This case has been cited 4 times or more.
|
2015-08-24 |
DEL CASTILLO, J. |
||||
| While it is true that lawyers owe "entire devotion" to the cause of their clients,[10] it cannot be emphasized enough that their first and primary duty is "not to the client but to the administration of justice."[11] Canon 12 of the Code of Professional Responsibility states that "A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice." Thus, in the use of Court processes, the lawyer's zeal to win must be tempered by the paramount consideration that justice be done to all parties involved, and the la|wyer for the losing party should not stand in the way of the execution of a valid judgment. This is a fundamental principle in legal ethics and professional responsibility that has iterations in various forms: The Lawyer's Oath: | |||||
|
2006-04-26 |
AUSTRIA-MARTINEZ, J. |
||||
| The Court finds the trial court's inference to be without sufficient basis. How can the trial court conclude that Special Proceedings No. 7185 had been terminated and the subject property no longer the object of litigation when no evidence was presented to show that when the Transfer of Rights and Interest was executed, the probate court had already issued an order declaring the estate proceedings closed and terminated? A thing is said to be in litigation not only if there is some contest or litigation over it in court, but also from the moment that it becomes subject to the judicial action of the judge.[19] In the present case, there is no proof to show that at the time the deed of Transfer of Rights and Interest was executed, the probate court had issued an order granting the Motion for Termination of Proceeding and Discharge of the Executor and Bond. Since the judge has yet to act on the above-mentioned motion, it follows that the subject property which is the subject matter of the deed of Transfer of Rights and Interest, is still the object of litigation, that is Special Proceedings No. 7185. | |||||
|
2005-12-14 |
TINGA, J. |
||||
| In all cases the determination whether an attorney should be disbarred or merely suspended for a period involves the exercise of a sound judicial discretion, mindful always of the fact that disbarment is the most severe form of disciplinary action and should be resorted to only in cases where the lawyer demonstrates an attitude or course of conduct wholly inconsistent with approved professional standards. In cases of lighter offenses or of first delinquency, an order of suspension, which is correctional in nature, should be inflicted. In view of the nature and consequences of a disciplinary proceedings, observance of due process, as in other judicial determination, is imperative along with presumption of innocence in favor of the lawyer. Consequently, the burden of proof is on the complainant to overcome such presumption and establish his charges by clear preponderance of evidence.[22] Procedural due process demands that respondent lawyer should be given an opportunity to cross-examine the witnesses against him. He enjoys the legal presumption that he is innocent of the charges against him until the contrary is proved. The case must be established by clear, convincing and satisfactory proof.[23] | |||||
|
2004-12-09 |
YNARES-SATIAGO, J. |
||||
| Invariably, in all cases where Article 1491 was violated, the illegal transaction was consummated with the actual transfer of the litigated property either by purchase or assignment in favor of the prohibited individual. In Biascan v. Lopez, respondent was found guilty of serious misconduct and suspended for 6 months from the practice of law when he registered a deed of assignment in his favor and caused the transfer of title over the part of the estate despite pendency of Special Proceedings No. 98037 involving the subject property.[10] In the consolidated administrative cases of Valencia v. Cabanting,[11] the Court suspended respondent Atty. Arsenio Fer Cabanting for six (6) months from the practice of law when he purchased his client's property which was still the subject of a pending certiorari proceeding. | |||||