G.R. No. L-26868 – 136 Phil. 375 – 27 SCRA 106 – Legal Ethics – Duty of de oficio counsel Remigio Estebia was convicted of rape and was sentenced to death. In 1966, the Supreme Court appointed Atty. Lope Adriano as Estebia’s counsel on appeal. Adriano was directed to submit […]
case digest
G.R. No. 164953 – 517 Phil. 588 – 482 SCRA 396 – Legal Ethics – Duty of Counsel; Speedy Trial; Unreasonable delay of arraignment Political Law – Constitutional Law – Bill of Rights; Rights of the Accused – Right to Counsel de Oficio Even if Represented by Counsel de Parte […]
G.R. No. 118435 – 274 SCRA 553 – Legal Ethics – Duty of Counsel de Oficio Political Law – Constitutional Law – Bill Of Rights; Rights of the Accused – Right to Counsel; Limitations; Uncooperative Accused In January 1991, Mario Serzo, Jr. was arraigned scheduled for arraignment for murder but […]
A.C. No. 12424 – 880 Phil. 533 – Legal Ethics – Lawyers should do no falsehood; Duty to rectify client’s act In 2014, a certain Vincent shared with Atty. Michael Flores a fake court decision. The fake court decision stated that Ma. Herminia Tiongson is no longer the owner of […]
A.C. No. 11959 – 901 Phil. 1 – Legal Ethics – Duty of Lawyer to Inform Client; Do not “ghost” your client – When does lawyer-client relationship start? Eusebio Sison and Atty. Lourdes Philina Dumlao were friends. In July 2013, Sison consulted with Atty. Dumlao for the annulment of his […]
A.C. No. 12880 – 916 Phil. 174 – Legal Ethics – Conflict of Interest; Double-dealing Lawyer – Extrinsic Fraud In 2008, the Lanao del Norte Electric Cooperative (LANECO), through its board members (Reinario Bihag et al.) engaged the services of Atty. Edgardo Era for purposes of questioning the 1993 Provincial […]
A.C. No. 99-634 – 432 Phil. 840 – 383 SCRA 276 – Legal Ethics – Lawyer-Client Relationship – When does it start In September 1998, Dominador Burbe went to the law office of Atty. Alberto Magulta to avail of his legal services. Atty. Magulta rendered legal advice and even wrote […]
A.C. No. 12298 – 880 Phil. 474 – Legal Ethics – A lawyer shall not take advantage of his or her client In 2003, Felipe Laurel had a land dispute with his neighbor Azucena Laurel-Velez. Felipe then sought the legal assistance of Atty. Reymelio Delute, also his neighbor. Sometime thereafter, […]
G.R. No. 221457 – 868 Phil. 374 – Criminal Law – Special Penal Law – RA 9165 – Chain of Custody Legal Ethics – Duty to use culturally-sensitive language Gilbert Sebilleno was convicted of selling and possessing illegal drugs. He appealed his conviction before the CA as he questioned the […]
A.C. No. 5732 – 760 Phil. 14 – Legal Ethics – Lawyer must control handling of case Alfredo Olvida sought the services of Atty. Arnel Gonzales in the filing of a DARAB case against a negligent tenant. The DARAB required the parties in that case to file their respective position […]
A.C. No. 12447 – Legal Ethics – Appearance of Counsel; Appearance Without Authority Marivic Alacar and several others lost money and valuables when their place of work were taken over by the Manila Bay Development Corporation (MBDC). Their employer then introduced them to Atty. Socrates Rivera for legal assistance. Atty. […]
A.M. No. MTJ-95-1063 – 323 Phil. 438 – 329 Phil. 270 – Legal Ethics – Merit-Based Practice; Avoid Frivolous or Harassment Suits Alfonso Choa is a Chinese seeking Filipino naturalization. He filed a petition for naturalization with the assistance of Atty. Raymundo Quiroz. In his petition, he alleged, among others, […]
G.R. No. 216756 – 838 Phil. 461 – Legal Ethics – Appearance of Counsel – Collaborating Counsel – Appearance of Second Counsel Does Not Automatically Withdraw Appearance of First Counsel In 2002, the Bureau of Customs (BOC) filed a collections case against Mannequin International Corporation (MIC) and several other individuals […]
G.R. No. L-4659 – 91 Phil. 596 – Legal Ethics – Authority to Bind Client In August 1946, Dominga Salazar filed an ejectment case against Fausto Jarabe. Dominga was represented by Atty. Lourdes Paredes-Santiago. During trial, Atty. Paredes-Santiago moved for the approval of a compromise agreement signed by her for […]
G.R. No. 128646 – 447 Phil. 159 – 399 SCRA 83 – Legal Ethics – Appearance of Counsel – Presumption: Counsel in Lower Court is Counsel on Appeal In November 1994, Danilo Omega obtained a favorable judgment for the annulment of his marriage with Criselda Jose. Criselda was represented by […]
G.R. No. 167886 – 510 Phil. 839 – 474 SCRA 344 – Legal Ethics – Appearance of Counsel – Counsel May Appear Without Written Authority Land Bank and Pamintuan Development Co were parties in a case for determination of just compensation before the Department of Agrarian Reform Adjudication Board (DARAB). […]