Legal Ethics

Gonzales v. Cabucana A.C. NO. 6836, January 23, 2006 Conflict of Interest

FACTS: Leticia Gonzales filed a petition before the Integrated Bar of the Philippines (IBP) alleging that:  She was the complainant in a case for sum of money and damages (Civil Case No. 1-56) filed before the MTCC where she was represented by the law firm CABUCANA LAW OFFICE, with Atty. Edmar Cabucana handling the case… Read More Gonzales v. Cabucana A.C. NO. 6836, January 23, 2006 Conflict of Interest

Legal Ethics

ATTY. ISMAEL G. KHAN, JR. v. ATTY. RIZALINO T. SIMBILLO A.C. No. 5299, August 19, 2003 Elements that distinguish the Legal Profession from a Business

FACTS: This administrative complaint arose from a paid advertisement that appeared in the July 5, 2000 issue of the newspaper, Philippine Daily Inquirer, which reads: “ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667.” Ms. Ma. Theresa B. Espeleta, a staff member of the Public Information Office of the Supreme Court, called up the published telephone number and pretended… Read More ATTY. ISMAEL G. KHAN, JR. v. ATTY. RIZALINO T. SIMBILLO A.C. No. 5299, August 19, 2003 Elements that distinguish the Legal Profession from a Business

Legal Ethics

Maderada v. Judge Mediodea A.M. No. MTJ-02-1459, October 14, 2003 The Practice of Law

FACTS: A Complaint was filed by Imelda Y. Maderada against Judge Ernesto H. Mediodea wherein the judge was charged with “gross ignorance of the law amounting to grave misconduct” for failing “to observe and apply the Revised Rule on Summary Procedure” in Civil Case No. 252. Complainant filed an action for forcible entry with a… Read More Maderada v. Judge Mediodea A.M. No. MTJ-02-1459, October 14, 2003 The Practice of Law

Legal Ethics

ATTY. EDITA NOE-LACSAMANA v. ATTY. YOLANDO F. BUSMENTE A.C. No. 7269, November 23, 2011 Code of Professional Responsibility,  Illegal Practice of Law 

FACTS: Noe-Lacsamana alleged in her complaint that she was the counsel for Irene Bides, the plaintiff in a civil case before the RTC, while Busmente was the counsel for the defendant Imelda B. Ulaso (Ulaso).  Noe-Lacsamana alleged that Ulaso’s deed of sale over the property subject of the case was annulled, which resulted in the… Read More ATTY. EDITA NOE-LACSAMANA v. ATTY. YOLANDO F. BUSMENTE A.C. No. 7269, November 23, 2011 Code of Professional Responsibility,  Illegal Practice of Law 

Criminal Law, Legal Ethics, Remedial Law

HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

FACTS: Petitioner Elizabeth Horca was charged with the crime of Theft.  Sister Linda Jo Reynolds, a member of the Sisters of Providence, which is a religious congregation of women of the Roman Catholic Church, claimed that she procured the services of petitioner to be the group’s travel agent for a trip to Rome, Italy Sister… Read More HORCA v. PEOPLE GR No. 224316, Nov. 10, 2021 J. Hernando – Principal distinction between Theft and Estafa, Verification and Certification of Non-Forum Shopping,  The 2004 Rules on Notarial Practice

Legal Ethics

Ramirez v. Buhayang-Margallo A.C. No. 10537, February 3, 2015 Code of Professional Responsibility

FACTS: Complainant Reynaldo Ramirez alleged that he engaged Atty. Mercedes Buhayang- Margallo’s services as legal counsel in a civil case for Quieting of Title entitled “Spouses Roque v. Ramirez.” On October 19, 2006, the RTC promulgated a Decision adverse to Ramirez. Atty. Margallo advised him to appeal the judgment. She committed to file the Appeal… Read More Ramirez v. Buhayang-Margallo A.C. No. 10537, February 3, 2015 Code of Professional Responsibility

Legal Ethics, Remedial Law

PHILIPPINE NATIONAL CONSTRUCTION CORP. v. APAC MARKETING CORP G.R. No. 190957 June 5, 2013 Attorney’s Fees

FACTS: The present case involves a simple purchase transaction between defendant-appellant PNCC and plaintiff-appellee APAC involving crushed basalt rock delivered by plaintiff-appellee to defendant-appellant PNCC. Plaintiff-appellee filed with the trial court a complaint against defendants-appellees for collection of sum of money with damages. Defendants-appellants filed a motion to dismiss, alleging that the complaint was premature… Read More PHILIPPINE NATIONAL CONSTRUCTION CORP. v. APAC MARKETING CORP G.R. No. 190957 June 5, 2013 Attorney’s Fees

Legal Ethics

Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege

FACTS: Complainant Rosa F. Mercado’s husband filed a civil case for annulment of their marriage with the RTC of Pasig City. This annulment case had been dismissed and the same became final and executory on July 15, 1992. In August 1992, Atty. de Leon, counsel of the complainant died. Respondent  Atty. Julito D. Vitriolo entered… Read More Mercado v. Vitriolo A.C. No. 5108 May 26, 2005 Attorney-Client Privilege