Such being the case, the rule against representing conflicting interests applies. Instead, we resolve to admonish respondent to observe a higher degree of fidelity in the practice of his profession.
Navarro recommended that respondent be suspended from the practice of law for six 6 months. Indeed, the bar must maintain a high standard of legal proficiency as well as of honesty and fair dealings. Harvard Law Review, Developments in the Law: Thus, he prayed that the complaint against him be dismissed and, instead, complainant Ricafort be disciplined or disbarred.
The Board of Governors thereafter adopted Resolution No. One test is whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and, at the same time, to oppose that claim for the other client.
Conflict of Interest, 94 Harv. As respondent admitted, it was their law firm which represented Gonzales in the civil case. Barrios, 9 SCRA .
Outside counsel must thus be retained to represent one of the defendants. On this issue, the following disquisition is enlightening: In the said case, he filed a Manifestation of Extreme Urgency wherein he prayed for the dismissal of the complaint against his clients, the individual Board Members.
Del Saz Orozco, 19 Phil. Therefore, respondent is guilty of representing conflicting interests. The nature of that relationship is, therefore, one of trust and confidence of the highest degree. Bamba,  The proscription against representation of conflicting interests applies to a situation where the opposing parties are present clients in the same action or in an unrelated action.
As has been said in another case, the question is not necessarily one of the rights of the parties, but as to whether the attorney has adhered to proper professional standard. By way of Special and Affirmative Defenses, respondent averred that complainant Atty.
Agpalo, Legal Ethics, supra, p.
Conflict of Interest, 94 Harv. They are expected to uphold the dignity of the legal profession at all times. To do so would be tantamount to representing conflicting interests, which is prohibited by the Code of Professional Responsibility.
Ocampo, SCRA . Attorneys owe undivided allegiance to their clients, and should at all times weigh their actions, especially in their dealings with the latter and the public at large. Gonzales, supra note 9; Artezuela v.
Only thus can litigants be encouraged to entrust their secrets to their attorneys which is of paramount importance in the administration of justice. There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing parties.
Also, there is conflict of interests if the acceptance of the new retainer will require the attorney to perform an act which will injuriously affect his first client in any matter in which he represents him and also whether he will be called upon in his new relation to use against his first client any knowledge acquired through their connection.
They must conduct themselves beyond reproach at all times. Agpalo, Legal Ethics 6th ed. Considering however, that this is his first offense, we find the penalty of suspension, recommended in IBP Resolution No.
Asset Privatization Trust v.BENEDICTO HORNILLA and ATTY. FEDERICO D. RICAFORT, complainants vs. mi-centre.comO S. SALUNAT, respondents A.C. No. July 1, TOPIC: Conflict of Interest. Rule A lawyer shall not represent conflicting interests except bywritten consent of all concerned given after a.
Benedicto Hornilla and Atty. Federico Ricafort vs. Atty. Ernesto Salunat A.C. No.
July 1, Facts: Benedicto Hornilla is a member of the Philippine Public School Teachers Association (PPSTA).Along with several other complainants, Hornilla filed intra-corporate cases before the Securities and Exchange Commission (SEC) against PPSTA board members for unlawful spending and the.
Uber Digests | HORNILLA vs SALUNAT. vs. ATTY. ERNESTO S. SALUNAT, Despite being told by PPSTA members of the said conflict of interest, respondent refused to withdraw his appearance in the said cases.
Moreover. hornilla vs salunat READ CASE DIGEST HERE. Republic of the Philippines SUPREME COURT Manila FIRST DIVISION A.C. No. July 1, BENEDICTO HORNILLA and ATTY. of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority to do so.
The practice of soliciting cases at law for the purpose of Documents Similar To Digest Hornilla v Atty Salunat. Skip carousel. carousel previous carousel next. examples of remedial law. Sep 30, · In the case of LETICIA GONZALES vs. ATTY. MARCELINO CABUCANA, A.C.
January 23,Rule 03 was intended “ to avoid the appearance of treachery and double-dealing for only then can litigants be encouraged to entrust their secrets to their lawyers, which is of paramount importance in the administration of justice.”.Download