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Showing posts with the label Legal Ethics

PRUDENCIO B. PORTUGUESE, JR VS. ATTY. JERRY R. CENTRO

 [ A.C. No. 12875, January 26, 2021 ] HERNANDO, J.: Disposition:      WHEREFORE, for violating the Lawyer's Oath and the Code of Professional Responsibility, Atty. Jerry R. Centro is hereby SUSPENDED from the practice of law for three (3) years and WARNED that a repetition of the same or similar act shall be dealt with more severely. Respondent is DIRECTED to file a Manifestation to this Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel. FACTS Respondent Atty. Centro was complainant Prudencio B. Portuguese, Jr.'s (Portuguese) counsel in Civil Case No. 717 pending before the Regional Trial Court (RTC), Branch 32 of Surigao City. Atty. Centro drafted and filed the Answer to the Complaint. Portuguese alleged that at the termination of the proceedings, the parties were required to file their memoranda. After several follow-ups, respondent informed Portuguese that the memorandum was ...

RE: REQUEST OF JUDGE NINO A. BATINGANA, REGIONAL TRIAL COURT, BRANCH 6, MATI, DAVAO ORIENTAL, FOR EXTENSION OF TIME TO DECIDE THE CIVIL ASPECT OF CRIMINAL CASE NUMBERS 4514, 4648, AND 4649.

 [ A.M. No. 07-4-188-RTC, January 27, 2021 ] INTING, J.: Disposition:    T he instant administrative case against the late Judge Nino A. Batingana is DISMISSED . Accordingly, his retirement benefits are ordered to be RELEASED to the heirs of the late Judge Nino A. Batingana. FACTS Judge Batingana subsequently sought more extensions of time to decide the criminal cases through a series of letters. Without complying with the Resolution dated February 27, 2008, Judge Batingana yet again wrote a few more letters respectively dated March 3, 2008, May 30, 2008, and August 20, 2008, each requesting for additional time to resolve the criminal cases. In a Resolution dated July 16, 2012, the Court reiterated for the last time the Resolution dated February 27, 2008 arid required Judge Batingana to comply therewith. The Court further denied his requests for extensions of time, as contained in his May 30, 2008 and August 20, 2008 letters. On October 3, 2018., Judge Batingana passed aw...

DAVID YU KIMTENG vs. ATTY. WALTER T. YOUNG

Summary: A disbarred lawyer's name cannot be part of a firm's name. A lawyer who appears under a firm name that contains a disbarred lawyer's name commits indirect contempt of court. FACTS: Through this Petition, petitioners ask that law firm, Young Revilla Gambol & Magat, and Judge Ofelia L. Calo (Judge Calo), be cited in contempt of court under Rule 71 of the Rules of Court. Anastacio Revilla, Jr. (Revilla) was disbarred on December 2009 in an En Banc Resolution of the court in A.C. No. 7054 entitled Que v. Atty. Revilla, Jr.   Young Revilla Gambol & Magat filed a Reply to the Opposition stating that the firm opted to retain Revilla's name in the firm name even after he had been disbarred, with the retention serving as an act of charity. Judge Calo overruled the opposition to the appearance of Young Revilla Gambol & Magat and stated that Atty. Young could still appear for the liquidator as long as his appearance was under the Young Law Firm an...

TERESITA P. FAJARDO vs. ATTY. NICANOR C. ALVAREZ

Summary: Lawyers are mandated to uphold, at all times, integrity and dignity in the practice of their profession. Respondent violated the oath he took when he proposed to gain a favorable outcome for complainant's case by resorting to his influence among staff in the Office where the case was pending. FACTS: Complainant Teresita P. Fajardo (Teresita) was the Municipal Treasurer of San Leonardo, Nueva Ecija. She hired respondent Atty. Nicanor C. Alvarez (Atty. Alvarez) to defend her in criminal and administrative cases before the Office of the Ombudsman. Atty. Alvarez was then working in the Legal Section of the National Center for Mental Health. He asked for P1,400,000.00 as acceptance fee. However, Atty. Alvarez did not enter his appearance before the Office of the Ombudsman nor sign any pleadings. Atty. Alvarez assured Teresita that he had friends connected with the Office of the Ombudsman who could help with dismissing her case for a certain fee. Atty. Alvarez said tha...