ETHICS REVIEWER reading materials and inadequacy of the preparation of

students during the years immediately following the

Japanese occupation
CODE OF PROFESSIONAL RESPONSIBILITY o Constitutionality of R.A. No. 972 is assailed because:
o Adequate preparation for the profession is vital
o Matters regarding the admission to the Bar is a
CANON 1 judicial prerogative provided by the Constitution, and
the Legislature was not conferred with such
Moral turpitude – includes everything which is done contrary prerogative
to justice, honesty, modesty, or good morals
Zoreta v. Simpliciano
Good moral character is a continuing qualification required o Atty. Simpliciano notarized a total of 590 documents in
of every member of the Bar. When a lawyer fails to meet the 2002, after his commission as notary public had expired
exacting standard of moral integrity, the Supreme Court may o “A lawyer's act of notarizing documents without the
withdraw his/her privilege to practice law. requisite commission therefore is reprehensible; not only
malpractice but also the crime of falsification of public
Immoral conduct – conduct which is so willful, flagrant, or documents”
shameless as to show indifference to the opinion of good and o Ruling: Permanently barred from being commissioned as
respectable members of the community notary public, and suspended from the practice of law for
2 years
Grossly immoral conduct – conduct so unprincipled as to
be reprehensive to a high degree, or committed under such Quingwa v. Puno
scandalous or revolting circumstances as to shock the o When Atty. Puno and Quingwa were engaged to be
common sense of decency married, he took her to a hotel where he molested her
o Quingwa begged him not to, but Puno reassured her that
Barratry – frequently exciting and stirring up quarrels and he promises to marry her anyway
suits either at law or otherwise; fermenting suits among o Quingwa gave birth to a child and Puno failed to fulfill his
individuals and offering his legal services to one of them promise of marriage
o Puno merely denied the allegations but he could not
Ambulance chasing – chasing victims of accidents for the show any proof against them
purpose of talking to the said victims or relatives, and offering o “One of the requirements for all applications for
legal services to them admission to the Bar is that the applicant must produce
before the SC satisfactory evidence of good moral
Ui v. Bonifacio character. If that qualification is a condition precedent to
o Mrs. Ui discovered that her husband and Atty. Bonifacio a license or privilege to enter upon the practice of law, it
had an illicit relationship and have a child together is essential during the continuance of the practice and
o Mrs. Ui went to Bonifacio's office to introduce herself the exercise of privilege.”
as Mr. Ui's legal wife o “When a lawyer's integrity is challenged by evidence, it is
o Bonifacio promised to end the relationship not enough that he denies the charges against him; he
o The illicit relationship allegedly continued and Bonifacio must meet the issue and overcome such evidence”
and Mr. Ui had their second child o Ruling: Disbarred
o The Court found no intentional disregard for the good
moral character expected from the profession on the part Royong v. Oblena
of Bonifacio o Atty. Oblena, through grave abuse of confidence, had
o Records show that when respondent became aware illicit sexual relations with a girl who treated him like an
of Mr. Ui's true civil status, she broke off all contacts uncle
with him o Royong complained of a rape incident wherein Oblena
o Ruling: Disbarment case dismissed, but reprimanded for threatened to kill her family if she shouts for help
attaching a photocopy of marriage certificate with altered o The Court also discovered that Oblena had an
date adulterous relationship with Briccia Angeles who is
legally married to another man
In re: Cunanan o Reason for not leaving her is because his “sense of
o Rule 127, Sec. 14: “In order that a candidate for propriety and Christian charity” did not allow him to
admission to the Bar may be deemed to have passed his abandon her after almost 13 years of cohabitation
examinations successfully, he must have obtained a o “One’s own approximation of himself is not a gauge to
general average of 75% in all subjects, without falling his moral character. Moral character is not a subjective
below 50% in any subject term, but one which corresponds to objective reality.
o R.A. No. 972 or the “Bark Flunkers' Act of 1953” reduced Moral character is what a person really is, and not what
the passing rate to 70% due to the insufficiency of he or other people think he is.”
o Ruling: Disbarred o “A notary public should not notarize a document unless
the persons who signed the same are the very persons
Abaigar v. Paz who executed and personally appeared before him to
o Abaigar sought Atty. Paz's legalservices regarding a attest to the truthfulness of such document”
divorce case filed by her husband in the Court of o Ruling: Ziga's disbarment case is dismissed; Arcangel is
California disqualified from commission as notary public for 2
o Paz became exceedingly friendly years, and suspended from the practice of law for 6
o Proposed to Abaigar months
o Convinced her to live together as husband and wife,
promising to marry her eventually Castaneda v. Ago
o Paz explained that his marriage with his wife Virginia Paz o Conjugal home and other lots of Mr. and Mrs. Ago were
was only a 'forced' civil marriage (not a church marriage), levied upon and sold by the sheriff due to Mr. Ago's
which will not be an impediment to his future marriage unpaid obligations
with Abaigar o Mrs. Ago now claims that such properties cannot be
o Abaigar met Virginia and found out that the latter's liquidated because they are partly owned by her, and
marriage with Paz is valid she is not a party to any of her husband's ventures
o “The Court has held that in disbarment proceedings, the o The Court condemns the attitude of the counsel who “far
burden of proof rests upon the complainant and the from viewing courts as sanctuaries for those who seek
charge against the lawyer must be established by justice, has tried to use them to subvert the very ends of
convincing proof.” justice”
o The Court believes that there was no wrong committed; it o A lawyer must not insist on the futility of a client's
was a voluntary act of indiscretion between consenting position
adults
o Ruling: Disbarment case is dismissed
CANON 2
A1 Financing v. Valerio
o Atty. Valerio acquired a loan of P50,000 from A1, and Defenseless – not in the position to defend themselves due
issued a post-dated check for payment to poverty, weakness, ignorance, or other similar reasons
o Upon maturity date, the check was not honored due to
insufficient funds Oppressed – victims of acts of cruelty, unlawful exaction,
o A1 repeatedly demanded Valerio to settle the amount but domination, or excessive use of authority
she failed to do so
o A1 filed an administrative complaint against Valerio but Permissible Advertisements
she refused to answer to court orders/notices o Reputable law lists
o Valerio's mother Gregoria promised to settle her o Ordinary business card
daughter's obligation o Simple announcement of the opening of a law firm or of
o Also explained that her daughter has been changes in the partnership, associates, firm name, or
diagnosed with schizophrenia and therefore unable office address
to answer to complaints o Advertisements or simple announcement of the
o Could not produce any medical certificate to prove existence of a lawyer or his firm, posted anywhere it is
such diagnosis proper, such as his place of business or residence
o “Deliberate failure to pay just debts and the issuance of o Advertisements or announcement in any legal
worthless checks constitute gross misconduct” publication, including books, journals, or legal magazines
o Ruling: Suspended for 2 years
Lawyers must refrain from charging lower than the customary
Bon v. Ziga and Arcangel rates, except when their clients are: relatives, co-lawyers,
o Bon alleges that Atty. Ziga fooled him into signing a poor, or under-privileged.
'waiver and quitclaim', when he thought he was merely
signing a withdrawal of a previously executed special Director v. Bayot
power of attorney o Atty. Bayot published an advertisement in the Sunday
o Such document signed was a waiver in favor of Ziga Tribune, marketing his legal services
for the properties inherited by the Bons o “Law is a profession, not a trade. The lawyer degrades
o The Bons are residents of Manila while Atty. Arcangel himself and his profession who stoops and adopts the
was in Albay when he notarized such document practices of mercantilism by advertising his services or
o The Court explained that one who signs a contract is offering them to the public.”
presumed to know its contents, so Bon is also to blame o “The most effective advertisement possible is the
for such negligence on his part establishment of a well-merited reputation for
o According to records, the predecessors of the Bon's professional capacity and fidelity to trust”
have already sold such properties to the Ziga family o Ruling: Reprimanded
 3. He owes it to the lay public to make the law part of their
social consciousness
CANON 3
“Continuing legal education is required of members of the
Additional rules under Rule 3.02: Integrated Bar to ensure that throughout their career, they
o It is unethical to use the name of a foreign firm keep abreast with law and jurisprudence, maintain the ethics
o Death of a partner does not extinguish attorney-client of the profession, and enhance the standards of the practice
relationship with the law firm of law.” (Sec. 1, B.M. No. 850)
o Negligence of a new member in the law firm is
negligence of the entire firm
CANON 6
In re: Tagorda
o During the previous general elections, Atty. Tagorda Public officials – elective and appointive officials and
distributed cards containing an advertisement of his employees, permanent or temporary, whether in the career or
notary public services non-career service, including military and police personnel,
o Also sent a letter to the lieutenant of the barrio, asking whether or not they receive compensation, regardless of
the latter to tell people about his legal services and amount (Sec. 3, R.A. No. 6713)
offering discounts for referrals
o “A lawyer may not seek or obtain employment by himself Instances when a Lawyer Leaves Government Service
or through others, for to do so would be unprofessional” o Retirement
o Ruling: Suspended from the practice of law for 1 month o Resignation
o Expiration of the term of office
Dacanay v. Baker & McKenzie, Guerrero, and Torres o Dismissal
o Atty. Torres and Atty. Guerrero used the letterhead of o Abandonment
'Baker & McKenzie', a law firm in Chicago
o While being associates of said foreign law firm, they are Public Officials Prohibited from Practice of Law
also practicing under the firm name of 'Guerrero & o Judges and other officials of the Supreme Court
Torres' o Officials and employees of the OSG
o Ruling: Respondents are enjoined from practicing law o Government prosecutors
under the firm name 'Baker & McKenzie' o President, Vice President, members of the Cabinet, and
their deputies and assistants
Director v. Bayot o Members of the Constitutional Commission
o Atty. Bayot published an advertisement in the Sunday o Ombudsman and his deputies
Tribune, marketing his legal services o Governors
o “Law is a profession, not a trade. The lawyer degrades o City and municipal mayors
himself and his profession who stoops and adopts the
practices of mercantilism by advertising his services or Public Officials Allowed to Practice Law, with Restrictions
offering them to the public.” o Senators
o “The most effective advertisement possible is the o Retired Justice or judge receiving pension from the
establishment of a well-merited reputation for government
professional capacity and fidelity to trust” o Sanggunian members
o Ruling: Reprimanded
Adverse Interest Conflict – where the matter in which the
former government lawyer represents a client in private
CANON 4 practice is substantially related to a matter that he dealt with
while employed in government service, and the interests of
Objectives of the Integration of the Bar the current and the former are adverse
o To elevate the standards of the legal profession
o To improve the administration of justice Congruent Interest Conflict – does not involve conflict at
o To enable the Bar to discharge its responsibility more all, as it merely prohibits lawyers from representing a private
effectively person even if the interests of the former government client
and the new client are entirely parallel
CANON 5
Uy v. Dizon-Capulong
Three-fold Obligation of a Lawyer o Hermania Alvos is the niece of Paz Ramirez, the
1. He owes it to himself to continue improving his surviving spouse of the late Ambrocio Pingco
knowledge of the laws o Alvos was assigned as administratrix of Pingco's
2. He owes it to his profession to take an active interest in estate
the maintenance of high standards of legal education o Some of the lots owned by Pingco were sold to
 Spouses Uy, but Alvos contended that such sale as counsel was beyond the 1 year prohibitory period
was fraudulent since he retired in 1986
o Judge Dizon-Capulong ruled in favor of Alvos but the CA o The Court explains that the intervention contemplated
reversed her decision and ruled in favor of Spouses Uy under Rule 6.03 should be substantial and important;
o Despite the CA ruling, Dizon-Capulong continued to and the role of Mendoza in the liquidation of GenBank is
issue various orders resulting in the issuance of new considered insubstantial
titles in the name of persons stated in the project of o Ruling: Dismissed
partition
o The Court believes that Dizon-Capulong clearly stressed
her blatant disobedience to the lawful orders of superior CANON 7
courts
o Ruling: Dismissed from service Misconduct – transgression of some established and definite
rule of action, more particularly, unlawful behavior or gross
Ali v. Bubong negligence by a public officer
o Atty. Bubong attempted to manipulate an Anti-Squatting
Law case filed against his relatives through the Grave misconduct – involves any additional element of
indiscriminate issuance of transfer certificates corruption, willfull intent to violate the law, or to disregard
o The Court believes that “by taking advantage of his office established rules, which must be established by substantial
in the Register of Deeds of Marawi City and employing evidence
his knowledge of the rules governing land registration for
the benefit of his relatives, respondent had clearly In re: Edillion
demonstrated his unfitness not only to perform functions o Atty. Edillion had a previous delinquency case due to his
of a civil servant but also to retain his membership in the refusal to pay IBP dues
Bar” o Compelled to provide financial support
o Ruling: Disbarred o Deprived of his rights to liberty and property
o After 2 years of being barred from the practice of law,
Suarez v. Platon Edillion requests for his reinstatement
o Lieut. Orais filed a complaint against Suarez and Reudas o “Membership of the Bar is a privilege burdened with
with sedition, and while preliminary investigation was conditions, and failure to abide by any of them entails the
pending, he moved for the temporary dismissal of the loss of such privilege if the gravity thereof warrants such
case drastic move”
o Suarez then charged Lieut. Orais of arbitrary detention, o Ruling: Membership to the Bar is restored
contending that he was arrested without a warrant, but
Judge Platon dismissed the same B.M. No. 1370: Letter of Atty. Arevalo
o Suarez filed another complaint, now including Judge o Atty. Arevalo requested for exemption from the payment
Platon as a co-accused of IBP dues
o The Court explains that “if under trying circumstances o Became part of the Philippine Civil Service, and he
and in zealous effort to obey the orders of his superior should not be paying IBP dues because such
officer and to enforce the law, a peace officer makes a profession prohibits him from practicing law anyway
mistake in good faith, he should be exculpated” o Migrated to and worked in the US until he retired, so
o Ruling: Dismissed he was also not able to practice law
o Payment of dues is a necessary consequence of
PCGG v. Sandiganbayan membership in the IBP, of which no one is exempt
o General Bank & Trust Company (GenBank) encountered o Membership in the IBP is not based on actual practice of
financial difficulties and the Central Bank extended loans law; as long as a lawyer continues to be a member of the
to them in hopes of rehabilitating it IBP, he must pay his dues
o GenBank failed to recover and was subsequently o “Membership of the Bar is a privilege burdened with
liquidated, with SolGen. Mendoza's intervention conditions, and failure to abide by any of them entails the
o PCGG, in their duty to recover the ill-gotten weath of the loss of such privilege if the gravity thereof warrants such
Marcoses, filed a case with the Sandiganbayan against drastic move”
several private respondents and issued writs of o Ruling: Request for exemption is denied
sequestration on their properties
o Mendoza represented the respondents Garcia v. Bala
o PCGG filed a motion to disqualify Mendoza because of o Atty. Bala's clients, Spouses Garcia, had a case before
his participation of the liquidation of GenBank, invoking the Department of Agrarian Relations Adjudication Board
Rule 6.03 (DARAB) which was subsequently dismissed
o Sandiganbayan denied PCGG's motion because o Instead of filing for a 'petition for review', he
Mendoza did not take an adverse position to that taken erroneously filed a 'notice of appeal'
on behalf of Central Bank, and Mendoza's appearance o Due to this error, the prescribed period for filing the
 correct petition had lapsed, to the prejudice of o Cargo is their 'ninong'
Spouses Garcia o Mrs. Tolosa often sought advice from Cargo
o Bala misled them regarding his whereabouts, evaded regarding her marital problems
their complaints, refused to return the money paid for his o Cargo asked a friend and former-client if Mrs.
services, and used unsavory words against such Tolosa can temporarily stay in his house in Malabon
complaints o While there is insufficient evidence to show that Cargo
o Ruling: Suspended for 6 months and ordered to return was indeed cohabiting with Mrs. Tolosa or was guilty of
the legal fees collected + interests any act of immorality, he must still be reprimanded
o However, the Court explains that “a member of the Bar
In re: Lanuevo v. Galang must not only refrain from adulterous relationships, but
o Galang, a bar examinee, was worried about not being he must also behave himself as to avoid scandalizing the
able to pass the bar, so he approached Atty. Lanuevo for public by creating belief that he is flouting those moral
help standards”
o Lanuevo spoke with the examiners individually, asking o Ruling: Reprimanded
them if they can review Galang's exam booklet, alleging
that the student is only a few points from passing Lim Se v. Argel
o Examiners were unaware that they were each o Reyes and Venancia Chiombon had an agreement that
individually approached once the lease of the whole lot on which the Venancia
o Lanuevo told them that there is nothing in the rules Bldg. is situated has expired, ownership will be
that prohibit them from reviewing the exam booklets transferred to Reyes
o Lanuevo denied having any relations with Galang or his o 1965-1970: Lim Se and Benito Lim (Petitioners)
family, explaining that he randomly came across were leasing he groundfloor, mezzanine, and
Galang's exam booklet and felt that the student deserved basement of the Venancia from Chiombon
to pass o 1971-1973: Petitioners leased the same premises
o Upon investigation, Galang's father and Lanuevo knew from the Estates of Reyes, Sr.
each other and according to Lanuevo's SALN, he o Problem: To whom should the rentals be paid?
acquired a new car and was able to pay off his house o Ocampo (Chiombon's daughter) purchased the said
loan within the same period that Galang's exam scores building from her mother, and later on sold it to another
were altered person named Bulatano
o In addition, Galang was apparently also charged with the o Bulatano filed for recovery of the rentals from the
crime of Slight Physical Injuries but concealed this matter Chiombon's descendants and the occupants of the
during his application for the bar exams building
o Ruling: Lanuevo is disbarred, and Galang is disqualified o Also filed a case to recover possession of the
from admission to the bar Venancia from Chiombon's descendants
o Chiombon's descendants now instituted a third-party
Diao v. Martinez complaint against Petitioners to vacate the building, and
o 2 years after passing the bar exams, Atty. Diao was a summary judgment was granted in favor of Chiombon's
charged for having falsely represented in his application descendants
that he had completed his academic qualifications o Petitioners claim that the writ was enforced in a cruel and
o Did not finish high school oppressive manner because it was acted on without
o Never attended Quisumbing College and never jurisdiction
obtained a diploma therefrom o Writ of preliminary injunction was issued, directing the
o Diao's explanation: sheriff to place Petitioners in possession of the premises
o Did not finish high school because he entered the from which they have been ousted
US Army, but he passed the General Classification o Atty. Adaza, a lawyer who never appeared in the lower
Test which is equivalent to a high school diploma court and acted independently from the lawyers of
o Actually attended Arellano University, but he wrote Chiombon's descendants, filed a motion to lift the
Quisumbing College in his records due to “error and injunction
confusion” o Adaza’s characterization of the mandatory injunction as
o According to the documents Diao submitted, it appears “unjust and a miscarriage of justice” and as devoid of
that he began his law studies 6 months before obtaining factual and legal basis is unfounded and unwarranted
his college diploma o Ruling: Adaza is guilty of Direct Contempt
o Ruling: Disbarred

Tolosa v. Cargo CANON 8

o Tolosa assumed that his wife started living together with
Atty. Cargo because of the latter's exceedingly helpful A person without a retained lawyer is a legitimate prospective
disposition towards the wife client for any lawyer whom he approaches for legal services.
o According to the findings of the Court: But, as soon as he had retained one and had not dismissed
the retained counsel, efforts on the part of another lawyer to
take him as a client constitutes professional encroachment. Allied Bank v. C.A.
o Galanida was an assistant manager at Allied Bank,
Likong v. Lim constantly being reassigned to different branches, but
o Likong obtained a lone from Yap and prepared a special recently refused to move to a branch outside of Cebu for
power of attorney (SPA) authorizing the latter to collect family concerns
her pension as payment for the loan o Ganalida's counsel invoked the ruling in Dosch v. NLRC,
o Likong, however, took the SPA back and sued Yap stating: “Refusal to obey a transfer order cannot be
for damages considered insubordination where employee cited reason
o Writ was issued by the trial court to prevent Yap for said refusal, such as that of being away from the
from collecting Likong's pension, so Yap changed family”
her address to circumvent the order o Not actually part of the decision
o Atty. Lim (Yap's counsel) and Yap entered a compromise o Merely mentioned in the syllabus of the case, and is
agreement with Likong, who had no assistance of a actually a misquotation
counsel during such agreement o Ruling: Admonished to be more careful in citing Supreme
o Compromise agreement was highly prejudicial Court decisions in the future
against Likong and grossly in favor of Yap
o There is no showing that Lim even attempted to Samar Mining Co. v. Arnado and Abuyen
inform Likong's counsel of the compromise o Abuyen claims for compensation for his medical
agreement expenses for pulmonary tuberculosis, acquired in the
o Ruling: Suspended for 1 year course of his employment as a foreman in the Company
o Regional Admin. of DOLE awarded the claim
Dallong-Galiciano v. Castro o Company's counsel, Atty. Arcinas, contends that only
o Atty. Castro demanded Atty. Dallong-Galiciano DOLE has jurisdiction over such cases, not the regional
(Complainant) to furnish a copy of a certain CA decision admin.
and got mad when it was not furnished immediately o Compensability of Abuyen's illness was never
o Castro uttered vulgar words (“Vulva of your mother!”) questioned by the Company; in fact, they impliedly
that resulted in the public embarassment of Dallong- admitted it
Galiciano o “The purpose of this case has been merely to delay a
o Ruling: Fined in the amount of P10,000 policy, often resorted to as a means of draining the
resources of the poorer party”
o Ruling: A copy of this decision shall be attached to the
CANON 9 personal record of Atty. Arcinas

Unauthorized practice of law – who is not a lawyer Biascan v. Lopez

pretends to be one and performs acts which are exclusive to o Florencio Biascan passed away and left behind a 600
the members of the Bar. sqm property and Rosalina Manuel (daughter of the
deceased) falsely represented herself as the sole heir of
Shyster – a non-lawyer pretending to be a lawyer the property
o Manuel executed a Deed of Assignment in favor of Atty.
An “unqualified person” does not only refer to a non-lawyer Lopez, and ceded 210 sqm of the property to him
pretending to be one, but also applies to lawyers who are not o Lopez sold the 210-sqm lot to Spouses Arganoza
in good standing o Article 1491 of the Civil Code expressly prohibits a
lawyer from acquiring property or rights that may be the
object of any litigation in which they may take part by
CANON 10 virtue of their profession
o Ruling: Suspended for 6 months
Vda. de Victoria v. C.A.
o Victoria family was occupying a land owned by the
Spouses Gibe without permission, so the latter filed an CANON 11
ejectment case against the Victoria family
o Atty. Basar (Victoria's counsel) failed to submit a motion Proper Attire
for reconsideration on time, and asked Victoria to lie Male lawyers – Barong Tagalog or suit and tie
about receiving the notice late Lady lawyers – appropriate business attire
o Basar also invoked P.D. No. 27 (Tenancy Law) even if
he knew it was improper, in attempt to divest the RTC of Estrada v. Sandiganbayan
their jurisdiction over the case o During the hearing of their motion for reconsideration for
o Ruling: Must show cause as to why he should not be Estrada's criminal cases, Atty. Paguia stated that the
held in contempt justices of the Special Division of the Sandiganbayan
 made manifest their bias and partiality o While pending at the Ministry, Philzea also filed a petition
o Filed for a motion for disqualification against such for certiorari with the IAC, then also filed a notice of
justices appeal with the Office of the President
o Repeatedly talked about the bias of these justices in o “There is forum-shopping whenever, as a result of an
broadcast and print media adverse opinion in one forum, a party seeks a favorable
o Ruling: Indefinitely suspended opinion in another forum”

Torres v. Javier Phil Pharmawealth, Inc. v. Pfizer, Inc.

o Atty. Javier filed a petition for audit on all the funds of the o Pfizer previously filed a complaint against Phil
UE Faculty Association Pharmawealth (PPW) for patent infringement
o Used condescending and discrediting comments during o PPW filed for preliminary injunction both with the
the pleadings and also personally attacked Atty. Torres Intellectual Property Office and the RTC
o “Clients, not lawyers, are the litigants, so whatever mya o Forum-shopping done in good faith
be the ill-feeling existing between clients should not be o “Jurisprudence holds that if the forum-shopping is not
allowed to influence the counsels in their conduct toward considered willfull and deliberate, the subsequent case
each other shall be dismissed without prejudice, on the ground of
o Ruling: Suspended for 1 month and given a stern either litis pendentia or res judicata. However, if the
warning forum-shopping is willfull and deliberate, all actions shall
be dismissed with prejudice.”
Tiongco v. Aguilar
o In a case before the RTC, Atty. Tiongco (as counsel)
repeatedly insulted and maliciously insinuated Judge CANON 13
Aguilar
o “Hypocritical judgment” Sub Judice Rule – restricts comments and disclosures
o “Liar, thief, perfidious, and blasphemer” pertaining to pending judicial proceedings
o “Rotten manipulator and abettor of graft and
corruption” Principle of Open Justice – freedom of the people to
o Tiongco has exceeded the bounds of decency and criticize the government, including the right to criticize the
propriety in making false and malicious insinuation courts, and their proceedings and decisions, to ensure that:
against a member of the Court o There is a safeguard against judicial arbitrariness or
o Ruling: Ordered to pay a fine of P5,000 and given a idiosyncrasy
warning o The public's confidence in the administration of justice is
maintained

CANON 12 Bildner v. Ilusorio and Singson

o Erlinda Bildner is fighting for custody of her sick
Elements of Forum-shopping husband, but she was only granted visitation rights
1. Identity of parties represented the same interest in o Sent 3 letters to C.J. Davide, asking for
both actions consideration for her wish to see her husband, and
2. Identity of the rights asserted and the reliefs prayed saying that the court decision is “appalling,
for, the relief being founded on the same facts; and unilaterally brazen, and unprecedented in the annals
3. Identity of the 2 preceding particulars, such that any of the Supreme Court decision-making process”
judgment rendered in the other action will, o Published the book 'On the Edge of Heaven'
regardless of which party is successful, amount to criticizing the Supreme Court
res judicata in the action under consideration o Atty. Singson, counsel of the Illusorio family
(respondents) apparently attempted to influence the
Earth Minerals Exploration, Inc. v. Macaraig presiding judge
o Zambales Chromite (ZC) exclusively owns 10 patentable o Made a bribe offer
mining claims o Visited judge 3 times before the hearing
o Has an existing contract with Philzea for the o Made more than a dozen calls to the judge
development and exploration of such lands o Ruling: Bildner is guilty of Indirect Contempt, and Atty.
o Similarly entered a contract with Earth Minerals Singson is suspended for 1 year
Exploration Inc. (EMEi) to operate within the same
area
o Problem: now there are 2 operators
o EMEi then filed with the Bureau of Mines and Geo- CANON 14
Sciences for the cancellation of the contract between ZC
and Philzea, and later elevated the case to the Ministry Counsel de Officio – a counsel, appointed or assigned by
of Natural Resources the court, from among such members of the Bar in good
standing who, by reason of their experience and ability, may company and vice versa
adequately defend the accused o Pending land ownership case wherein Atty. Villarosa was
the counsel of PRC, because Alhambra Hotel (owned by
Amicus curae – “a friend of the court”; an experienced and PRC) was located on a lot being claimed by another
impartial lawyer who has the expertise in the field and usually family
called upon the Court for help in resolving cases or in the o PRC Board Members filed an action against Spouses
disposition of issues submitted to it (Sec. 36, Rule 138, RRC) Jalbuena for Estafa, wherein Villarosa was the counsel
of the spouses
Amici Curiae par Excellence – Bar associations which o Conflict of interest because he was concurrently
appear in court as friends to expound on some matters of law representing Spouses Jalbuena and PRC (although he
for the information of the court eventually withdrew as counsel from the land ownership
case)
Indigent party – a party may be authorized to litigate his o Ruling: Suspended for 1 year
action, claim, or defense as an indigent if the court, upon an
ex parte application and hearing, is satisfied that the party is Pormento v. Pontevedra
one who has no money or property sufficient and available for o Atty. Pontevedra failed to inform Pormento that his
food, shelter, and basic necessities for himself and his family counterclaim case for a parcel of land in Bacolod was
(Sec. 21, Rule 3, RRC) dismissed, and this resulted in the latter's deprivation
from his right to appeal
o Pormento had to hire another lawyer because
CANON 15 Pontevedra refused to institute any further action
o Pormento was also forced to file a criminal case for
Conflict of interest – if the acceptance of the new retainer Qualified Theft against his relatives to recover such
will require the attorney to do anything which will injuriously land
affect his first client in any matter in which he represents him o A parcel land in Negros Occidental was also previously
and also whether he will be called upon in his new relation, to purchased by Pormento, the title for which was notarized
use against his first client any knowledge acquired through by Pontevedra
their connection o Pormento allowed his nephew to reside in it
o Nephew eventually refused to vacate the property
Privileged Communication – “An attorney cannot, without so Pormento filed an ejectment case against him
the consent of his client, be examined as to any o Pontevedra acted as counsel for the nephew
communication made by the client to him, or his advice given o “A lawyer is forbidden from representing a subsequent
thereon in the course of, or with a view to, professional client against a former client when the subject matter of
employment, nor can an attorney's secretary, stenographer, the present controversy is related, directly or indirectly, to
or clerk be examined, without the consent of the client and the subject matter of the previous litigation in which he
his employer, concerning any fact the knowledge of which appeared for the former client”
has been acquired in such capacity” (Sec. 24, Rule 130) o Ruling: Fined in the amount of P10,00 and given a
warning
Mercado v. Vitriolo
o Atty. Vitriolo was Mercado's counsel in a previous
annulment case CANON 16
o Vitriolo filed a criminal action against Mercado for
Falsification of Public Documents To constitute professional employment, it is not essential
o Made false entries in the Certificates of Live Birth of that the client should have employed the attorney
her children, stating that she is married to a certain professionally on any previous occasion. It is not necessary
Ferdinand Fernandez that any retainer should have been paid, promised, or
o Mercado filed a disbarment case against Vitriolo for charged for. Neither is it material that the attorney consulted
violating the rule on privileged communication did not afterward undertake the case about which the
o Lack of evidence, because the records failed to consultation was had.
substantiate the allegations and Mercado cannot specify
the alleged communication in confidence disclosed Burge v. Magulta
o Ruling: Dismissed o Atty. Magulta agreed to legally present Burge in a money
claim and a civil case
Lim v. Villarosa o Required Burge to pay P25,000 as filing fee
o Mrs. Jalandoni has 2 daughters, Carmen (married to o Burge found out from the Office of the Clerk of Court
Dennis Jalbuena) and Cristina (married to Humberto that Magulta never filed Burge's complaint
Lim) o When Burge filed a disbarment/suspension case against
o Jalandoni is the majority stock owner of PRC (82%), him, Magulta explained that there was no lawyer-client
which means that her interest is also the interest of the relationship between them to begin with
o According to the Court, a lawyer-client relationship was imprisonment
established the moment Burge asked him for legal o Tajanlangit also failed to return the bailbond of P195,000
advice, therefore, he is expected to protect the interests and did not pay the phone bill he had incurred during his
of his client with diligence and candor stay in Yu's house
o Ruling: Suspended for 1 year o The Court found adequate justification for the filing of the
petition of certiorari and it was not improper for
Uy v. Gonzales Tajanlangit to withdraw the bailbond because he had a
o Uy sought the legal services of Atty. Gonzales to prepare previous special fee agreement with Yu
and file a petition for the issuance of a new certificate of o Tajanlangit is directed by the Court to:
title o Pay for his phone bill
o Gonzales demanded a certain amount from him o Submit an accounting of all monies he received from
other than what they have previously agreed upon Uy, inclusive of all expenses he incurred, pursuant
o Instead of filing the petition, Gonzales filed a letter- to Rule 16.01
complaint against Uy for Falsification of Public o Ruling: Admonished
Documents
o Apparently, Uy purchased a parcel of land from Fermin
Gonzales CANON 17
o Instead of registering the Deed of Sale and Transfer
Certificate of Title, he executed a Deed of Voluntary Alcala and Imperial v. De Vera
Land Transfer in favor of his underaged children, o Spouses Alcala sold a parcel of land to Semechuk but
misrepresenting them as farmers/beneficiaries the latter was not able to take possession of the land, so
o Uy accepted Gonzales's payments for the he filed for the annulment of the sale
redemption of the Certificate of Title, knowing that o Trial court ruled in favor of Semechuk and sent a copy of
such title can no longer be redeemed because it has the decision to Atty. De Vera (Alcala's counsel) but he
already been transferred in the name of his children failed to inform the spouses about the decision
o Gonzales' knowledge of Uy's offense was obtained due o De Vera attempted to appeal but the CA upheld the
to his personal dealings with the former, and not due to decision of the trial court
any lawyer-client relationship o Spouses Alcala filed a disbarment case against De
o Merely volunteered his service to hasten the Vera and demanded for damages
issuance of the title of the land he redeemed from o While it is true that De Vera was negligent in his failure to
Uy inform the spouses about the decision, the Court found
o Lawyers should not be precluded from instituting a case no proof of malice on his part
against anyone to protect his personal or propriety o Ruling: Guilty of Simple Negligence and is hereby
interests severely censured
o Ruling: Dismissed

Garcia v. Manuel CANON 18

o Having been recently divorced, Garcia sought the legal
advice of Atty. Manuel regarding child support and her Solidon v. Macalinao
condominium in San Juan o Atty. Solidon asked Atty. Macalalad to handle a judicial
o Manuel repeatedly asked for (overpriced) advance titling of a parcel of land in Borongan, Eastern Samar,
payments, but failed to file the ejectment case requested owned by Solidon’s relatives
by Garcia o 80k payment, to be completed in 8 months
o Garcia confronted Manuel and after a serious exchange o 50k initial payment, paid immediately
of words, the latter refused to continue providing his o Remaining 30k to be paid upon Solidon’s
services, returned all the documents, yet still did not receipt of the certificate of title
return Garcia's money o Until the present date, Macalalad has not yet filed any
o The Court ruled that the respondent's actions erode the petition for registration over such property
public perception of the legal profession; they constitute o Solidon kept trying to contact Macalalad to
gross misconduct follow-up on the status of the case 6 months
o Ruling: Suspended for 6 months after the initial payment
o Macalalad contends that Solidon never tried to
Yu v. Tajanlangin contact him
o Atty. Tajanlangit was Yu's counsel for a criminal case o Rule 18.03 enjoins a lawyer not to neglect a legal matter
that resulted in his conviction and 30-year imprisonment entrusted to him, and his negligence in connection
o Instead of filing an appeal, Tajanlangit filed a petition therewith shall render him liable
for certiorari o “A lawyer so engaged to represent a client bears the
o Due to such error in the choice of remedy, the responsibility of protecting the latter’s interest with
period to appeal lapsed and Yu was made to suffer utmost diligence. The lawyer bears the duty to serve his
 client with competence and diligence, and to exert his of Alba, Romeo & Co. to conduct an audit at the expense
best efforts to protect, within the bounds of the law, the of Henson
interest of his or her client. Accordingly, competence, not o Jimenez and the heirs then filed a criminal complaint and
only in the knowledge of law, but also in the executed an affidavit against Briones for resisting and
management of the cases by giving these cases seriously disobeying the RTC
appropriate attention and due preparation, is expected o Briones filed an administrative complaint against Atty.
from a lawyer.” Jimenez for forum-shopping and violation of Canons 12
o Ruling: Macalalad suspended for 6 months and given a and 19 of the CPR
stern warning o Jimenez claims that he acted in good faith
o Only assisted the heirs in filing the criminal
Sps. Aranda v. Elayda complaint against herein complainant after the
o Spouses Aranda had a case against one Martin Gaballa latter ignored the demand letters sent to him
and availed the services of Atty. Elayda o “A lawyer owes his client the exercise of utmost
o Failed to attend the hearing on Feb 14, 2006 prudence and capability”
o Order for decision was submitted to Elayda but he o SC agrees that Jimenez is not guilty of forum-shopping
did not notify the spouses o Records show that Jimenez filed a special civil
o Due to Elayda’s inaction, a decision was rendered to the action assailing the Order of March 12, 2002
prejudice of the Arandas and the spouses were totally appointing the accounting firm of Alba, Romeo and
unaware of such decision Co. as auditor, and a regular appeal assailing the
o No notice of appeal was filed, hence, the judgment Order of April 3, 2002, insofar as it directed the
became final and executory payment of commission to complainant.
o Sheriff took the Arandas’ Pajero forcibly, pursuant to the o There is identity of parties but different causes of
judgment rendered action and reliefs sought; hence, there is no forum-
o Elayda reasons that the spouses failed to get in touch shopping committed
with him, therefore, he is not liable o SC agrees that there has been a violation of Canon 19 of
o “Elayda is duty-bound to uphold and safeguard the the CPR, because when Briones did not reply to the
interests of his clients. He should be conscientious, demand letters, Jimenez opted to file said criminal
competent, and diligent in handling cases. He should complaint in behalf of his clients for refusal to obey the
give adequate attention, care, and time to all the cases lawful order of the court
he is handling.” o Canon 19 provides that a lawyer’s performance of
o “Elayda was remiss of his duties and responsibilities as a his duties towards his client must be within the
member of the legal profession. His conduct shows that bounds of the law
he not only failed to exercise due diligence in handling o Rule 19.01 of the same Canon requires, among
his clients’ case but in fact abandoned his clients.” others, that a lawyer shall employ only fair and
o Ruling: Elayda is suspended for 6 months and given a honest means to attain the lawful objectives of his
stern warning client
o Ruling: Jimenez is reprimanded

CANON 19 RBCI Bohol v. Florido

o According to RBCI, Atty. Florido and his clients
Appearance – coming into court as a party either as a (Nazareno-Relampagos group), through force and
plaintiff or as a defendant, and asking relief therefrom intimidation, with the use of armed men, forcibly took
1. General Appearance – done by a lawyer for an act over the management and the premises of RBCI
except to question the jurisdiction of the court o Also forcibly evicted Garay, the bank manager,
2. Special Appearance – solely intended to question the destroyed the bank’s vault, and installed their own
staff to run the bank
jurisdiction of the court
o According to Florido, RBCI’s allegations are false
o Acted in accordance with the authority granted
Compromise – contract whereby the parties, by making
upon him by the Nazareno-Relampagos group, the
reciprocal concessions, avoid litigation or put an end to one lawfully elected Board of Directors
already commenced o RBCI failed to present evidence to prove such
allegations
Briones v. Jimenez o “The duty of a lawyer is not to his client but to the
o Complainant Atty. Briones is the special administrator of administration of justice. To that end, his client’s success
the estate of Luz Henson, and Atty. Jimenez is the is wholly subordinate.”
counsel for the heirs of Henson o Ruling: Florido is suspended for 1 year
o Jimenez filed with the RTC a notice of appeal,
questioning the payment of commission to Briones
o Jimenez also filed with the CA a petition for CANON 20
certiorari, prohibition, and mandamus, appointing the firm
An attorney's retaining lien is fully recognized if the CANON 21
presence of the following elements concur:
1. Lawyer-client relationship Confidence – information protected by the attorney-client
2. Lawful possession of the client's funds, documents and privilege
papers
3. Unsatisfied claim for attorney's fees Secret – other information gained in the professional
relationship that the client has requested to be held inviolate
Champertry – bargain by a stranger with a party to the suit, or the disclosure of which would be embarrassing or
by which such third person undertakes to carry on the detrimental to the client
litigation at his own cost and risk, in consideration of
receiving, if successful, part of the proceeds or suject sought
to be recovered CANON 22

Contingent Fee – fees conditioned for securing a favorable Requirements for Judicial Clemency
judgment and recovery of money or property, and the amount 1. There must be proof of remorse or reformation
of which may be on a percentage basis 2. Sufficient time has lapsed from the imposition of the
penalty to ensure a period of reform
Quantum meruit – literally means “as much as he deserves” 3. Age of the person asking for clemency must show that
and it is a device to prevent undue enrichment based on the he still has productive years ahead of him that can be put
equitable postulate that it is unjust for a person to retain to good use to redeem himself
benefit without paying for it 4. There must be a showing of promise, as well as potential
for public service
Miranda v. Carpio 5. There must be other relevant factors and circumstances
o Miranda is one of the owners of a parcel of land in Brgy. that may justify clemency
Lupang Uno, Las Pinas
o 1994: Initiated a case before the Land Registration Santeco v. Avance
Commission (LRC) for the registration of the property, o Santeco was the defendant in another action for
and the case was filed before the RTC ejectment in which the judgment was rendered against
o Engaged the services of Atty Carpio when his original her, where Atty. Avance was her counsel
counsel, Atty. Marquez, got into an accident and o Agreed on 12k acceptance fee, and Santeco was
therefore unable to become his counsel able to pay in full
o Agreed on 20k acceptance fee and 2k appearance o Avance refused to issue receipts for the payments
fee o In response to another Order from the Makati RTC,
o During the last hearing of the case, Carpio Avance charged an additional P3,900 to Santeco for the
demanded an additional 10k for the preparation of filing of a petition for certiorari
a memorandum o Later found out that no petition was ever filed
o Also demanded +20% of the total area of the o Avance continuously failed to appear for proceedings of
subject property as additional fees Santeco’s case, despite being notice of hearings being
o Miranda could not agree because he co-owns the sent to him
property with his siblings and he cannot agree to o Lupong Tagapayapa issued a certification to file an
Carpio’s demands without his siblings’ knowledge and action against Avance, alleging that he violated Canons
approval 18 and 22 of the CPR
o Decision was rendered and when Miranda went to the o “A lawyer owes his entire devotion to the interest of the
Registry to claim the Original Certificate of Title (OCT), client, warm zeal in the maintenance and defense of his
he learned that Carpio already claimed it client’s rights, and the exertion of his utmost learning and
o Miranda asked Carpio to return the certificate, but ability.”
the latter refused unless Miranda agrees to pay the o Ruling: Avance is suspended for 5 years and ordered to
additional demands return the 3,900 to Santeco
o Carpio registered an adverse claim on the subject OCT,
stating that the agreement on the payment of his legal Bun Siong Yao v. Aurelio
services was 20% of the property o Bun Siong Yao retained the services of Atty. Aurelio
o There was no proof of any agreement between Carpio (brother-in-law of Complainant’s wife) since 1987 as his
and his client that those additional demands shall be personal lawyer
paid in return for his legal services o Aurelio is a stockholder of Solar Farms & Livelihood
o Canon 20 mandates that a lawyer shall charge only fair Corp. and Solar Textile Fishing Corp. of which
and reasonable fees Complainant is a majority stockholder
o “It is highly improper for a lawyer to impose additional o Complainant purchased several parcels of land using his
professional fees upon his client which were never personal funds but registered them in the name of the
mentioned nor agreed upon at the time of the corporations, as advised by Aurelio
engagement of his services.” o Had a disagreement with Aurelio
o Ruling: Carpio is suspended for 6 months and warned o Aurelio demanded for the return of his investments
in the corporation
 o Complainant refused, so Aurelio filed charges for o Respondent Edmundo Macarubbo contracted a
Estafa and Falsification of Commercial Documents bigamous marriage with the Complainant
against him o Also contracted a third marriage with another woman
o Aurelio also filed a complaint of non-compliance while his first and second marriage were subsisting
with the reportorial requirements of the SEC with o Court disbarred him for such gross immoral conduct, but
the Office of the Prosecutor, against Complainant now he comes to the Court to ask for extraordinary
o Complainant alleged that Aurelio is handling cases of mercy
conflicting interests, while Aurelio contended that he is o Respondent has sufficiently shown remorse and
merely handling labor cases for the corporations and acknowledged his indiscretion in the legal profession and
there is therefore no professional relationship between in his personal life
him and Complainant o Asked for forgiveness from his children
o “The long-established rule is that an attorney is not o After disbarment, he went back to his hometown to
permitted to disclose communications made to him in his take care of his mother until her death
professional character by a client, unless the latter o Appointed by Mayor Enrile as private secretary
consents. This obligation to preserve the confidences o Part-time instructor in 2 different schools
and secrets of a client arises at the inception of their o Continues to give support to all his children
relationship. The protection given to the client is o Ruling: Reinstated
perpetual and does not cease with the termination of the
litigation, nor is it affected by the party's ceasing to
employ the attorney and retaining another, or by any RULE 138, Sections 20 and 27
other change of relation between them. It even survives
the death of the client.” Requirements for Admission to the Bar
o Ruling: Aurelio is suspended for 6 months 1. Good moral character
o There exists a relationship between the 2. Resident of the Philippines
Complainant and Aurelio 3. Citizen of the Philippines
o Brother-in-law of Complainant’s wife 4. At least 21 years of age
o Even before investing in these companies, he 5. No charge against him/her involving moral turpitude have
was already providing legal services to been filed or are pending before the court
Complainant 6. Academic requirements

Francisco v. Portugal In re: Argosino

o Plaintiffs Francisco, Tan, and Joaquin were involved in a o Al Argosino passed the Bar in 1993 but could not take
shooting incident his Oath due to a previous conviction of Reckless
o Resulted in the death of 2 people and caused Imprudence Resulting in Homicide
Serious Physical Injuries on another person o Death of a neophyte during a fraternity initiation
o Sandiganbayan found the plaintiffs guilty of 2 o Probation officer recommended his discharge
counts of homicide and 1 count of attempted o Submitted 15 different letters and certifications to show
homicide that he is a devout Catholic with a genuine concern for
o Filed a Motion for Reconsideration but was denied civic duties and public service
o Engaged the services of Atty. Portugal, who filed 2 more o “In allowing Argosino to take the Lawyer’s Oath, the
motions for them Court recognizes that Argosino is not inherently of bad
o Plaintiffs never heard from Portugal again moral fiber… the Court is persuaded that Argosino has
o Portugal avers that there was no formal engagement exerted all efforts to atone for the death of Raul
undertaken by the plaintiffs, but only because of his Camaligan.”
sincere effort and in true spirit of the Lawyer’s Oath did o Ruling: Argosino is allowed to take the Lawyer’s Oath
he file the Motion for Reconsideration
o Portugal wrote a letter to SPO1 Joaquin, informing the
latter of his Notice of Withdrawal from the case
o “The respondent’s conduct in dealing with the accused LAWYER’S OATH
complainants definitely fell short of the high standard of
assiduousness that a counsel must perform.” “I, ____ of ____ do solemnly swear that I will maintain
o Should have filed the Notice of Withdrawal with the allegiance to the Republic of the Philippines. I will support its
court by himself instead of asking Joaquin to do it Constitution and obey the laws as well as the legal orders of
for him through letter the duly constituted authorities therein. I will do no falsehood,
o “A client has the absolute right to terminate the nor consent to the doing of any in court. I will not wittingly nor
attorney-client relation at any time, with or without willingly promote or sue any groundless, false, or unlawful
case. The right of an attorney to withdraw or suit, or give aid nor consent to the same. I will delay no man
terminate the relation other than for sufficient cause for money or malice, and will conduct myself as a lawyer
is considerably restricted.” according to the best of my knowledge and discretion, with all
o Ruling: Portugal is suspended for 3 months good fidelity, as well to the courts as to my clients. And I will
impose upon myself these voluntary obligations without any
Macarubbo v. Macarubbo mental reservation or purpose of evasion. So help me God.”
Sps. Olbes v. Deciembre fact rom the complainants while collecting fees from
o Mrs. Olbes renewed her application for a loan (10k) and them for the purpose of prosecuting the appeal.”
delivered 5 blank checks to Atty. Deciembre which o Ruling: Suspended for 2 years and ordered to return the
serves as collateral for the approved loan sums paid by the complainants
o Paid around 14k to Deciembre for the loans plus
surcharges and interest that the latter issued a receipt for Chua and Hsia v. Mesina
o Deciembre still filled out the 4 remaining blank checks for o Atty. Mesina was the counsel of Sps. Chua for many
50k each, with different dates of maturity years
o Deciembre even filed a charge of Estafa and for violation o Complainants are lessees of a building in Burgos,
of B.P. No. 22 against Olbes for the amount of 100k Cabanatuan owned by Mesina’s family
o Filed another charge against Olbes for another 100k o Complainants constructed a house on the property
o “By taking the Lawyer’s Oath, an attorney becomes a in Melencio, in a lot also owned by Mesina’s family
guardian of truth and the rule of law, and an o Mrs. Mesina was unable to pay her obligation to the
indispensable instrument in the fair and impartial bank, so she asked help from Ana Chua
administration of justice. Lawyers should act and o In return, Sps. Chua may purchase the Melencio
comport themselves with honesty and integrity in a property for only P850 per sqm
manner beyond reproach, in order to promote the o Title was then issued for the Complainants over the
public’s faith in the legal profession.” Melencio property
o Ruling: Indefinitely suspended o One Juanito Tecson filed a complaint for Falsification of
Documents
De Guzman v. De Dios o He was also a lessee and was also promised the
o De Guzman hired Atty. De Dios as counsel to form a right to purchase the Melencio property
corporation (Suzuki Beach Hotel Inc.), with a retainer fee o Deed of Absolute Sale does not reflect the true
of P5k per month value of the property
o De Guzman later learned that her shares have been sold o Atty. Mesina’s plan: Complainants create a deed of sale
to a man named Ramon Del Rosario, which ousted her selling the property back to Mrs. Mesina, to circumvent
from the company the Falsification charge against her; and in 4 months
o Respondent rose to become the president of the they will transfer the deed back to the Sps. Chua’s
corporation, while De Guzman lost her investments names
o De Dios explains that she is the counsel of the SBHI o Failed to transfer back to the Spouses despite
Company, not of De Guzman, so there was no conflict of multiple follow-ups
interest o Atty. Mesina is guilty of gross misconduct because:
o SC does not agree; it was De Guzman who paid for o Abet activities aimed at the defiance of law
the retainer fees, not the company o Dishonesty
o “Considering that, of all classes and professions, lawyers o “A lawyer should not engage or participate in any
are most sacredly bound to uphold the law, it is unlawful, dishonest, immoral, or deceitful conduct. The
imperative that they live by the law. Accordingly, lawyers moral character he displayed when he applied for
who violate their oath and engage in deceitful conduct admission at the Bar must be maintained incessantly.”
have no place in the legal profession.” o Ruling: Disbarred
o “The Lawyer’s Oath is a source of obligations and any
violation thereof is a ground for suspension, disbarment, Toledo v. Abalos
or other disciplinary action.” o Atty. Abalos obtained from Toledo a loan for 20k payable
o Ruling: Suspended for 6 months with warning in 6 months with 5% monthly interest
o Toledo started demanding for payment after the lapse of
Melegrito v. Barba the agreed upon period, and even sought help from the
o Gonzales, owner of the greater portion of Hacienda IBP, but Abalos never answered
Esperanza, transferred certain portions thereof to his 3 o “The general rile is that a lawyer may not be suspended
daughters, who filed separate applications for the or disbarred, and the court may not ordinarily assume
registration of those portions jurisdiction to discipline him, for misconduct in his non-
o Such registrations were opposed by Complainant professional or private capacity.”
Melegrito and 230 other people o Because of her refusal to answer, Toledo had no
o Lower court ruled in favor of Gonzales twice, so choice but to ask help from the IBP
Melegrito hired Atty. Barba o Ruling: Suspended for 1 month
o Barba knew that the decision was final and unappealable
but still gave false hope to the complainants and Cojuangco v. Palma
accepted payments from them o Cojuango was a client of ACCRA Law and Atty. Palma
o “Respondent attorney is guilty of malpractice. He was the lawyer assigned to him; eventually employed
collected several thousand Pesos from the complainants Palma as his personal counsel
for the purpose of taking their cases to the Supreme o Palma grew close to the Cojuangco family
Court of the United States, but he never removed said o Dined with them, invited to their trips, hired to tutor
cases to that court or attempted to do so, because the their 22-year-old daughter Lisa
decision of this court had already become final and o Without knowledge of Lisa’s parents, Palma took her to
unappealable. He was guilty of deceit in concealing that Hongkong and married her there
 o Cojuangco was outraged because Palma was seek reconsideration of the action or ruling complained
already married here and has 3 children of.”
o Palma is guilty of immoral conduct because he o “In an administrative case, if the respondent judge must
abandoned his first family, lured an innocent girl to marry be disciplined for grave misconduct or any grave offense,
him, and misrepresented himself as a bachelor in HK the evidence against the miscreant magistrate should be
o Also took advantage of Lisa, who was apparently competent and should be derived from direct
diagnosed with psychological immaturity knowledge… Before a Judicial member could be faulted,
o “Undoubtedly, respondent’s act constitutes grossly it should only be after due investigation and after
immoral conduct, a ground for disbarment under Section presentation of the required quantum of evidence…”
27, Rule 138, of the Revised Rules of Court.” o “This Court must be unrelenting in weeding the Judiciary
o “There is no distinction as to whether the transgression is of unscrupulous magistrates, but it must also be quick in
committed in the lawyer’s professional capacity or in his dismissing administrative complaints which serve no
private life. This is because a lawyer may not divide his other purpose than to harass them.”
personality so as to be an attorney at one time and a o Ruling: Respondent’s request for reinvestigation is
mere citizen at another. Thus, not only his professional granted
activities, but even his private life, may at any time be the
subject of inquiry on the part of the proper authorities.” Bravo v. Morales
o Ruling: Disbarred o Judge Crispin Bravo, in the charge he filed against Atty.
Miguel Morales, alleged the following:
o He was the Acting Presiding Judge pf the MeTC
CODE OF JUDICIAL CONDUCT (Branch 17, Manila)
o He had acted discourteously and disrespectfully
towards Bravo
CANONS 1 AND 2 o He greets the court employees with a “good
morning ladies and gentlemen” after every flag
Individual judicial independence – focuses on each ceremony, mimicking Bravo in a squeaky, comical
particular case and seeks to insure his/her ability to decide voice
cases with autonomy within the constraints of the law o On March 22, 2004, Bravo saw that he was going
to do the mocking act again, so Bravo had him
Institutional judicial independence – focuses on the arrested preparatory to charging him with unjust
independence of the Judiciary as a branch of government vexation
and protects judges as a class o Bravo apologized to the crowd, and he shouted
back, “Sa akin hindi ka maga-apologize?”
Lachica v. Tormis o No arrest was effected that day because of the
o On September 20, 2005, Respondent Judge Rosabella intervention of Exec. Judge Myra Fernandez and
Tormis (of MTC Branch 4 of Cebu City) the Court: 2nd Vice Exec. Judge Tingraan Guiling
o Found her guilty of gross misconduct o His sympathizers circulated a manifesto among the
o Suspended her from office for 6 months without Union of the Clerks of Court denouncing the act of
salary and other benefits Bravo, but only 3 supported it
o Gave her a stern warning that a repetition of the o Morales averred that unjust vexation is not a continuing
same or similar acts shall be dealt with more offense and therefore, the warrantless arrest could not
severely be effected
o Based on the records, even before Respondent received o “At the bottom is the sad spectacle of 2 officials of the
a copy of such judgment, the same had already been Judiciary wasting the precious hours of the Court,
downloaded from the SC website and disseminated to including theirs, that could have otherwise been devoted
the local media to a more salutary productive judicial pursuit rather than
o Local newspaper Freeman bannered Respondent’s on petty wrangling that has no place in the judicial
6-month suspension system. They ought to be reminded that the nature and
o Banat News published an article in the local dialect responsibilities of the men and women in the Judiciary,
with reference to the same judgment as defined in different canons of conduct, are neither
o Respondent sent a letter to the Clerk of Court of the First mere rhetorical words nor idealistic sentiments but
Division requesting for a certified true copy of the working standards and attainable goals to be matched
judgment with actual needs.”
o Received a copy of the August 3, 2005 Resolution o Morales has filed 6 administrative cases against
requiring the parties to manifest whether they are Bravo
willing to submit the case for resolution based on o Bravo has filed 3 administrative cases against
the pleadings filed Morales
o This led her to believe that the case had not yet o While Bravo’s actions do not amount to grave abuse of
been resolved, so she filed a Manifestation praying authority, as urged by Morales
for reinvestigation and to be allowed to adduce o Like any normal person, he was carried away by
evidence his emotions
o “The essence of due process in administrative o Still, his conduct is not totally excusable
proceedings is the opportunity to explain one’s side or
o Ruling: Bravo is reprimanded with a warning and o Was unaware of the new filing rates so she has
Morales is fined for P2,000 for conduct unbecoming a been using the old ones
public officer o Was unable to always keep track of new entries
because some complainants would go straight to
In Re: Report on the Judicial and Financial Audit Conducted Sardido
in Koronadal MTC o Was not yet incumbent during the period wherein
o Judge Agustin Sardido of the MTC of Koronadal City cash bonds were not properly receipted
assumed office in 1988 and Clerk of Court Maxima Borja o Has no background in Accounting, which is why
assumed office in 2002, although the latter had been there were over-remittances to the Clerk of Court
employed therein since 1987 as clerk II and General Fund (CCGF) and Judiciary Development
stenographer Fund (JDF)
o Audit team learned the following: o Sardido explained that his habitual tardiness was
o Sardido often arrived late for work and on because of his designation as presiding judge in 4 other
Mondays, he would report only in the afternoons courts; but substantially admitted the material averments
o Because of this, court sessions were usually in all the other charges against him
scheduled only in the afternoons o “The administration of justice is circumscribed with a
o Sardido allowed Rufino Vargas, a non-employee of heavy burden of responsibility. It requires everyone
the court, to discharge the functions of a court involved in its dispensation, from the justices and judges
interpreter without prior approval of the Office of the to the lowliest clerks, to live up to the strictest standards
Court Administrator (OCA) of competence, integrity, and diligence in the public
o 32 civil cases remained undecided beyond the service.”
reglementary period of 90 days (or 30 days for o “There is a need for judges to decide cases promptly and
those falling under the Rules on Summary expeditiously… Justice delayed is justice denied.”
Procedure) o “The judge is the visible representation of the law, and
o 43 criminal cases remained undecided beyond the more importantly, of justice. It is from him that the people
90-day reglementary period draw their will and awareness to obey they law. For the
o The court was highly disorganized in its custody judge to return that regard, he must be the first to abide
exhibits; those turned over to Borja were merely by the law and weave an example for others to follow.”
kept inside her drawers without being inventoried o Ruling: Sardido is guilty of dishonesty, gross misconduct,
o The court allowed unauthorized people to receive and gross ignorance of the law, fined for P40,000, and
exhibits directed to remit P582,500 to the CCFF
o Sardido did not transmit to the provincial city o Inefficient for failing to decide on 75 cases within
Prosecutor the Resolutions and the Records of the reglementary period, some of which were
cases he had dismissed submitted as early as 1994
o Instead of resolving criminal cases pursuant to o Gross ignorance of the law for accepting B.P. No.
Section 3(d) of Rule 112 of the Revised Rules on 22 cases despite the fact that the corresponding
Criminal Procedure, Sardido archived the ones filing fees had yet to be collected and for not
under preliminary investigation knowing that prior approval of the OCA is required
o The Court also learned the following after the financial before allowing Vargas to assume the position of
audit: stenographer
o The court failed to collect filing fees for Estafa and o Gross ignorance of remedial law or willful
B.P. No. 22 cases disobedience of remedial law for failing to transmit
o From the previous Clerk of Court’s (Normandie the necessary Resolutions and Records to the
Ines) incumbency until Borja’s incumbency, several prosecutor after dismissing cases under preliminary
cash bonds have not been properly receipted investigation
o Sardido borrowed money from the court at least 4 o Grave misconduct for misappropriation of court
times, and in 1996, he borrowed P130,000 which funds, committed multiple times
he used to buy a car
o Cash bonds of P40,000 from People v. Ortiz and Re: Cases Submitted Before Judge Herrera
P32,000 from People v. Santos could not be o Judge Damaso Herrera, former Presiding Judge of RTC
released despite orders by the RTCs, because of Branch 24 of Binan, Laguna, filed an application for
the misappropriations optional retirement, which was approved on July 5, 2004
o Records show that the Clerk of Court Fiduciary o Then Court Administrator Presbitero Velasco, Jr. filed a
Fund (CCFF) turned over P495,527 to Sardido report indicating that a total of 55 cases submitted to
o Many other cases of misappropriation of funds and Herrera for decision remained undecided beyond the
over-remittance from the general fund, committed reglementary period, and the RTC failed to submit their
under Sardido’s incumbency as the MTC judge monthly records
o Ines explained that he was on leave during the period o Acting Clerk of Court Julian Orfiano explained that he
wherein receipts were not issued for certain cash bonds, was unable to submit the monthly reports because:
and that their entries were proved to be correct by the o Heavy case load, already totaling 1,076
Commission on Audit in South Cotabato o Late submission by the criminal and civil docket
o Borja explained that she… clerks of the required data for the preparation of
such reports
o Herrera explained that he was unable to decide the Ssangyong Musso Pick-up owned by Paul Casuga
cases because: (nephew of Judge Maria Clarita Tabin) collided head-on
o Prohibition for him to act under S.C. Circular No. along Marcos Highway, Baguio City
16 of December 2,1986, which states that “when o At the hospital, despite already getting a negative
a specified date of retirement is reached without result from the alcoholic breath examination, Tabin
the applicant receiving any notice of approval or kept insisting that Mrs. Gandeza’s driver was
denial of his application, he shall cease working intoxicated
or discharging his functions, unless directed o Later on, a new medical certificate was given,
otherwise” showing that the driver was under the influence of
o Heavy workload, lack of sufficient time, health liquor
reasons, and physical impossibility of complying o Tabin filed a criminal case against the driver, barely a
with the requirements week after the incident
o Unavailability of the stenographer notes o Mrs. Gandeza saw an employee of the Baguio MTC
o Ruling: Herrera is fined for P11,000 to be deducted from Branch 2 carrying outside the court premises a folder
the P40,000 withheld from his retirement benefit containing the criminal case filed against their driver;
o Guilty of undue delay in the disposition of pending employee said that it was requested by Tabin
cases o Tabin’s contentions:
o Gross inefficiency for failure to decide cases and o Did not influence the police or the Baguio General
for failure to request for extension Hospital to produce such medical certificate
o Borrowed the records because her sister did not
In re: Dizon have the money to hire a lawyer, and her intention
o Former Commissioner of Customs Alexander Padilla was merely to give updates about the case to her
brought a case against Respondent Judge Baltazar sister
Dizon for rendering an erroneous decision on the People o Denied that she filed a criminal case against the
v. Lo Chi Fai case, through gross incompetence and driver
gross ignorance of the law o Ruling: Tabin is guilty of impropriety, reprimanded and
o Lo Chi Fai and 5 other business associates from warned that repetition of the same or similar acts shall be
Japan and Hongkong separately brought foreign dealt with more severely
currencies to PH for a business venture and he o Interfered with the investigation
tried to declare his 50,000 USD and 8,500,000 Yen o Should have distanced herself from the case and
upon arrival but the Central Bank representative refrained from trying to help her sister
refused to accept the declaration. o Disregarded the rules on proper decorum at the
o Lo Chi Fai was apprehended with 355,349.57 USD expense of the integrity of the court
worth of foreign currencies while boarding a plan
for Hongkong Maceda v. Vasquez
o Dizon ordered the return of 3,000 USD out of the o Respondent Napoleon Abiera of PAO alleged the
355,349.57 USD seized, on the ground that C.B. following against Petitioner Judge Bonifacio Sanz
Circular No. 960 exempts this amount from seizure Maceda before the Office of the Ombudsman:
and forfeiture proceedings o 5 civil and 10 criminal cases have been submitted
o Circular requires that a tourist declare to him but he failed to render decisions for them
any foreign currency he is carrying if it within the reglementary period
exceeds 3,000 USD o Falsified his certificates of service for the months of
o Dizon erroneously ruled that the State must first prove February, April, May, June, July, and August 1989,
criminal intent to violate the law and benefit from the and the January to September 1990 (total of 17
illegal act, but what the Circular punishes is a mala months)
prohibita act, meaning, proof of malice or deliberate o Maceda contended the following:
intent is not necessary o He was granted an extension of 90 days to decide
o Dizon admits his mistake but explains that his judgment on those cases
was made in good faith o Ombudsman Conrado Vasquez has no jurisdiction
o Ruling: Previously suspended without pay, but now over this case since the charges arose from his
reinstated to office performance as a judge, which is under the control
o Dizon has been in the government service for more and supervision of the SC
than 26 years o Cannot follow the ruling in Orap v. Sandiganbayan
o Evidenced humble repentance and such erroneous because the investigation of the Ombudsman
act was not motivated by any improper would encroach the SC’s constitutional duty of
considerations supervision over all inferior courts
o “A judge cannot be held to account or answer, o “A judge who falsifies his certificate of service is
criminally, civilly, or administratively, for an administratively liable to the SC for serious misconduct
erroneous decision rendered by him in good faith” and inefficiency and criminally liable to the State under
the Revised Penal Code”
Gandeza v. Tabin o SC agrees that without filing a proper administrative
o A Mitsubishi Gallant owned by Atty. April Gandeza (wife action against Maceda, the Ombudsman’s investigation
of Complainant Atty. Conrado Gandeza) and a
 encroaches on the SC’s powers granted by Article VIII, o Falsely certified the status of pending cases to
Section 6, 1987 Constitution secure the payment of his salary
o Ruling: The Ombudsman must dismiss the complaint o Flordeliza explained:
filed by Abiera and refer the same to the SC for o The time taken by the stenographers in transcribing
appropriate action the notes for the cases should not be counted in
the computation of the 90-day period
o Vacation period should also be excluded from the
CANON 3 computation of such period
o Computation should begin to run from the date that
Impartiality – a state of mind of the judge where there is no the Clerk of Court has reported the case for
consciousness or sense of favor, bias, or prejudice against decision
any party in a case o Section 129 of the Administrative Code requires that
before leave shall be granted or salary shall be paid to
Notatu dignum – presumption of regularity in the any judge, he shall make a certificate that all cases and
performance of a judge’s functions, hence, bias, prejudice, proceedings which have been under submission for
and undue interest must first be proved determination or decision for a period of 90 days or more
have been determined and decided on or before the date
Disqualification – in accordance with Rule 137 of the Rules of the making of the certificate
of Court, a judge may be mandatorily disqualified from o According to the SC, based on this proviso,
handing a case wherein: vacation months should be included in the
1. He, his wife, or his child is/are pecuniarily interested as computation and the period should begin to run
heir, legatee, creditor, or otherwise from the submission of the case, without waiting for
2. He is related to either party within the 6th degree of the Clerk of Court to notify that the case has been
consanguinity or affinity, or to either of their counsel submitted
within the 4th civil degree o “The judge must cultivate capacity for quick decision.
3. He has been an executor, guardian, administrator, Habits of indecision must sedulously overcome. He must
trustee, or counsel not deny by slothfulness of mind or body the judgment to
4. He has presided in an inferior court where his ruling or which a party is entitled.”
decision is subject to review o Ruling: Flordeliza is admonished

Inhibition – when a judge disqualifies himself from handling Kilat v. Macias

a case for a just and valid reason o Kilat was a 16-year-old working high school student
when she met Judge Macias
Gutierrez v. Santos o Filed a charge against Macias for rape, immorality,
o A complaint against Ricardo Gutierrez was filed before and a violation of the Anti Child Abuse Law
the Secretary of Public Works and Communications o Allegedly tried to kiss her once in the car, and after
o Allegedly illegally constructed dams, dikes, and he offered her a job, he allegedly forced her to have
other obstructions across navigable waters and intercourse
communal fishing places in Pampanga o Macias denied the allegations
o Went to the CFI and filed a petition for prohibition o Ex-wife and enemies in the profession were the
against the Secretary ones helping Kilat file charges against Macias
o Case was assigned to Judge Santos o Ex-wife and other persons who had “selfish and
o Respondents in the CFI case moved for the personal axes to grind” were merely using Kilat to
disqualification of Judge Santos because: defame him
o Acted as counsel for fishpond owners like Gutierrez o Kilat was kidnapped and forced to sign documents
o Expressed views prejudicial or adverse to the to be used in the case against him
contention of the respondents o Kilat filed charges against the people who
o “Due process of law requires a hearing before an kidnapped her
impartial and disinterested tribunal, and that every litigant o SC dismissed the rape case because there was
is entitled to nothing less than the cold neutrality of an insufficient evidence to prove the same
impartial judge. Moreover, second only to the duty of o The kidnap case was raffled to the RTC branch presided
rendering a judge decision, is the duty of doing it in a by Macias, and he issued a warrant of arrest immediately
manner that will not arouse any suspicion as to its o The accused moved for the inhibition of Macias
fairness and the integrity of the judge.” because he is directly involved in the case
o Ruling: Santos should inhibit himself o Macias inhibited himself
o “A judge should administer his office with due regard to
In re: Flordeliza the integrity of the judicial system. He must not be
o Six lawyers filed a petition for the removal of Judge perceived as being a repository of arbitrary power but as
Flordeliza, a judge of the 16th Judicial District in one dispensing justice under the sanction of the rule of
Sorsogon law.”
o Guilty of delay and lack of diligence in the o Ruling: Macias should have inhibited himself, and for
disposition of the cases pending before him failure to do so, he is fined for P20,000
o Guilty of abuse of authority
 o Rule 137 mandatorily disqualifies a judge or judicial Judiciary should be beyond reproach and suspicion in
officer to sit in any case in which he, or his wife or their conduct, and should be free from any appearance
child, is pecuniarily interested as heir, legatee, of impropriety in the discharge of their official duties as
creditor, or otherwise well as in their personal behavior and everyday life.”
o One of the respondents in the kidnap case is the o Ruling: Judge Belen is guilty of impropriety
estranged wife of Macias, Mrs. Margie Corpus- o Was trying to use the prestige of his office to
Macias, and such conduct of Macias influence government officials and employees
“suspiciouslmells of vengeance and vindication” o Used the official letterhead, not for any official
purposes, but for his personal interest
Salcedo v. Bollozos
o Ruben Salcedo was supervising a construction in a Mercado v. Salcedo
private property when Jose Tanmalack and other armed o This is a compilation of administrative cases filed against
men entered the premises and threatened to kill Salcedo Judge Salcedo of RTC Branch 31 of Tagum City
and his workers o A.M. No. RTJ-03-1781: Judge Salcedo was
o Salcedo went to the nearest police station to report what accused of bias and gross partiality in handling the
happened investigation of an administrative case filed against
o Police arrested Tanmalack and brought him in for Judge Agayan
questioning o A.M. No. RTJ-03-1782: Prosecutor Velasco
o Tanmalack, with his sister representing him, filed a informed Chief Justice Davide Jr. the indictment of
petition for Writ of Habeas Corpus and Writ of the respondent judge for violation of the Anti
Amparo Fencing Law and recommended that appropriate
o Writ of Amparo caused his release administrative charges be initiated against him
o Salcedo contends that the writ was unusually issued with o Borrowed a car from someone who has a
haste and Judge Bollozos acted with grave abuse of case pending before his court
discretion, bias, and obvious partiality o A judge’s first and foremost duty is to conduct a thorough
o Tanmalack’s counsel (Atty. Ku) is a co-member of and objective investigation to make a complete report of
Bollozos in a Masonic fraternity his findings, regardless of his personal sentiments and
o Ruling: Case dismissed believes.
o Atty. Ku and Bollozos having the same Masonic o Ruling: Imposed a total fine of 120,000 (40k for each
fraternity does not prove that Bollozos acted with offense or violation for which he was found guilty)
bias and partiality
o “Bias and partiality can never be presumed Macias v. Macias
and must be proved with clear and convincing o Magie Corpus-Macias filed an administrative complaint
evidence… A complainant’s allegation of against her husband Judge Mariano Joaquin Macias for
partiality will not suffice in the absence of a immorality and conduct prejudicial to the best interest of
clear and convincing proof that will overcome the service
the presumption that the judge dispensed o Alleged that Judge Macias had an illicit relationship with
justice according to law and evidence, without Judilyn Seranillos, a single woman in her early 20s
fear or favor.” o Relationship continued until the time of the filing of
this complaint
o “Members of the Judiciary are not a class of their own,
CANON 4 sui generis, in the field of public service as to require a
higher degree of proof for the administrative cases filed
Propriety – conformity with prevailing customs and usages; against them, other than, perhaps, the fact that because
appropriateness of the nature of the responsibility judges have, they are
required to live up to a higher standard of integrity,
Belen v. Belen probity, and morality.”
o Judge Belen filed a case against the father of the o “Basic is the rule that in administrative proceedings,
petitioner for Estafa but it was dismissed due to lack of complainant bears the onus of establishing the
probable cause averments of her complaint.”
o Continued to threaten petitioner that he will keep filing o Ruling: Dismissed for lack of evidence, but Judge Macias
complaints against them is held administratively liable for unbecoming conduct
o Also wrote letters addressed to local government and fined for P10,000
authorities requesting for information on petitioner’s
piggery and poultry business, and telling them about the Burias v. Valencia
the petitioner’s violations of the National Building Code o Judge Valencia borrowed P5,000 and P2,500 from
and other environmental laws Burias, evidenced by promissory notes
o Letters made use of the letterhead indicating Judge o In 2005, Burias filed a civil case for Forcible Entry and
Belen’s government position: “From the Chamber damages
of Medel Arnaldo B. Belen, Presiding Judge, RTC o Judge Guan-Aragon was presiding, but inhibited
Branch 36, 4th Judicial Region, Calamba City” herself from the case
o “Judges shall avoid impropriety and the appearance of o Valencia took over the case and issued a pre-trial
impropriety in all their activities. Members of the conference
o Valencia borrowed another P15,000 and P3,000 from o Judge Bartolome and the Clerk of Court are both
Burias, evidenced by handwritten notes guilty of gross neglect of duty, and fined P40,000
o In 2007, Burias filed a motion for Valencia to inhibit each
himself, on the ground of delay in the resolution and the
apparent bias against Burias In re: Order of Judge Maceda
o Valencia denied the motion o Atty. Escabarte issued an inter-office memo to Loida
o Said the delay is due to the demise of her son Genabe (Legal Researcher) about her neglect in the
o Burias’ administrative complaint: following:
o Valencia endorsed and encashed a for the sum of o Leaving for Baguio to attend a seminar for legal
P5,000 provided by Burias, but the check was researchers without finishing her assigned tasks
dishonored when presented for payment o Did not finish the statement of facts for certain
o Valencia verbally demanded another P50,000 and criminal cases
that her P30,000 debt be written off in exchange for o During the staff meeting, Genabe denied the claims and
a favorable decision in the civil case said that she was not given sufficient time to finish her
o Valencia called her and threatened to release draft work
decisions favoring the other party in the civil case o Judge Bonifacio Sanz Maceda issued an order for
o “A judge shall refrain from financial and business Genabe for 30-day suspension, using authority in
dealings that tend to reflect adversely on the court’s disciplining the personnel of courts
impartiality, interfere with the proper performance of o Rulings:
judicial activities, or increase involvement with lawyers or o Genabe is guilty of simple neglect of duty, therefore
persons likely to come before the court.” shall be suspended without pay for 1 month and 1
o “Judges as models of law and justice are mandated to day
avoid, not only impropriety, but also the appearance of o Judge Maceda is fined for P12,000
impropriety, because their conduct affects the people’s o Chapter VIII, Section 1 of A.M. No. 03-8-03-
faith and confidence in the entire judicial system.” SC provides that, when judges are to
o Ruling: Valencia is fined for 20,000 discipline court personnel for light offenses,
their authority is limited to conducting an
inquiry only, and the case must be submitted
CANONS 5 AND 6 within 30 days to the OCA for their
recommendation
Diligence – quality of a person characterized by his earnest
willingness and capability to promptly do or undo what is Santiago v. Enriquez
required by the nature of the obligation or duty in accordance o Complainant Santiago filed a petition for reconstitution of
with existing rules a lost/destroyed original certificate before the RTC
o This was granted by Justice Gonzales-Sison but
Aquino-Simbulan v. Bartolome dissented by Justice Enriquez
o Mercado is the accused in a criminal case; Aquino- o Justice Velasco concurred with Justice Enriquez,
Simbulan was the presiding judge in an RTC in San until it became the majority opinion of their Special
Fernando, Pampanga where the case was raffled Division
o Aquino-Simbulan received an indorsement stating that o Decision was then reversed and set aside
the accused Mercado voluntarily surrendered before the o Santiago filed a motion for inhibition against Enriquez for
MTC of Sta. Maria, Bulacan and posted bail through deliberately twisting the law and jurisprudence to the
Summit Guarantee & Insurance Corp. approved by prejudice of Santiago
Judge Bartolome o Santiago now charges Enriquez for gross ignorance of
o The Clerk of Court lost and overlooked the subject the law
surety bond which resulted in the delay of its o “An administrative complaint is not an appropriate
transmission to the RTC remedy where judicial recourse is still available, unless
o Bartolome’s issuance of the order of release, the assailed order is tainted with fraud, malic, or
without a Certificate of Detention and an Arrest dishonesty. The act must be clearly indicative of the
Warrant attached to the documents arbitrariness. Failure to interpret the law or appreciate
o Clerk of Court admitted lapses and negligence in evidence presented does not necessarily render a judge
the processing of the bail administratively liable. Judicial immunity insulates
o “Judges should supervise all court personnel to ensure judges/justices from being criminally, civilly, and
prompt and efficient dispatch of business” administratively liable.”
o Rulings: o Ruling: Dismissed, because the proper remedy is to
o The approval of the bail was not proper assail the decision to a higher court and not to file an
o Bartolome violated Section 17 of Rule 114 administrative complaint
and failed to require Mercado to produce other
necessary documents 3D Industries v. Roxas
o No certificate issued, therefore, no legal
justification for Mercado’s release Ocampo v. Chua
o When Mercado was arrested, he should have
applied for bail in the Pampanga RTC Descallar v. Ramas
o Judge Ramas was the godfather and wedding sponsor of o No grave misconduct for the laying down of his own
Atty. Cerilles rules because this was done to improve the filing
o Cerilles had several pending cases before Judge Rama’s system of his RTC branch
court, including the People v. Dizon case involving one of o Using the chambers as living quarters is
his grandnephews understandable because he had to finish a lot of
o Cerilles went to Rama’s RTC to find out if the work
motion for reinvestigation filed by his o Uttering insulting words is a violation of the CJC
grandnephews was to be considered o “This is a violation of his duty to be corteous to
o Ramas was absent because his estranged wife has lawyers and litigants… Conduct in and out of
arrived the courtroom should be in constant
o According to Atty. Descallar, Ramas failed to indicate his observation.”
absences for May 12, 13, 24, and 27-30 in his certificate
of service
o “A judge’s submission of false certificates of service
seriously undermines and reflects on the honesty and
integrity expected of an officer of the court. This is so
because a certificate of service is not merely a means to
one’s paycheck but is an instrument by which the Court
can fulfill the constitutional mandate of the people’s right
to a speedy disposition of cases.”
o Ruling: Ramas is fined for P15,000 and given a warning

Tierra Firma Estate v. Quintin

o A complaint was filed against Judge Quintin for his
failure to decide a civil case within 30 days from the
submission date, as required under Rule 70, Section 9
o On Sept 14, 2000 complaint for unlawful detainer was
filed by Firma against Consumer Commodities, but
despite due notice, Judge Quintin failed to appear
o Despite motions for early resolution, judgment was not
rendered until July 10, 2001
o Judgment was rendered after 215 days
o Rules do not even allow him to entertain motions
o “Justice delayed is justice denied. Delay undermines
people’s confidence in the judiciary.”
o Ruling: Reprimanded and given a warning

Ricon v. Marquez
o Atty. Ricon filed a complaint against Judge Marquez for
the following acts which constitute grave abuse of
discretion and misconduct:
o Marquez called the employers who had worked for
more than 5 years “corrupt”
o Commenced a new hearing for the case only in
June 2002
o Laid down rules and regulations according to his
specifications, and when someone failed to follow,
he called them “tamad”
o Described his predecessors as “walang ginawa”
and called himself a “basurero” because he has to
pick up the mess left by his predecessors
o Gave unsatisfactory rating without valid ground
o Used the chambers as living quarters
o Marquez accused Ricon of falsifying a motion to lift the
warrant of arrest issued, and further avers that she has
full control and management over case records
o Ruling: Marquez is only liable for uttering vulgar words,
for which he is fined P1,000, and all other charges
against him are dismissed
o No grave abuse of discretion in the rating; he is
granted discretion to rate