Professional Documents
Culture Documents
Libit v. Oliva
Libit v. Oliva
SUPREME COURT
Manila
EN BANC
A.C. No. 2837 October 7, 1994
ESTEBAN M. LIBIT, complainant,
vs.
ATTYS. EDELSON G. OLIVA and FLORANDO A. UMALI, respondent.
RE S O LUTI ON
PER CURIAM:
In civil Case No. 84-24144 of the Court of First Instance of Manila, entitled "Pedro
Cutingting, plaintiff versus Alfredo Tan, defendant", the Honorable Presiding Judge
Domingo Panis issued the following order:
The Director of the National Bureau of Investigation (NBI) is hereby ordered to conduct
an investigation with the end in view of determining the author of the Sheriff's Return
which appears to have been falsified and to institute such criminal action as the evidence
will warrant. (p. 1, Final Report.)
After conducting the necessary investigation, the National Bureau of Investigation (NBI),
through herein complainant, charged respondents as follows:
That sometime in May 1984 in the City of Manila, at the Regional Trial Court, Branch
XLI, Manila, Philippines, the above-named Respondents, as Counsels for PEDRO
CUTINGTING in Civil Case No. 84-24144, entitled PEDRO CUTINGTING, Plaintiff
vs. ALFREDO TAN, Defendant, did then and there, knowingly, willfully
introduced/presented in evidence before the aforesaid Regional Trial Court, a falsified
Sheriff's Return of Summons during the hearing of the aforesaid Civil Case thereby
impending and/or obstructing the speedy administration and/or dispensation of Justice.
(p. 2, Final Report, ff. p. 69, Record.)
Respondents in their respective answers denied having any hand in the falsification of the
said sheriff's return.
Pursuant to Rule 139-B of the Rules of Court and the resolution of the Court En Banc of
April 12, 1988, the case was referred to the Commission on Bar Discipline of the
Integrated Bar of the Philippines (IBP) for investigation, report, and recommendation.
In view, however, of the report of the National Bureau of Investigation to the effect that
the signature above the typewritten name Florando Umali on the last page of the
complaint in said civil case is not his signature, complainant, through counsel, agreed to
the dismissal of the case with respect to Atty. Umali.
With respect to Atty. Edelson G. Oliva, the IBP submitted the following report and
recommendation:
There
is
ample
evidence
extant
in
the
records
to
prove
that
Atty. Oliva has something to do with the falsification of the Sheriff's Return on the
Summons in said Civil Case No. 84-24144.
The oral and documentary evidence of the complainant strongly tend to show the
following: (1) The Sheriff's Return of the Summon in the said civil case was falsified as it
was not signed by Deputy Sheriff Rodolfo Torella (Exh. "J" Sworn Statement of
Rodolfo Torella dated February 1, 1985, and Exh. "S", which is the falsified Sheriff's
Return); (2) The summons was received from the clerk of the Court of the Manila
RTC-Branch LXI by Ronaldo Romero, a messenger in the law office of Attys. Umali and
Oliva and said messenger brought the summons to the law office of the respondents (Exh.
"H" Sinumpaang Salaysay ni Ronaldo Romero, and Exh. "G", Exh. "I" Sworn
Statement dated February 28, 1985 of Mariano Villanueva, Chief Staff Asst. 2, RTC,
Manila; (3) On the basis of the falsified Sheriff's Return on the Summons, Atty. Oliva,
counsel for the defendant [should be plaintiff] in said civil case, filed a typewritten
Motion to Declare Defendant in Default (Exh.) "R" Motion to Declare Defendant In
Default
in
said
civil
case
signed
and
filed
by
Atty.
Oliva);
(4) On March 29, 1984, Atty. Oliva, in his capacity as Operations Manager of Judge Pio
R. Marcos Law Office, sent a final demand letter on Alfredo Tan, the defendant in said
Civil case, for payment of the sum of P70,174.00 (Exh. "T" Demand Letter dated
March 28, 1984 of Atty. Oliva addressed to Alfredo Tan); (5) The demand letter of Atty.
Oliva (Exh. "T"), the complaint in said civil case (Exh. "Q", "Q-1", and "Q-2"), the
falsified Sheriff's Return on the Summons (Exh. "S"), the Motion To Declare Defendant
In
Default
dated
October
30,
1984
signed
and
filed
by
Atty. Oliva (Exh. "R" and "R-1") were typed on one and the same typewriter, as shown in
the Questioned Document Report No. 198-585 dated 19 June 1985 (Exh. "Q", "Q-1" and
"Q-2";
Exh.
"V",
"V-1"
and
"V-2").
After the careful review of the record of the case and the report and recommendation of
the IBP, the Court finds that respondent Atty. Edelson G. Oliva committed acts of
misconduct which warrant the exercise by the Court of its disciplinary powers. The facts,
as supported by the evidence, obtaining in this case indubitably reveal respondent's
failure to live up to his duties as a lawyer in consonance with the strictures of the lawyer's
oath, the Code of Professional Responsibility, and the Canons of Professional Ethics. A
lawyer's responsibility to protect and advance the interests of his client does not warrant a
course of action propelled by ill motives and malicious intentions against the other party.
At this juncture, it is well to stress once again that the practice of law is not a right but a
privilege bestowed by the State on those who show that they possess, and continue to
possess, the qualifications required by law for the conferment of such privilege. One of
these requirements is the observance of honesty and candor. It can not be gainsaid that
candidness, especially towards the courts, is essential for the expeditious administration
of justice. Courts are entitled to expect only complete candor and honesty from the
lawyers appearing and pleading before them. A lawyer, on the other hand, has the
fundamental duty to satisfy the expectation. It is essential that lawyers bear in mind at all
times that their first duty is not to their clients but rather to the courts, that they are above
all court officers sworn to assist the courts in rendering justice to all and sundry, and only
secondarily are they advocates of the exclusive interests of their clients. For this reason,
he is required to swear to do no falsehood, nor consent to the doing of any in court
(Chavez vs. Viola, 196 SCRA 10 [1991].
In this case, respondent Atty. Edelson Oliva has manifestly violated that part of his oath
as a lawyer that he shall not do any falsehood. He has likewise violated Rule 10.01 of the
Code of Professional Responsibility which provides:
A lawyer shall not do any falsehood, nor consent to the doing of any in court nor shall he
mislead or allow the court to be misled by any artifice.
Accordingly, the Court resolved to impose upon Atty. Edelson Oliva the supreme penalty
of DISBARMENT. His license to practice law in the Philippines is CANCELLED and
the Bar Confidant is ordered to strike out his name from the Roll of Attorneys.
The case is ordered dismissed as against Atty. Florando Umali.
SO ORDERED.
Narvasa, C.J., Cruz, Padilla, Bidin, Regalado, Davide, Jr., Romero, Bellosillo, Melo,
Quiason, Puno, Vitug, Kapunan and Mendoza, JJ., concur. Feliciano, J., is on leave.