...Republic of the Philippines Supreme Court Manila EN BANC JOVITO S. OLAZO, Complainant, - versus - JUSTICE DANTE O. TINGA (Ret.), Respondent. A.M. No. 10-5-7-SC Present: CORONA, C.J., CARPIO, CARPIO MORALES, *VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR., PEREZ, MENDOZA, and SERENO, JJ. Promulgated: December 7, 2010 x----------------------------------------------------------------------------------------x D E C I S I O N BRION, J.: Before us is the disbarment case against retired Supreme Court Associate Justice Dante O. Tinga (respondent) filed by Mr. Jovito S. Olazo (complainant). The respondent is charged of violating Rule 6.02,[1] Rule 6.03[2] and Rule 1.01[3] of the Code of Professional Responsibility for representing conflicting interests. Factual Background In March 1990, the complainant filed a sales application covering a parcel of land situated in Barangay Lower Bicutan in the Municipality of Taguig. The land (subject land) was previously part of Fort Andres...
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...JOVITO OLAZO v. JUSTICE DANTE TINGA (Ret.) AM. NO. 10-5-7-SC, December 7, 2010 FACTS: This is a disbarment case against retired Supreme Court Associate Justice Dante O. Tinga (respondent) filed by Mr. Jovito S. Olazo (complainant). In March 1990, the complainant filed a sales application covering a parcel of land situated in Barangay Lower Bicutan in the Municipality of Taguig. To implement Proclamation No. 172, Memorandum No. 119 was issued by then Executive Secretary Catalino Macaraig, creating a Committee on Awards whose duty was to study, evaluate, and make a recommendation on the applications to purchase the lands declared open for disposition. The Committee on Awards was headed by the Director of Lands and the respondent was one of the Committee members, in his official capacity as the Congressman of Taguig and Pateros (from 1987 to 1998); the respondent’s district includes the areas covered by the proclamations. The complainant claimed that the respondent abused his position as Congressman and as a member of the Committee on Awards when he unduly interfered with the complainant’s sales application because of his personal interest over the subject land. The complainant alleged that the respondent exerted undue pressure and influence over the complainant’s father, Miguel P. Olazo, for the latter to contest the complainant’s sales application and claim the subject land for himself. The complainant also alleged that the respondent prevailed upon Miguel Olazo to accept,...
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...25. Khan v. Simbillo, A.C. No. 5299, August 19, 2003 26. Ulep v. Legal Clinic, A.C. No. L-533, 223 SCRA 378 (1993) Rule 3.02: No false, misleading or assumed name 27. Dacanay v. Baker McKenzie, A.C. No. 2131, May 10, 1985 28. In re Sycip, 92 SCRA 1 (1979) Rule 3.03: Partners Assuming Public Office Constitution Art VI sec 14; Art VII sec 13, Art IX sec 2 29. Samonte v. Gatdula, A.M. No. P-99-1292 February 26, 1999 Rule 3.04: Not Use Media to Attract Legal Business Canon 4 Participate in Development: Support Legal Reforms and Administration of Justice Canon 5 Participate in Legal Education Program Bar Matter 850 MCLE CANON 6 Lawyers in Government Services Republic Act 6713, Section 4 30. Collantes v. Renomeron, A.C. No. 3056, 200 SCRA 584 (1991) 31. Diana Ramos v. Atty. Jose R. Imbang, A.C. No. 6788, August 23, 2007 Rule 6.01: Duty of Public Prosecutor 32. Suarez v. Platon, G.R. No. 46371, 69 Phil 556, February 7, 1940 33. Cuenca v. CA, GR No. 109870, December 1, 1995 Rule 6.02: Using public office to promote private interests 34. Catu vs. Rellosa, A.C. No. 5738. February 19, 2008 35. Ali v. Atty. Bubong, A.C. No. 4018, March 8, 2005 36. Olazo v. Justice Tinga, AM No. 10-5-7-SC, December 07, 2010 Rule 6.03: Former officials not to accept engagement Republic Act 6713, Section 7(b) Republic Act 3019, Sec 3(d) 37. Gisela Huyssen v. Atty. Fred L. Gutierrez, A.C. No. 6707, March 24, 2006 38. PNB v. Cedo, A...
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...Anastacio Teodoro v. Atty. Romeo Gonzales AC No. 6760 January 30, 2013 Facts: AnastacioTeodoro filed a complaint against Gonzales for allegedly intentionally committing forum shopping. Gonzales is the counsel of Araceli in two civil cases filed against Anastacio. The first involved the settlement of the estate of Manuela Teodoro and while the case was pending, Gonzales assisted in filing the subsequent case for Annulment of Document, Reconveyance and Damages without indicating the special proceeding earlier filed. According to Anastacio, this was a deliberate act of forum shopping made by Gonzales. Initially, the commissioner found that Gonzales was indeed guilty of forum shopping for the ruling in either case would result in res judicata over the other and that he instituted the subsequent case without indicating the pending case. The commissioner ruled that Gonzales violated Canon 1 of the code for he disregarded the SC circular prohibiting forum shopping.Hence, suspending him for 1 month. However, the board of Governors of the IBP reversed the Commissioner’s recommendation and dismissed the case. Issue: Whether Gonzales committed forum shopping and thereby violating the Code of Professional Responsibility? Held: Yes. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede or obstruct the administration...
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