Praleg - Paras Divine Mae v.

PARAS, DIVINE MAE V.
1. A. Judge Bill and Rufus are liable for violation of Canon 6 on Competence and Diligence.
Under its provision, it provides that judges shall not engaged in conducts incompatible with the
diligent discharge of their judicial duties.
B. For serious offenses, disbarment and dismissal from service with forfeiture of all retirement
benefits, with prejudice to reemployment to any government office. On the other hand, for less
serious offenses, suspension or temporary withholding of a lawyer's right to practice his
profession until he is able to prove once again that he is fit to resume the practice of law.
2. A. No. Atty. Dexter cannot be disciplined if he accepts a case and gets help from an
experienced colleague. Jurisprudence provides that law is a noble profession and the privilege to
practice is bestowed only upon individuals who are competent intellectually, academically, and
morally. Admitting that he is inexperienced should not be taken against the lawyer for honestly
expressing his qualification to practice the law. But he may be sternly warned for not keeping
abreast with the law should his inexperience affects his client’s cause.
B. To avoid administrative liability, Atty. Dexter has the option to Retainer offer as much as he
deserves, or payment received by a counsel in consideration of the actual service he has
rendered. He may also offer po bono.
3. Atty. Rio must submit the motion to the Court's sound discretion. Because no matter how long
the case has been pending, Atty. Rio, nor his clint, cannot decide on their own. the decision
would still come to the court’s discretion especially if the opposing counsel’s reason is valid.
4. Yes. On the grounds of gross immoral conduct for marrying another woman while still
married to another. As provided for in Rule 1.01 of the Code of Professional Responsibility, a
lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Having married
twice is an act of dishonesty, immoral and deceitful conduct. Hence, Atty Benny shall be
disciplined administratively.
5. No. Father Mario only asked Atty. Robert to prepare an outline and memorandum to fully
explain the new law in order for him to better inform and disseminate it to his parishioners. In
that case, Atty Robert did not violate any provision in the Code of Professional Responsibility as
he would only help Father Mario in fully understanding the amended Act.
6. A. Atty Willy, cannot be held liable. Under Canon 21.01 of the Code of Professional
Responsibility, it provides that a lawyer shall not reveal the confidences or secrets of his client
except when required by law. Concealment of a material fact is punishable under the Revised
Penal Code.
B. No. Even if the relationship between Atty Willy and his client was already terminated, Atty.
Willy should have preserved the confidence and kept his client’s secrets. He should have gone
through another way to defend his case against his former client.
7. No, because Norma’s complaint is merely based on suspicions and speculations. Also, she
offered no further evidence to support her claim. If Norma has presented an evidence showing
that Judge Jenny has really connived with Kathy, her counsel and the prosecutor, then Judge
Jenny could be held administratively liable.
8. If I were the counsel, I would first talk to my client and explain to him thoroughly that the trial
court acted correctly and would encourage him that appeal would not cause any useful result. But
if my client does not want to take my advice and would insist on appeal, I would withdraw from
the case to temper the client’s propensity to litigate, as it is my duty to resist the irrational ideas
of my client and to temper my client’s inclination to litigate.
9. Yes, because he knowingly let Josie’s false testimony pass for truth. He knew about Josie’s
real condition but instead of correcting her, he just let her give false testimonies in court for the
sake of his client.
10.
A. JURAT
JURAT
SUBSCRIBED AND SWORN to before me, this 5th day of May 2020, by Lia Ramos who
exhibited to me her Community Tax Certificate No. 345908 issued at Baguio City, Philippines
on June 23, 2010.
Notary Public
Doc. No. 4567;
Page No. 20;
Book No. XXI;
Series of 2020;
B. ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF BAGUIO) SS.
ACKNOWLEDGMENT
Before me, a Notary Public for and in the City of Baguio, personally appeared Ryan Cruz with
Community Tax Certificate No. 324567 issued on June 21, 2015 at Quezon City, Philippines
(and Tax Identification No. (T.I.N.) 3455, and Alina Sandoval with Community Tax Certificate
No. 3444 issued on August 5, 2018 at Quezon City, Philippines and Tax Identification No.
(T.I.N.) 5654, both known to me and to me known to be the same persons who executed the
foregoing instrument which they acknowledged to me to be their free and voluntary act and deed,
consisting of only five (5) pages, including this page in which this Acknowledgement is written,
duly signed by them and their instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this 20th day of March 2021 at Quezon City, Philippines.
NOTARY PUBLIC
Doc. No.345
Page No. 34;
Book No. XX;
Series of 2021;
C. VERIFICATION
VERIFICATION
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BENGUET)
CITY OF BAGUIO)
PRINCESS DELI, after being sworn in accordance with law, deposes and says:
That she is the plaintiff in the above-entitled case; that he has caused the above complaint to be
prepared and has read and knows the contents thereof; that the allegations therein are true of his
own knowledge.
______________________
(Signature of affiant)
SUBSCRIBED and sworn to before me, in the city of Baguio, this 5th day of July 2019
by Princess Deli with Residence Certificate No.234 City issued at 444 Left Avenue St, Baguio
City.
NOTARY PUBLIC
My commission expires Dec. 31, 2024
Not. Reg. No. 21345;
Page No. 23;
Book XX;
Series of 2021;
D. CERTIFIVCATE OF NON-FORUM SHOPPING
VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING
I, Ayesha Montereal, of legal age, Filipino, single and presently residing at # 329 Upper
West Lourdes, Baguio City, after having been duly sworn in accordance with law, hereby say
that:
1. I am the Petitioner in the above-entitled case;
2. I caused the preparation of the above Petition;
3. All its contents are true and correct to the best of my own personal knowledge;
4. I certify that there is no other case pending before any court, tribunal or agency involving
the same parties and the same issue and that, should I learn of such case, I shall notify the Court
within 5 days from notice.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day of July, 2020 in
Baguio City, Philippines
Ayesha Montereal
Affiant
SUBSCRIBED AND SWORN to before me this 1st day of July, 2020 in Baguio City. Affiant
personally appeared and exhibited to me his Certificate if Live Birth as competent proof of his
identity.
Doc. No. 23;

Page No. 14;
Book No. V;
Series of 2020.

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PARAS, DIVINE MAE V.

D. CERTIFIVCATE OF NON-FORUM SHOPPING

VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING

Doc. No. 23;

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