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PROFESSIONAL
RESPONSIBILITY
INTEGRATED BAR OF THE
PHILIPPINES
A LAWYER SHALL
CANON
8
Rule 8.01
A lawyer shall
not
a. in his
professional
dealings,
b. use
language which
is abusive,
offensive or
otherwise
improper.
Rule 8.02
QUESTION:
a. directly or
indirectly, encroach
upon the
professional
employment of
another lawyer;
however
If a client
approaches a
lawyer seeking
relief from the
acts of his
neglectful
lawyer, what
should the
advise of the
lawyer be?
b. it is the right of
any lawyer, without
fear or favor, to give
proper advice and
assistance to those
seeking relief
against unfaithful or
neglectful counsel
a. advise her to
terminate the
services of the
neglectful lawyer
and/or
b. file an
administrative
case against the
latter.
It is the right of
any lawyer
without fear or
favor, to give
proper advice and
assistance to
those seeking
relief against
unfaithful or
neglectful counsel
Bugaring
vs
Espaol
349 SCRA 687
January 19, 2001
HELD
Builders, Inc.
Royal Becthel seeks to annotate at the back of certain certificates of title a
notice of lis pendens. Lis Pendens - A notice filed in the office of public
records that the ownership of real property is the subject of a legal
controversy and that anyone who purchases it takes it subject to any
claims asserted in the action and thereby its value might be diminished.
Before the Register of Deeds could comply with the Order of the trial court
granting the motion of Royal Bechtel, a motion to cancel the lis
pendens was filed and subsequently granted by the court.
Petitioner filed a Motion for Contempt of Court against the Register
of Deeds.
argues:
That he was not informed by the receiving clerk of their office regarding
the case and that the subpoena for the case of contempt was served to
him just the morning of the hearing.
Counsel for the Register of Deeds requested that they be given a period of
(During the hearing of this case, Atty. Bugaring brought a fellow operating a
video camera who was taking pictures of the proceedings of the case while
Atty. Bugaring insists on presenting their evidence to the Court while adverse
party does not have their formal written opposition yet)
COURT: (Banging the gavel) Will you listen.
ATTY. BUGARING: I am listening your Honor.
COURT: And this Court declares that you are out of order.
ATTY. BUGARING:Well, if that is the contention of the Court your
Honor please, we are all officers of the Court, your Honor, please, we
have also ---- and we know also our procedure, your Honor.
COURT:If you know your procedure then you follow the procedure of the
Court first and then do whatever you want.
ATTY.BUGARING:Yes, your Honor please, because we could feel the
antagonistic approach of the Court to this representation ever since
I appeared your Honor please and I put on record that I will be filing
an inhibition to this Hon. Court.
COURT:Do that right away.(Banging the gavel)
ATTY. BUGARING:Because we could not find any sort of justice in town. We
are ready to present our witness and we are deprive to present our witness.
COURT:With respect to this, the procedure of the Court is for the respondent
to file his comment.
ISSUE
Whether or not
the
declaration of
contempt of
court was
proper?
Was the fine
proper?
HELD
SC DECISION
The conduct of petitioner in persisting to have his documentary evidence
marked to the extent of interrupting the opposing counsel and the court
showed disrespect to said counsel and the court, was defiant of the courts
system for an orderly proceeding, and obstructed the administration of
justice.
Jardeleza
vs
Sereno
The power to punish for contempt is inherent in all courts and is essential to
the preservation of order in judicial proceedings and to the enforcement of
judgments, orders, and mandates of the court, and consequently, to the due
administration of justice; Direct contempt is committed in the presence
of or so near a court or judge, and can be punished summarily
without hearing.
Hence, petitioner cannot claim that there was irregularity in the actuation of
733 SCRA 279
respondent Judge in issuing the contempt order inside her chamber without
August
19,petitioner
2014
giving
the
the opportunity to defend himself or make an immediate
reconsideration. The records show that petitioner was cited in contempt of
court during the hearing in the sala of respondent judge, and he even filed a
motion for reconsideration of the contempt order on the same day.
A lawyer should not be carried away in espousing his clients cause
he should not forget that he is an officer of the court, bound to exert
every effort and placed under duty, to assist in the speedy and
Reyes
vs
Chiong Jr.
405 SCRA 212
July 01, 2003
Xu went into a business venture with Chia Hsien Pan who was
supposed to set up a fishball, tempura and seafood products
factory in Cebu. Xu discovered that the latter had not
established the factory so he asked that his money be
returned
Xu filed a Complaint for estafa against Pan. Prosecutor Pedro
B. Salanga issued a subpoena for Pan to appear for
preliminary investigation. Pan did not appear nor
submitted his counter-affidavit
Filed an Urgent
Motion to
Quash filed
the Warrant
of Arrest
but
Prosecutor
Salanga
a Criminal
Complaint
for Estafa
ATTY.
also filed a Civil
Complaint
for the collection of a sum
before
RTC Manila
of money and damages against Atty. Reyes, Xu and VICTORIA
Prosecutor Salanga
NO T.
Prosecutor Salanga was impleaded as an additional
defendant because of the irregularities the latter had
committed in conducting the criminal investigation
Atty. Ramon P. Reyes was impleaded because he allegedly
CHIONG,
JR. counsel
for Chia
Hsien Pan
ISSUE
Whether or not
Atty. Chiong
should be
suspended?
HELD
SC DECISION
Lawyers should treat their opposing counsels and other lawyers with
courtesy, dignity and civility; Any undue ill feeling between clients
should not influence counsels in their conduct and demeanor toward
each other. A great part of their comfort, as well as of their success at the
bar, depends upon their relations with their professional brethren. Since they
deal constantly with each other, they must treat one another with trust and
respect.
Law practitioners exhorted by the Lawyers Oath not to wittingly or
willingly promote or sue any groundless, false or unlawful suit, nor
give aid nor consent to the same.
While lawyers owe entire devotion to the interests of their clients,
their office does not permit violation of the law or any manner of
fraud or chicanery. Respondent claims that it was his client who insisted in
impleading complainant and Prosecutor Salanga. Such excuse is flimsy and
unacceptable. Their rendition of improper service invites stern and just
condemnation. Correspondingly, they advance the honor of their profession
and the best interests of their clients when they render service or give advice
that meets the strictest principles of moral law.
Jardeleza
vs
Sereno
733 SCRA 279
August 19, 2014
FRANCIS H.
JARDELEZA, petitioner
ISSUE
Does the
unanimity rule
apply in cases
where the main
point of contention
is the professional
judgment sans
charges or
implications of
immoral or corrupt
behavior?
HELD
SC DECISION
The basis for invocation of the rule was the "disagreement" in legal strategy
as expressed by a group of international lawyers. The approach taken by
Jardeleza in that case was opposed to that preferred by the legal team. For
said reason, criticism was hurled against his "integrity." The invocation of the
"unanimity rule" on integrity traces its roots to the exercise of his discretion
as a lawyer and nothing else. No connection was established linking his
choice of a legal strategy to a treacherous intent to trounce upon the
countrys interests or to betray the Constitution.
Jardeleza
vs
Verily, disagreement in legal opinion is but a normal, if not an essential
Sereno
form
of, interaction among members of the legal community. A lawyer has