#code of professional responsibility

The Lawyer’s Oath Is A Source Of The Obligations And Duties Of Every Lawyer. Any Violation Of The Oath May Be Punished With Either Disbarment, Or Suspension From The Practice Of Law, Or Other Commensurate Disciplinary Action…

The Case:

Because of several demand letters from the National Home Mortgage Finance Corporation regarding her unpaid obligations secured by a mortgage covering her property in Caloocan City, Carmelita, to forestall the foreclosure, authorised her children Verlita and Raymond to inquire from the NHFMC about the status of their loan.  There, they learned that that their obligation had ballooned to…

There Is No Distinction As To Whether The Transgression Is Committed In A Lawyer’s Private Life Or in His Professional Capacity, For a Lawyer May Not Divide His Personality As An Attorney At One Time And A Mere Citizen At Another…

The Case:

The case started with a judicial audit conducted on the sala of Judge Ildefonso Suerte of RTC Branch 60, Barili, Cebu.  The audit revealed that Mary Ann filed two separate petitions for declaration of nullity of her marriage, one with Branch 60, and another with RTC Branch 56.  In an En Banc resolution, the Court ordered the IBP to investigate Mary Ann for filing two petitions with…

Membership In The Bar Is A Privilege Burdened With Conditions…

The Case:

Arnold’s wife, Mariadel, was charged for qualified theft before the Mandaluyong City Prosecutor’s Office by BHF Pawnshop.  During the preliminary investigation, Atty. Sinamar Limos appeared as counsel for BHF.  To buy peace, the complainant initiated negotiation with BHF, through Atty. Limos, for a possible settlement. A meeting was arranged between the complainant and Atty. Limos, who…

A Lawyer Has The Duty To Deliver His Client’s Funds Or Properties As They Fall Due Or Upon Demand. His Failure To Return The Client’s Money Upon Demand Gives Rise To The Presumption That He has Misappropriated It For His Own Use To The Prejudice Of And in Violation Of The Trust Reposed In Him By The Client…

The Case:

Pedro, charged with murder before the Sandiganbayan, hired the services of Atty. Maria Nympha Mandagan.  The latter then demanded from him the amount of P300,000.00 which shall be used as bail bond in the event his petition for bail was granted, and another P10,000.00 as operating expenses.  Nevertheless, his petition for bail was denied.  Atty. Mandagan, instead of returning the…

Where The Notarization Of A Document Is Done By A Member Of The Philippine Bar At A Time When He Has No Authorization Or Commission To Do So, The Offender May Be Subjected To Disciplinary Action…

      The Case:

Sometime in February, 2006, the complainants, spouses Gacuya, approached Atty. Reyman Solbita and asked him to prepare a deed of sale of their property covered by TCT No. T-5925 in favour of the spouses Fernando and Marivic Gonzales.  After the deed was prepared, Atty. Solbita proposed that the notarisation of the deed of sale be antedated, as his notarial commission expired on…

While Every Office In The Government Service Is A Public Trust, No Position Exacts A Greater Demand On Moral Righteousness And Uprightness Of An Individual Than A Seat In The Judiciary…

The Case:

In a letter-complaint, the complainant averred that Judge Uyag Usman of the Sharia Cicuit Court of Pagadian City acquired a Kia Sorento SUV for P1,526,000.00; paid in cash the instalment, and the remaining balance payable in 48 months of P34,844 monthly amortisation, which could not be justified as he was recently appointed as Sharia Court judge; further he has seven children to…

Bob Ingersoll: The Law Is A Ass #386

DAREDEVIL IS GIVEN THE FINGER Truer words were never spoken; or put into a first-person narrative caption. You may recall that attorney – I mean I hope my old columns are at least a little memorable – Matt Murdock, who is secretly the super hero Daredevil, was recently disbarred in New York state after circumstances forced Matt to reveal publicly that he was Daredevil. When New York realized the…