Legal Ethics

LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]

FACTS: Jun B. Luna filed a foreclosure case against one Jose Calvario alleging that Calvario borrowed P100,000.00 from Luna, and the loan was secured by a Deed of Real Estate Mortgage over a parcel of land in Quezon Province.  Due to non-payment of the loan, Luna filed the Complaint praying for payment of the obligation… Read More LUNA v. GALARRITA, A.C. No. 10662 [Formerly CBD Case No. 10-2654], July 07, 2015 Code of Professional Responsibility, Lawyer’s Oath [J. Leonen]

Legal Ethics

Sps. Causin v. Judge Demecillo A.M. No. RTJ-04-1860 September 8, 2004 Canon 2 of the Code of Judicial Conduct

FACTS: Spouses Florencio and Esther Causin filed a complaint against respondent RTC Judge Leonardo N. Demecillo, charging him with bias and partiality, violation of the Code of Judicial Conduct. The complaint stemmed from a 1994 case for quieting of title filed by Raul F. Lim, which was raffled off to the RTC, Branch 24, presided… Read More Sps. Causin v. Judge Demecillo A.M. No. RTJ-04-1860 September 8, 2004 Canon 2 of the Code of Judicial Conduct

Legal Ethics

Palalan CARP Farmers Multi-Purpose Cooperative v. Atty. Elmer A. Dela Rosa A.C. No. 12008 August 14, 2019 “SC Disbars Greedy Lawyer“

FACTS: Respondent Atty. Elmer A. Dela Rosa has been suspended from the practice of law for three (3) years effective September 26, 2016. His infractions consisted of borrowing a substantial amount of money from his client-spouses. Not only was he unable to pay despite demand, he even denied he owed them anything.  Atty. Elmer A.… Read More Palalan CARP Farmers Multi-Purpose Cooperative v. Atty. Elmer A. Dela Rosa A.C. No. 12008 August 14, 2019 “SC Disbars Greedy Lawyer“

Legal Ethics

EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

FACTS: Eugenio E. Cortez engaged the services of Atty. Cortes as his counsel in an illegal dismissal case against Philippine Explosives Corporation (PEC). He further alleged that he and Atty. Cortes had a handshake agreement on a 12% contingency fee as and by way of attorney’s fees. The case was decided in favor of complainant.… Read More EUGENIO E. CORTEZ v. ATTY. HERNANDO P. CORTES March 12, 2018 A.C. No. 9119 Contingency Fee, Quantum Meruit

Legal Ethics

SPOUSES JACINTO v. ATTY. EMELIE P. BANGOT, JR. A.C. No. 8494, October 05, 2016, Lawyer Suspended for 5 years for violation of the Lawyer’s Oath

FACTS: Complainants sought the services of respondent in a case for reconstitution of title. Respondent agreed if the complainants will give him a portion of their land as his fee for filing a petition for certiorari to nullify the order for the reconstitution of the lost title. The complainants agreed to give him a 250… Read More SPOUSES JACINTO v. ATTY. EMELIE P. BANGOT, JR. A.C. No. 8494, October 05, 2016, Lawyer Suspended for 5 years for violation of the Lawyer’s Oath

Bar Q & A, Legal Ethics

2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

I. Define the following terms: (4%) (A) counsel de oficio (B) counsel de parte (C) amicus curiae (D) attorney of record SUGGESTED ANSWER (A) counsel de officio – a lawyer appointed by the court to represent a party who cannot afford to secure a lawyer to represent him in a case. (B) counsel de parte… Read More 2015 Bar Exam Suggested Answers in Legal Ethics by the UP Law Complex

Legal Ethics

EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION (ETCHA) vs. ATTY. MICHAEL DIONEDA Adm. Case No. 5162. March 20, 2003

FACTS: On 29 September 1997 ECTHA and respondent Dioneda entered into a Retainer’s Agreement wherein respondent lawyer agreed to handle the case of the complainant against LVF Realty, Mr. Tinsay and BPI Family Savings Bank by way of filing a Complaint-in-Intervention, for P20,000.00 as attorney’s fees and P1,000.00 as appearance fee per hearing. It was… Read More EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION (ETCHA) vs. ATTY. MICHAEL DIONEDA Adm. Case No. 5162. March 20, 2003

Legal Ethics

LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

  FACTS: Lothar Schulz, a German national filed a verified complaint for disbarment against Atty. Marcelo G. Flores.  He alleged that he engaged the services of respondent for the purposes of filing a complaint against Wilson Ong for revocation of contract and damages for the latter’s failure to deliver the jeep he sold to complainant… Read More LOTHAR SCHULZ vs. ATTY. MARCELO G. FLORES A.C. No. 4219. December 8, 2003 Legal Ethics

Legal Ethics

BARNACHEA vs. ATTY. EDWIN T. QUIOCHO A.M. No. 5925. March 11, 2003 Code of Professional Responsibility

FACTS: Respondent had not been in the private practice of the law for quite some time.  However, in September 2001, he decided to revive his legal practice with some associates.  Complainant engaged the legal services of respondent for the latter to cause the transfer under her name of the title over a property covered by… Read More BARNACHEA vs. ATTY. EDWIN T. QUIOCHO A.M. No. 5925. March 11, 2003 Code of Professional Responsibility

Legal Ethics

Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee

FACTS: This is an appeal from the order of the CFI of Cebu denying the petition for the cancellation of an adverse claim registered by the adverse claimant on the transfer certificate of title of the petitioners. Atty. Fernandez was retained as counsel by petitioner, Maximo Abarquez, in a Civil Case for the annulment of… Read More Director vs. Ababa G.R. No. L-26096 February 27, 1979 Legal Ethics, Attorney’s Lien, Contingent Fee