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legal ethics?

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1 legal ethics? on Sun Sep 26, 2010 5:02 pm

mark12


Arresto Menor
Nagsampa ng kaso si Mrs. X kay Mr.Y ng kasong Estafa dahil nagbayad daw ang public iskul ng 900k para i deliver ang Yearbook ng public iskul kung saan Director si Mrs. X at ang Mayor ang Chairman. Ayon kay Mrs. X dalawang beses nagbayad ang iskul base sa i prenesentang ibedensya na Job order isa noong Marso 2007 at Nov. 2007. Ang Job order ay walang pirma at ang contracting party ay PTA. Ang Job Order dated March 2007 ay may kasamang Graduation pictures na natapos na at na deliver. Nagpresinta rin si Mrs. X ng OR na partial bayad sa Graduation Pictures worth 600k dated Nov 2007. at isa pang or na kabuuang bayad sa picture at paunang bayad sa Yearbook sa halagang 200k dated Jan 2008.Sinabi ni Mrs. X year 2010 na at wala pa rin ang yearbook kaya nagsampa sila ng ESTAFA.

Questions?
1.Diba dapat Breach of Contract dahil Job Order ang ebidensya?
2.Pangalawa ang Proof of Payment ay OR dated Nov. 2007 at Jan 2008 not Job Order dated March 2007 at Nov 2007?

FACTS:

1.Ang contracting Party ay PTA at hindi and Director na si Mrs X.
2. Ang perang binayad ay galing sa account ng PTA na kanilang Graduation Contribution na niresibuhan ng Munisipyo at muling binalik ng Mun.Treasurer sa pamamahala ng PTA.
3.Ang Abogado ay nagtratrabaho sa Mun. Legal Office na kung saan dating Mun. Konsehal si Mrs. X.
4.Ang Fiscal Office ay tumatanggap ng dagdag benipisyo galing sa Munispyo at Opis ng Mayor na Chairman ng Board.

Violation 1. Lawyers oath: will not willingly nor willfully promote or sue groundless, false or unlawful suit?

Nag submit ng rejoinder si Mr. Y na inabisuhan nya ang PTA para kilalanin at magbigay ng message ng Mayor. At magbigay ng bank statement dahil nawawala na ang perang pambayad sa balance. pero nagtagumpay si Mrs. X na lumabas ang resolution noong araw na sinumite ang rejoinder at pinaaaresto si Mr. Y.

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2 Re: legal ethics? on Mon Sep 27, 2010 12:03 pm

attyLLL


moderator
what is mr. Y's contractual obligation? is he the one given the money so he can look for a contractor or is he the contractor?

for violation of lawyer's oath, you will have to prove that he knowingly filed a groundless suit.

Mr. Y should just file bail, prepare his defense and go through trial.


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3 Re: legal ethics? on Mon Sep 27, 2010 7:22 pm

mark12


Arresto Menor
Mr. Y is the contractor and he post a bail.

Again Atty L. aided Ms. E. the Sec. to file Estafa case against Mr. Y based on the downpayment of the PTA paid for Mr. Y on 2008 contract. During the P.I. only Atty L. is present. Mr. Y offered a settlement to give him authority to print the Yearbook without messages and a bank certificate that the balance can be paid upon delivery. Atty L refused to enter a settlement. He said "gawin nyo lang ang Yearbook basta tuloy lang ang kaso."

Violation 2. U cannot delay a man for money or malice.

Mr. Y filed first a case against Ms. E. of Estafa and Grave Coercion for barring him to collect and implement the contract of 2009. This has lower IS No. than the case filed by Mrs. X. But Mrs. X case filed on June was first resolved than the case filed by Mr. Y on March.

On all of the cases Atty L. represent Ms. E and Mrs. X.
During P.I. only Atty L. is present except during swear-in of reply affidavit.
Also he was authorize by the board together with Mrs. X and Ms. E to enter into settlement.

Earlier on May Atty L. threaten to file Estafa case on Mr. Y during Mediation if Mr. Y will not drop the case filed for Ms. E.

Mr. Y wants the case to be dismiss immediately due to the reason that it was on the hometown court of Mrs. X and he thinks he can attain this by filling a case against Atty L.

The filling of 2 Estafa case aided by Atty L according to his threat based on the partial payment of contract of service and the speedy resolution resulting to issuance of warrant can be considered
1. Ignorant of the Law?
2. Violation of Legal Ethics?
3. Conduct unbecoming of a Gov't Official?
4. Grave Abuse of Authority? or
5. Graft and Corruption?





Last edited by mark12 on Mon Sep 27, 2010 7:39 pm; edited 1 time in total (Reason for editing : spelling)

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4 Re: legal ethics? on Mon Sep 27, 2010 7:39 pm

attyLLL


moderator
i'm afraid i cannot endorse this direction to attack the lawyer.

nevertheless, you can check if the municipal lawyer is allowed to have a limited private practice. i have seen government agencies allow this, but if there is none, then you can file an admin case for moonlighting.

if i were to advise mr. y, i would focus more on preparing for his defense. he can request for transfer of his case with the supreme court. good luck.


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5 Re: legal ethics? on Mon Sep 27, 2010 7:47 pm

mark12


Arresto Menor
thanks for quick reply


1. In case Mr. Y was arraign in homecourt. Does the petition for change venue still apply?

2. Is filling of Motion for Review with DoJ can help?

3. What other options that can stop arraignment?

4. what other option for dissmissal of the Estafa case even its now on RTO without hearing or arraignment?.



Last edited by mark12 on Mon Sep 27, 2010 11:04 pm; edited 1 time in total (Reason for editing : add questions)

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6 Re: legal ethics? on Thu Sep 30, 2010 1:08 pm

mark12


Arresto Menor
Does writ of Amparo applies?
How about Rule 6.02?
or RA 6713 Section 7(b)(2)?
or Rule XVIII Section 12 Revised Civil Service rules?

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7 Re: legal ethics? on Thu Sep 30, 2010 2:44 pm

attyLLL


moderator
mark, in your previous post, i remember you stating that mr. y has a lawyer,it is best that these matters are directed to him because he has a better understanding of the case.

my main point is that it is better to proceed with the case as quickly as possible if mr.y is innocent, not delay it. you will have to do your own research if atty L is allowed to engage in a limited private practice. good luck.


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8 Re: legal ethics? Today at 10:25 am

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