Camacho Vs Pangulayan
Camacho Vs Pangulayan
SUPREME COURT
Manila
THIRD DIVISION
A.C. No. 4807
March 22, 2000
MANUEL N. CAMACHO, complainant,
vs.
ATTYS. LUIS MEINRADO C. PANGULAYAN, REGINA D. BALMORES,
CATHERINE V. LAUREL and HUBERT JOAQUIN P. BUSTOS of PANGULAYAN
AND ASSOCIATES LAW OFFICES, respondents.
VITUG, J.:
Facts:
Atty. Manuel N. Camacho filed a complaint against the lawyers comprising the
Pangulayan and Associates Law Offices charged that respondents, then counsel for
the defendants, procured and effected on separate occasions, without his
knowledge, compromise agreements ("Re-Admission Agreements") with four of his
clients in the aforementioned civil case which, in effect, required them to waive all
kinds of claims they might have had against AMACC. Complainant averred that
such an act of respondents was unbecoming of any member of the legal profession
warranting either disbarment or suspension from the practice of law. Attorney
Pangulayan acknowledged that not one of his co-respondents had taken part in the
negotiation, discussion, formulation, or execution of the various Re-Admission
Agreements complained of, the Re-Admission Agreements, he claimed, had nothing
to do with the dismissal of Civil Case Q-97-30549 and were executed for the sole
purpose of effecting the settlement of an administrative case. The denial of the
appeal made by the students to Dr. Amable R. Aguiluz V, AMACC President, gave
rise to the commencement of Civil Case No. Q-97-30549. While the civil case was
still pending, letters of apology and Re-Admission Agreements were separately
executed by and/or in behalf of some of the expelled students.
Issue:
Whether or not respondent violates Canon 9 of the CPE?
Ruling:
Yes. It would appear that when the individual letters of apology and ReAdmission Agreements were formalized, complainant was by then already the
retained counsel for plaintiff students in the civil case. Respondent Pangulayan had
full knowledge of this fact. Although aware that the students were represented by
counsel, respondent attorney proceeded, nonetheless, to negotiate with them and
their parents without at the very least communicating the matter to their lawyer,
herein complainant, who was counsel of record in Civil Case No. Q-97-30549. This
failure of respondent, whether by design or because of oversight, is an inexcusable
violation of the canons of professional ethics and in utter disregard of a duty owing
to a colleague. Respondent fell short of the demands required of him as a lawyer
and as a member of the Bar.
The allegation that the context of the Re-Admission Agreements centers only
on the administrative aspect of the controversy is belied by the
Manifestation1 which, among other things, explicitly contained the following
stipulation; viz:
1. Among the nine (9) signatories to the complaint, four (4) of whom assisted
by their parents/guardian already executed a Re-Admission Agreement with AMACC
President, AMABLE R. AGUILUZ V acknowledging guilt for violating the AMA
COMPUTER COLLEGE MANUAL FOR DISCIPLINARY ACTIONS and agreed among
others to terminate all civil, criminal and administrative proceedings which they
may have against the AMACC arising from their previous dismissal.
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3. Consequently, as soon as possible, an Urgent Motion to Withdraw from Civil
Case No. Q-97-30549 will by filed them.1wphi1