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Magdaluyo Vs Nace
Magdaluyo Vs Nace
dispute had been existing between the parties before the PARAB, thus deceiving the
court and giving it an inaccurate appreciation of facts.
Lastly, respondent was delinquent in his duty as a lawyer to maintain only such suits as
appears to him to be just and such defenses only as he believes to be honestly debatable.
It has long been settled that Spanish titles cannot be used as evidence of land ownership.
Yet respondent dares raise the same in his complaint to defeat Complainant's duly
registered certificate of title. Any lawyer would know that a Spanish title would have no
legal leg to stand on in the face of Transfer Certificate of Title over the same parcel of
land."[1]
The IBP recommends that respondent be reprimanded for his unprofessional and improper acts. Being
fully supported by the evidence on record, we concur with the IBP's findings and recommendation.
Clearly, respondent violated the prohibition in the Code of Professional Responsibility against engaging in
unlawful, dishonest, immoral or deceitful conduct.[2] He was, indeed, less than sincere in asserting two
conflicting rights over a portion of land that, in all probability, he knew not to be his. What made matters
worse was his participation in bringing such claims to court, knowing them to be contradictory and
therefore cannot both be true, though both could be totally false. In this he is guilty of consenting to if not
actual commission of a falsehood before a court, again in violation of the Code of Professional
Responsibility:[3]
As a lawyer, respondent is bound by his oath to do no falsehood or consent to its commission and to
conduct himself as a lawyer according to the best of his knowledge and discretion. The lawyer's oath is a
source of obligations and violation thereof is a ground for suspension, disbarment, [4] or other disciplinary
action.[5] Respondent's acts are clearly in violation of his solemn oath as a lawyer that this Court will not
tolerate.
WHEREFORE, as recommended, respondent Atty. Enrique L. Nace is hereby REPRIMANDED for his
misconduct, with a warning that a repetition of the same or similar act shall be more severely dealt with.
SO ORDERED.
Bellosillo, (Chairman), Mendoza, Buena, and De Leon, Jr., JJ., concur.