Atty. Dyoga wrote in his column in the Philippine Daily Inquirer his view that the decision of the Supreme Court in a controversial “graft and corruption” case involving some government officials is incorrect and should be re-examined. The decision is not yet final.

Atty. Daya, one of the counsels for the involved government officials, filed a complaint for disbarment against Atty. Dyoga for violation of the sub judice rule and Canon 11 of the CPR that a lawyer shall observe and maintain the respect due to the courts.

Explain briefly the sub judice rule and rule on the disbarment case.

Atty. Palis is a newly admitted member of the Philippine Bar. Due to her heavy case load at GVUU Law Office, Atty. Palis delegated the preparation and signing of the motions for extension of time to the law office’s secretary, Mr. Anjo. On the signature page of the motions, it appears that Mr. Anjo signed for GVUU Law Office.

M, one of GVUU’s clients, expressed concern over the said practice. Atty. Palis reassured M that the law firm allows the same to efficiently manage the associates’ workload and that Mr. Anjo’s act is with her knowledge and authority.

In allowing Mr. Anjo to prepare the motions, did Atty. Palis violate the Code of Professional Responsibility?

Pauline was accused of the crime of murder before the RTC and was found guilty of homicide. Her counsel, Atty. Robles, told her that he will file an appeal before the Court of Appeals (CA) because he believes that the claim of self-defense of Pedro will be given merit by the appellate court and that he will be then be acquitted. Pauline explains that she is amenable to the penalty imposed upon him.

Despite the opposition of the accused, Atty. Robles went on with the appeal. The CA decided that the conviction should be for murder in view of aggravating and qualifying circumstances. A subsequent petition with the Supreme Court also proved futile. Pauline hires you to file a disbarment suit against Atty. Robles.

What canon or rule of the CPR will you use as ground for the suit?

Explain.

Gretchen filed a complaint for estafa against Marjorie alleging that she was the true and beneficial owner of the shares of stock of Barretto Realty Co (BRC) which was incorporated for the purpose of purchasing a residential house. Gretchen alleged that Marjorie sold the property and misappropriated the proceeds of the sale instead of remitting them to her.

In support of the case, Atty. Tria, BRC’s corporate counsel, executed an affidavit reiterating the factual averments. Marjorie was shocked upon reading the allegations and felt betrayed after reading the affidavit of Atty. Tria, whom she relied as her personal lawyer, seeking advice from Atty. Tria in various occasions.

This prompted Marjorie to file a disciplinary case against Atty. Tria for representing conflicting interests.

Rule on the case.

accused Juan Paolo, the losing mayoralty candidate. There was no private prosecutor and Magbutay personally handled the prosecution of the case from arraignment up to the presentation of the evidence for the accused. Before the trial, Robert approached Magbutay and confessed that he is the killer of the city mayor and not Juan Paolo. When the case was called for trial, Phillip manifested before the court that Robert approached him and admitted that he killed the mayor and asked the court for proper action.

The counsel for the accused took advantage of the presence of Robert, who was placed on the witness stand and elicited testimonial evidence. The court eventually acquitted Juan Paolo.

The heirs of the city mayor filed a disbarment case against Prosecutor Magbutay on the ground that it is his duty as a prosecutor to see to it that the criminal is convicted and punished. They believed Juan Paolo is the real killer and Robert was only a fall guy and that Juan Paolo could not have been acquitted were it not for the disclosure of Magbutay.

Rule on the disbarment case.

Jojo, a resident of Cavite, agreed to purchase the lot owned by Tristan, a resident of Bulacan. Atty. Agaton, Jojo’s lawyer who is also a notary public, prepared the Deed of Sale and Jojo signed the document in Cavite. Atty. Agaton then went to Bulacan to get the signature of Tristan. Thereafter, Atty. Agaton went back to his office in Cavite where he notarized the Deed of Sale.

Is the notarization legal and valid? Explain.

Atty. Baterna is a newly admitted member of the Philippine Bar. Due to her heavy case load at GVUU Law Office, Atty. Baterna delegated the preparation and signing of the motions for extension of time to the law office’s secretary, Mr. Anjo. On the signature page of the motions, it appears that Mr. Anjo signed for GVUU Law Office.

M, one of GVUU’s clients, expressed concern over the said practice. Atty. Baterna reassured M that the law firm allows the same to efficiently manage the associates’ workload and that Mr. Anjo’s act is with her knowledge and authority.

In allowing Mr. Anjo to sign the motions, did Atty. Baterna violate the Code of Professional Responsibility?

Attys Blancaver and Reblora allowed their secretaries to notarize documents in their stead, in violation of Sections 2455 and 2466 of the Notarial Law. Both were found guilty of violating Rule 1.02 Canon 1 of the CPR and the Lawyer’s Oath. The court suspended them from the practice of law for one year, revoked their notarial commissions and disqualified them from reappointment as notaries public for two years.

After the court suspended Atty Reblora from the practice of law, the COMELEC En banc issued a resolution suspending her from her position as Director IV of the COMELEC. According to the COMELEC En Banc, her suspension from the practice of law “prevented her from assuming her post for want of eligibility in the meantime that her authority to practice law is suspended.”

Atty. Reblora argued that she cannot be suspended for acts not connected with her functions as Regional Director, as her suspension did not included suspension from public office.

Rule on the case.

Atty. Liao, a lawyer and a notary public, notarized a document already prepared by spouses Rai and Robert, who were both friends of the former, when they approached him.

The said document stated that Rai and Robert, after a year from the celebration of their marriage, formally agree to live separately from each other and either one can have a live-in partner with full consent of the other. The document also states that any offspring that would result in any of the extra-marital relations by either shall be supported by both spouses.

Should Atty. Liao be held liable for violation of the CPR or the Rules on Notarial Practice?

You had taken your oath as a lawyer. The secretary to the president of a Adamson University offered to get you as the official notary public of the school. She explained that a lot of their students lost their identification cards and is required to secure an affidavit of loss before they can issue a new one. She claimed that it will be lucrative for you as more than 30 students lose their identification cards every month. However, in order for you to obtain these clients and for providing you with the information and referral, the secretary wants you to give half of your earning to her.

Will you agree to the arrangement?

In the course of a drinking spree with Atty. Antigo who has always been his counsel in business deals, Lorenzo bragged about his recent sexual adventures with socialites known for their expensive tastes. When Atty. Antigo asked Lorenzo how he manages to finance his escapades, the latter answered that he has been using the bank deposits of rich clients of Bank of the Philippine Islands where he works as a manager.

Is Simon’s revelation to Atty. Antigo covered by the attorney-client privilege? Explain.

X engaged the services of Atty. Habac to defend him in a criminal case for murder. During trial, when the defense was presenting its evidence, X admitted to Atty. Habac that he killed the victim in the case.

Atty. Habac withdrew from the case. X sued Atty. Habac for disbarment alleging that the latter violated Canon 15 of the CPR that "a lawyer shall observe candor, fairness and loyalty in all his dealing and transactions with his client" and Canon 17 of the CPR that "a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. "

Rule on the case and explain.

Ms. Cuadrazal engaged the services of Atty. Laygo for the purpose of filing an ejectment case against Ms. Gallos who has been illegally occupying her property in Manila. She gave Atty Laygo the aggregate amount of Php 35,000 intended to cover the filing fees for the action to be instituted. This is evidenced by a written acknowledgement executed by Atty. Laygo herself.

Despite payment, Atty. Laygo failed to file an action in court, explaining that the money given to her was not enough to fully pay for the filing fees in court. Ms. Cuadrazal alleged that when he persisted seeking restitution, Atty Laygo told her to shut up. Ms. Cuadrazal filed an administrative complaint seeking the return of the full amount she paid Atty. Laygo.

Atty. Laygo, in her defense, alleged that the initiatory pleading was already prepared and was about to file it when she discovered that the filing fee was costly.

Should Atty. Laygo be held administratively liable for violation of the CPR?

Attys. Laygo and Eizaguirre knew each other from lawschool and are the best of friends. One knew all of the other's secrets as well as their strengths and weaknesses as lawyers.

In one case being handled by both, the two did not agree on their course of action until their differences in strategies and approach resulted to a serious confrontation in front of their client. After advising their client, the client agreed Atty Eizaguirre strategy and fired Atty. Laygo as client.

Because of her anger, Atty. Laygo used her knowledge of confidential matters involving Atty Eizaguirre and filed a verified administrative complaint against her. In the course of investigation, the two reconciled and Atty. Laygo presented an affidavit of desistance which she identified on the witness stand.

What course of action should the investigator take? Explain.

Atty. Pedro was disbarred by resolution of the Supreme Court. His petition for reinstatement, filed five years later on the ground that he had reformed and that he had been sufficiently punished and disciplined, has remained unacted upon. In a proceeding for the probate of his father’s will, Atty. Pedro filed a formal opposition on his own behalf and sought to establish that the will was a forgery. His co-heir, brothers and sisters questioned his appearance by reason of his disbarment.

As judge of the probate court, you are called upon to resolve the issue. Reason out your answer.

Atty. Asado, just three years after he was admitted to the bar, was retained by Mr. Suhuko, a very wealthy businessman. In a civil case involving a land dispute, Atty. Asado tried his very best to obtain evidence to advance the cause of his client. Out of desperation and after persistent convincing from Mr. Suhuko, Atty. Asado falsified a deed of sale and subsequently introduced the same in court. His client obtained a favourable judgment from the lower court.

Atty. Bola, the opposing counsel, found out what Atty. Asado did to win his case and thereafter filed a complaint for disbarment against the latter. After due proceeedings, the Supreme Court suspended Atty. Asado for three years. Nearing the end of his period of suspension, Atty. Asado now comes to you for counsel.

As his lawyer, what guidelines must you follow in order to lift his order of suspension from the practice of law?

Atty. Liao is the head of the Provincial DILG Office in Isabela, Basilan. In view of the lack of lawyers and notaries public in the province and because of numerous requests that the DILG provide a notary public, Atty. Liao was constrained to apply for a commission for the RTC, which was granted.

He was able to notarize thousand of documents and affidavits until Atty. Amante, the only notary public in the province, charged Atty. Liao with misconduct and violation of the CPR.

Is the charge correct? Explain.

Alfea, a small town, has only two practicing lawyers, Attys. Reblora and Blancaver. Badong, a good friend of Judge Cuadrazal, requested the latter to notarize a deed of sale for his farm lot, because the two lawyers of their town charged exorbitant fees. Judge Cuadrazal notarized the document and charged P10.00 as fee. Atty Reblora then complained to the Supreme Court.

A. Will the complaint prosper?

B. Can Judge Cuadrazal charge a fee?

Alleging that Atty. Advincula seduced her when she was sixteen years old, which resulted in her pregnancy and the birth of a baby girl, Miss Ligaya filed a complaint for his disbarment seven years after the alleged seduction was committed.

Atty. Advincula contended that considering the period of delay that the complaint was filed, it can no longer be entertained much less prosecuted since the offense already prescribed.

If you were the investigator, what course of action would you take?

A disbarment complaint against a Atty. Maria was referred by the Supreme Court to a Judge of the Regional Trial Court for investigation, report and recommendation. On the date set for the hearing of the complaint, the Judge Jaime had the case called for trial in open court and proceeded to receive evidence for the complainant.

What would you have done if you were the counsel for the respondent lawyer, why?