Canon 2 Digests (Ledesma, Tagorda, Ulep)

8/3/2019 Canon 2 Digests (Ledesma, Tagorda, Ulep)

1/12

TAKE NOTE: Medyo detailed at mahaba ang digests ko kasi for recitpurposes. Shorter versions are in the reviewer we photocopied. YesChar? Yes Char.

June 28, 1974

ADELINO H. LEDESMA, petitioner,vs.HON. RAFAEL C. CLIMACO, Presiding Judge of the Court of FirstInstance of Negros Occidental, Branch I, Silay City, respondent.

FERNANDO,J.

FACTS:

On October 13, 1964, petitioner was appointed Election Registrar for

the Municipality of Cadiz, Province of Negros Occidental. As he was counsel de parte for one of the accused in a case pending in

the sala of respondent Judge, he filed a motion to withdraw as such.

Not only did respondent Judge deny such motion, but he alsoappointed him counsel de oficio for the two defendants.

o The principal reason for the denial of the motion was because of

the effect of delay on the case, especially since there had beenat least 10 postponements.

o When counsel assumed office, he knew that the trial would be

resumed soon.o There was no incompatibility between the duty of petitioner to

the accused and to the court and the performance of his task asan election registrar of the Commission on Elections and that theends of justice "would be served by allowing and requiring Mr.Ledesma to continue as counsel de oficio, since the prosecutionhas already rested its case."

On November 3, 1964, petitioner filed an urgent motion to be allowedto withdraw as counsel de oficio, premised on the policy of theCommission on Elections to require full time service as well as on thevolume or pressure of work of petitioner, which could prevent him fromhandling adequately the defense.

Thereafter, petitioner instituted this certiorari proceeding.

ISSUE: WON Ledesma should be excused from being counsel de oficio in thecriminal cases?

HELD: No.

RATIO:


2/12

Petitioner was less than duly mindful of his obligation as counsel deoficio.

He ought to have known that membership in the bar is a privilegeburdened with conditions.

It makes even more manifest that law is indeed a profession dedicated

to the ideal of service and not a mere trade. "membership in the bar carries with it a responsibility to live up to its

exacting standard. The law is a profession, not a trade or a craft. Thoseenrolled in its ranks are called upon to aid in the performance of one ofthe basic purposes of the State, the administration of justice. To avoidany frustration thereof, especially in the case of an indigentdefendant, a lawyer may be required to act as counsel deoficio

"This Court should exact from its officers and subordinates the mostscrupulous performance of their official duties, especially whennegligence in the performance of those duties necessarily results in

delays in the prosecution of criminal cases ...."

As counsel de oficio, he has as high a duty to the accused as oneemployed and paid by defendant himself.

In criminal cases there can be no fair hearing unless the accused begiven an opportunity to be heard by counsel without counsel, he maybe convicted not because he is guilty but because he does not knowhow to establish his innocence.

It is for this reason that the right to be assisted by counsel is deemedso important that it has become a constitutional right.

SC: Considering what has been set forth above, that petitioner should

exert himself sufficiently to perform his task as defense counsel withcompetence, if not with zeal, if only to erase doubts as to his fitness toremain a member of the profession in good standing.

March 23, 1929

In re: LUIS B. TAGORDA

MALCOLM,J.:

FACTS:

Respondent Luis B. Tagorda, is a practicing attorney and a member ofthe provincial board of Isabela. He admits that previous to the lastgeneral elections he made use of a card written in Spanish and Ilocano,which included his name, his profession (attorney and notary public,etc.) and a note which included:

o As notary public-


3/12

He can execute for you a deed of sale for the purchase ofland as required by the cadastral office

He can renew lost documents of your animals

He can make your application and final requisites for yourhomestead

He can execute any kind of affidavito As a lawyer

He can help you collect your loans although long overdue,as well as any complaint for or against you.

o Come or write to him in his town, Echague, Isabela. He offers

free consultation, and is willing to help and serve the poor.

The respondent further admits that he is the author of a letteraddressed to a lieutenant of barrio in his home municipality written inIlocano, which includes:

o Informing the lieutenant of the approaching date for their

induction into office as members of the Provincial Board.o That before this, he would welcome the lieutenants suggestions

or recommendations for the good of the province and that thelatter can come to his house with the suggestions at any time.

o Informing the said lieutenant that he will beattending the

sessions of the Board of Ilagan but will continue to maintain hisresidence in Echague to serve the people as a lawyer and notarypublic

o Informing the lieutenant that he will continue to receive any work

regarding preparations of documents of contract of sales andaffidavits to be sworn to before me as notary public even on

Sundays.o That because of his membership of the Board, people believe

that he will be disqualified to exercise his profession as lawyerand as notary public, that such is not the case.

o Requesting that the lieutenant to transmit this information to the

barrio people in any of their meetings or social gatherings.o Lastly, that he will be willing to handle the work in court and

would charge only three pesos for every registration in case thepeople have not contracted the services of other lawyers.

ISSUES: WON Tagorda is guilty of malpractice for soliciting employment.

(Advertising)*WON Tagorda should be disbarred?**

HELD: Yes. No. He is suspended from the practice as an attorney-at-law forthe period of one month.

RATIO:


4/12

*Section 21 of the Code of Civil Procedure states that "The practice ofsoliciting cases at law for the purpose of gain, either personally orthrough paid agents or brokers, constitutes malpractice."

Canons 27 and 28 of the Canons of Professionals Ethics state that:o 27 ADVERTISING, DIRECT OR INDIRECT.

The most worthy and effective advertisementpossible is the establishment of a well-merited reputationfor professional capacity and fidelity to trust.

This cannot be forced, but must be the outcome ofcharacter and conduct.

The publication or circulation of ordinary simple businesscards is notper se improper.

Solicitation of business by circulars or advertisements, orby personal communications or interview not warranted bypersonal relations, is unprofessional.

Indirect advertisement for business by furnishing orinspiring newspaper comments concerning the manner oftheir conduct, the magnitude of the interest involved, theimportance of the lawyer's position, and all other like self-laudation, defy the traditions and lower the tone of ourhigh calling, and are intolerable.

o 28 STIRRING UP LITIGATION, DIRECTLY OR THROUGH AGENTS.

It is unprofessional for a lawyer to volunteer advice tobring a lawsuit, except in rare cases where ties of blood,relationship or trust make it his duty to do so.

Stirring up strife and litigation is not only unprofessional,

but it is indictable at common law. The offender may bedisbarred.

The law is a profession and not a business. The lawyer may not seek orobtain employment by himself or through others for to do so would beunprofessional. It is destructive of the honor of a great profession. Itlowers the standards of that profession. It works against the confidenceof the community in the integrity of the members of the bar. It resultsin needless litigation.

**The solicitation of employment by an attorney is a ground fordisbarment or suspension.

In applying the aforementioned laws, the respondent stands convicted

of having solicited cases in defiance of the law and those canons. However, there are mitigating circumstances working in favor of the

respondent:o He was unaware of the impropriety of his acts

o His youth and inexperience at the bar

o His promise not to commit a similar mistake in the future


5/12

Separate Opinions:

OSTRAND,J., dissenting:

I dissent. Under the circumstances of the case a reprimand would have been

sufficient punishment.

June 17, 1993

MAURICIO C. ULEP, petitioner,vs.THE LEGAL CLINIC, INC., respondent.

REGALADO,J.:

FACTS:

Petitioner prays this Court "to order the respondent to cease and desistfrom issuing advertisements similar to or of the same tenor as that ofannexes "A" (Secret Marriages, Divorces, and Annulments) and "B"(Guam Divorce) and to perpetually prohibit persons or entities frommaking advertisements pertaining to the exercise of the law professionother than those allowed by law."

Petitioner submits that the advertisements above reproduced arechampterous, unethical, demeaning of the law profession, anddestructive of the confidence of the community in the integrity of themembers of the bar.

Respondent admits the fact of publication of said advertisement, butclaims that it is not engaged in the practice of law but in the renderingof "legal support services" through paralegals with the use of moderncomputers and electronic machines.

Considering the critical implications on the legal profession of theissues raised in this petition, the Court required the (1) Integrated Barof the Philippines (IBP), (2) Philippine Bar Association (PBA), (3)Philippine Lawyers' Association (PLA), (4) U.P. Womens Lawyers' Circle(WILOCI), (5) Women Lawyers Association of the Philippines (WLAP),and (6) Federacion International de Abogadas (FIDA) to submit theirrespective position papers on the controversy and, thereafter, theirmemoranda.

ISSUES: 1. WON the services offered by respondents as advertised by itconstitutes practice of law.

2. WON the services can properly be the subject of advertisements.


6/12

HELD: Yes. No. The Court resolved to RESTRAIN and ENJOIN hereinrespondent, The Legal Clinic, Inc., from issuing or causing the publication ordissemination of any advertisement in any form which is of the same orsimilar tenor and purpose as Annexes "A" and "B" of this petition, and fromconducting, directly or indirectly, any activity, operation or transaction

proscribed by law or the Code of Professional Ethics as indicated herein.

RATIO:

Organization

Response to Issue 1 Response to Issue 2

IBP "Legal support services" and"Legal services" areessentially without substantialdistinction.

While the respondentrepeatedly denies that itoffers legal services to thepublic, the advertisements inquestion give the impressionthat respondent is offeringlegal services.

The advertisements inquestion leave no room fordoubt in the minds of the

reading public that legalservices are being offered bylawyers, whether true or not.

The advertisements in questionare meant to induce theperformance of acts contrary tolaw, morals, public order andpublic policy.

By simply reading thequestioned advertisements, it isobvious that the message beingconveyed is that Filipinos canavoid the legal consequences ofa marriage celebrated inaccordance with our law, bysimply going to Guam for adivorce.

This is not only misleading, butencourages, or serves to induce,violation of Philippine law.

This can be considered "the darkside" of legal practice, wherecertain defects in Philippine lawsare exploited for the sake ofprofit.

This is outright malpractice.

PBA Respondent's acts of holdingout itself to the public underthe trade name "The LegalClinic, Inc.," and solicitingemployment for itsenumerated services fallwithin the realm of a practicewhich thus yields itself to the

---


7/12

regulatory powers of theSupreme Court.

From all indications,respondent "The Legal Clinic,

Inc." is offering and renderinglegal services through itsreserve of lawyers. It hasbeen held that the practice oflaw is not limited to theconduct of cases in court, butincludes drawing of deeds,incorporation, renderingopinions, and advisingclients as to their legalright and then take them

to an attorney and ask thelatter to look after theircase in court

PLA Respondents advertisedservices, as enumeratedabove, clearly andconvincingly show that it isindeed engaged in lawpractice, albeit outside ofcourt.

Its advertised servicesunmistakably require theapplication of the aforesaidlaw, the legal principles andprocedures related thereto,the legal advices basedthereon and which activitiescall for legal training,knowledge and experience.

---

WILOCI Paramount considerationshould be given to the

protection of the generalpublic from the danger ofbeing exploited by unqualifiedpersons or entities who maybe engaged in the practice oflaw.

Lawyers are prohibited under thepresent Code of Professional

Responsibility from advertising;but it appears in the instant casethat legal services are beingadvertised not by lawyers but byan entity staffed by "paralegals."Clearly, measures should betaken to protect the generalpublic from falling prey to those


8/12

who advertise legal serviceswithout being qualified to offersuch services.

WLAP --- Annexes "A" and "B" of thepetition are clearly

advertisements to solicit casesfor the purpose of gain which, asprovided for under the abovecited law, (are) illegal andagainst the Code of ProfessionalResponsibility of lawyers in thiscountry.

Annex "A" of the petition is notonly illegal in that it is anadvertisement to solicit cases,

but it is illegal in that in boldletters it announces that theLegal Clinic, Inc., could workout/cause the celebration of asecret marriage which is not onlyillegal but immoral in thiscountry.

These advertisements that seemto project that secret marriagesand divorce are possible in this

country for a fee, when in fact itis not so, are highlyreprehensible.

FIDA In determining whether a manis practicing law, we shouldconsider his work for anyparticular client or customer,as a whole.

The incidental legal advice orinformation defendant may

give, does not transform hisactivities into the practice oflaw. Let me add that if, evenas a minor feature of hiswork, he performed serviceswhich are customarilyreserved to members of thebar, he would be practicing

Annex "A" may be ethicallyobjectionable in that it can givethe impression that there is asecret marriage. With all thesolemnities, formalities andother requisites of marriages(See Articles 2, Family Code), noPhilippine marriage can be

secret.


9/12

law.

A person engaged in a lawfulcalling is not engaged in the

practice of law provided that:

(a) The legal question issubordinate and incidental toa major non-legal problem

(b) The services performedare not customarily reservedto members of the bar

(c) No separate fee is charged

for the legal advice orinformation.

The Legal Clinic also appearsto give information ondivorce, absence, annulmentof marriage and visas. Purelygiving informational materialsmay not constitute of law. It isnot entirely improbable,however, that aside from

purely giving information, theLegal Clinic's paralegals mayapply the law to the particularproblem of the client, andgive legal advice. Such wouldconstitute unauthorizedpractice of law.

Apparently it is urged that theconjoining of these two, thatis, the text and the forms,

with advice as to how theforms should be filled out,constitutes the unlawfulpractice of law.

SC Practice of law means anyactivity, in or out of court,which requires the applicationof law, legal procedures,

The Code of ProfessionalResponsibility provides that alawyer in making known his legalservices shall use only true,


10/12

knowledge, training andexperience. It is to give adviceor render any kind of servicethat involves legal knowledgeor skill.

The practice of law is notlimited to the conduct ofcases in court. It includeslegal advice and counsel, andthe preparation of legalinstruments and contract bywhich legal rights aresecured, although suchmatter may or may not bepending in a court.

In the practice of hisprofession, a licensedattorney at law generallyengages in three principaltypes of professional activity:

(a) legal advice andinstructions to clients toinform them of their rightsand obligations,

(b) preparation for clients ofdocuments requiringknowledge of legal principlesnot possessed by ordinarylayman, and

(c) appearance for clientsbefore public tribunals whichpossess power and authorityto determine rights of life,

liberty, and propertyaccording to law, in order toassist in proper interpretationand enforcement of law.

SC then cites Cayetano v.Monsod for the definition ofthe practice of law.

honest, fair, dignified andobjective information orstatement of facts. He is notsupposed to use or permit theuse of any false, fraudulent,

misleading, deceptive,undignified, self-laudatory orunfair statement or claimregarding his qualifications orlegal services.

The standards of the legalprofession condemn the lawyer'sadvertisement of his talents. Theprescription against advertisingof legal services or solicitation of

legal business rests on thefundamental postulate that thepractice of law is a profession.

Of course, not all types ofadvertising or solicitation areprohibited. The canons of theprofession enumerate exceptionsto the rule against advertising orsolicitation and define the extentto which they may be

undertaken. The exceptions areof two broad categories, namely,those which are expresslyallowed and those which arenecessarily implied from therestrictions.

The first of such exceptions isthe publication in reputable lawlists, in a manner consistent withthe standards of conduct

imposed by the canons, of briefbiographical and informativedata.

The use of an ordinary simpleprofessional card is alsopermitted.


11/12

(See ratio of Chars digest for thatcase)

The practice of law, therefore,covers a wide range ofactivities in and out of court.Applying the aforementionedcriteria to the case at bar, weagree with the perceptivefindings and observations ofthe aforestated barassociations that the activitiesof respondent, as advertised,constitute "practice of law."

The main purpose of respondent is to serve as aone-stop-shop of sorts forvarious legal problemswherein a client may avail oflegal services, most of whichare undoubtedly beyond thedomain of paralegals, butrather, are exclusive functionsof lawyers engaged in thepractice of law.

Public policy requires that thepractice of law be limited tothose individuals found dulyqualified in education andcharacter. The permissiveright conferred on the lawyersis an individual and limitedprivilege subject towithdrawal if he fails tomaintain proper standards ofmoral and professional

conduct. The purpose is toprotect the public, the court,the client and the bar fromthe incompetence ordishonesty of thoseunlicensed to practice law andnot subject to the disciplinarycontrol of the court.

The publication of a simpleannouncement of the opening ofa law firm or of changes in thepartnership, associates, firm

name or office address, being forthe convenience of theprofession, is not objectionable.

Considering the present situationof our legal and judicial systems,to allow the publication ofadvertisements of the kind usedby respondent would only serveto aggravate what is already adeteriorating public opinion of

the legal profession whoseintegrity has consistently beenunder attack lately by media andthe community in general.

It is undoubtedly misbehavior onthe part of the lawyer, subject todisciplinary action, to advertisehis services except in allowableinstances or to aid a layman inthe unauthorized practice of law.

Atty. Rogelio P. Nogales, who isthe prime incorporator, majorstockholder and proprietor of TheLegal Clinic, Inc. is herebyreprimanded.

The legality or illegality of thepurpose/s for which the LegalClinic, Inc. was created was notadjudicated on because it is notwithin the adjudicative

parameters of the presentproceeding which is merelyadministrative in nature.


12/12

Canon 2 Digests (Ledesma, Tagorda, Ulep)

Documents

Transcript of Canon 2 Digests (Ledesma, Tagorda, Ulep)