HONORABLE COURT OF APPEALS GR No 100643 FACTS In a resolution

Honorable court of appeals gr no 100643 facts in a

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ADEZ REALTY, INCORPORATED, vs. HONORABLE COURT OF APPEALS G.R. No. 100643 October 30, 1992
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FACTS: In a resolution of the Supreme Court, Atty Dacanay was required to show cause why he should not be disciplinary dealt with by intercalating a material fact in the quoted judgment of the Court of Appeals, inserting “without notice to the actual occupants of the property, Adez Realty” when in fact it did not make such finding. ISSUE: Whether or not Atty Dacanay, by inserting phrase which is in fact not true, should be disbarred. RULING: YES. In the case at bar, the Supreme Court held that the inserted phase “without notice to the actual occupants of the property, Adez Realty,” was just the right phrase intercalated at the right place, making it highly improbable to be unintentionally, making it appear that respondent Court of Appeals found that no notice was given to the occupants of subject property –– when in fact it did not make such a finding –– is a clear indication not merely of carelessness in lifting a portion of the assailed decision but a malicious attempt to gain undue advantage in the sporting arena of fairplay and, more importantly, to deceive and misguide this Court, which is the final arbiter of litigations. He then violated Rule 10.02, Canon 10, Chapter III, of the Code of Professional Responsibility which directs that “[a] lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as a law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved” Assuming it was the carelessness of his secretary,it is the duty of lawyers to check, review and recheck the allegation in their pleadings, more particularly the quoted portions, and ensure that the statements therein are accurate and the reproductions faithful, down to the last word and even punctuation mark. The legal profession demands that lawyers thoroughly go over pleadings, motions and other documents dictated or prepared by them, type or transcribed by their secretaries or clerks, before filing them with the court. If a client is bound by the acts of his counsel, with more reason should counsel be bound the acts of his secretary who merely follow his orders. DOMINADOR P. BURBE VS. ATTY. ALBERTO C. MAGULTA AC NO. 99-634. JUNE 10, 2002 Facts: Petitioner engaged the services of the respondent to help him recover a claim of money against a creditor. Respondent prepared demand letters for the petitioner, which were not successful and so the former intimated that a case should already be filed. As a result, petitioner paid the lawyer his fees and included also amounts for the filing of the case. A couple of months passed but the petitioner has not yet received any feedback as to the status of his case.
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