Thursday, July 25, 2013

Suspension from the practice of law

The relationship between an attorney and his client is one imbued with utmost trust and confidence. In this light, clients are led to expect that lawyers would be ever-mindful of their cause and accordingly exercise the required degree of diligence in handling their affairs. Verily, a lawyer is expected to maintain at all times a high standard of legal proficiency, and devote his full attention, skill and competence to the case, regardless of its importance and whether he accepts it for a fee or for free. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. While such negligence or carelessness is incapable of exact formulation, the Court has consistently held that the lawyer's mere failure to perform the obligations due his client is per se a violation (A.C. No. 7749, July 8, 2013).

Tuesday, July 16, 2013

Transactions involving Agri Land

Not every sale or transfer of Agricultural Land would warrant DAR Adjudication Board's jurisdiction. When a suit does not involve an agrarian dispute it does not fall under the jurisdiction of DARAB. There must be a tenancy relationship between the party litigants or, the controversy must relate to "tenurial arrangements" for the  DARAB to validly take cognizance of the controversy. An allegation to declare null and void a certain sale involving an agricultural land does not ipso facto make the case an agrarian dispute. While the Court recognizes the legal requirement for clearances in the sale and transfer of agricultural lands, the DARAB's jurisdiction over such dispute is limited by the qualification that the land involved is under the administration and disposition of the Department of Agrarian Reform and Land Bank or, under the coverage of the CARP or other agrarian laws (DARPO, Laguna v. Paramount Holdings-Equities, Inc., et al, G.R. No. 176838. June 13, 2013).