Bumactao Vs Fano AC 10826 April 7

Bumactao vs Fano AC 10826 April 7, 2014
FACTS:
Atty. Restito F. Fano admittedly indicated a false MCLE compliance number. Respondent endeavors to
douse his culpability by shifting the blame to the MCLE providers, insisting that he acted in good faith.
He likewise attributes the indication of the false MCLE number to his secretary by reason of an honest
mistake because of the pressure of his many duties.
ISSUE:
Whether or not Atty. Fano should be held responsible for falsely indicating his MCLE number
HELD:
Yes. Bar matter no. 1922 requires “practicing members of the bar to indicate in all pleadings filed before
the courts or quasi-judicial bodies, the number and date of issue of their MCLE certificate of compliance
or certificate of exemption, as may be applicable”. It further provides that “failure to disclose the
required information would cause the dismissal of the case and the expunction of the pleadings from
the records”.
At the very least, respondent was negligent in failing to monitor his own MCLE compliance. This is a sort
of negligence that is hardly excusable. As member of the legal profession, respondent ought to have
known that non-compliance would have resulted in the rendering inutile of any pleading he may file
before any tribunal.
UY vs Atty. Maghari
AC no. 10525 September 1, 2015
FACTS:
Wilson Uy's counsel noticed that based on the details indicated in the March 8, 2012 Motion, Maghari
appeared to have only recently passed the bar examinations. This prompted Wilson Uy to check the
records of Spec. Proc No. 97-241. Upon doing so, he learned that since 2010, Maghari had been
changing the professional details indicated in the pleadings he has signed and has been copying the
professional details of Atty. Natu-El.25cralawred
Wilson Uy then filed a Motion26 to declare Magdalena Uy in indirect contempt (as by then she had still
not complied with the Subpoena ad Testificandum) and to require Maghari to explain why he had been
usurping the professional details of another lawyer.
Respondent does not deny the existence of the errant entries indicated by complainant. However, he
insists that he did not incur disciplinary liability. He claims that these entries were mere overlooked
errors.
ISSUE:
WON respondent is liable.
HELD:
Yes. Rule 138, Section 27 of the Rules of Court provides for deceit as a ground for disbarment. The
Lawyer's Oath entails commitment to, among others, obeying laws and legal orders, doing no falsehood,
conducting one's self as a lawyer to the best of one's capacity, and acting with fidelity to both court and
client.
The duplicitous entries speak for themselves. The errors are manifest and respondent admits their
existence. This court would perhaps be well counseled to absolve respondent of liability or let him get
away with a proverbial slap on the wrist if all that was involved were a typographical error, or otherwise,
an error or a handful of errors made in an isolated instance or a few isolated instances. So too, if the
error pertained to only ' one of the several pieces of information that lawyers are required to indicate
when signing pleadings.
None of these can be said of this case. Respondent did not merely commit errors in good faith. The truth
is far from it. First, respondent violated clear legal requirements, and indicated patently false
information. Second, the way he did so demonstrates that he did so knowingly. Third, he did so
repeatedly. Before our eyes is a pattern of deceit. Fourth, the information he used was shown to have
been appropriated from another lawyer. Not only was he deceitful; he was also larcenous. Fifth, his act
not only of usurping another lawyer's details but also of his repeatedly changing information from one
pleading to another demonstrates the intent to mock and ridicule courts and legal processes.
Respondent toyed with the standards of legal practice.
SAMUEL B. ARNADO vs. ATTY. HOMOBONO A. ADAZA
A.C. No. 9834, August 26, 2015
FACT: Atty. Adaza filed a request for exemption for the First and Second Compliance period on the
grounds of expertise of law.
While awaiting for his request of for exemption, he used to indicate in his pleadings “MCLE application
for exemption under process” filed in 2009, 2010, 2011 and “MCLE Application for Exemption for
Reconsideration” in the pleadings filed in 2012.
On January 14, 2009, the MCLE Governing Board denied his request for exemption for his failure to
submit sufficient, satisfactory and convincing proof to establish his expertise in a certain area of law.
ISSUE: Whether Atty. Adaza is administratively liable for his failure to comply with the MCLE
requirements.
HELD: YES. Atty. Adaza’s failure to comply with the MCLE requirements and disregards of the directives
of MCLE office warrant his declaration as a delinquent member of the IBP.
While the MCLE Implementing Regulations state that the MCLE Committee should recommend to the
IBP Board of Governors the listing of a lawyer as a delinquent member, there is nothing to prevent the
SC from using its administrative power and supervision to discipline erring lawyers and from directing
the IBP Board of Governors to declare such lawyer as a delinquent member of the IBP.
Having declared Atty. Adaza as a delinquent member of the IBP, he is suspended from the practice of
law for SIX MONTHS, or until he has complied with the MCLE requirements for the 1st to the Fifth
periods of compliance.

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