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    Donton VS Tansingco

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    The document discusses two court cases involving lawyer misconduct. The first case involved a lawyer assisting a foreign national in circumventing laws prohibiting foreign land ownership. The second case involved a lawyer soliciting clients and promising financial assistance to entice them to change representation.

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    Donton VS Tansingco

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    Thea
    2K views2 pages
    The document discusses two court cases involving lawyer misconduct. The first case involved a lawyer assisting a foreign national in circumventing laws prohibiting foreign land ownership. The second case involved a lawyer soliciting clients and promising financial assistance to entice them to change representation.

    Original Description:

    CASE DIGEST OF DONTON VS TANSINGCO (for legal ethics)

    Original Title

    DONTON VS TANSINGCO

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    The document discusses two court cases involving lawyer misconduct. The first case involved a lawyer assisting a foreign national in circumventing laws prohibiting foreign land ownership. The second case involved a lawyer soliciting clients and promising financial assistance to entice them to change representation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Donton VS Tansingco

    Uploaded by

    Thea
    The document discusses two court cases involving lawyer misconduct. The first case involved a lawyer assisting a foreign national in circumventing laws prohibiting foreign land ownership. The second case involved a lawyer soliciting clients and promising financial assistance to entice them to change representation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PETER DONTON v. ATTY.

    TANSINGCO
    A.C. No. 6057
    June 27, 2006

    FACTS:
    Peter Donton files a complaint against Atty Emmanuel Tansingco as the notary
    public who notarized the Occupancy Afreement and against others (Diane Stier, and
    Emelyn Manggay) for estafa thru falsification of public document.
    A disbarment complaint filed by petitioner against respondent for serious
    misconduct and deliberate violation of Canon 1, Rule 1.01 and 1.02 of the Coe of
    Professional Resposibility arose when respondent filed a counter –charge of perjury
    against petitioner.
    Atty. Tansingco in his answer stated that he prepared and notarized the
    Occupancy Agreement at the request of Mr. Stier, and owner an a long-time resident of
    a real property locate in the country. Since Mr. Stier is an alien and not a citizen of the
    Philippines and thereby disqualified to own real property in his name, he agreed that
    the property be transferred in the name of Mr. Donton, a Filipino.
    Petitioner Donton averred that respondent lawyer committed a serious
    misconduct due to his act of preparing an Occupancy Agreement despite knowledge
    that Stier is a foreign national and therefore is a deliberate violation of the code.

    ISSUE:
    Whether or Not Atty. Emmanuel Tansingco committed serious misconduct

    RULING:
    Yes. The court ruled that a lawyer should not render any service or give advice
    to any client which will involve defiance of the laws which he is bound to obey. A lawyer
    who assists a client in a dishonest scheme or who connives in violating a law commits
    an act which justifies disciplinary actions against the lawyer.
    Respondent lawyer knows about the law that a foreign national is disqualified in
    owning real lands in the country but he still continued his act and transferred the title
    to petitioner’s name and aware of the prohibition, respondent then quickly rectified his
    act and provided some safeguards by preparing several documents including the
    Occupancy Agreement.
    In effect, respondent advised and aided Stier in circumventing the constitutional
    prohibition against foreign ownership of lands by preparing said documents.

    90
    LINSANGAN V. ATTY. TOLENTINO
    A.C. No. 6672
    September 4, 2009

    FACTS:
    A complaint for isbarment is filed by Pedro Linsangan against Atty. Nicomedes
    Tolentino for solicitation of clients and encroachment of professional services. The
    complainant alleged that respondent convinced his clients to transfer legal
    representation by promising them financial assistance. The allegations of the
    complainant were supported by the sworn affidavit of one James Gregorio who
    attested to the respondent’s acts of trying to lure him to sever his lawyer-client
    relationship with complainant Linsangan. An attached calling card of the respondent
    further supported the complaint which advertised the respondent’s law firm with the
    term: “with financial assistance”.

    ISSUE:
    Whether or not respondent’s acts are violative of Canon 3 of the Coe of
    Professional Responsibility?

    RULING:
    Yes. Canon 3 of the Coe of Professional Responsibility states that “A lawyer
    making known his legal services shall only use only true, honest, fair, dignified and
    objective information or statement of facts.” The practice of law is a profession and not
    a business. Lawyers should not advertise their talents as merchants advertise their
    products. The act of the respondent in including the phrase: “with financial assistance”
    in his calling card is a conduct of advertising the legal profession wih commercialism
    and with the purpose of entitcing clients to change counsels through the promise of
    loans to finance their legal action. A lawyer needs not to advertise the legal profession
    in such a manner similar to commercial businesses. A lawyer’s best advertisement is a
    well-merited reputation for professional capacity and fidelity to trust based on his
    character and conduct and through promises of money.

    91

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