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Utah Supreme Court Justice Resigns Amid Probe Into Alleged Relationship With Redistricting Attorney A major controversy has shaken the jud

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AREOLA V. MENDOZA AC No. 10135 January 15, 2014
Facts:
This refers to the administrative complainyt filed by Edgardo D. Areola (Areola) against Atty. Maria Vilma Mendoza (Atty. Mendoza), from the Public Attorney s Office (PAO) for violation of her attorney s oath of office, deceit, malpractice or other gross misconduct in office under Section 27, Rule 138 of the Revised Rules of Court, and for violation of the Code of Professional Responsibility. He alleged that on October 23, 2006, during Prisoners Week, Atty. Mendoza, visited the Antipolo City Jail and called all detainees with pending cases before the Regional Trial Court (RTC), Branch 73, Antipolo City where she was assigned, to attend her speech/lecture. Areola claimed that Atty. Mendoza stated the following during her speech:
"O kayong may mga kasong drugs na may pangpiyansa o pang- areglo ay maging praktikal sana kayo kung gusto ninyong makalaya agad. Upang makatiyak kayo na hindi masasayang ang pera ninyo ay sa akin ninyo ibigay o ng kamag-anak ninyo ang pera at ako na ang bahalang maglagay kay Judge Martin at Fiscal banqui; at kayong mga detenidong mga babae na no bail ang kaso sa drugs, iyak-iyakan lang ninyo si Judge Martin at palalayain na kayo. Malambot ang puso noon.”
Atty. Mendoza allegedly said that as she is handling more than 100 cases, all detainees should prepare and furnish her with their Sinumpaang Salaysay so that she may know the facts of their cases and their defenses and also to give her the necessary payment for their transcript of stenographic notes.
Atty. Mendoza admitted in her Answer that she advised her clients and their relatives to approach the judge and the fiscal "to beg and cry" so that their motions would be granted and their cases against them would be dismissed. To the Investigating Commissioner, this is highly unethical and improper as the act of Atty. Mendoza degrades the image of and lessens the confidence of the public in the judiciary.
Issue:
Whether or not respondent is guilty of gross misconduct or the code professional responsibility.
Ruling:
Yes. Atty. Mendoza admitted that she advised her clients to approach the judge and plead for compassion so that their motions would be granted. This admission corresponds to one of Areola’s charges against Atty. Mendoza?that she told her clients " Iyak-iyakan lang ninyo si Judge Martin at palalayain na kayo. Malambot ang puso noon." Atty. Mendoza made it appear that the judge is easily moved if a party resorts to dramatic antics such as begging and crying in order for their cases to be dismissed.
As such, the Court agrees with the IBP Board of Governors that Atty. Mendoza made irresponsible advices to her clients in violation of Rule 1.02 and Rule 15.07 of the Code of Professional Responsibility. It is the mandate of Rule 1.02 that "a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system." Rule 15.07 states that "a lawyer shall impress upon his client compliance with the laws and the principles of fairness.“
It must be remembered that a lawyer’s duty is not to his client but to the administration of justice. To that end, his client’s success is wholly subordinate. His conduct ought to and must always be scrupulously observant of the law and ethics. Any means, not honorable, fair and honest which is resorted to by the lawyer, even in the pursuit of his devotion to his client’s cause, is condemnable and unethical.
FACTORAN V. BARCELONA JR. AC No. 11069 June 08, 2016
Facts:
Complainant filed a complaint for qualified theft against Mendoza (et al) before the Provincial Prosecution Office of Alabel, Sarangani Province. The case was docketed as I.S. No. 04-211 and assigned for preliminary investigation to Prosecutor Faisal D. Amerkhan (Prosecutor Amerkhan).
Prosecutor Amerkhan forwarded the records of the case, together with his Resolution recommending the prosecution of Mendoza, et al. and the corresponding Information, to respondent for his approval and signature. However, respondent neither approved nor signed the resolution. Instead, he removed the case records from the office of the Provincial Prosecutor and brought them to his residence, where they were kept in his custody. It appears that the respondents in I.S. No. 04-211 were personally known to respondent, as Elezar is his cousin, while Mendoza, Sarcon, Arro, and Montero are his close friends.
Aggrieved, complainant soughtthe intervention of then Department of Justice (DOJ). Unfortunately, State Prosecutor Pinote could not take appropriate action on I.S. No. 04-211 as the case records were still in the possession of respondent who failed to turn them over despite the directive to do so.
On July 20, 2005, complainant learned that the case records had been turned over to the Provincial Prosecution Office but without Prosecutor Amerkhan's Resolution and Information. Neither did respondent approve nor act upon the same, prompting complainant to file the present complaint for disbarment against him.
Issue:
Whether or not respondent grounds exist to hold respondent administratively liable.
Ruling:
Yes. Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties.
In this case, respondent's accountability regarding I.S. No. 04-211 has been duly established. When Prosecutor Amerkhan forwarded to respondent the case records of I.S. No. 04-211, together with the resolution recommending the filing of the appropriate information in court, respondent failed to take action thereon, as records are bereft of evidence showing that he either approved or disapproved it. the Court notes respondent's defense that complainant was already aware beforehand that he (respondent) was inclined to disapprove the resolution prepared by Prosecutor Amerkhan, whom he ordered to conduct a clarificatory hearing on the case.
Absent any intelligent explanation as regards his lapses in the handling of I.S. No. 04-211 and his failure to timely return the case records thereof for further action, despite the directive to do so, it can only be inferred that respondent not merely failed, but obstinately and deliberately refused to perform his duties as a prosecutor. Such refusal, under the circumstances, evidently worked to the advantage of the respondents in I.S. No. 04-21.1 - which included respondent's cousin, Elezar - as the absence of the case records in the office of the Provincial Prosecutor resulted in the delay in the filing of the appropriate criminal information in court against them. Hence, it is apparent that respondent used his public position as a prosecutor to advance and protect the private interest of his relative, which is clearly proscribed in the CPR.