acts of courts and
judges. The reason is that

An attorney does not surrender, in assuming the important place accorded to him in the
administration of justice, his right as a citizen to criticize the decisions of the courts in a fair and
respectful manner, and the independence of the bar, as well as of the judiciary, has always been
encouraged by the courts.

Case No. 47: ATTY. BONIFACIO T. BARANDON, JR., Complainant,

vs. ATTY. EDWIN Z. FERRER, SR., Respondent.

The practice of law is a privilege given to lawyers who meet the high standards of legal
proficiency and morality. Any violation of these standards exposes the lawyer to administrative
liability
Case No. 48: ASEAN PACIFIC PLANNERS, APP CONSTRUCTION AND DEVELOPMENT
CORPORATION* AND CESAR GOCO, petitioners, vs. CITY OF URDANETA

Section 481(a)29 of the Local Government Code (LGC) of 199130 mandates the appointment of a
city legal officer. Under Section 481(b)(3)(i)31 of the LGC, the city legal officer is supposed to
represent the city in all civil actions, as in this case, and special proceedings wherein the city or
any of its officials is a party.

Case No. 49: HON. MARIBETH RODRIGUEZ-MANAHAN, Presiding Judge, Municipal

Trial Court, San Mateo, Rizal, Complainant, vs. ATTY. RODOLFO FLORES, Respondent.

A lawyer is entitled to voice his criticism within the context of the constitutional guarantee of
freedom of speech which must be exercised responsibly. After all, every right carries with it the
corresponding obligation. Freedom is not freedom from responsibility, but freedom with
responsibility. The lawyer's fidelity to his client must not be pursued at the expense of truth and
orderly administration of justice. It must be done within the confines of reason and common
sense.9

Case No. 50: TEODULO F. ENRIQUEZ, Complaint, v. ATTY. EDILBERTO B. LAVADIA,

JR., Respondent.

The duties of a lawyer may be classified into four general categories namely duties he owes to
the court, to the public, to the bar and to his client.39 A lawyer who transgresses any of his duties
is administratively liable and subject to the Court's disciplinary authority.