DACANAY VS BAKER & MCKENZIE
Parties
Complainant – Adriano E. Dacanay
Respondents - BAKER & MCKENZIE and JUAN G. COLLAS JR., LUIS MA.
GUERRERO, VICENTE A. TORRES, RAFAEL E. EVANGELISTA, JR., ROMEO L.
SALONGA, JOSE R. SANDEJAS, LUCAS M. NUNAG, J. CLARO TESORO,
NATIVIDAD B. KWAN and JOSE A. CURAMMENG, JR.
Facts
- C sought to enjoin Rs from practicing law under the name BAKER &
McKENZIE
- B&M is a professional partnership in Chicago
- Rs are practicing under the firm name Guerrero and Torres, and are
members or assocs of B&M
- R Vicente Torres, using the letterhead of B&M, asked one Rosie Clurman
for the release of shares of Cathay International to one H.E. Gabriel, client
of Torres
- Attorney Dacanay denied any liability of Clurman to Gabriel. He requested
that he be informed whether the lawyer of Gabriel is Baker & McKenzie
"and if not, what is your purpose in using the letterhead of another law
office." Not having received any reply, he filed the instant complaint.
Held
- Baker and Mckenzie, being an alien law firm, cannot practice law in the
Philippines.
- respondents' use of the firm name Baker & McKenzie constitutes a
representation that being associated with the firm they could "render legal
services of the highest quality to multinational business enterprises and
others engaged in foreign trade and investment"
- This is unethical because Baker & McKenzie is not authorized to practise
law here.
- WHEREFORE, the respondents are enjoined from practising law under the
firm name Baker & McKenzie.
IN RE: USE BY ATTY. RENERIO G. PAAS AS AN OFFICE IN HIS PRIVATE
PRACTICE OF HIS PROFESSION THE OFFICE OF HIS WIFE, PASAY CITY
METC JUDGE ESTRELLITA M. PAAS.
Facts
- MeTC Branch 44 Presiding Judge Estrellita Paas administratively
charged Court Aide/Utility Worker Edgar E. Almaverez
- Judge Paas alleged that Almarvez is:
o discourteous to his co-employees, lawyers and party litigants;
o has failed to maintain the cleanliness in and around the court
premises despite order to do so;
o was, and on several instances, habitually absent from work or made
it appear that he reported for work by signing the logbook in the
morning, only to stay out of the office the whole day;
o asked from detention prisoners P100.00 to P200.00 before he
released to them their Release Orders;
o asked for amounts in excess of what was necessary for the purchase
of stamps and pocketed the difference;
o once failed to mail printed matter on July 11, 2000 and kept for his
own use the amount given to him for the purpose;
o and divulged confidential information to litigants in advance of its
authorized release date for a monetary consideration.
- Almavarez denied the accusations, claims she suspected him of helping his
husband Atty. Renerio Paas conceal his marital indiscretions.
- He added that had been subjected to incidents of oppression and abuse of
authority.
- Also claims that he was ordered to undergo a drug test
- In a separate case, it was revealed that Atty. Paas was using his wife’s
office as his office address in his law practice.
- Atty. Paas office address is actually located at 410 Natividad Building,
Escolta
- Judge Paas executed a Supplemental Affidavit wherein she admitted that
Atty. Paas did use her office as his return address for notices and orders in
Crim. Case Nos. 98-1197 to 98-1198, "People vs. Louie Manabat y
Valencia and Raymond dela Cruz y Salita ," (now docketed in this Court as
G.R. Nos. 140536-37), lodged at the Pasay City RTC, Branch 109, but only
to ensure and facilitate delivery of those notices, but after the cases were
terminated, all notices were sent to his office address in Escolta.
Issue
Whether the use of Atty. Paas of Judge Paas court address is unethical.
Held
- Yes
- SC Administrative Circular No. 01-99, "Enhancing the Dignity of Courts as
Temples of Justice and Promoting Respect for their Officials and
Employers" reads xxx xxx 6. Never use their offices as a residence
or for any other purpose than for court or judicial functions .
- Canon 2 of the Code of Judicial Conduct provides that "A judge should
avoid impropriety and the appearance of impropriety in all activities."
- Specifically, Rule 2.03 thereof provides that: Rule 2.03. A judge shall not
allow family, social, or other relationships to influence judicial conduct or
judgment. The prestige of judicial office shall not be used or lent to
advance the private interests of others, nor convey or permit
others to convey the impression that they are in a special position
to influence the judge
- SC Circular No. 3-92 = All judges and court personnel are hereby reminded
that the Halls of Justice may be used only for purposes directly related to
the functioning and operation of the courts of justice, and may not be
devoted to any other use, least of all as residential quarters of the judges
or court personnel, or for carrying on therein any trade or profession.
- By allowing her husband to use the address of her court in pleadings
before other courts, Judge Paas indeed "allowed [him] to ride on her
prestige for purposes of advancing his private interest, in violation of the
Code of Judicial Conduct"
- Atty. Paas was guilty of using a fraudulent, misleading, and deceptive
address that had no purpose other than to try to impress either the court
in which his cases are lodged, or his client, that he has close ties to a
member of the juiciary, in violation of the following rules of the Code of
Professional Responsibility:
CANON 3 — A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Rule 3.01. A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal
services.
CANON 10 — A LAWYER OWES CANDOR, FAIRNESS AND GOOD
FAITH TO THE COURT.
Rule 10.01 A lawyer shall not do any falsehood, nor consent to
the doing of any in Court; nor shall he mislead, or allow the
Court to be misled by any artifice.
CANON 13 — A LAWYER SHALL RELY UPON THE MERITS OF HIS
CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS
TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING
THE COURT.
CANON 15 — A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS
WITH HIS CLIENTS.
Rule 15.06. A lawyer shall not state or imply that he is able to
influence any public official, tribunal or legislative body.
- The need for relying on the merits of a lawyer's case, instead of banking
on his relationship with a member of the bench which tends to influence or
gives the appearance of influencing the court, cannot be overemphasized.
It is unprofessional and dishonorable, to say the least, to misuse a public
office to enhance a lawyer's prestige. Public confidence in law and lawyers
may be eroded by such reprehensible and improper conduct.
