October 2010 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected September 2010 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; misconduct. Respondent (lawyer) was ordered to reimburse his client Php16,300.00.  Nine years after the directive was made, he effected payment.  Respondent’s belated “compliance” with the order glaringly speaks of his lack of candor, of his dishonesty, if not defiance of Court orders, qualities that do not endear him to the esteemed brotherhood of lawyers. The lack of any sufficient justification or explanation for the nine-year delay in complying with the Resolutions betrays a clear and contumacious disregard for the lawful orders of this Court. Such disrespect constitutes a clear violation of the lawyer’s Code of Professional Responsibility. Leonard W. Richards vs. Patricio A. Asoy, A.C. No. 2655, October 12, 2010.

Court personnel; conduct prejudicial to best interest of the service. This case filed by Argoso against Regalado  involves money received by Regalado from an interested  party to implement a writ of execution.  Regalado should not have received money from Argoso for his transportation to Daet, without previously submitting his expenses for the court’s approval.  Regalado’s admission that he received money without complying with the proper procedure in enforcing writs of execution, made him guilty of conduct prejudicial to the best interest of the service. Levi M. Agroso vs. Achilles Andrew Regalado II, etc., A.M. No. P-09-2735, October 12, 2010.

Court personnel; dishonesty. Respondent (clerk of court) failed to regularly submit monthly reports of collections and deposits, as required by SC Circular No. 32-93, and official receipts and other documents, despite the Court’s repeated orders.  The failure to remit the funds in due time amounts to dishonesty and grave misconduct, which the Court cannot tolerate for they diminish the people’s faith in the judiciary.  Office of the Court Administrator vs. Marcela V. Santos, Clerk of Court II etc., A.M. No. P-06-2287, October 12, 2010.

Court personnel; dishonesty etc. Fernandez deserves to be sanctioned.  Her habitual tardiness and absenteeism, coupled with her submission of a falsified document to cover up some of her absences, do not speak well of her fitness for employment in the public service, especially in the judiciary.  We cannot ignore the gross dishonesty involved in her submission of a falsified document to cover up several unauthorized absences.   Isabel D. Marquez vs. Jocelyn C. Fernandez, A.M. No. P-07-2358, October 19, 2010.

Court personnel; gross misconduct. On several instances, Abellanosa demanded and received various sums of money from party-litigants in cases pending before the RTC of Makati, Branch 137.  Also, the Order of the Makati RTC Branch 137 was published in the Taliba newspaper, but it did not go through the mandated procedure for distribution of judicial notices or orders by raffle to qualified newspapers or periodicals under P.D. No. 1079.  Abellanosa’s acts of soliciting money from litigants to facilitate the publication of their petitions or orders of the court clearly manifested her desire to achieve personal gain and constitutes gross misconduct which is deplorable. Judge Jenny Lind R. Aldecoa-Delorino vs. Jessica B. Abellanosa, etc./Jessica B. Abellanosa, etc. vs. Judge Jenny Lind R. Aldecoa-Delorino/Jessica B. Abellanosa etc. vs. Rowena L. Ramos, etc., A.M. No. P-08-2472/A.M. No. RTJ-08-2106/A.M. No. P-08-2420, October 19, 2010.

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