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Rbci Vs Florido

Rural Bank of Calape, Inc. (RBCI) filed a complaint for disbarment against respondent attorney James Benedict Florido, alleging that he violated his oath and the Code of Professional Responsibility by forcibly taking over the management and premises of RBCI along with his clients. The respondent claimed he was acting with the authority of RBCI's validly elected board of directors. The Court held that the respondent violated his duty as a lawyer to uphold the law and promote respect for legal processes, and suspended him from practice for one year.

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Joan Maceda
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422 views

Rbci Vs Florido

Rural Bank of Calape, Inc. (RBCI) filed a complaint for disbarment against respondent attorney James Benedict Florido, alleging that he violated his oath and the Code of Professional Responsibility by forcibly taking over the management and premises of RBCI along with his clients. The respondent claimed he was acting with the authority of RBCI's validly elected board of directors. The Court held that the respondent violated his duty as a lawyer to uphold the law and promote respect for legal processes, and suspended him from practice for one year.

Uploaded by

Joan Maceda
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Mary Joan Dorothy Joy B. Maceda 3B RURAL BANK OF CALAPE, INC. (RBCI) BOHOL vs ATTY.

JAMES BENEDICT FLORIDO A.C. 5736 June 18, 2010 Carpio, J. FACTS: Rural Bank of Calape, Inc. (RBCI) filed a complaint for disbarment against respondent alleging that respondent violated his oath and the Code of Professional Responsibility. According to RBCI, respondent and his clients, Nazareno-Relampagos group, through force and intimidation, forcibly took over the management and the premises of RBCI. Respondent explained that he acted in accordance with the authority granted upon him by the Nazareno-Relampagos group, the lawfully and validly elected Board of Directors of RBCI, thus, he was merely effecting a lawful and valid change of management. Respondent added that the criminal complaint for malicious mischief filed against him by RBCI was already dismissed; while the complaint for grave coercion was ordered suspended because of the existence of a prejudicial question; and this disbarment complaint was filed against him in retaliation for the administrative cases he filed against RBCIs counsel and the trial court judges of Bohol. ISSUE: Whether or not respondent violated his oath and the Code of Professional Responsibility Canon 19. HELD: Yes RATIO: The Court held that respondent was guilty as charged and suspended for a year. The first and foremost duty of a lawyer is to maintain allegiance to the Republic of the Philippines, uphold the Constitution and obey the laws of the land. It is the lawyers duty to promote respect for the law and legal processes and to abstain from activities aimed at defiance of the law or lessening confidence in the legal system. Canon 19 of the Code provides that a lawyer shall represent his client with zeal within the bounds of the law. It is his duty to counsel his clients to use peaceful and lawful methods in seeking justice and refrain from doing an intentional wrong to their adversaries. A lawyers duty is not to his client but to the administration of justice. To that end, his clients success is wholly subordinate. His conduct ought to and must always be scrupulously observant of the law and ethics. Any means, not honorable, fair and honest which is resorted to by the lawyer, even in the pursuit of his devotion to his clients cause, is condemnable and unethical.

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