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Case Digest: Espinosa vs. Atty. Omaña, A.C. No. 9081, October 12, 2011
SUMMARY: A couple sought a lawyer’s service to dissolve their marriage. Instead of undergoing the correct process, the lawyer merely notarized a void document entitled “Kasunduan Ng Paghihiwalay” and convinced her clients of its validity. FACTS: Espinosa and his wife Marantal sought Omaña’s legal advice regarding the dissolution of their marriage. Omaña then prepared a document entitled…
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Doctrine of Parens Patriae
What is the Doctrine of Parens Patriae? Doctrine of Parens Patriae provides that the State as a sovereign, acts as the parens patriae or the “parent of his or her country”, which means that it has the right to enforce all charities of a public nature, by virtue of its general superintending authority over the…
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Case Digest: Spouses Montecillo v. Atty. Gatchalian, A.C. No. 8371, June 28, 2017
SUMMARY: A charge for grave misconduct and gross ignorance of the law was filed against a lawyer who skipped the preliminary hearing and failed to update his clients about the status of their case. FACTS: Spouses Montecillo hired Atty. Gatchalian for an ejectment case and received a notice for a preliminary conference. Atty. Gatchalian claimed…
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Case Digest: Paces Industrial Corporation v. Atty. Salandanan, A.C. No. 1346, July 25, 2017
SUMMARY: A lawyer represented conflicting interests when he represented a party against a company where he used to be a stockholder and counsel. FACTS: Paces Industrial Corporation (PACES) filed a case against its former lawyer, Atty. Edgardo Salandanan for allegedly committing malpractice and/or gross misconduct when he represented conflicting interests. Salandanan became a stockholder of…
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Case Digest: Zamora v. Atty. Gallanosa, A.C. No. 10738, September 14, 2020
SUMMARY: A lawyer approached another lawyer’s client just outside the labor arbiter’s office, offered her a better service, promised good results, and implied that her lawyer was conniving with the labor arbiter against her. FACTS: Marcelina Zamora alleged that Atty. Gallanosa approached her outside the labor arbiter’s office and inquired about the position paper prepared…
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Case Digest: Ibana-Andrade v. Atty. Moya, A.C. No. 8313, July 14, 2015
Summary: A suspended lawyer continued to practice law during her suspension. Facts: Atty. Eva Paita-Moya was found guilty of gross misconduct and was suspended for one month from the practice of law, effective upon her receipt of the Decision. However, Atty. Moya continued to practice law despite receiving the Resolution regarding her suspension. She filed…