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Facts:
Petitioner was a candidate for the position of Representative of
the 3rd legislative district of Negros Oriental during the May 14, 2007
elections.
Respondent Herminio G. Teves filed a petition to disqualify
petitioner on the ground that in Teves v. Sandiganbayan,3 he was
convicted of violating Section 3(h), Republic Act (R.A.) No. 3019, or
the Anti-Graft and Corrupt Practices Act, for possessing pecuniary
or financial interest in a cockpit, which is prohibited under Section
89(2) of the Local Government Code (LGC) of 1991.
Respondent alleged that petitioner is disqualified from running for
public office because he was convicted of a crime involving moral
turpitude which carries the accessory penalty of perpetual
disqualification from public office.
The COMELEC First Division disqualified petitioner from running
for the position of member of House of Representatives and ordered
the cancellation of his Certificate of Candidacy.
Upon MR, COMELEC en banc denied the motion saying that
since petitioner lost in the last 14 May 2007 congressional elections,
it thereby rendered the instant MR moot and academic.
Held: NO
Moral turpitude has been defined as everything which is done
contrary to justice, modesty, or good morals; an act of baseness,
vileness or depravity in the private and social duties which a man
owes his fellowmen, or to society in general.
The essential elements of the violation of said provision are as
follows: 1) The accused is a public officer; 2) he has a direct or
indirect financial or pecuniary interest in any business, contract or
transaction; 3) he either: a) intervenes or takes part in his official
capacity in connection with such interest, or b) is prohibited from
having such interest by the Constitution or by law.
Thus, there are two modes by which a public officer who has a
direct or indirect financial or pecuniary interest in any business,
contract, or transaction may violate Section 3(h) of R.A. 3019. The
first mode is when the public officer intervenes or takes part in his
official capacity in connection with his financial or pecuniary interest
in any business, contract, or transaction. The second mode is when
he is prohibited from having such an interest by the Constitution or
by law.
In Teves v. Sandiganbayan, petitioner was convicted under the
second mode for having pecuniary or financial interest in a cockpit
which is prohibited under Sec. 89(2) of the Local Government Code
of 1991.
The Court clarified that not every criminal act, however, involves
moral turpitude. It is for this reason that "as to what crime involves
moral turpitude, is for the Supreme Court to determine." In resolving
the foregoing question, the Court is guided by one of the general
rules that crimes mala in se involve moral turpitude, while crimes
mala prohibita do not.
the act itself, and not its prohibition by statute fixes the moral
turpitude.
RULE
139-B
OF
THE
RULES
OF
COURT,
DECISION
PER CURIAM:
Aggrieved, Ferraren filed with the Sandiganbayan in Criminal
This case resolves the question of whether or not the conviction of a
ground for his disbarment from the practice of law under Section 27,
conviction.2 Since
the
Court
treated
the
matter
as
an
ISSUE: The only issue presented in this case is whether or not Atty.
conduct only exacerbates his offense and shows that he falls short of
crime of falsification.
profession.12
Ruling: This Court has ruled that the crime of falsification of public
that the copy of Abastillas letter which Atty. Pactolin attached to his
therefore,
involves
moral
turpitude. Moral
includes
Abastillas letter, this Court held that the Sandiganbayan did not err in
concluding that it was Atty. Pactolin who falsified the letter. This Court
turpitude
This Courts decision in said falsification case had long become final
imposed only for the most imperative reasons and in clear cases of
10
as an officer of the court and a member of the bar. Yet this Court
Under Section 27, Rule 138 of the Rules of Court, a lawyer may be
turpitude.11
has confirmed that although his culpability for falsification has been
This Court once again reminds all lawyers that they, of all classes
and professions, are most sacredly bound to uphold the law.13 The
equally important,
especially in their dealings with their clients and the public at large,
14
his name REMOVED from the Rolls of Attorney. Let a copy of this
of the Bar Confidant, Integrated Bar of the Philippines and the Office
SO ORDERED.
Florendos act of having an affair with his clients wife manifested his
Elpidio Tiong V Atty. George M. Florendo
Atty. George Florendo has been serving as the lawyer of spouses
Elpidio and Ma. Elena Tiong. Elpidio, a US citizen is often times
away. For two years, he suspected that his wife and Atty.
Florendo were having an affair. Finally in 1995, he was able
to listen to a telephone conversation where he heard Atty. Florendo
mention amorous words to Ma. Elena. Atty. Florendo confronted the
two and both eventually admitted to their illicit relationship. Atty.
Florendo and Ma. Elena then executed and signed an affidavit, which
was later notarized, stating that they admit of their illicit relationship;
that they are seeking the forgiveness of their respective spouse.
Elpidio forgave Florendo and Ma. Elena. But nevertheless, Elpidio
disrespect for the laws on the sanctity of marriage and his own
marital vow of fidelity. It showed his utmost moral depravity and low
regard for the ethics of his profession. He violated the trust reposed
upon him by his client (Canon 17, Code of Professional
Responsibility). His illicit relationship with Ma. Elena amounts to a
disgraceful and grossly immoral conduct warranting disciplinary
action. Section 27, Rule 138 of the Rules of Court provides that an
attorney may be disbarred or suspended from his office for any
deceit, malpractice, or other gross misconduct in office, grossly
immoral conduct, among others. It cannot be also said, as he
claims, that their relationship is merely a moment of indiscretion
considering that their affair went on for more than two years.
Florendo was suspended for 6 months.
Facts:
Aurora Pineda filed for declaration of nullity of marriage
against Vinson Pineda. Aurora proposed a settlement regarding
visitation rights and the separation of properties which was accepted
by Vinson. Settlement was approved by the trial court and their
marriage was declared null and void.
Throughout the proceedings the respondent counsels were
compensated but they still billed petitioner additional legal fees in
amounting to P16.5M. Vinson refused to pay the additional fees but
instead paid P1.2M.
Respondents filed a complaint with the same trial court.
Trial court ordered Vinson to pay a total of P9M. CA reduced
the amount to a total of P2M.
Issues:
W/N the RTC had jurisdiction over the claim for additional
legal fees?
W/N respondents were entitled to additional legal fees?
Held:
A lawyer may enforce his right to his fees by filing the petition
as an incident of the main action. RTC has jurisdiction.
The respondents were seeking to collect P50M which was
10% of the value of the properties awarded to Vinson. What
respondents were demanding was additional payment for service
rendered in the same case.
The professional engagement between petitioner and
respondents was governed by quantum meruit.
Rule 20.4 of the Code of Professional Responsibility advises
lawyers to avoid controversies with clients concerning their
compensation and to resort to judicial action only to prevent
imposition, injustice or fraud. Suits to collect fees should be avoided
and should be filed only when circumstances force lawyers to resort
to it.
Ethics which provides that a lawyer may not properly agree with
a client to pay or bear the expenses of litigation. [See also Rule
16.04, Code of Professional Responsibility]. Although a lawyer may
in good faith, advance the expenses of litigation, the same
should be subject to reimbursement. The agreement between
respondent and the Fortunados, however, does not provide for
reimbursement to respondent of litigation expenses paid by him. An
agreement whereby an attorney agrees to pay expenses of
proceedings to enforce the clients rights is champertous
[citation omitted]. Such agreements are against public policy
especially where, as in this case, the attorney has agreed to carry on
the action at his own expense in consideration of some bargain to
have part of the thing in dispute [citation omitted]. The execution of
these contracts violates the fiduciary relationship between the lawyer
and his client, for which the former must incur administrative
sanctions.
water, the resultant swelling and flooding of Angat River, and the
consequent loss of lives of some of petitioners relatives and
destruction of his familys properties, for which he sought damages.
Of the 10 members of petitioners family who perished, only four
bodies were recovered and only petitioner and one of his sons,
German Rayos, survived.