Problem Areas In Legal Ethics

CRUZ v. MINA – G.R. No. 154207, April 27, 2007

Fact: Ferdinand A. Cruz (petitioner) filed before the MeTC a formal Entry of Appearance, as private prosecutor for Grave Threats, where his father, Mariano Cruz, is the complaining witness. The petitioner, describing himself as a third year law student, justifies his appearance as private prosecutor on the bases of Section 34 of Rule 138 ofContinue reading “CRUZ v. MINA – G.R. No. 154207, April 27, 2007”

Alawi v. Alauya – AM SDC-97-2-P. February 24, 1997

Fact: Complainant filed an Administrative case against the defendant for the following incident. 1. Imputation of malicious and libelous charges with no solid grounds through manifest ignorance and evident bad faith; 2. “Causing undue injury to, and blemishing her honor and established reputation 3. Unauthorized enjoyment of the privilege of free postage and Usurpation ofContinue reading “Alawi v. Alauya – AM SDC-97-2-P. February 24, 1997”

A. M. No. 139 March 28, 1983 – RE: ELMO S. ABAD, 1978 Successful Bar Examinee. ATTY. PROCOPIO S. BELTRAN, JR. President of the Philippine Trial Lawyers Association Inc. vs. ELMO S. ABAD

Fact: Respondent passed the bar and about to sign his Lawyer’s Oath when he was called by the Chief Justice and advised him to submit first an answer from a complaint against. Respondent while waiting for the decision of the SC on his case, receive invitation from the IBP-QC, assessment of membership dues, PTR, etc.Continue reading “A. M. No. 139 March 28, 1983 – RE: ELMO S. ABAD, 1978 Successful Bar Examinee. ATTY. PROCOPIO S. BELTRAN, JR. President of the Philippine Trial Lawyers Association Inc. vs. ELMO S. ABAD”

A.M. No. P-220 December 20, 1978 – JULIO ZETA vs. FELICISIMO MALINAO

Fact: A complaint against the Respondent was lodged in the CFI by a person named Julio Zeta. The complainant alleged that the respondent, not a member of the bar, appears in multiple occasion in various courts and constitute illegal practice of Law. All so, as a court employee, he falsifies his time sheet as presentContinue reading “A.M. No. P-220 December 20, 1978 – JULIO ZETA vs. FELICISIMO MALINAO”

B. M. No. 1036, June 10, 2003 – DONNA MARIE S. AGUIRRE vs. EDWIN L. RANA.

Fact: Complainant filed a complaint against the respondent for illegal practice of Law. Complainant aver that respondent appeared in multiple occasion and signed pleadings as a “counsel”. Respondent how recently passed the bar examination in 2000 averred that he appears for the alleged clients as a person who knows the law and not as aContinue reading “B. M. No. 1036, June 10, 2003 – DONNA MARIE S. AGUIRRE vs. EDWIN L. RANA.”

A.C. No. 7269, November 23, 2011 – ATTY. EDITA NOE-LACSAMANA, vs. ATTY. YOLANDO F. BUSMENTE,

Fact: Complainant and Respondent are opponent in a civil case when complainant inquired on the credentials of the Respondent’s alleged corroboration counsel Atty. Elizabeth Dela Rosa. It was found out the Dela Rosa is not a Lawyer and not authorized to practice law. Respondent defendant that she did not authorized Dela Rosa to appear inContinue reading “A.C. No. 7269, November 23, 2011 – ATTY. EDITA NOE-LACSAMANA, vs. ATTY. YOLANDO F. BUSMENTE,”

A.M. No. 08-6-352-RTC August 19, 2009

QUERY OF ATTY. KAREN M. SILVERIO-BUFFE, FORMER Clerk of Court – BRANCH 81, ROMBLON, ROMBLON – ON THE PROHIBITION FROM ENGAGING IN THE PRIVATE PRACTICE OF LAW. Fact: Atty. Silverio-Buffe questioned the law stating that retired members of the government were not allowed to practice their Profession for one year. As per Atty. Silverio-Buffe, theContinue reading “A.M. No. 08-6-352-RTC August 19, 2009”

Problem Areas in Legal Ethics

REQUIREMENTS BEFORE ADMISSION TO THE BAR OR PRACTICE OF LAW Query of Atty. Silverio-Buffe – AM No. 08-6-352-RTC (2009) “obey the law first before questioning its legality” Atty. Noe-Lacsamana v Atty. Busmente – AC No. 7269 (2011) ” Never aid anyone in an illegal practice of Law” Aguirre v Rana – BM No 1036 JuneContinue reading “Problem Areas in Legal Ethics”