Professional Documents
Culture Documents
IV.4 The Lawyer and The Client (C14-C18)
IV.4 The Lawyer and The Client (C14-C18)
A.C. No. 6155 March 14, 2006 At that juncture, complainants engaged the services of herein
respondent for the accused. Respondent then filed a Motion
MA. GINA L. FRANCISCO, JOSEPHINE S. TAN and
for Reconsideration with the Sandiganbayan but it was
CARLOS M. JOAQUIN, Complainants,
denied in a Resolution dated 21 August 2001. Unfazed by the
vs.
denial, respondent filed an Urgent Motion for Leave to File
ATTY. JAIME JUANITO P. PORTUGAL, Respondent.
Second Motion for Reconsideration, with the attached Second
DECISION Motion for Reconsideration.3 Pending resolution by the
Sandiganbayan, respondent also filed with this Court a
TINGA, J.: Petition for Review on Certiorari (Ad Cautelam) on 3 May
2002.
Complainants filed before this Court an affidavit-complaint 1
on 15 August 2003 against Atty. Jaime Juanito P. Portugal Thereafter, complainants never heard from respondent again
(respondent) for violation of the Lawyers Oath, gross despite the frequent telephone calls they made to his office.
misconduct, and gross negligence. Complainants are related When respondent did not return their phone inquiries,
to petitioners in G.R. No. 152621-23 entitled SPO1 Ernest C. complainants went to respondents last known address only
Francisco, SPO1 Donato F. Tan and PO3 Rolando M. Joaquin v. to find out that he had moved out without any forwarding
People of the Philippines, in whose behalf respondent filed address.
the Petition for Review on Certiorari (Ad Cautelam) in the
case. More than a year after the petition was filed, complainants
were constrained to personally verify the status of the ad
The complaint against respondent originated from his alleged cautelam petition as they had neither news from respondent
mishandling of the above-mentioned petition which about the case nor knowledge of his whereabouts. They were
eventually led to its denial with finality by this Court to the shocked to discover that the Court had already issued a
prejudice of petitioners therein. Resolution4 dated 3 July 2002, denying the petition for late
filing and non-payment of docket fees.
The facts are as follows:
Complainants also learned that the said Resolution had
On 21 March 1994, SPO1 Ernesto C. Francisco, SPO1 Donato
attained finality and warrants of arrest5 had already been
F. Tan and PO3 Rolando M. Joaquin (eventually petitioners in
issued against the accused because respondent, whose
G.R. No. 152621-23, collectively referred to herein as the
whereabouts remained unknown, did nothing to prevent the
accused) were involved in a shooting incident which resulted
reglementary period for seeking reconsideration from
in the death of two individuals and the serious injury of
lapsing.
another. As a result, Informations were filed against them
before the Sandiganbayan for murder and frustrated murder. In his Comment,6 respondent states that it is of vital
The accused pleaded not guilty and trial ensued. After due significance that the Court notes that he was not the original
trial, the Sandiganbayan2 found the accused guilty of two counsel of the accused. He only met the accused during the
promulgation of the Sandiganbayan decision convicting the letter to PO3 Rolando Joaquin (PO3 Joaquin), who served as
accused of two counts of homicide and one count of the contact person between respondent and complainants,
attempted homicide. He was merely requested by the explaining his decision to withdraw as their counsel, and
original counsel to be on hand, assist the accused, and be attaching the Notice to Withdraw which respondent
present at the promulgation of the Sandiganbayan decision. instructed the accused to sign and file with the Court. He
sent the letter through registered mail but unfortunately, he
Respondent claims that there was no formal engagement
could not locate the registry receipt issued for the letter.
undertaken by the parties. But only because of his sincere
effort and in true spirit of the Lawyers Oath did he file the Respondent states that he has asked the accused that he be
Motion for Reconsideration. Though admitting its highly discharged from the case and endorsed the Notice of
irregular character, respondent also made informal but Withdrawal to PO3 Joaquin for the latter to file with the Court.
urgent and personal representation with the members of the Unfortunately, PO3 Joaquin did not do so, as he was keenly
Division of the Sandiganbayan who promulgated the decision aware that it would be difficult to find a new counsel who
of conviction. He asserts that because of all the efforts he put would be as equally accommodating as respondent.
into the case of the accused, his other professional Respondent suggests this might have been the reason for the
obligations were neglected and that all these were done several calls complainants made to his office.
without proper and adequate remuneration.
On 9 February 2004, the Court resolved to refer the matter to
As to the ad cautelam petition, respondent maintains that it the Integrated Bar of the Philippines (IBP) for investigation,
was filed on time. He stresses that the last day of filing of the report and recommendation.
petition was on 3 April 2002 and on that very day, he filed
The case was assigned to Investigating Commissioner Leland
with this Court a Motion for Extension of Time to File Petition
R. Villadolid, Jr. (Commissioner Villadolid) who sent notices of
for Review,7 seeking an additional thirty (30) days to file the
hearing to the parties but of the three complainants, only
petition. Subsequently, on 3 May 2002, he filed the petition
complainant Carlos Joaquin appeared. Thus, in the mandatory
by registered mail and paid the corresponding docket fees.
conference held, the other two complainants were declared
Hence, so he concludes, it was filed within the reglementary
as having waived their rights to further participate in the IBP
period.
proceedings.8
Soon thereafter, respondent recounted all the "herculean"
The parties were directed to file their respective position
efforts he made in assisting the accused for almost a year
papers and on 27 May 2005, Commissioner Villadolid
after the promulgation of the Sandiganbayan decision. He
submitted his Report and Recommendation finding
considered the fact that it was a case he had just inherited
respondent guilty of violation of the Code of Professional
from the original counsel; the effect of his handling the case
Responsibility9 and recommended the imposition of penalty
on his other equally important professional obligations; the
ranging from reprimand to suspension of six (6)
lack of adequate financial consideration for handling the
months.1awph!l.net10 On 12 November 2005, the Board of
case; and his plans to travel to the United States to explore
Directors of the IBP resolved to adopt and approve
further professional opportunities. He then decided to
Commissioner Villadolids recommendation to find
formally withdraw as counsel for the accused. He wrote a
respondent guilty and specifically to recommend his did not toll the reglementary period to appeal. Having failed
suspension for six (6) months as penalty. to do so, the accused had already lost their right to appeal
long before respondent filed his motion for extension.
The only issue to be resolved in the case at bar is,
Therefore, respondent cannot now say he filed the ad
considering all the facts presented, whether respondent
cautelam petition on time. Also important to note is the
committed gross negligence or misconduct in handling G.R.
allegation of complainants that the Sandiganbayan denied
No. 152621-23, which eventually led to the ad cautelam
the second motion for reconsideration in its Resolution dated
petitions dismissal with finality.
7 February 2002. This respondent does not dispute.
After careful consideration of the records of the case, the
As to respondents conduct in dealing with the accused and
Court finds the suspension recommended by the IBP proper.
complainants, he definitely fell short of the high standard of
In a criminal case like that handled by respondent in behalf of assiduousness that a counsel must perform to safeguard the
the accused, respondent has a higher duty to be circumspect rights of his clients. As aptly observed by Commissioner
in defending the accused for it is not only the property of the Villadolid, respondent had not been quite candid in his
accused which stands to be lost but more importantly, their dealings with the accused or complainants. The Court notes
right to their life and liberty. As held in Regala v. that though respondent represented to the accused that he
Sandiganbayan:11 had changed his office address, still, from the examination of
the pleadings14 he filed, it can be gleaned that all of the
Thus, in the creation of lawyer-client relationship, there pleadings have the same mailing address as that known to
are rules, ethical conduct and duties that breathe life complainants. Presumably, at some point, respondents office
into it, among those, the fiduciary duty to his client would have received the Courts Resolution dismissing the
which is of very delicate, exacting and confidential petition. Of course, the prudent step to take in that situation
character, requiring a very high degree of fidelity and was to at least inform the client of the adverse resolution
good faith, that is required by reason of necessity and since they had constantly called respondents office to check
public interest x x x . the status of the case. Even when he knew that complainants
had been calling his office, he opted not to return their calls.
It is also the strict sense of fidelity of a lawyer to his
client that distinguishes him from any other profession Respondent professed an inkling that the several phone calls
in society. x x x12 of complainants may have been about the letter he sent PO3
Joaquin regarding his desire to be discharged as counsel of
At the onset, the Court takes notice that the ad cautelam
the case. However, though aware of such likelihood,
petition was actually filed out of time. Though respondent
respondent still did not return their calls. Had he done so, he
filed with the Sandiganbayan an Urgent Motion for Leave to
and complainants could have threshed out all unresolved
File Second Motion for Reconsideration with the attached
matters between them.
Second Motion for Reconsideration, he should have known
that a second motion for reconsideration is a prohibited Had respondent truly intended to withdraw his appearance
pleading13 and it rests on the sound discretion of the for the accused, he as a lawyer who is presumably steeped in
Sandiganbayan to admit it or not. Thus, in effect, the motion court procedures and practices, should have filed the notice
of withdrawal himself instead of the accused. At the very before its final adjudication arises only from the clients
least, he should have informed this Court through the written consent or from a good cause.16
appropriate manifestation that he had already given
We agree with Commissioner Villadolid that the dismissal of
instructions to his clients on the proper way to go about the
the ad cautelam petition was primarily due to the gross
filing of the Notice of Withdrawal, as suggested by
negligence of respondent. The Court has stressed in Aromin
Commissioner Villadolid. In not so doing, he was negligent in
v. Boncavil17 that:
handling the case of the accused.
Once he agrees to take up the cause of the client, the
Certainly, respondent ought to know that he was the one who
lawyer owes fidelity to such cause and must always be
should have filed the Notice to Withdraw and not the
mindful of the trust and confidence reposed in him. He
accused. His tale that he sent a registered letter to the
must serve the client with competence and diligence,
accused and gave them instructions on how to go about
and champion the latters cause with wholehearted
respondents withdrawal from the case defies credulity. It
fidelity, care, and devotion. Elsewise stated, he owes
should have been respondent who undertook the appropriate
entire devotion to the interest of the client, warm zeal
measures for the proper withdrawal of his representation. He
in the maintenance and defense of his clients rights,
should not have relied on his client to do it for him if such
and the exertion of the his utmost learning and ability
was truly the case. Without the presentation of the alleged
to the end that nothing be taken or withheld from his
registry receipt (or the return card, which confirms the
client, save by the rules of law, legally applied. This
receipt of the mail by the recipient) of the letter he allegedly
simply means that his client is entitled to the benefit of
sent to PO3 Joaquin, the Court cannot lend credence to
any and every remedy and defense that is authorized
respondents naked claim, especially so that complainants
by the law of the land and he may expect his lawyer to
have been resolute in their stand that they did not hear from
assert every such remedy or defense. If much is
respondent after the latter had filed the ad cautelam petition.
demanded from an attorney, it is because the
He could relieve himself of his responsibility as counsel only
entrusted privilege to practice law carries with it the
first by securing the written conformity of the accused and
correlative duties not only to the client but also to the
filing it with the court pursuant to Rule 138, Section 26 of the
court, to the bar, and to the public. A lawyer who
Rules of Court.15
performs his duty with diligence and candor not only
The rule in this jurisdiction is that a client has the absolute protects the interest of his client; he also serves the
right to terminate the attorney-client relation at anytime with ends of justice, does honor to the bar, and helps
or without cause. The right of an attorney to withdraw or maintain the respect of the community to the legal
terminate the relation other than for sufficient cause is, profession.18
however, considerably restricted. Among the fundamental
Respondent has time and again stated that he did all the
rules of ethics is the principle that an attorney who
endeavors he enumerated without adequate or proper
undertakes to conduct an action impliedly stipulates to carry
remuneration. However, complainants have sufficiently
it to its conclusion. He is not at liberty to abandon it without
disputed such claim when they attached in their position
reasonable cause. A lawyers right to withdraw from a case
paper filed before the IBP a machine validated deposit slip in
the amount of P15,500.00 for the Metro Bank savings accused was engaged in. He described the incident, thus:
account of one Jaime Portugal with account number "the accused police officers who had been convicted of
7186509273.19 Respondent has neither admitted nor denied [h]omicide for the salvage of Froilan G. Cabiling and Jose M.
having claimed the deposited amount. Chua and [a]ttempted [h]omicide of Mario C. Macato." 23 Rule
14.0124 of the Code of Professional Responsibility clearly
The Court also rejects respondents claim that there was no
directs lawyers not to discriminate clients as to their belief of
formal engagement between the parties and that he made all
the guilt of the latter. It is ironic that it is the defense counsel
his efforts for the case without adequate and proper
that actually branded his own clients as being the culprits
consideration. In the words of then Justice Panganiban
that "salvaged" the victims. Though he might think of his
(presently Chief Justice) in Burbe v. Atty. Magulta: 20
clients as that, still it is unprofessional to be labeling an event
After agreeing to take up the cause of a client, a lawyer owes as such when even the Sandiganbayan had not done so.
fidelity to both cause and client, even if the client never paid
The IBP Board of Governors recommended the suspension of
any fee for the attorney-client relationship. Lawyering is not a
respondent for six (6) months, the most severe penalty
business; it is a profession in which duty of public service, not
recommended by Commissioner Villadolid, but did not
money, is the primary consideration.21
explain why such penalty was justified. In a fairly recent case
Also to the point is another case where this Court ruled, thus: where the lawyer failed to file an appeal brief which resulted
to the dismissal of the appeal of his client in the Court of
A written contract is not an essential element in the Appeals, the Court imposed upon the erring lawyer the
employment of an attorney; the contract may be penalty of three (3) months suspension.25 The Court finds it
express or implied. To establish the relation, it is fit to impose the same in the case at bar.
sufficient that the advice and assistance of an attorney
is sought and received in any matter pertinent to his WHEREFORE, premises considered, respondent is hereby
profession. x x x 22 SUSPENDED from the practice of law for three (3) months. Let
a copy of the Resolution be furnished the Bar Confidant for
Hence, even if respondent felt under-compensated in the appropriate annotation in the record of respondent.
case he undertook to defend, his obligation embodied in the
Lawyers Oath and the Code of Professional Responsibility SO ORDERED.
still remains unwavering. The zeal and the degree of fervor in
handling the case should neither diminish nor cease just
because of his perceived insufficiency of remuneration.
Rule 14.02 - PROVIDING COUNSEL DE OFICIO A lawyer shall not decline, except for serious and sufficient
cause, an appointment as counsel de officio or as amicus
curiae, or a request from the Integrated Bar of the Philippines the bar are not available, the court may appoint any person,
or any of its chapters for rendition of free legal aid. resident of the province and of good repute for probity and
ability, to defend the accused. (7a)
Rules of Court, Rule 116, Sec. 6-8 AUTHORIZING THE DESIGNATION OF MUNICIPAL
JUDGES AND LAWYERS IN ANY BRANCH OF THE
Section 6. Duty of court to inform accused of his right GOVERNMENT SERVICE TO ACT AS COUNSEL DE OFICIO
to counsel. Before arraignment, the court shall inform the FOR THE ACCUSED WHO ARE INDIGENT IN PLACES
accused of his right to counsel and ask him if he desires to WHERE THERE ARE NO AVAILABLE PRACTICING
have one. Unless the accused is allowed to defend himself in ATTORNEYS
person or has employed a counsel of his choice, the court
must assign a counsel de oficio to defend him. (6a) WHEREAS, under existing law, Municipal Judges and other
lawyers in the government service are prohibited from
Section 7. Appointment of counsel de oficio. The practicing law;
court, considering the gravity of the offense and the difficulty
of the questions that may arise, shall appoint as counsel de WHEREAS, there are some places where there are no
oficio only such members of the bar in good standing who, by available legal practitioners, as a result of which the trial of
reason of their experience and ability, can competently cases in court is delayed to the prejudice particularly of
defend the accused. But in localities where such members of detention prisoners;
WHEREAS, for the protection of the rights of the accused who For purposes of this Decree an indigent person is anyone who
cannot afford to hire lawyers from other places and to has no visible means of support or whose income does not
prevent miscarriage of justice, it is necessary that they be exceed P300 per month or whose income even in excess of
provided with counsel; P300 is insufficient for the subsistence of his family, which
fact shall be determined by the Judge in whose court the case
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
is pending, taking into account the number of the members
Philippines, by virtue of the powers in me vested by the
of his family dependent upon him for subsistence.
Constitution as commander-in-Chief of the Armed Forces of
the Philippines, and pursuant to Proclamation No. 1081, Section 2. Repealing Clause. All laws and decrees
dated September 21, 1972, and General Order No. 1, dated inconsistent with this Decree are hereby repealed.
September 22, 1972, as amended, do hereby order and
Section 3. Effectivity. This Decree shall take effect
decree as follows:
immediately.
Section 1. Designation of Municipal Judges and lawyers in
DONE in the City of Manila, this 21st day of August, in the
any branch of the government service, as counsel de oficio.
year of Our Lord, nineteen hundred and seventy-four.
In places where there are no available practicing lawyers, the
District Judge or Circuit Criminal Court Judge shall designate a
municipal judge or a lawyer employed in any branch,
subdivision or instrumentality of the government within the ---
province, as counsel de oficio for an indigent person who is
Rule 14.04 SAME STANDARD OF CONDUCT FOR
facing a criminal charge before his court, and the services of
PAYING AND NON-PAYING CLIENTS
such counsel de oficio shall be duly compensated by the
Government in accordance with Section thirty-two, Rule One A lawyer who accepts the cause of a person unable to pay his
Hundred Thirty Eight of the Rules of Court. professional fees shall observe the same standard of conduct
If the criminal case wherein the services of a counsel de governing his relations with paying clients.
oficio are needed is pending before a City or municipal court,
the city or municipal judge concerned shall immediately
recommend to the nearest District Judge the appointment of
a counsel de oficio, and the District Judge shall forthwith
appoint one in accordance with the preceding paragraph.
IN RE: ADRIANO On September 25, 1967, Adriano was ordered to show cause
within ten days from notice thereof why disciplinary action
G.R. No. L-26868 February 27, 1969
should not be taken against him for failure to file appellant's
IN THE MATTER OF ATTORNEY LOPE E. ADRIANO brief despite the lapse of the time therefor. Adriano did not
Member of the Philippine Bar. PEOPLE OF THE bother to give any explanation.
PHILIPPINES, plaintiff-appellee,
For failing to comply with the September 25, 1967 resolution,
vs. this Court, on October 3, 1968, resolved to impose upon him
a fine of P500 payable to this Court within fifteen days from
REMIGIO ESTEBIA, accused-appellant. notice with a warning that upon further non-compliance with
the said resolution of September 25, 1967 within the same
SANCHEZ, J.:
period of fifteen days, "more drastic disciplinary action will be
Once again, this Court is confronted with the unwanted task taken against him." Still, counsel paid no heed.
of ascertaining whether certain acts and conduct of a
Finally, on December 5, 1968, this Court ordered Adriano to
member of the Bar deserve disciplinary action.
show cause within ten days from notice thereof why he
The problem arose because of facts that follow: should not be suspended from the practice of law "for gross
misconduct and violation of his oath of office as attorney." By
One Remigio Estebia was convicted of rape by the Court of express order of this Court, the resolution was personally
First Instance of Samar, 1 and sentenced to suffer the capital served upon him on December 18, 1968. He ignored the
punishment. His case came up before this Court on review. resolution.
On December 14, 1966, Lope E. Adriano, a member of the Upon the facts just narrated, we now pass judgment.
Bar, was appointed by this Court as Estebia's counsel de
oficio. In the notice of his appointment, Adriano was required 1. By specific authority, this Court may assign an attorney to
to prepare and file his brief within thirty days from notice. He render professional aid to a destitute appellant in a criminal
was advised that to enable him to examine the case, the case who is unable to employ an attorney. Correspondingly, a
record would be at his disposal. Adriano received this notice duty is imposed upon the lawyer so assigned "to render the
on December 20, 1966. On January 19, 1967, Adriano sought required service." 2 A lawyer so appointed "as counsel for an
for a 30-day extension to file appellant's brief in indigent prisoner", our Canons of Professional Ethics demand,
mimeographed form. On February 18, Adriano again moved "should always exert his best efforts" in the indigent's behalf.
3
for a 20-day extension (his second). This was followed by a
third filed on March 8, for fifteen days. And a fourth on March
No excuse at all has been offered for non-presentation of
27, also for fifteen days. He moved for a "last" extension of
appellant's brief. And yet, between December 20, 1966, when
ten days on April 11. On April 21, he even sought a special
he received notice of his appointment, and December 5,
extension of five days. All these motions for extension were
1968, when the last show cause order was issued by this
granted. The brief was due on April 26, 1967. But no brief
Court, more than sufficient time was afforded counsel to
was filed.
prepare and file his brief de oficio. The death sentence below has been said that courts should "have no hesitancy in
imposed was upon a plea of guilty. The record of the demanding high standards of duty of attorneys appointed to
proceedings leading to the lower court's sentence consists of defend indigent persons charged with crime." 4 For, indeed, a
but 31 pages. Counsel had the record since January 19, 1967. lawyer who is a vanguard in the bastion of justice is expected
In fact, in his third motion for extension of time, he to have a bigger dose of social conscience and a little less of
manifested that the drafting of apellant's brief "is more than self interest. Because of this, a lawyer should remain ever
half-way through" and that "additional time is needed to conscious of his duties to the indigent he defends.
review, effectuate the necessary corrections, put in final form
Worth remembering is the 1905 case of In the matter of Jose
and print the said brief." In his motion for fourth extension,
Robles Lahesa. 5 He was counsel de oficio before the Supreme
he intimated that the preparation of the brief "is almost
Court in two cases: one for robo en cuadrilla and the other for
through" and that "additional time is needed to redraft and
homicide. He failed to take any action in behalf of the
rehash some significant portions of said brief and have the
defendants in both eases. This Court imposed upon him a
same stencilled and mimeographed upon completion of a
fine of P200. Significant is the pronouncement we there made
definitive text." His motion for last (fifth) extension of time
that: "This court should exact from its officers and
came with the excuse that he "suddenly got sick (influenza)
subordinates the most scrupulous performance of their
in the course of redrafting and rehashing some significant
official duties, especially when negligence in the performance
portions of said brief, which ailment hampered and
of those duties necessarily result in delays in the prosecution
interrupted his work thereon for sometime." Finally, in his
of criminal cases and the detention of accused persons
"Special Extension of Time" to file brief, he claimed that he
pending appeal." The validity of the foregoing observation
needed only five days from April 21, 1967 to put said brief in
remains to the present day. 6 It applies to the present case.
final form and have the same stencilled and
mimeographed.lawphi1.nt Here, appellant was without brief since December 20, 1966.
The effect of this long delay need not be essayed. We,
In the face of the fact that no brief has ever been filed,
therefore, find that Attorney Lope E. Adriano has violated his
counsel's statements in his motions for extension have gone
oath that he will conduct himself as a lawyer according to the
down to the level of empty and meaningless words; at best,
best of his "knowledge and discretion".
have dubious claim to veracity.
2. An attorney's duty of prime importance is "[t]o observe
It is true that he is a court-appointed counsel. But we do say
and maintain the respect due to the courts of justice and
that as such counsel de oficio, he has as high a duty to the
judicial officers. The first Canon of the Code of Ethics enjoins
accused as one employed and paid by defendant himself.
a lawyer "to maintain towards the Courts a respectful
Because, as in the case of the latter, he must exercise his
attitude, not for the sake of the temporary incumbent of the
best efforts and professional ability in behalf of the person
judicial office, but for the maintenance of its supreme
assigned to his care. His is to render effective assistance. The
importance." By the oath of office, the lawyer undertook to
accused defendant expects of him due diligence, not mere
"obey the laws as well as the legal orders of the duly
perfunctory representation. We do not accept the paradox
constituted authorities." In People vs. Carillo, 8 this Court's
that responsibility is less where the defended party is poor. It
pointed observation was that as an officer of the court, it is a
lawyer's "sworn and moral duty to help build and not destroy Controlling here is the 1961 decision In the Matter of Atty.
unnecessarily that high esteem and regard towards the Filoteo Dianala Jo. 10 There, as here, counsel failed to file
courts so essential to the proper administration of justice." appellant's brief (in a criminal case) despite extensions of
time granted him by this Court. Likewise, this Court issued a
Here, we have a clear case of an attorney whose acts exhibit
show-cause order why disciplinary action should not be taken
willful dis-obedience of lawful orders of this Court. A cause
against him. The explanation was considered unsatisfactory.
sufficient is thus present for suspension or disbarment. 9
This Court imposed a fine of P50 payable in ten days from
Counsel has received no less than three resolutions of this
notice. Attorney Dianala Jo did not pay that fine. Came the
Court requiring compliance of its orders. To be recalled is that
subsequent resolution of this Court advising him to pay the
on September 25, 1967, this Court directed him, in ten days
fine, otherwise, he would be arrested and confined to jam.
from notice, to show cause why disciplinary action should not
This warning was not heeded. On November 18, 1960, the
be taken against him for his failure to file appellant's brief
Court resolved to give him ten days from notice within which
despite the lapse of the time therefor. Nothing was done by
to explain why he should not be suspended from the practice
counsel for over a year. To impress upon counsel the gravity
of law. Despite receipt of this notice, he did not care to
of his repeated failure to obey this Court's orders, on October
explain his behaviour which this Court considered as
3,1968, a fine of P500 was clamped upon him. He was
"consumacy and unwillingness to comply with the lawful
directed to pay that fine in ten days. He was in that order
orders of this Court of which he is an officer or to conduct
also required to file his brief in fifteen days. He was warned
himself as a lawyer should, in violation of his oath of office."
that more drastic disciplinary action would be taken upon his
He was suspended from the practice of law for three months.
failure to do either. Still he remained unmoved. Then, this
Court issued the peremptory order of December 5, 1968 In the present case, counsel's pattern of conduct, it would
commanding him to show cause within ten days from notice seem to us, reveals a propensity on the part of counsel to
thereof why he should not be suspended from the practice of benumb appreciation of his obligation as counsel de oficio
law for gross misconduct and violation of his oath of office. and of the courtesy and respect that should be accorded this
The Court made it certain that this order would reach him. He Court.
personally acknowledged receipt thereof. He has not paid the
For the reasons given, we vote to suspend Attorney Lope E.
fine. He has done nothing.
Adriano from the practice of law throughout the Philippines
This is 1969. No brief has as yet been filed. And this, inspite for a period of one (1) year.
of the fact that as early as March 27, 1967, when he moved
Let a copy of this resolution be attached to the personal
for a fourth extension of time to file his brief de oficio, he
record, in this Court, of Lope E. Adriano as member of the
represented to this Court that all that was needed was to
Bar. So ordered.
redraft and to rehash some significant portions of the brief
which was almost through and to have the same stencilled Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar,
and mimeographed upon completion of a definitive text. Castro, Fernando, Capistrano, Teehankee and Barredo, JJ.,
concur.
Disrespect is here present. Contumacy is as patent.
Disciplinary action is in order.
Rule 14.03 VALID GROUND FOR REFUSAL where Ilo and Avila were being detained and made
representations that he could secure their freedom if they
A lawyer may not refuse to accept representation of an sign the prepared extrajudicial confessions; that unknown to
indigent client if: the two accused, respondent was representing the heirs of
the murder victim; that on the strength of the extrajudicial
(a) he is not in a position to carry out the work effectively or
confessions, cases were filed against them, including herein
competently;
complainant who was implicated in the extrajudicial
(b) he labors under a conflict of interest between him and the confessions as the mastermind in the criminal activities for
prospective client or between a present client and the which they were being charged.
prospective client. Respondent denied the accusations against him. He
explained that while being detained at the Calabanga
Municipal Police Jail, Avila sought his assistance in drafting an
PEREZ V. ATTY. DELA TORRE extrajudicial confession regarding his involvement in the
crimes of kidnapping for ransom, murder and robbery. He
A.C. No. 6160 March 30, 2006
advised Avila to inform his parents about his decision to
NESTOR PEREZ , Complainant, make an extrajudicial confession, apprised him of his
vs. constitutional rights and of the possibility that he might be
ATTY. DANILO DE LA TORRE, Respondent. utilized as a state-witness.
CANOY V. ATTY. ORTIZ There are no good reasons that would justify a lawyer
virtually abandoning the cause of the client in the midst of
A.C. No. 5485 March 16, 2005
litigation without even informing the client of the fact or
ELMER CANOY, Complainant, cause of desertion. That the lawyer forsook his legal practice
vs. on account of what might be perceived as a higher calling,
ATTY. JOSE MAX ORTIZ, respondent. election to public office, does not mitigate the dereliction of
professional duty. Suspension from the practice is the usual
DECISION penalty, and there is no reason to deviate from the norm in
this case.
TINGA, J.:
A Complaint1 dated 10 April 2001 was filed with the Office of victory which he generously attributes to the help "of the
the Bar Confidant by Elmer Canoy (Canoy) accusing Atty. Jose same people whom he had helped by way of legal assistance
Max Ortiz (Atty. Ortiz) of misconduct and malpractice. It was before."7
alleged that Canoy filed a complaint for illegal dismissal
Canoy was among those low-income clients whom Atty. Ortiz
against his former employer, Coca Cola Bottlers Philippines.
deigned to represent. The lawyer was apparently confident
The complaint was filed with the National Labor Relations
that the illegal dismissal case would eventually be resolved
Commission (NLRC) Regional Arbitration Board VI in Bacolod
by way of compromise. He claims having prepared the
City.2 Atty. Ortiz appeared as counsel for Canoy in this
position paper of Canoy, but before he could submit the
proceeding. In 1998, the labor arbiter hearing the complaint
same, the Labor Arbiter had already issued the order
ordered the parties to submit their respective position
dismissing the case.8 Atty. Ortiz admits though that the
papers. Canoy submitted all the necessary documents and
period within which to file the position paper had already
records to Atty. Ortiz for the preparation of the position paper.
lapsed. He attributes this failure to timely file the position
Thereafter, he made several unfruitful visits to the office of
paper to the fact that after his election as Councilor of
Atty. Ortiz to follow-up the progress of the case. After a final
Bacolod City, "he was frankly preoccupied with both his
visit at the office of Atty. Ortiz in April of 2000, during which
functions as a local government official and as a practicing
Canoy was told to come back as his lawyer was not present,
lawyer." Eventually, "his desire to help was beyond physical
Canoy decided to follow-up the case himself with the NLRC.
limitations," and he withdrew from his other cases and his
He was shocked to learn that his complaint was actually
"free legal services."9
dismissed way back in 1998, for failure to prosecute, the
parties not having submitted their position papers. 3 The According to Atty. Ortiz, "Mr. Canoy should have at least
dismissal was without prejudice. Canoy alleged that Atty. understood that during all that time, he was free to visit or
Ortiz had never communicated to him about the status of the call the office and be entertained by the secretary as [he]
case, much less the fact that he failed to submit the position would normally report to the office in the afternoon as he had
paper. to attend to court trials and report to the Sanggunian
office."10 He states that it was his policy to inform clients that
The Comment4 filed by Atty. Ortiz is the epitome of self-
they should be the ones to follow-up their cases with his
hagiography. He informs the Court that since commencing his
office, as it would be "too difficult and a financial burden to
law practice in 1987, he has mostly catered to indigent and
attend making follow-ups with hundreds of clients, mostly
low-income clients, at considerable financial sacrifice to
indigents" with only two office personnel.11
himself. Atty. Ortiz claims that for more than ten years, his
law office was a virtual adjunct of the Public Attorney's Office Nonetheless, Atty. Ortiz notes that the dismissal of Canoy's
with its steady stream of non-paying clients in the "hundreds complaint was without prejudice, thus the prescriptive period
or thousands."5 At the same time, he hosted a legal had been tolled. He claims not being able to remember
assistance show on the radio, catering to far-flung whether he immediately informed Canoy of the dismissal of
municipalities and reaching "the people who need legal the case, though as far as he could recall, Canoy had
advice and assistance."6 Atty. Ortiz pursued on with this conveyed a message to him that he had a lawyer to handle
lifestyle until his election as Councilor of Bacolod City, a the case, thus his office did not insist on refiling the same. 12
The matter was referred to the Integrated Bar of the Several of the canons and rules in the Code of Professional
Philippines (IBP) for investigation, report and Responsibility guard against the sort of conduct displayed by
recommendation.13 Canoy eventually submitted a motion Atty. Ortiz with respect to the handling of Canoy's case.
withdrawing the complaint, but this was not favorably acted
CANON 17A LAWYER OWES FIDELITY TO THE CAUSE
upon by the IBP in view of the rule that the investigation of a
OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
case shall not be interrupted or terminated by reason of
TRUST AND CONFIDENCE REPOSED IN HIM.
withdrawal of the charges.14 Eventually, the investigating
commissioner concluded that "clearly, the records show that CANON 18A LAWYER SHALL SERVE HIS CLIENT WITH
[Atty. Ortiz] failed to exercise that degree of competence and COMPETENCE AND DILIGENCE.
diligence required of him in prosecuting his clients' (sic)
claim," and recommended that Atty. Ortiz be reprimanded. 15 ...
The IBP Commission on Discipline adopted the
Rule 18.03A lawyer shall not neglect a legal matter
recommendation, with the slight modification that Atty. Ortiz
entrusted to him, and his negligence in connection
be likewise warned that a repetition of the same negligence
therewith shall render him liable.
shall be dealt with more severely in the future.
Rule 18.04A lawyer shall keep the client informed of
The Court is sensitive to the difficulties in obtaining legal
the status of his case and shall respond within a
representation for indigent or low-income litigants. Apart
reasonable time to the client's request for information.
from the heroic efforts of government entities such as the
Public Attorney's Office, groups such as the IBP National ...
Committee on Legal Aid and the Office of Legal Aid of the UP
College of Law have likewise been at the forefront in the CANON 22A LAWYER SHALL WITHDRAW HIS SERVICES
quest to provide legal representation for those who could not ONLY FOR GOOD CAUSE AND UPON NOTICE
otherwise afford the services of lawyers. The efforts of APPROPRIATE IN THE CIRCUMSTANCES.
private practitioners who assist in this goal are especially ...
commendable, owing to their sacrifice in time and resources
beyond the call of duty and without expectation of pecuniary Rule 22.02 A lawyer who withdraws or is discharged
reward. shall, subject to a retainer lien, immediately turn over
all papers and property to which the client is entitled,
Yet, the problem of under-representation of indigent or low- and shall cooperate with his successor in the orderly
income clients is just as grievous as that of non- transfer of the matter, including all information
representation. Admirable as the apparent focus of Atty. necessary for the proper handling of the matter.
Ortiz's legal practice may have been, his particular
representation of Canoy in the latter's illegal dismissal case Atty. Ortiz should have filed the position paper on time, owing
leaves much to be desired. to his duty as counsel of Canoy to attend to this legal matter
entrusted to him. His failure to do so constitutes a violation of
Rule 18.03 of the Code of Professional Responsibility.
Once he agrees to take up the cause of a client, a lawyer filing the position paper on time or informing Canoy that the
owes fidelity to such cause and must always be mindful of paper could not be submitted seasonably, the ignominy of
the trust and confidence reposed in him. He must serve the having the complaint dismissed for failure to prosecute could
client with competence and diligence and champion the not be avoided.
latter's cause with wholehearted fidelity, care and devotion.
That the case was dismissed without prejudice, thus allowing
Elsewise stated, he owes entire devotion to the interest of
Canoy to refile the case, hardly serves to mitigate the liability
the client, warm zeal in the maintenance and defense of his
of Atty. Ortiz, as the failure to file the position paper is per se
client's rights, and the exertion of his utmost learning and
a violation of Rule 18.03.18
ability to the end that nothing be taken or withheld from his
client, save by the rules of law, legally applied. This simply Neither is the Court mollified by the circumstance of Atty.
means that his client is entitled to the benefit of any and Ortiz's election as a City Councilor of Bacolod City, as his
every remedy and defense that is authorized by the law of adoption of these additional duties does not exonerate him of
the land and he may expect his lawyer to assert every such his negligent behavior. The Code of Professional
remedy or defense. If much is demanded from an attorney, it Responsibility does allow a lawyer to withdraw his legal
is because the entrusted privilege to practice law carries with services if the lawyer is elected or appointed to a public
it the correlative duties not only to the client but also to the office.19 Statutes expressly prohibit the occupant of particular
court, to the bar and to the public. A lawyer who performs his public offices from engaging in the practice of law, such as
duty with diligence and candor not only protects the interest governors and mayors,20 and in such instance, the attorney-
of his client; he also serves the ends of justice, does honor to client relationship is terminated.21 However, city councilors
the bar and helps maintain the respect of the community to are allowed to practice their profession or engage in any
the legal profession.16 occupation except during session hours, and in the case of
lawyers such as Atty. Ortiz, subject to certain prohibitions
If indeed Atty. Ortiz's schedule, workload, or physical
which are not relevant to this case. 22 In such case, the lawyer
condition was such that he would not be able to make a
nevertheless has the choice to withdraw his/her services. 23
timely filing, he should have informed Canoy of such fact.
Still, the severance of the relation of attorney-client is not
The relationship of lawyer-client being one of confidence,
effective until a notice of discharge by the client or a
there is ever present the need for the client to be adequately
manifestation clearly indicating that purpose is filed with the
and fully informed of the developments of the case and
court or tribunal, and a copy thereof served upon the adverse
should not be left in the dark as to the mode and manner in
party, and until then, the lawyer continues to be counsel in
which his/her interests are being defended. 17
the case.24
There could have been remedies undertaken to this inability
Assuming that Atty. Ortiz was justified in terminating his
of Atty. Ortiz to file on time the position paper had Canoy
services, he, however, cannot just do so and leave
been told of such fact, such as a request for more time to file
complainant in the cold unprotected. 25 Indeed, Rule 22.02
the position paper, or maybe even the hiring of collaborating
requires that a lawyer who withdraws or is discharged shall,
counsel or substitution of Atty. Ortiz as counsel. Since Atty.
subject to a lien, immediately turn over all papers and
Ortiz did not exercise the necessary degree of care by either
property to which the client is entitled, and shall cooperate
with his successor in the orderly transfer of the matter. Atty. suspension is warranted in lieu of an admonition or a
Ortiz claims that the reason why he took no further action on reprimand considering that Atty. Ortiz's undisputed
the case was that he was informed that Canoy had acquired negligence in failing to timely file the position paper was
the services of another counsel. Assuming that were true, compounded by his failure to inform Canoy of such fact, and
there was no apparent coordination between Atty. Ortiz and the successive dismissal of the complaint.
this new counsel.
Lawyers who devote their professional practice in
In fact, it took nearly two years before Canoy had learned representing litigants who could ill afford legal services
that the position paper had not been filed and that the case deserve commendation. However, this mantle of public
had been dismissed. This was highly irresponsible of Atty. service will not deliver the lawyer, no matter how well-
Ortiz, much more so considering that Canoy was one of the meaning, from the consequences of negligent acts. It is not
indigent clients whom Atty. Ortiz proudly claims as his enough to say that all pauper litigants should be assured of
favored clientele. It does not escape the Court's attention legal representation. They deserve quality representation as
that Atty. Ortiz faults Canoy for not adequately following up well.
the case with his office.26 He cannot now shift the blame to
WHEREFORE, respondent Atty. Jose Max S. Ortiz is ordered
complainant for failing to inquire about the status of the
SUSPENDED from the practice of law for one (1) month from
case, since, as stated above, it was his duty as lawyer to
notice, with the warning that a repetition of the same
inform his clients of the status of cases entrusted to him. 27
negligence will be dealt with more severely. Let a copy of this
The appropriate sanction is within the sound discretion of this decision be attached to respondent's personal record in the
Court. In cases of similar nature, the penalty imposed by the Office of the Bar Confidant and copies be furnished to all
Court consisted of either a reprimand, a fine of five hundred chapters of the Integrated Bar of the Philippines and to all
pesos with warning, suspension of three months, six months, the courts in the land.
and even disbarment in aggravated cases.28 Given the
SO ORDERED.
circumstances, the Court finds the penalty recommended by
the IBP too lenient and instead suspends Atty. Ortiz from the Puno, (Chairman), Austria-Martinez, Callejo, Sr., and Chico-
practice of law for one (1) month. The graver penalty of Nazario, JJ., concur.
CANON 15 - OBSERVE CANDOR, FAIRNESS AND Section 3. Requirements for lawyers who are citizens
LOYALTY of the United States of America. Citizens of the United
A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY States of America who, before July 4, 1946, were duly
IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. licensed members of the Philippine Bar, in active practice in
the courts of the Philippines and in good and regular standing
as such may, upon satisfactory proof of those facts before
the Supreme Court, be allowed to continue such practice
Rules of Court, Rule 138, Sec. 30
after taking the following oath of office:
I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been AROMIN V. BONCAVIL
permitted to continue in the practice of law in the
A.C. No. 5135 September 22, 1999
Philippines, do solemnly swear that I recognize the
supreme authority of the Republic of the Philippines; I (Formerly A.C. No. CBD 296)
will support its Constitution and obey the laws as well
as the legal orders of the duly constituted authorities ELSIE B. AROMIN, FE B. YABUT, TIBURCIO B.
therein; I will do no falsehood, nor consent to the doing BALLESTEROS, JR., and JULIAN B. BALLESTEROS,
of any in court; I will not wittingly or willingly promote complainants,
or sue any groundless, false or unlawful suit, nor give vs.
aid nor consent to the same; I will delay no man for ATTY. VALENTIN O. BONCAVIL, respondent.
money or malice, and will conduct myself as a lawyer
according to the best of may knowledge and discretion
with all good fidelity as well as to the courts as to my MENDOZA, J.:
clients; and I impose upon myself this voluntary
obligation without any mental reservation or purpose This is a complaint 1 filed by Elsie B. Aromin, Fe B. Yabut,
of evasion. So help me God. Tiburcio B. Ballesteros, Jr., and Julian B. Ballesteros against
Atty. Valentin O. Boncavil for violation of the Code of
Professional Responsibility.
The complainant Redentor S. Jardin is the plaintiff in Civil Records show however, that on this date, the said counsel for
Case No. 21480 of the Metropolitan Trial Court, Quezon City. the plaintiff have (sic) not complied with the submission of
A building contractor, he engaged the services of the documentary exhibits for the plaintiff. For lack of interest on
respondent to represent him in the case which is for the the part of the counsel for the plaintiff to further prosecute
collection of the sum of One Hundred Five Thousand Seven this case, upon motion of Atty. Reyes the oral testimonial
Hundred Forty Four and 80/100 Pesos (P105,744.80), evidence submitted by the plaintiff is hereby ordered
representing the alleged unpaid contract price for the repair WITHDRAWN from the records and upon further motion of
of the house of the defendants in the case. 1 The case went its ordered WITHDRAWN from the records and upon further
course, but later despite several extensions of time given by motion of Atty. Reyes, this case is hereby ordered DISMISSED
the trial court, the respondent failed to file his formal offer of for lack of interest on the part of the plaintiff to further
exhibits.2 Consequently, on May 7, 2001, the trial court prosecute this case.
issued an Order the full text of which reads as follows:
Upon motion of Atty. Reyes, set the continuation of the
When this case was called for continuation of hearing, Atty. hearing of this case for the presentation of evidence on the
Rodrigo C. Reyes, counsel for the defendants manifested that counter claim on the part of the defendant on June 15, 2001
up to this date, Atty. Villar, Jr., counsel for the plaintiff has not at 8:30 o'clock in the morning.3
formally offer (sic) the documentary exhibits for the plaintiff
The dismissal of the collection case prompted the
in writing as Order (sic) by the Court.
complainant to file a verified Affidavit-Complaint4 dated July
Records show that on February 26, 2001, Atty. Villar, Jr. was 4, 2001 for the disbarment of the respondent with this Court,
given an extension period of TEN (10) days within which to wherein he also alleged the developments which transpired
formally offer the documentary exhibits in writing copy after the dismissal of the case, viz: that he already
furnished Atty. Reyes, counsel for the defendants who was terminated the services of the respondent as his counsel;
given a period of Five (5) days within which to comment that the respondent failed to return the originals of the
and/or oppose the admissibility of the said exhibits and set documentary exhibits entrusted to him; and that the
the continuation of the hearing of this case for the respondent finally handed over the documents only as an
presentation of evidence for the defendant on March 30, aftermath of a heated argument he had with the
2001. complainant's wife.
On March 30, 2001, when this case was called for hearing In a Resolution5 dated September 10, 2001, this Court
records show that Atty. Villar, Jr., counsel for the plaintiff has required the respondent to comment on the complaint
not complied yet with the formal offer of documentary against him. However, the respondent failed to file his
exhibits for the plaintiff and again, in the interest of justice, comment despite two (2) extensions of time granted to him.
the Court give (sic) Atty. Villar, Jr. another period of TEN (10) Thus, the Court resolved to dispense with the filing of the
respondent's comment and referred the case to the Documentary Exhibits, and respondent's dereliction of
Integrated Bar of the Philippines (IBP) for investigation, report this duty has prejudiced the interests of respondent's
and recommendation.6 client. In accepting Civil Case No. 21480, it was
respondent's obligation to take all measures to protect
Similarly, the respondent failed to file his answer as required
the interests of his client in accordance with Canon
by the Commission on Bar Discipline of the IBP. 7 Hence, the
(sic) 18 & 19 of the Code of Professional Responsibility
averments made, as well as the evidence submitted by the
but it was respondent's negligence or omission which
complainant, are undisputed.
has caused damage to such interests. 8
Investigating Commissioner Attorney Milagros V. San Juan,
In its Resolution dated April 26, 2003, the IBP Board of
IBP Commission on Bar Discipline, found the respondent
Governors adopted and approved said Report and
liable for negligence and recommended his suspension from
Recommendation of the Investigating Commissioner.
the practice of law for a period of six (6) months, with the
warning that a similar conduct in the future will be dealt with We are also in full accord with the findings and
more severely. The salient portions of the Report and recommendation of the Investigating Commissioner.
Recommendation dated March 4, 2003 of the Investigating
At the outset, we find particularly glaring the respondent's
Commissioner are as follows:
disregard of the resolution of this Court directing him to file
Complainant's contention that respondent Villar failed his comment on the complaint. He exhibited a similar
to file plaintiff's Formal Offer of Documentary Evidence attitude in failing to file his answer when required by the
is substantiated by the Orders dated 26 February Commission on Bar Discipline. The repeated cavalier conduct
2001, 30 March 2001 and 7 May 2001 (Annexes 7, 9 belies impudence and lack of respect for the authority of this
and 10 respectively). The Order dated 7 May 2001 Court.
(Annex 10 of complainant's Affidavit) reads:
The record clearly shows that the respondent has been
.... languid in the performance of his duties as counsel for the
complainant. He was given by the trial court several
It is clear from the above-quoted Order that it was the
extensions of time: first, an extension of ten (10) days from
failure of respondent Villar to file the Formal Offer of
February 26, 2001 or until March 8, 2001, and; second,
Documentary Exhibits which led to the dismissal of
another extension of ten (10) days from March 30, 2001,
Civil Case No. 21480 to the prejudice of respondent's
when the case was called for hearing and the court noted
client, herein complainant. Respondent Villar has failed
that no such formal offer had been filed then, or until April 9,
to offer any explanation for his failure to file the Formal
2001. It must also be emphasized that there was an interim
Offer of Exhibits within the several extensions of time
period of twenty two (22) days between March 8, 2001 and
given him by the trial court to do so. There is no doubt
March 30, 2001, and another interval of twenty-seven (27)
that it was part of respondent's obligation to
days from April 9, 2001 until May 7, 2001 when the Order
complainant as the latter's counsel of record in Civil
dismissing the case was issued. Effectively, therefore,
Case No. 21480, to file said Formal Offer of
respondent had three (3) months and nine (9) days within
which to file the formal offer of exhibits.9 The respondent did transgression when he failed to exert his utmost learning and
not bother to give an explanation even in mitigation or ability and to give entire devotion to his client's cause. His
extenuation of his inaction. client had relied on him to file the formal offer of exhibits
among other things. But he failed him. Resulting as it did in
Manifestly, the respondent has fallen short of the
the dismissal of the case, his failure constitutes inexcusable
competence and diligence required of every member of the
default. It therefore behooves the Court to take action on the
Bar. The pertinent Canons of the Code of Professional
respondent's mortal infraction, which caused undeserved and
Responsibility provide:
needless prejudice to his client's interest, adversely affected
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT the confidence of the community in the legal profession and
AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY eroded the public's trust in the judicial system. As an
AND EFFICIENT ADMINISTRATION OF JUSTICE. attorney, the respondent is sworn to do his level best and to
observe full fidelity to the courts and his clients. 10 This means
.... that in relation to his duty to his clients he should put his
maximum skills and full commitment to bear in
Rule 12.03 - A lawyer shall not, after obtaining
representation of their causes.
extensions of time to file pleadings, memoranda
or briefs, let the period lapse without submitting We can only echo our pronouncements in Basas v. Icawat,11
the same or offering an explanation for his to wit:
failure to do so.
Respondent manifestly fell short of the diligence
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE required of his profession, in violation of Canon 18 of
OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE the Code of Professional Responsibility, which
TRUST AND CONFIDENCE REPOSED IN HIM. mandates that a lawyer shall serve his client with
competence and diligence. Rule 18.03 provides:
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE. "A lawyer shall not neglect a legal matter entrusted to
him, and his negligence in connection therewith shall
....
render him liable."
Rule 18.03 - A lawyer shall not neglect a legal
As we reiterated in Aromin, et al. v. Boncavil, A. C. No. 5135,
matter entrusted to him and his negligence in
September 22, 1999:
connection therewith shall render him liable.
Once he agrees to take up the cause of a client, the
....
lawyer owes fidelity to such cause and must always be
CANON 19 - A LAWYER SHAL REPRESENT HIS CLIENT mindful of the trust and confidence reposed in him. He
WITH ZEAL WITHIN THE BOUNDS OF THE LAW. must serve the client with competence and diligence,
and champion the latter's cause with wholehearted
It is indeed dismaying to note the respondent's patent fidelity, care, and devotion. Elsewise stated, he owes
violation of his duty as a lawyer. He committed a serious
entire devotion to the interest of the client, warm zeal recommended penalty commensurate with the offense
in the maintenance and defense of his client's rights, committed.
and the exertion of his utmost learning and ability to
In Aromin v. Boncavil,15 this Court suspended a lawyer for six
the end that nothing be taken or withheld from his
(6) months for his failure to file a written offer of evidence
client, save by the rules of law, legally applied. This
despite the trial court's directive.
simply means that his client is entitled to the benefit of
any and every remedy and defense that is authorized The failure to file formal offer of evidence is in pari materia
by the law of the land he may expect his lawyer to with failure to file brief, which as this Court held in Perla
assert every such remedy or defense. If much is Compania de Seguros, Inc. v. Saquilabon 16 constitutes
demanded from an attorney, it is because the inexcusable negligence. In the Saquilabon case, the
entrusted privilege to practice law carries with it the respondent lawyer was suspended from the practice of law
correlative duties not only to the client but also to the for a period of six (6) months. The Court likewise imposed the
court, to the bar, and to the public. A lawyer who same penalty upon the respondents in the cases of In Re:
performs his duty with diligence and candor not only Atty. David Briones,17Spouses Galen v. Paguinigan, 18Spouses
protects the interest of his client; he also serves the Rabanal v. Rabanal19 for their failure to file the briefs of their
ends of justice, does honor to the bar, and helps respective clients.
maintain the respect of the community to the legal
profession.12 WHEREFORE, in view of the foregoing, respondent Atty.
Deogracias Villar is SUSPENDED from the practice of law for
This Court has emphatically ruled that the trust and six (6) months effective upon finality hereof, with the
confidence necessarily reposed by clients requires in the WARNING that the repetition of a similar violation will be
attorney a high standard and appreciation of his duty to his dealt with even more severely.
clients, his profession, the courts and the public. 13 Every case
a lawyer accepts deserves his full attention, diligence, skill Let a copy of this decision be entered in the personal records
and competence, regardless of its importance and whether of respondent as a member of the Bar, and copies furnished
he accepts it for a fee or free. 14 Certainly, a member of the the Bar Confidant, the Integrated Bar of the Philippines, and
Bar who is worth his title cannot afford to practice the the Court Administrator for circulation to all courts in the
profession in a lackadaisical fashion. A lawyer's lethargy from country.
the perspective of the Canons is both unprofessional and
SO ORDERED.
unethical.
Bellosillo, (Chairman), Quisumbing, Austria-Martinez, and
The IBP recommended the suspension of the respondent from
Callejo, Sr., JJ., concur.
the practice of law for a period of six (6) months. We find the
Rule 15.01. CONFLICT OF INTEREST A lawyer, in conferring with a prospective client, shall
ascertain as soon as practicable whether the matter would
involve a conflict with another client or his own interest, and 1. Administrative Case No. 5463: Sandra F. Vaflor v.
if so, shall forthwith inform the prospective client. Atty. Adoniram P. Pamplona and Atty. Nicanor V.
Villarosa;
Rule 15.03. -CONFLICT OF INTEREST
2. Administrative Case No. 5502: Daniel A. Jalandoni v.
A lawyer shall not represent conflicting interests except by Atty. Nicanor V. Villarosa.
written consent of all concerned given after a full disclosure
of the facts. In a resolution dated February 24, 2003, this Court
considered Administrative Case No. 5463 closed and
terminated.3 On February 4, 2004, considering the pleadings
filed in Administrative Case No. 5502, the Court resolved:
Rule 15.04. MEDIATOR, CONCILIATOR OR ARBITRATOR
(a) to NOTE the notice of the resolution dated
A lawyer may, with the written consent of all concerned, act September 27, 2003 of the Integrated Bar of the
as mediator, conciliator or arbitrator in settling disputes. Philippines dismissing the case against respondent for
lack of merit; and
HORNILLA V. ATTY. SALUNAT which was the retained counsel of the Philippine Public
School Teachers Association (PPSTA). Respondents brother,
A.C. No. 5804 July 1, 2003
Aurelio S. Salunat, was a member of the PPSTA Board which
BENEDICTO HORNILLA and ATTY. FEDERICO D. approved respondents engagement as retained counsel of
RICAFORT, complainants, PPSTA.
vs.
Complainants, who are members of the PPSTA, filed an intra-
ATTY. ERNESTO S. SALUNAT, respondent.
corporate case against its members of the Board of Directors
RESOLUTION for the terms 1992-1995 and 1995-1997 before the Securities
and Exchange Commission, which was docketed as SEC Case
YNARES-SANTIAGO, J.: No. 05-97-5657, and a complaint before the Office of the
Ombudsman, docketed as OMB Case No. 0-97-0695, for
On November 21, 1997, Benedicto Hornilla and Federico D.
unlawful spending and the undervalued sale of real property
Ricafort filed an administrative complaint 1 with the Integrated
of the PPSTA. Respondent entered his appearance as counsel
Bar of the Philippines (IBP) Commission on Bar Discipline,
for the PPSTA Board members in the said cases.
against respondent Atty. Ernesto S. Salunat for illegal and
Complainants contend that respondent was guilty of conflict
unethical practice and conflict of interest. They alleged that
of interest because he was engaged by the PPSTA, of which
respondent is a member of the ASSA Law and Associates,
complainants were members, and was being paid out of its misconduct, malpractice and unethical conduct for filing
corporate funds where complainants have contributed. trumped-up charges against him and Atty. De Mesa. Thus, he
Despite being told by PPSTA members of the said conflict of prayed that the complaint against him be dismissed and,
interest, respondent refused to withdraw his appearance in instead, complainant Ricafort be disciplined or disbarred.
the said cases.
The complainant was docketed as CBD Case No. 97-531 and
Moreover, complainants aver that respondent violated Rule referred to the IBP Commission on Bar Discipline. After
15.062 of the Code of Professional Responsibility when he investigation, Commissioner Lydia A. Navarro recommended
appeared at the meeting of the PPSTA Board and assured its that respondent be suspended from the practice of law for six
members that he will win the PPSTA cases. (6) months. The Board of Governors thereafter adopted
Resolution No. XV-3003-230 dated June 29, 2002, approving
In his Answer,3 respondent stressed that he entered his
the report and recommendation of the Investigating
appearance as counsel for the PPSTA Board Members for and
Commissioner.
in behalf of the ASSA Law and Associates. As a partner in the
said law firm, he only filed a "Manifestation of Extreme Respondent filed with this Court a Motion for Reconsideration
Urgency" in OMB Case No. 0-97-0695. 4 On the other hand, of the above Resolution of the IBP Board of Governors.
SEC Case No. 05-97-5657 was handled by another partner of
The pertinent rule of the Code of Professional Responsibility
the firm, Atty. Agustin V. Agustin. Respondent claims that it
provides:
was complainant Atty. Ricafort who instigated, orchestrated
and indiscriminately filed the said cases against members of RULE 15.03. A lawyer shall not represent conflicting
the PPSTA and its Board. interests except by written consent of all concerned
given after a full disclosure of the facts.
Respondent pointed out that his relationship to Aurelio S.
Salunat was immaterial; and that when he entered into the There is conflict of interest when a lawyer represents
retainer contract with the PPSTA Board, he did so, not in his inconsistent interests of two or more opposing parties. The
individual capacity, but in representation of the ASSA Law test is "whether or not in behalf of one client, it is the
Firm. He denied that he ensured the victory of the PPSTA lawyers duty to fight for an issue or claim, but it is his duty
Board in the case he was handling. He merely assured the to oppose it for the other client. In brief, if he argues for one
Board that the truth will come out and that the case before client, this argument will be opposed by him when he argues
the Ombudsman will be dismissed for lack of jurisdiction, for the other client."5 This rule covers not only cases in which
considering that respondents therein are not public officials, confidential communications have been confided, but also
but private employees. Anent the SEC case, respondent those in which no confidence has been bestowed or will be
alleged that the same was being handled by the law firm of used.6 Also, there is conflict of interests if the acceptance of
Atty. Eduardo de Mesa, and not ASSA. the new retainer will require the attorney to perform an act
which will injuriously affect his first client in any matter in
By way of Special and Affirmative Defenses, respondent
which he represents him and also whether he will be called
averred that complainant Atty. Ricafort was himself guilty of
upon in his new relation to use against his first client any
gross violation of his oath of office amounting to gross
knowledge acquired through their connection. 7 Another test representation permissible where no conflict of interest
of the inconsistency of interests is whether the acceptance of was obvious, the emerging rule is against dual
a new relation will prevent an attorney from the full discharge representation in all derivative actions. Outside
of his duty of undivided fidelity and loyalty to his client or counsel must thus be retained to represent one of the
invite suspicion of unfaithfulness or double dealing in the defendants. The cases and ethics opinions differ on
performance thereof.8 whether there must be separate representation from
the outset or merely from the time the corporation
In this jurisdiction, a corporations board of directors is
seeks to take an active role. Furthermore, this
understood to be that body which (1) exercises all powers
restriction on dual representation should not be
provided for under the Corporation Code; (2) conducts all
waivable by consent in the usual way; the corporation
business of the corporation; and (3) controls and holds all
should be presumptively incapable of giving valid
property of the corporation.9 Its members have been
consent.13 (underscoring ours)
characterized as trustees or directors clothed with a fiduciary
character.10 It is clearly separate and distinct from the In other jurisdictions, the prevailing rule is that a situation
corporate entity itself. wherein a lawyer represents both the corporation and its
assailed directors unavoidably gives rise to a conflict of
Where corporate directors have committed a breach of trust
interest. The interest of the corporate client is paramount
either by their frauds, ultra vires acts, or negligence, and the
and should not be influenced by any interest of the individual
corporation is unable or unwilling to institute suit to remedy
corporate officials.14 The rulings in these cases have
the wrong, a stockholder may sue on behalf of himself and
persuasive effect upon us. After due deliberation on the
other stockholders and for the benefit of the corporation, to
wisdom of this doctrine, we are sufficiently convinced that a
bring about a redress of the wrong done directly to the
lawyer engaged as counsel for a corporation cannot
corporation and indirectly to the stockholders. 11 This is what
represent members of the same corporations board of
is known as a derivative suit, and settled is the doctrine that
directors in a derivative suit brought against them. To do so
in a derivative suit, the corporation is the real party in
would be tantamount to representing conflicting interests,
interest while the stockholder filing suit for the corporations
which is prohibited by the Code of Professional Responsibility.
behalf is only nominal party. The corporation should be
included as a party in the suit.12 In the case at bar, the records show that SEC Case No. 05-97-
5657, entitled "Philippine Public School Teachers Assn., Inc.,
Having thus laid a suitable foundation of the basic legal
et al. v. 1992-1995 Board of Directors of the Philippine Public
principles pertaining to derivative suits, we come now to the
School Teachers Assn. (PPSTA), et al.," was filed by the PPSTA
threshold question: can a lawyer engaged by a corporation
against its own Board of Directors. Respondent admits that
defend members of the board of the same corporation in a
the ASSA Law Firm, of which he is the Managing Partner, was
derivative suit? On this issue, the following disquisition is
the retained counsel of PPSTA. Yet, he appeared as counsel of
enlightening:
record for the respondent Board of Directors in the said case.
The possibility for conflict of interest here is universally Clearly, respondent was guilty of conflict of interest when he
recognized. Although early cases found joint
represented the parties against whom his other client, the we find the penalty of suspension, recommended in IBP
PPSTA, filed suit. Resolution No. XV-2002-230 dated June 29, 2002, to be too
harsh. Instead, we resolve to admonish respondent to
In his Answer, respondent argues that he only represented
observe a higher degree of fidelity in the practice of his
the Board of Directors in OMB Case No. 0-97-0695. In the said
profession.
case, he filed a Manifestation of Extreme Urgency wherein he
prayed for the dismissal of the complaint against his clients, ACCORDINGLY, respondent Atty. Ernesto Salunat is found
the individual Board Members. By filing the said pleading, he GUILTY of representing conflicting interests and is
necessarily entered his appearance therein. 15 Again, this ADMONISHED to observe a higher degree of fidelity in the
constituted conflict of interests, considering that the practice of his profession. He is further WARNED that a
complaint in the Ombudsman, albeit in the name of the repetition of the same or similar acts will be dealt with more
individual members of the PPSTA, was brought in behalf of severely.
and to protect the interest of the corporation.
SO ORDERED.
Therefore, respondent is guilty of representing conflicting
Davide, Jr., C.J., Vitug, Carpio, and Azcuna, JJ., concur.
interests. Considering however, that this is his first offense,
GONZALES V ATTY. CABUCANA GUZMAN AND CABUCANA LAW OFFICE, with Atty. Edmar
Cabucana handling the case and herein respondent as an
A.C. No. 6836 January 23, 2006
associate/partner; on February 26, 2001, a decision was
LETICIA GONZALES, Complainant, rendered in the civil case ordering the losing party to pay
vs. Gonzales the amount of P17,310.00 with interest and
ATTY. MARCELINO CABUCANA, Respondent. P6,000.00 as attorneys fees; Sheriff Romeo Gatcheco, failed
to fully implement the writ of execution issued in connection
RESOLUTION with the judgment which prompted Gonzales to file a
complaint against the said sheriff with this Court; in
AUSTRIA-MARTINEZ, J.:
September 2003, Sheriff Gatcheco and his wife went to the
Before this Court is a complaint filed by Leticia Gonzales house of Gonzales; they harassed Gonzales and asked her to
(Gonzales) praying that Atty. Marcelino Cabucana, execute an affidavit of desistance regarding her complaint
(respondent) be disbarred for representing conflicting before this Court; Gonzales thereafter filed against the
interests. Gatchecos criminal cases for trespass, grave threats, grave
oral defamation, simple coercion and unjust vexation;
On January 8, 2004, Gonzales filed a petition before the notwithstanding the pendency of Civil Case No. 1-567, where
Integrated Bar of the Philippines (IBP) alleging that: she was respondents law firm was still representing Gonzales, herein
the complainant in a case for sum of money and damages respondent represented the Gatchecos in the cases filed by
filed before the Municipal Trial Court in Cities (MTCC) of Gonzales against the said spouses; respondent should be
Santiago City, docketed as Civil Case No. 1-567 where she disbarred from the practice of law since respondents
was represented by the law firm CABUCANA, CABUCANA, DE acceptance of the cases of the Gatchecos violates the lawyer-
client relationship between complainant and respondents of the Gatchecos which the respondent is handling; that the
law firm and renders respondent liable under the Code of claim of respondent that he is handling the cases of the
Professional Responsibility (CPR) particularly Rules 10.01, 1 spouses pro bono is not true since he has his own agenda in
13.01,2 15.02,3 15.03,4 21.015 and 21.02.6 offering his services to the spouses; and that the allegation
that she is filing the cases against the spouses because she
On January 9, 2004, the IBP-Commission on Bar Discipline
is being used by a powerful person is not true since she filed
ordered Atty. Marcelino Cabucana, Jr. to submit his Answer to
the said cases out of her own free will. 9
the complaint.7
The Commission on Bar Discipline of the IBP sent to the
In his Answer, respondent averred: He never appeared and
parties a Notice of Mandatory Conference dated March 1,
represented complainant in Civil Case No. 1-567 since it was
2004.10 On the scheduled conference, only a representative
his brother, Atty. Edmar Cabucana who appeared and
of complainant appeared.11 Commissioner Demaree Raval of
represented Gonzales in said case. He admitted that he is
the IBP-CBD then directed both parties to file their respective
representing Sheriff Gatcheco and his wife in the cases filed
verified position papers.12
against them but claimed that his appearance is pro bono
and that the spouses pleaded with him as no other counsel Complainant filed a Memorandum reiterating her earlier
was willing to take their case. He entered his appearance in assertions and added that respondent prepared and
good faith and opted to represent the spouses rather than notarized counter-affidavits of the Gatcheco spouses; that the
leave them defenseless. When the Gatchecos asked for his high-ranking official referred to by respondent is Judge Ruben
assistance, the spouses said that the cases filed against Plata and the accusations of respondent against the said
them by Gonzales were merely instigated by a high ranking judge is an attack against a brother in the profession which is
official who wanted to get even with them for their refusal to a violation of the CPR; and that respondent continues to use
testify in favor of the said official in another case. At first, the name of De Guzman in their law firm despite the fact that
respondent declined to serve as counsel of the spouses as he said partner has already been appointed as Assistant
too did not want to incur the ire of the high-ranking official, Prosecutor of Santiago City, again in violation of the CPR. 13
but after realizing that he would be abdicating a sworn duty
Respondent filed his Position Paper restating his allegations in
to delay no man for money or malice, respondent entered his
his Answer.14
appearance as defense counsel of the spouses free of any
charge. Not long after, the present complaint was crafted On August 23, 2004, Commissioner Wilfredo E.J.E. Reyes
against respondent which shows that respondent is now the issued an Order notifying both parties to appear before his
subject of a demolition job. The civil case filed by Gonzales office on October 28, 2004 for a clarificatory question
where respondents brother served as counsel is different regarding said case.15 On the said date, only respondent
and distinct from the criminal cases filed by complainant appeared16 presenting a sworn affidavit executed by
against the Gatcheco spouses, thus, he did not violate any Gonzales withdrawing her complaint against respondent. It
canon on legal ethics. 8 reads:
Gonzales filed a Reply contending that the civil case handled SINUMPAANG SALAYSAY
by respondents brother is closely connected with the cases
TUNGKOL SA PAG-UURONG NG DEMANDA hinihiling sa kinauukulan na dismisin na ang naturang
kaso.
Ako, si LETICIA GONZALES, nasa tamang edad, Pilipino,
may asawa, at nakatira sa Barangay Dubinan East, Ginawa ko ang sinumpaang salaysay na ito upang
Santiago City, makaraang manumpa ayon sa batas ay patotohanan sa lahat ng nakasaad dito.17
nagsasabing:
Commissioner Reyes issued an Order dated October 28, 2004
Ako ang nagdedemanda o petitioner sa CBD Case No. requiring Gonzales to appear before him on November 25,
04-1186 na may pamagat na "Leticia Gonzales versus 2004, to affirm her statements and to be subject to
Atty. Marcelino C. Cabucana, Jr." na kasalukuyang clarificatory questioning.18 However, none of the parties
nahaharap sa Commission on Bar Discipline ng appeared.19 On February 17, 2005, only respondent was
Integrated Bar of the Philippines present. Commissioner Reyes then considered the case as
submitted for resolution.20
Ang pagkakahain ng naturang demanda ay nag-ugat sa
di-pagkakaintindihan na namamagitan sa akin at nina On February 24, 2005, Commissioner Reyes submitted his
Mr. and Mrs. Romeo and Anita Gatcheco. Report and Recommendation, portions of which are quoted
hereunder:
Dahil sa aking galit sa naturang mag-asawa, idinawit
ko si Atty. Marcelino C. Cabucana, Jr. sa sigalot na The Undersigned Commissioner believes that the
namamagitan sa akin at sa mag-asawang Gatcheco, respondent made a mistake in the acceptance of the
gayong nalalaman ko na si Atty. Marcelino C. Cabucana administrative case of Romeo Gatcheco, however, the
ay walang nalalaman sa naturang di pagkakaintindihan. Commission (sic) believes that there was no malice
and bad faith in the said acceptance and this can be
Makaraang pag-isipang mabuti ang paghain ko ng shown by the move of the complainant to unilaterally
demanda kontra kay Atty. Marcelino C. Cabucana, Jr., withdraw the case which she filed against Atty.
nakumbinsi ako na ang pagdedemanda ko kay Atty. Marcelino C. Cabucana, Jr. However, Atty. Cabucana is
Marcelino C. Cabucana, Jr. ay isang malaking reminded to be more careful in the acceptance of
pagkakamali dahil siya ay walang kinalalaman (sic) sa cases as conflict of interests might arise.
di pagkakaintindihan naming(sic) ng mag-asawang
Gatcheco. It is respectfully recommended that Atty. Marcelino C.
Cabucana, Jr. (be) sternly warned and reprimanded
Si Atty. Marcelino C. Cabucana, Jr. ay di ko rin naging andadvised to be more circumspect and careful in
abogado sa Civil Case No. 1-567 (MTCC Br. I Santiago accepting cases which might result in conflict of
City) na inihain ko kontra kay Eduardo Mangano. interests.21
Nais kong ituwid ang lahat kung kayat aking iniuurong On June 25, 2005, a Resolution was passed by the Board of
ang naturang kasong inihain ko kontra kay Atty. Governors of the IBP, to wit:
Marcelino C. Cabucana, Jr. at dahil dito ay hindi na ako
interesado pang ituloy and naturang kaso, at aking RESOLUTION NO. XVI-2005-153
CBD CASE NO. 03-1186 trust and confidence of the highest degree. 25 Lawyers are
expected not only to keep inviolate the clients confidence,
Leticia Gonzales vs. Atty. Marcelino Cabucana, Jr.
but also to avoid the appearance of treachery and double-
RESOLVED to ADOPT and APPROVE, as it is hereby dealing for only then can litigants be encouraged to entrust
ADOPTED and APPROVED, the Report and their secrets to their lawyers, which is of paramount
Recommendation of the Investigating Commissioner of importance in the administration of justice.26
the above-entitled case, herein made part of this
One of the tests of inconsistency of interests is whether the
Resolution as Annex "A"; and, finding the
acceptance of a new relation would prevent the full discharge
recommendation fully supported by the evidence on
of the lawyers duty of undivided fidelity and loyalty to the
record and the applicable laws and rules, and
client or invite suspicion of unfaithfulness or double-dealing
considering that respondent made (a) mistake in the
in the performance of that duty.27
acceptance of the administrative case of Romeo
Gatcheco, Atty. Marcelino Cabucana, Jr. is hereby As we expounded in the recent case of Quiambao vs.
WARNED and REPRIMANDED and advised to be more Bamba,28
circumspect and careful in accepting cases which
The proscription against representation of conflicting
might result in conflict of interests. 22
interests applies to a situation where the opposing
Before going to the merits, let it be clarified that contrary to parties are present clients in the same action or in an
the report of Commissioner Reyes, respondent did not only unrelated action. It is of no moment that the lawyer
represent the Gatcheco spouses in the administrative case would not be called upon to contend for one client that
filed by Gonzales against them. As respondent himself which the lawyer has to oppose for the other client, or
narrated in his Position Paper, he likewise acted as their that there would be no occasion to use the confidential
counsel in the criminal cases filed by Gonzales against information acquired from one to the disadvantage of
them.23 the other as the two actions are wholly unrelated. It is
enough that the opposing parties in one case, one of
With that settled, we find respondent guilty of violating Rule
whom would lose the suit, are present clients and the
15.03 of Canon 15 of the Code of Professional Responsibility,
nature or conditions of the lawyers respective
to wit:
retainers with each of them would affect the
Rule 15.03 A lawyer shall not represent conflicting performance of the duty of undivided fidelity to both
interest except by written consent of all concerned clients.29
given after a full disclosure of the facts.
The claim of respondent that there is no conflict of interests
It is well-settled that a lawyer is barred from representing in this case, as the civil case handled by their law firm where
conflicting interests except by written consent of all Gonzales is the complainant and the criminal cases filed by
concerned given after a full disclosure of the facts. 24 Such Gonzales against the Gatcheco spouses are not related, has
prohibition is founded on principles of public policy and good no merit. The representation of opposing clients in said
taste as the nature of the lawyer-client relations is one of cases, though unrelated, constitutes conflict of interests or,
at the very least, invites suspicion of double-dealing which the prospective client to ascertain as soon as practicable
this Court cannot allow.30 whether the matter would involve a conflict with another
client then seek the written consent of all concerned after a
Respondent further argued that it was his brother who
full disclosure of the facts.35 These respondent failed to do
represented Gonzales in the civil case and not him, thus,
thus exposing himself to the charge of double-dealing.
there could be no conflict of interests. We do not agree. As
respondent admitted, it was their law firm which represented We note the affidavit of desistance filed by Gonzales.
Gonzales in the civil case. Such being the case, the rule However, we are not bound by such desistance as the
against representing conflicting interests applies. present case involves public interest. 36 Indeed, the Courts
exercise of its power to take cognizance of administrative
As we explained in the case of Hilado vs. David:31
cases against lawyers is not for the purpose of enforcing civil
[W]e can not sanction his taking up the cause of remedies between parties, but to protect the court and the
the adversary of the party who had sought and public against an attorney guilty of unworthy practices in his
obtained legal advice from his firm; this, not profession.37
necessarily to prevent any injustice to the plaintiff but
In similar cases where the respondent was found guilty of
to keep above reproach the honor and integrity of the
representing conflicting interests a penalty ranging from one
courts and of the bar. Without condemning the
to three years suspension was imposed.38
respondents conduct as dishonest, corrupt, or
fraudulent, we do believe that upon the admitted facts We shall consider however as mitigating circumstances the
it is highly inexpedient. It had the tendency to bring fact that he is representing the Gatcheco spouses pro bono
the profession, of which he is a distinguished member, and that it was his firm and not respondent personally, which
"into public disrepute and suspicion and undermine the handled the civil case of Gonzales. As recounted by
integrity of justice."32 complainant herself, Atty. Edmar Cabucana signed the civil
case of complainant by stating first the name of the law firm
The claim of respondent that he acted in good faith and with
CABUCANA, CABUCANA, DE GUZMAN AND CABUCANA LAW
honest intention will also not exculpate him as such claim
OFFICE, under which, his name and signature appear; while
does not render the prohibition inoperative. 33
herein respondent signed the pleadings for the Gatcheco
In the same manner, his claim that he could not turn down spouses only with his name, 39 without any mention of the law
the spouses as no other lawyer is willing to take their case firm. We also note the observation of the IBP Commissioner
cannot prosper as it is settled that while there may be Reyes that there was no malice and bad faith in respondents
instances where lawyers cannot decline representation they acceptance of the Gatchecos cases as shown by the move of
cannot be made to labor under conflict of interest between a complainant to withdraw the case.
present client and a prospective one. 34 Granting also that
Thus, for violation of Rule 15.03, Canon 15 of the Code of
there really was no other lawyer who could handle the
Professional Responsibility and taking into consideration the
spouses case other than him, still he should have observed
aforementioned mitigating circumstances, we impose the
the requirements laid down by the rules by conferring with
penalty of fine of P2,000.00.
WHEREFORE, Resolution No. XVI-2005-153 of the Integrated that a commission of the same or similar act in the future
Bar of the Philippines is APPROVED with MODIFICATION that shall be dealt with more severely.
respondent Atty. Marcelino Cabucana, Jr. is FINED the amount
SO ORDERED.
of Two Thousand Pesos (P2,000.00) with a STERN WARNING
SAN JOSE HOMEOWNERS V. ROMANILLO When the request was denied, respondent applied for
clearance before the Housing and Land Use Regulatory Board
A.C. No. 5580 June 15, 2005
(HLURB) in behalf of Montealegre. Petitioners Board of
SAN JOSE HOMEOWNERS ASSOCIATION INC., as Directors terminated respondents services as counsel and
represented by REBECCA V. LABRADOR, complainant, engaged another lawyer to represent the association.
vs.
Respondent also acted as counsel for Lydia Durano-Rodriguez
ATTY. ROBERTO B. ROMANILLOS, respondent.
who substituted for DCI in Civil Case No. 18014 entitled "San
DECISION Jose Homeowners, Inc. v. Durano and Corp., Inc." filed before
the Regional Trial Court of Makati City, Branch 134. Thus,
PER CURIAM: SJHAI filed a disbarment case against respondent for
representing conflicting interests, docketed as Administrative
This is a Petition1 for disbarment against Atty. Roberto B.
Case No. 4783.
Romanillos for allegedly representing conflicting interests and
for using the title "Judge" despite having been found guilty of In her Report4 dated August 3, 1998, Investigating
grave and serious misconduct in Zarate v. Judge Romanillos.2 Commissioner Lydia A. Navarro of the Commission on Bar
Discipline of the Integrated Bar of the Philippines (IBP) made
The facts are as follows:
the following findings:
In 1985, respondent represented San Jose Homeowners
Respondent failed to observe candor and fairness in
Association, Inc. (SJHAI) before the Human Settlements
dealing with his clients, knowing fully well that the
Regulation Commission (HSRC) in a case 3 against Durano and
Montealegre case was adverse to the Complainant
Corp., Inc. (DCI) for violation of the Subdivision and
wherein he had previously been not only an active
Condominium Buyers Protection Act (P.D. No. 957). SJHAI
board member but its corporate secretary having
alleged that Lot No. 224 was designated as a school site in
access to all its documents confidential or otherwise
the subdivision plan that DCI submitted to the Bureau of
and its counsel in handling the implementation of the
Lands in 1961 but was sold by DCI to spouses Ramon and
writ of execution against its developer and owner,
Beatriz Durano without disclosing it as a school site.
Durano and Co. Inc.
While still the counsel for SJHAI, respondent represented
Moreso, when Respondent acted as counsel for the
Myrna and Antonio Montealegre in requesting for SJHAIs
substituted defendant Durano and Co. Inc., Lydia
conformity to construct a school building on Lot No. 224 to be
Durano-Rodriguez; the conflict of interest between the
purchased from Durano.
latter and the Complainant became so revealing and In his Comment and Explanation, 8 respondent claimed that
yet Respondent proceeded to represent the former. he continued to represent Lydia Durano-Rodriguez against
petitioner despite the March 8, 1999 Resolution because it
was still pending when the second disbarment case was filed.
For his defense of good faith in doing so; inasmuch as He maintained that the instant petition is a rehash of the first
the same wasnt controverted by the Complainant disbarment case from which he was exonerated. Concerning
which was his first offense; Respondent must be given the title "Judge", respondent stated that since the filing of the
the benefit of the doubt to rectify his error subject to instant petition he had ceased to attach the title to his name.
the condition that should he commit the same in the
On July 7, 2003, the matter was referred to the IBP for
future; severe penalty will be imposed upon him. 5
investigation, report and recommendation.9
The Investigating Commissioner recommended dismissal of
Investigating Commissioner Leland R. Villadolid, Jr. reported
the complaint with the admonition that respondent should
that respondent did not violate the admonition because it
observe extra care and diligence in the practice of his
referred to future cases only and not to cases subject of A.C.
profession to uphold its dignity and integrity beyond
No. 4783. Besides, petitioner never questioned the propriety
reproach.
of respondents continued representation of Lydia Durano-
The IBP Board of Governors adopted and approved the report Rodriguez on appeal until the case was terminated.
and recommendation of the Investigating Commissioner,
The Investigating Commissioner, however, believed that
which we noted in a resolution dated March 8, 1999.
respondent was deceitful when he used the title "Judge", thus
Notwithstanding the admonition, respondent continued creating a false impression that he was an incumbent.
representing Lydia Durano-Rodriguez before the Court of
The Investigating Commissioner recommended thus:
Appeals6 and this Court7 and even moved for the execution of
the decision. In view of the foregoing considerations, this
Commissioner respectfully recommends the following
Thus, a second disbarment case was filed against respondent
penalty range to be deliberated upon by the Board for
for violation of the March 8, 1999 Resolution in A.C. No. 4783
imposition on Respondent: minimum penalty of
and for his alleged deceitful conduct in using the title "Judge"
reprimand to a maximum penalty of four (4) months
although he was found guilty of grave and serious
suspension. It is further recommended that in addition
misconduct.
to the penalty to be imposed, a stern warning be given
Respondent used the title "Judge" in his office letterhead, to Respondent in that should he violate his
correspondences and billboards which was erected in several undertaking/promise not to handle any case in the
areas within the San Jose Subdivision sometime in October future where the Complainant would be the adverse
2001. party and/or should he again use the title of "Judge"
which would create an impression that he is still
connected to the judiciary, a more severe penalty shall also misleading for respondent to insist that he was
be imposed on him by the Commission. exonerated in A.C. No. 4783.
RESPECTFULLY SUBMITTED. We agree with the IBP that respondents continued use of the
title "Judge" violated Rules 1.01 and 3.01 of the Code of
The IBP Board of Governors approved with modification the
Professional Responsibility prohibiting a lawyer from
report and recommendation of the Investigating
engaging in deceitful conduct and from using any misleading
Commissioner, thus:
statement or claim regarding qualifications or legal services.
RESOLVED to ADOPT and APPROVE, as it is hereby The quasi-judicial notice he posted in the billboards referring
ADOPTED and APPROVED, with modification, the to himself as a judge is deceiving. It was a clear attempt to
Report and Recommendation of the Investigating mislead the public into believing that the order was issued in
Commissioner of the above-entitled case, herein made his capacity as a judge when he was dishonorably stripped of
part of this Resolution as Annex "A", and, finding the the privilege.
recommendation fully supported by the evidence on
Respondent did not honorably retire from the judiciary. He
record and the applicable laws and rules, and
resigned from being a judge during the pendency of Zarate v.
considering Respondents violation of Rule 1.01 and
Judge Romanillos, where he was eventually found guilty of
Rule 3.01 of the Code of Professional Responsibility,
grave and serious misconduct and would have been
Atty. Roberto Romanillos is hereby SUSPENDED from
dismissed from the service had he not resigned.
the practice of law for six (6) months with a WARNING
that should he violate his undertaking/promise a more In that case, respondent was found guilty of illegal
severe penalty shall be imposed against him. solicitation and receipt of P10,000.00 from a party litigant.
We ruled thus:
Undoubtedly, respondent represented the inconsistent
interests of SJHAI, DCI as substituted by Lydia Durano- Considering the foregoing, respondent Judge Roberto
Rodriguez and the Montealegres. Respondent was B. Romanillos is hereby found guilty of grave and
admonished yet he continued to represent Durano-Rodriguez serious misconduct affecting his integrity and honesty.
against SJHAI. He deserves the supreme penalty of dismissal.
However, respondent, in an obvious attempt to escape
It is inconsequential that petitioner never questioned the
punishment for his misdeeds, tendered his resignation
propriety of respondents continued representation of Lydia
during the pendency of this case. Consequently, we
Durano-Rodriguez. The lack of opposition does not mean tacit
are now precluded from dismissing respondent from
consent. As long as the lawyer represents inconsistent
the service. Nevertheless, the ruling in People v.
interests of two (2) or more opposing clients, he is guilty of
Valenzuela (135 SCRA 712 [1985]), wherein the
violating his oath. Rule 15.03 of the Code of Professional
respondent judge likewise resigned before the case
Responsibility specifically mandates that a lawyer shall not
could be resolved, finds application in this case.
represent conflicting interests except by written consent of
Therein it was held that the rule that the resignation or
all concerned given after a full disclosure. Incidentally, it is
retirement of a respondent judge in an administrative
case renders the case moot and academic, is not a pointed out by the Investigating Commissioner, the right to
hard and fast rule. retain and use said title applies only to the aforementioned
members of the bench and no other, and certainly not to
those who were removed or dismissed from the judiciary,
ACCORDINGLY, in view of our aforestated finding that such as respondent.
respondent Judge Romanillos is guilty of grave and
Membership in the legal profession is a special privilege
serious misconduct which would have warranted his
burdened with conditions.12 It is bestowed upon individuals
dismissal from the service had he not resigned during
who are not only learned in law, but also known to possess
the pendency of this case, and it appearing that
good moral character.13 Lawyers should act and comport
respondent has yet to apply for his retirement benefits
themselves with honesty and integrity in a manner beyond
and other privileges if any; the Court, consistent with
reproach, in order to promote the publics faith in the legal
the penalties imposed in Valenzuela (supra.), hereby
profession.14
orders the FORFEITURE of all leave and retirement
benefits and privileges to which herein respondent To say that lawyers must at all times uphold and respect the
Judge Romanillos may be entitled WITH PREJUDICE to law is to state the obvious, but such statement can never be
reinstatement and/or reemployment in any branch or overemphasized. Considering that, "of all classes and
instrumentality of government, including government- professions, [lawyers are] most sacredly bound to uphold the
owned or controlled agencies or corporations. law," it is imperative that they live by the law. Accordingly,
lawyers who violate their oath and engage in deceitful
SO ORDERED.10
conduct have no place in the legal profession. 15
The penalty imposed upon him in said case included
Disbarment is the most severe form of disciplinary sanction.
forfeiture of all leave and retirement benefits and privileges
We are mindful that the power to disbar must always be
to which he may be entitled with prejudice to reinstatement
exercised with great caution, for only the most imperative
and/or reemployment in any branch or instrumentality of
reasons,16 and in clear cases of misconduct affecting the
government, including government-owned or controlled
standing and moral character of the lawyer as an officer of
agencies or corporations. Certainly, the use of the title
the court and as a member of the bar. 17
Judge is one of such privileges.
This is not respondents first infraction as an officer of the
We have previously declared that the use of titles such as
court and a member of the legal profession. He was stripped
"Justice" is reserved to incumbent and retired members of
of his retirement benefits and other privileges in Zarate v.
the Supreme Court, the Court of Appeals and the
Judge Romanillos.18 In A.C. No. 4783, he got off lightly with
Sandiganbayan and may not be used by any other official of
just an admonition. Considering his previous infractions,
the Republic, including those given the rank of "Justice". 11 By
respondent should have adhered to the tenets of his
analogy, the title "Judge" should be reserved only to judges,
profession with extra fervor and vigilance. He did not. On the
incumbent and retired, and not to those who were
contrary, he manifested undue disrespect to our mandate
dishonorably discharged from the service. As correctly
and exhibited a propensity to violate the laws. He is thus
unfit to discharge the duties of his office and unworthy of the personally or through paid agents or brokers,
trust and confidence reposed on him as an officer of the constitutes malpractice.
court. His disbarment is consequently warranted.
WHEREFORE, respondent Atty. Roberto B. Romanillos is
Section 27, Rule 138 of the Revised Rules of Court provides: DISBARRED and his name is ORDERED STRICKEN from the
Roll of Attorneys. Let a copy of this Decision be entered in
SEC. 27. Disbarment or suspension of attorneys by
respondents record as a member of the Bar, and notice of
Supreme Court; grounds therefor. A member of the
the same be served on the Integrated Bar of the Philippines,
bar may be disbarred or suspended from his office as
and on the Office of the Court Administrator for circulation to
attorney by the Supreme Court for any deceit,
all courts in the country.
malpractice, or other gross misconduct in such office,
grossly immoral conduct, or by reason of his conviction SO ORDERED.
of a crime involving moral turpitude, or for any
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-
violation of the oath which he is required to take
Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez,
before admission to practice, or for a wilful
Corona, Carpio-Morales, Callejo, Sr., Azcuna, Tinga, Chico-
disobedience of any lawful order of a superior court, or
Nazario, and Garcia, JJ., concur.
for corruptly or wilfully appearing as an attorney for a
party to a case without authority so to do. The practice
of soliciting cases at law for the purpose of gain, either
Rule 15.02. PRIVELEGED COMMUNICATION (TO Under consideration is Resolution No. XVI-2004-472 of the
PRESERVE THE SECRETS OF A CLIENT) Board of Governors, Integrated Bar of the Philippines (IBP),
relative to the complaint for disbarment filed by herein
A lawyer shall be bound by the rule on privilege complainant Ma. Luisa Hadjula against respondent Atty.
communication in respect of matters disclosed to him by a Roceles F. Madianda.
prospective client.
The case started when, in an AFFIDAVIT-COMPLAINT1 bearing
date September 7, 2002 and filed with the IBP Commission
on Bar Discipline, complainant charged Atty. Roceles F.
HADJULA V. ATTY. MADIANDA
Madianda with violation of Article 209 2 of the Revised Penal
A.C. No. 6711 July 3, 2007 Code and Canon Nos. 15.02 and 21.02 of the Code of
Professional Responsibility.
MA. LUISA HADJULA, complainant,
vs. In said affidavit-complaint, complainant alleged that she and
ATTY. ROCELES F. MADIANDA, respondent. respondent used to be friends as they both worked at the
Bureau of Fire Protection (BFP) whereat respondent was the
DECISION Chief Legal Officer while she was the Chief Nurse of the
GARCIA, J.: Medical, Dental and Nursing Services. Complainant claimed
that, sometime in 1998, she approached respondent for In her answer, styled as COUNTER-AFFIDAVIT, 5 respondent
some legal advice. Complainant further alleged that, in the denied giving legal advice to the complainant and dismissed
course of their conversation which was supposed to be kept any suggestion about the existence of a lawyer-client
confidential, she disclosed personal secrets and produced relationship between them. Respondent also stated the
copies of a marriage contract, a birth certificate and a observation that the supposed confidential data and sensitive
baptismal certificate, only to be informed later by the documents adverted to are in fact matters of common
respondent that she (respondent) would refer the matter to a knowledge in the BFP. The relevant portions of the answer
lawyer friend. It was malicious, so complainant states, of read:
respondent to have refused handling her case only after she
5. I specifically deny the allegation of F/SUPT. MA.
had already heard her secrets.
LUISA C. HADJULA in paragraph 4 of her AFFIDAVIT-
Continuing, complainant averred that her friendship with COMPLAINT for reason that she never WAS MY CLIENT
respondent soured after her filing, in the later part of 2000, of nor we ever had any LAWYER-CLIENT RELATIONSHIP
criminal and disciplinary actions against the latter. What, per that ever existed ever since and that never obtained
complainant's account, precipitated the filing was when any legal advice from me regarding her PERSONAL
respondent, then a member of the BFP promotion board, PROBLEMS or PERSONAL SECRETS. She likewise never
demanded a cellular phone in exchange for the complainant's delivered to me legal documents much more told me
promotion. some confidential information or secrets. That is
because I never entertain LEGAL QUERIES or
According to complainant, respondent, in retaliation to the
CONSULTATION regarding PERSONAL MATTERS since I
filing of the aforesaid actions, filed a COUNTER COMPLAINT 3
know as a LAWYER of the Bureau of Fire Protection that
with the Ombudsman charging her (complainant) with
I am not allowed to privately practice law and it might
violation of Section 3(a) of Republic Act No. 3019, 4
also result to CONFLICT OF INTEREST. As a matter of
falsification of public documents and immorality, the last two
fact, whenever there will be PERSONAL MATTERS
charges being based on the disclosures complainant earlier
referred to me, I just referred them to private law
made to respondent. And also on the basis of the same
practitioners and never entertain the same, NOR listen
disclosures, complainant further stated, a disciplinary case
to their stories or examine or accept any document.
was also instituted against her before the Professional
Regulation Commission. 9. I specifically deny the allegation of F/SUPT. MA.
LUISA C. HADJULA in paragraph 8 of her AFFIDAVIT-
Complainant seeks the suspension and/or disbarment of
COMPLAINT, the truth of the matter is that her ILLICIT
respondent for the latter's act of disclosing personal secrets
RELATIONSHIP and her illegal and unlawful activities
and confidential information she revealed in the course of
are known in the Bureau of Fire Protection since she
seeking respondent's legal advice.
also filed CHILD SUPPORT case against her lover
In an order dated October 2, 2002, the IBP Commission on where she has a child .
Bar Discipline required respondent to file her answer to the
complaint.
Moreover, the alleged DOCUMENTS she purportedly considering the actuation of revealing information
have shown to me sometime in 1998, are all part of given to respondent during a legal consultation, Atty.
public records . Roceles Madianda is hereby REPRIMANDED.
Furthermore, F/SUPT. MA. LUISA C. HADJULA, is filing We AGREE with the recommendation and the premises
the instant case just to get even with me or to force holding it together.
me to settle and withdraw the CASES I FILED AGAINST
As it were, complainant went to respondent, a lawyer who
HER since she knows that she will certainly be
incidentally was also then a friend, to bare what she
DISMISSED FROM SERVICE, REMOVED FROM THE PRC
considered personal secrets and sensitive documents for the
ROLL and CRIMINALLY CONVICTED of her ILLICIT,
purpose of obtaining legal advice and assistance. The
IMMORAL, ILLEGAL and UNLAWFUL ACTS.
moment complainant approached the then receptive
On October 7, 2004, the Investigating Commissioner of the respondent to seek legal advice, a veritable lawyer-client
IBP Commission on Bar Discipline came out with a Report relationship evolved between the two. Such relationship
and Recommendation, stating that the information related by imposes upon the lawyer certain restrictions circumscribed
complainant to the respondent is "protected under the by the ethics of the profession. Among the burdens of the
attorney-client privilege communication." Prescinding from relationship is that which enjoins the lawyer, respondent in
this postulate, the Investigating Commissioner found the this instance, to keep inviolate confidential information
respondent to have violated legal ethics when she acquired or revealed during legal consultations. The fact that
"[revealed] information given to her during a legal one is, at the end of the day, not inclined to handle the
consultation," and accordingly recommended that client's case is hardly of consequence. Of little moment, too,
respondent be reprimanded therefor, thus: is the fact that no formal professional engagement follows
the consultation. Nor will it make any difference that no
WHEREFORE, premises considered, it is respectfully
contract whatsoever was executed by the parties to
recommended that respondent Atty. Roceles Madianda
memorialize the relationship. As we said in Burbe v. Magulta,6
be reprimanded for revealing the secrets of the
-
complainant.
A lawyer-client relationship was established from the
On November 4, 2004, the IBP Board of Governors issued
very first moment complainant asked respondent for
Resolution No. XVI-2004-472 reading as follows:
legal advise regarding the former's business. To
RESOLVED to ADOPT and APPROVE, as it is hereby constitute professional employment, it is not essential
ADOPTED and APPROVED, the Report and that the client employed the attorney professionally on
Recommendation of the Investigating Commissioner of any previous occasion.
the above-entitled case, herein made part of this
It is not necessary that any retainer be paid, promised,
Resolution as Annex "A"; and , finding the
or charged; neither is it material that the attorney
recommendation fully supported by the evidence on
consulted did not afterward handle the case for which
record and the applicable laws and rules, and
his service had been sought.
It a person, in respect to business affairs or troubles of The seriousness of the respondent's offense notwithstanding,
any kind, consults a lawyer with a view to obtaining the Court feels that there is room for compassion, absent
professional advice or assistance, and the attorney compelling evidence that the respondent acted with ill-will.
voluntarily permits or acquiesces with the consultation, Without meaning to condone the error of respondent's ways,
then the professional employments is established. what at bottom is before the Court is two former friends
becoming bitter enemies and filing charges and counter-
Likewise, a lawyer-client relationship exists
charges against each other using whatever convenient tools
notwithstanding the close personal relationship
and data were readily available. Unfortunately, the personal
between the lawyer and the complainant or the non-
information respondent gathered from her conversation with
payment of the former's fees.
complainant became handy in her quest to even the score. At
Dean Wigmore lists the essential factors to establish the the end of the day, it appears clear to us that respondent was
existence of the attorney-client privilege communication, viz: actuated by the urge to retaliate without perhaps realizing
that, in the process of giving vent to a negative sentiment,
(1) Where legal advice of any kind is sought (2) from a she was violating the rule on confidentiality.
professional legal adviser in his capacity as such, (3)
the communications relating to that purpose, (4) made IN VIEW WHEREOF, respondent Atty. Roceles F. Madianda is
in confidence (5) by the client, (6) are at his instance hereby REPRIMANDED and admonished to be circumspect
permanently protected (7) from disclosure by himself in her handling of information acquired as a result of a
or by the legal advisor, (8) except the protection be lawyer-client relationship. She is also STERNLY WARNED
waived.7 against a repetition of the same or similar act complained of.
Rule 15.05. CANDID, HONEST ADVICE client's case, neither overstating nor understating the
prospects of the case.
A lawyer when advising his client, shall give a candid and
honest opinion on the merits and probable results of the
ROLLON V. ATTY. NARAVAL Official Receipt is hereto attached as Annex A to form part
hereof;
A.C. No. 6424 March 4, 2005
"As per the instruction of Atty. Naraval, my son, Freddie,
CONSORCIA S. ROLLON, Complainant,
returned to his office the following week to make follow-up on
vs.
said case. However, I was informed later by my son Freddie
Atty. CAMILO NARAVAL, respondent.
that Atty. Naraval was not able to act on my case because
DECISION the latter was so busy. Even after several follow-ups were
made with Atty. Naraval, still there was no action done on our
PANGANIBAN, J.: case;
Lawyers owe fidelity to their clients. The latters money or "Sometime in November 29, 2001, I decided to withdraw the
other property coming into the formers possession should be amount I paid to Atty. Naraval, because of the latters failure
deemed to be held in trust and should not under any to comply with our mutual agreement that he will assist me
circumstance be commingled with the lawyers own; much in the above-mentioned case;
less, used by them. Failure to observe these ethical principles
constitutes professional misconduct and justifies the "My son Freddie Rollon went to Atty. Naravals office that
imposition of disciplinary sanctions. same day to inform Atty. Naraval of our decision to withdraw
the amount I have paid and to retrieve my documents
The Case and the Facts pertaining to said case. Unfortunately, despite our several
follow-ups, Atty. Naraval always said that he cannot return
Before us is a letter-complaint against Atty. Camilo Naraval,
the documents because they were in their house, and that he
filed by Consorcia S. Rollon with the Davao City Chapter of
could not give us back the amount we paid him (Php
the Integrated Bar of the Philippines (IBP) on November 29,
8,000.00) because he has no money;
2001. The Affidavit1 submitted by complainant alleges the
following: "Having failed to obtain any response, I decided to refer the
matter to Atty. Ramon Edison Batacan, IBP President of
"Sometime in October of 2000, I went to the office of Atty.
Davao City and to Atty. Pedro Castillo, the Commissioner on
Camilo F. Naraval together with my son, Freddie Rollon, to
Bar D[i]scipline;
seek his assistance in a case filed against me before the
Municipal Trial Court in Cities Branch 6, Davao City entitled xxx xxx x x x."
Rosita Julaton vs. Consorcia S. Rollon for Collection of Sum
of Money with Prayer for Attachment; In an Order dated March 12, 2002, 2 the IBP Commission on
Bar Discipline (CBD), through Director Victor C. Fernandez,
"After going over the documents I brought with me pertaining directed respondent to submit his answer to the Complaint.
to the said case, Atty. Naraval agreed to be my lawyer and I The same directive was reiterated in the CBDs May 31, 2002
was required to pay the amount of Eight Thousand Pesos Order3 issued through Commissioner Jovy C. Bernabe.
(Php 8,000.00) for the filing and partial service fee, which Respondent did not file any answer despite his receipt of the
amount was paid by me on October 18, 2000, a copy of the Orders.4
Not having heard from him despite adequate notice, the CBD become final and executory. Apparently, the civil suit
proceeded with the investigation ex parte. Its Order 5 dated between Rosita Julaton and the complainant have been
November 11, 2002, issued through Commissioner Bernabe, decided against the latter and which judgment has long
required complainant to submit her position paper within ten become final and executory. However, despite full knowledge
days from receipt thereof, after which the case was to be by the respondent of such finality based on the documents
deemed submitted for resolution. furnished to him, respondent withheld such vital information
and did not properly appraise the complainant. Thus,
The CBD received complainants Position Paper 6 on December
respondent violated the mandate in Canon 15 x x x." 7
10, 2002.
IBP Board of Governors Resolution
Report of the Investigating Commissioner
On February 27, 2004, the IBP Board of Governors issued
In his Report and Recommendation dated October 16, 2003,
Resolution No. XVI-2004-64 upholding the above-quoted
Investigating Commissioner Acerey C. Pacheco recommended
Report. The Board recommended the suspension of
that respondent be suspended from the practice of law for
respondent from the practice of law for two (2) years for
one (1) year for neglect of duty and/or violation of Canons 15
violation of Rules 15 and 18 of the Code of Professional
and 18 of the Code of Professional Responsibility. The Report
Responsibility and the restitution of complainants P8,000.
reads in part as follows:
The Courts Ruling
"Canon 18 of the Code of Professional Responsibility requires
every lawyer to serve his client with utmost dedication, We agree with the Resolution of the IBP Board of Governors.
competence and diligence. He must not neglect a legal
Respondents Administrative Liability
matter entrusted to him, and his negligence in this regard
renders him administratively liable x x x. Ordinarily, lawyers are not obliged to act either as advisers or
as advocates of any person who may wish to become their
"In the case at bar, the deplorable conduct of the respondent
client.8 They may decline employment and refuse to accept
in misrepresenting to the complainant that he will render
representation, if they are not in a position to carry it out
legal services to her, and after receiving certain amount from
effectively or competently.9 But once they agree to handle a
the latter as payment for filing fee and service fee did
case, attorneys are required by the Canons of Professional
nothing in return, has caused unnecessary dishonor to the
Responsibility to undertake the task with zeal, care and
bar. By his own conduct the respect of the community to the
utmost devotion.10
legal profession, of which he swore to protect, has been
tarnished. Acceptance of money from a client establishes an attorney-
client relationship and gives rise to the duty of fidelity to the
xxx xxx xxx
clients cause.11 Every case accepted by a lawyer deserves
"In fact, complainant claimed to have been shortchanged by full attention, diligence, skill and competence, regardless of
the respondent when he failed to properly appraised her of importance.12 The Code of Professional Responsibility clearly
the status of her case which she later on found to have states:
CANON 17 A lawyer owes fidelity to the cause of his complainant. Instead, he demanded P8,000 as "filing and
client and he shall be mindful of the trust and service fee" and thereby gave her hope that her case would
confidence reposed in him. be acted upon.
CANON 18 - A lawyer shall serve his client with Rule 15.05 of the Code of Professional Responsibility requires
competence and diligence. that lawyers give their candid and best opinion to their
clients on the merit or lack of merit of the case, neither
Rule 18.03 - A lawyer shall not neglect a legal matter
overstating nor understating their evaluation thereof.
entrusted to him and his negligence in connection
Knowing whether a case would have some prospect of
therewith shall render him liable.
success is not only a function, but also an obligation on the
Rule 18.04 - A lawyer shall keep his client informed of part of lawyers.15 If they find that their clients cause is
the status of his case and shall respond within a defenseless, then it is their bounden duty to advise the latter
reasonable time to the clients request for information. to acquiesce and submit, rather than to traverse the
incontrovertible.16 The failure of respondent to fulfill this basic
Hence, practising lawyers may accept only as many cases as undertaking constitutes a violation of his duty to "observe
they can efficiently handle.13 Otherwise, their clients would candor, fairness and loyalty in all his dealings and
be prejudiced. Once lawyers agree to handle a case, they transactions with his clients."17
should undertake the task with dedication and care. If they
do any less, then they fail their lawyers oath. 14 Likewise, as earlier pointed out, respondent persistently
refused to return the money of complainant despite her
The circumstances of this case indubitably show that after repeated demands. His conduct was clearly indicative of lack
receiving the amount of P8,000 as filing and partial service of integrity and moral soundness; he was clinging to
fee, respondent failed to render any legal service in relation something that did not belong to him, and that he absolutely
to the case of complainant. His continuous inaction despite had no right to keep or use.18
repeated followups from her reveals his cavalier attitude and
appalling indifference toward his clients cause, in brazen Lawyers are deemed to hold in trust their clients money and
disregard of his duties as a lawyer. Not only that. Despite her property that may come into their possession. 19 As
repeated demands, he also unjustifiably failed to return to respondent obviously did nothing on the case of complainant,
her the files of the case that had been entrusted to him. To the amount she had given -- as evidenced by the receipt
top it all, he kept the money she had likewise entrusted to issued by his law office -- was never applied to the filing fee.
him. His failure to return her money upon demand gave rise to the
presumption that he had converted it to his own use and
Furthermore, after going through her papers, respondent thereby betrayed the trust she had reposed in him. 20 His
should have given her a candid, honest opinion on the merits failure to do so constituted a gross violation of professional
and the status of the case. Apparently, the civil suit between ethics and a betrayal of public confidence in the legal
Rosita Julaton and complainant had been decided against the profession.21
latter. In fact, the judgment had long become final and
executory. But he withheld such vital information from
The Code exacts from lawyers not only a firm respect for law, the practice of law for a period of two (2) years, effective
legal processes and the courts, 22 but also mandates the upon his receipt of this Decision. Furthermore, he is
utmost degree of fidelity and good faith in dealing with the ORDERED TO RESTITUTE, within thirty (30) days from notice
moneys entrusted to them pursuant to their fiduciary of this Decision, complainants eight thousand pesos
relationship.23 Respondent clearly fell short of the demands (P8,000), plus interest thereon, at the rate of six percent per
required of him as a member of the bar. His inability to annum, from October 18, 2000, until fully paid. Let copies of
properly discharge his duty to his client makes him this Decision be furnished all courts, the Office of the Bar
answerable not just to her, but also to this Court, to the legal Confidant, as well as the National Office and the Davao City
profession, and to the general public. 24 Given the crucial Chapter of the Integrated Bar of the Philippines.
importance of his role in the administration of justice, his
SO ORDERED.
misconduct diminished the confidence of the public in the
integrity and dignity of the profession. 25 Davide, Jr., C.J., Puno, Quisumbing, Ynares-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Callejo,
WHEREFORE, Atty. Camilo Naraval is found GUILTY of
Sr., Azcuna, Tinga, Chico-Nazario, and Garcia, JJ., concur.
violating Rule 15.05 and Canons 16, 17 and 18 of the Code of
Professional Responsibility and is hereby SUSPENDED from Carpio-Morales, J., on leave.
Despite receipt of above-said amounts, respondent failed to As respondent failed and continues to refuse to comply with
file a case against Swire Realty and Development Corp; 7 due complainants valid demands in evident bad faith and to her
to respondents negligence, the case for estafa against prejudice, she filed the present complaint charging him with
Lourdes Fresnoza Boon was dismissed by the Office of the flagrant violation of Canon 16 and Canon 16.03 of the Code
City Prosecutor of Makati City and was not timely appealed to of Professional Responsibility.
the Department of Justice; 8 respondent negligently failed to
By Resolution14 of February 4, 2002, this Court directed
inform complainant, before she left for abroad, to leave the
respondent to file his Comment. Respondent, through his
necessary documents for purposes of the preliminary
counsel, the Escobido and Pulgar Law Offices, filed a motion
investigation of the case filed against Julie Teh before the
for extension for thirty days or up to April 9, 2002, which was
Office of the City Prosecutor of Makati City, which case was
granted by Resolution of May 27, 2002. No copy was,
eventually dismissed by Resolution dated August 14, 2000; 9
however, furnished respondents counsel. 15
and respondent compelled her to settle the two cases for
violation of B.P. Blg. 22 against Mona Lisa San Juan and As respondent failed to file his Comment on the present
Elizabeth Chan Ong under unfair and unreasonable terms. 10 complaint, this Court, by Resolution of July 21, 2003,
considered the filing of respondents comment deemed
Respondent thus demanded from respondent, by letter 11 of
waived and allowed complainant to present her evidence
June 14, 2001, for the return of all the records she had
before the Office of the Bar Confidant.16
entrusted him bearing on the subject cases.
At the hearing before the Officer of the Bar Confidant,
Through complainants counsel (Chavez Laureta and
complainant echoed her allegations in the complaint.
Associates Law Office) which sent a letter 12 to respondent,
she reiterated her demand for the return of the records of the As to the other cases referred by complainant to respondent,
cases. complainant testified that the case against Julie Enriquez-Teh
was dismissed because respondent failed to present the
Respondent did return but only the records bearing on the
original checks subject of the case; 17 that the estafa case
estafa case against Lourdes Fresnoza Boon and the B.P. Blg.
against Ms. Lourdes Boon was dismissed and was never
22 case against Mona Lisa San Juan.
appealed;18 and that she was prodded by respondent to settle
Complainant through counsel thus demanded, by letter 13 of the two cases for B.P. Blg. 22 even if she was not satisfied
August 8, 2001, the return of the rest of the files, particularly with the terms thereof, respondent having assured her that
that dealing with Swire Realty and Development Corporation he would waive his 10% "success fee" in the case against
and Julie Teh. In the same letter, complainant also demanded Swire Development.19
the refund of the amounts covered by the above-said two BPI
And complainant submitted the following documentary
Family Bank Checks amounting to P51,716.54, they being
evidence: (1) Retainer Agreement between her and Atty.
intended to represent payment of filing fees for the case
Renato Lazaro Bondal;20 (2) BPI Family Bank Check No. 94944
dated February 20, 2001 for P30,000.00 payable to cash; 21 undersignedInvestigatingProsecutorfindsnoprobableca
(3) BPI Family Bank Check No. 94968 dated April 5, 2001 for use to hold respondent for the offense charged of
P21,716.54 payable to cash;22 (4) Resolution of the City Estafa. Apparently, there was no deceit and/or
Prosecutor of Makati dated August 18, 2000 on a case unfaithfulness or abuse of confidence employed by
between Jayne Yu and Lourdes Fresnoza Boon; 23 (5) respondent when complainant agreed to invest her
Resolution of the City Prosecutor of Makati on a case between money in the restaurant business under the name and
her and Julie Enriquez-Teh; 24 (5) her letter to respondent style of La Gondola, Inc. which is owned by
dated June 14, 2001 requesting the return of pertinent respondent. xxx In the present case, though,
records of the cases referred to him; 25 (6) letter of Francisco I. complainant alleged that respondent immediately
Chavez to respondent dated July 18, 2001 reiterating the upon receipt of the P4,800,000.00 representing her
request for the return of the records and an accounting of the investment in the restaurant business, executed earlier
amount of P51,716.54;26 (7) letter of Francisco I. Chavez to in favor of Philippine Commercial and International
respondent dated August 8, 2001 confirming the receipt of Bank whereby La Gondola assumed the loans and
two folders relative to the cases she filed against Lourdes credit accommodations obtained by Lucre
Fresnoza Boon and Mona Lisa San Juan, requesting Atty. Export/Import Inc., using the funds of La Gondola, Inc.;
Bondal to return the files bearing on Swire Realty and respondent being the President and majority owner of
Development Corporation and Julie Teh, and demanding the the latter corporation. However, outside of the mere
refund of the amount of P51,716.54. 27 allegation of complainant that respondent allegedly
assumed the loans and credit accommodations
The Office of the Bar Confidant, by Report and
extended to the other company using the funds of La
Recommendation,28 recommends the dismissal of the
Gondola, Inc., no concrete and real evidence were
complaint for failure of complainant to substantiate it.
presented and/or proven to this effect by complainant.
From the records of the case, it is culled that except for the xxx
case against Swire Development Corporation, the other 4
Moreover, it is apparent that the issues being raised by
cases referred by complainant to respondent were filed in
complainant appears to be intra-corporate disputes
court but were dismissed or terminated for causes not
which could be very well settled in another forum. 29
attributable to respondent.
(Underscoring supplied)
The case for estafa against Lourdes Fresnoza Boon in I.S. No.
Notably, a similar complaint for the same offense, docketed
00-22089-90 was dismissed by the Makati Prosecutors Office
as I.S. No. 99-H-2780, had been previously filed by
by Resolution dated August 18, 2000 due to lack of probable
complainant against Ms. Boon which case was dismissed for
cause and, in any event, the issues raised therein were in the
insufficiency of evidence.30 As thus observed by the Office of
nature of intra-corporate disputes which are properly
the Bar Confidant, the filing of an appeal from the
cognizable by another forum, viz:
prosecutors resolution would have been inutile since the
Aftercarefulexaminationandevaluationoftheevidencead facts and issues raised in the estafa case had already been
ducedbothbycomplainantandrespondent,
twice passed upon by the Office of the City Prosecutor, As for the alleged compulsion in the settlement of her two
hence, it would likely be dismissed.31 complaints for violation of B.P. Blg. 22 in accordance with the
terms dictated by the therein respondents Mona Lisa San
No fault or negligence can also be attributed to respondent in
Juan and Elizabeth Chan Ong, upon the promise of
the dismissal of I.S. No. 2000-G-22087-88 against Julie Teh.
respondent that he would waive the 10% success fee in the
By Resolution of August 14, 2000 of the Makati Prosecutors
complaint to be filed against Swire Development: Assuming
Office, it is clear that it was dismissed, in the main, on the
the truthfulness of her allegation that respondent compelled
ground that the offense charged did not actually exist and
her to settle, what the terms were as alleged to have been
complainant failed to appear and present the original checks,
dictated by Ms. San Juan and Ms. Chan Ong, and the manner
viz:
and/or extent of prejudice she suffered, complainant did not
After a careful evaluation of the evidence on record, the establish. Moreover, she failed to show that the promise by
undersigned recommends for the dismissal of the present respondent that he would waive the 10% success fee was for
complaints on the following grounds: the purpose of defrauding her or of such nature as to
constitute undue influence, thereby depriving her of
1. Despite reasonable opportunity given to her, reasonable freedom of choice.
complainant failed to appear and present the original
copies of the subject checks and other documents Subsequent to the amicable settlement, it appears that
attached to the complaint. complainant never raised any objection to the terms of the
compromise. As an accepted rule, when a client, upon
2. The subject checks were presented after the 90-day becoming aware of the compromise and the judgment
period hence there is no more presumption of thereon, fails to promptly repudiate the action of his attorney,
knowledge of the insufficiency of funds. Accordingly, he will not afterwards be heard to complain about it. 35
the burden is shifted upon the complainant to prove
that at the time the checks were issued, the drawer As for complainants claim that the amount of P51,716.54,
knew that he had insufficient funds. There is no which was the only amount on record that complainant paid
allegation much less proof to that effect. The result is for respondents legal services, was intended for the filing
that the element of knowledge of insufficiency of funds fees in the complaint against Swire Development
or credit is not present, therefore the crime does not Corporation, the same was not substantiated as in fact the
exist.32 retainer agreement does not so confirm.
On the alleged failure of respondent to appear during the We would like to thank you for retaining our law firm in the
hearing of I.S. No. 2000-G-22087-88 and his failure to present handling and representation of your case.
the original of the checks subject thereof, they being then in Inregardtothefivecasesyoureferredtous,
the possession of complainant who was abroad at that time: 33 ouraggregateAcceptancefeeisP200,000PesoswithanAppearan
Such failure to present the original of the checks cannot cefeeofP1,500.00Pesosperhearing. As regards the damages
solely be attributed to respondent, for she herself was guilty to be recovered, we will get 10% thereof by way of Success
of neglect.34 Fee.36 (Underscoring supplied)
If, admittedly, the only payment given to complainant by However, since respondent had been advised by complainant
respondent is the amount of P51,716.54, then complainant through counsel Chavez Laureta and Associates, by letter of
still owes respondent more, as respondent rendered his legal July 18, 2001, that she intended to terminate his services, as
services in 4 out of the 5 cases. An acceptance fee is not a of said date, he was obliged, under Rule 22.02 of the Code of
contingent fee, but is an absolute fee arrangement which Professional Responsibility, viz:
entitles a lawyer to get paid for his efforts regardless of the
Rule 22.02 A lawyer who withdraws or is discharged
outcome of the litigation. That complainant was dissatisfied
shall, subject to a retainer lien, immediately turn over
with the outcome of the four cases does not render void the
all papers and property to which the client is entitled,
above retainer agreement for respondent appears to have
and shall cooperate with his successor in the orderly
represented the interest of complainant. Litigants need to be
transfer of the matter, including all information
reminded that lawyers are not demi-gods or "magicians" who
necessary for the proper handling of the matter, to
can always win their cases for their clients no matter the
immediately turn over all papers and property which
utter lack of merit of the same or how passionate the litigants
complainant entrusted to his successor.
may feel about their cause.37
WHEREFORE, the complaint is hereby DISMISSED.
In sum, this Court finds well taken the finding of the Office of
Respondent is, however, hereby directed to RETURN all the
the Bar Confidant that complainant failed to establish the
records in his possession relative to the cases he handled for
guilt of respondent by clear, convincing and satisfactory
complainant.
proof. The charges against him must thus be dismissed. 38
Panganiban, (Chairman), Sandoval-Gutierrez, Corona, and
Garcia, JJ., concur.
Rule 15.06. NOT STATE OR IMPLY INFLUENCE Tanu Reddi (complainant), an American citizen of Indian
descent and a practicing endodontist in New York, seeks the
A lawyer shall not state or imply that he is able to influence disbarment of Atty. Diosdado C. Sebrio, Jr. (respondent) for
any public official, tribunal or legislative body. allegedly deceiving her into giving him a total of US$
3,000,000 for the purpose of, among other things, purchasing
REDDI V. ATTY. SEBRIO JR.
several real estate properties for resale.
A.C. No. 7027 January 30, 2009
From the records of the case, the following facts are
TANU REDDI,Complainant, gathered:
vs.
Taking after her parents who had been involved in various
ATTY. DIOSDADO C. SEBRIO, JR.,Respondent.
charitable activities in India, complainant nurtured
DECISION philanthropic desires of her own consisting primarily in
opening a hospital with modern facilities in an
PER CURIAM: underdeveloped part of Asia.1
Together with Immaculada Luistro (Immaculada), a Filipino Respondent represented to complainant that his client
citizen,2 who was her assistant of over 10 years, complainant Teresita Monzon (Teresita) owned an untitled 27-hectare
visited the Philippines for the first time in 2000. Noting the property located at Tagaytay City. Through the Tagaytay
level of poverty in the country and the lack of medical Twins, Inc., complainant and Teresita executed a
services for the poor,3 she decided to put up a hospital.4 Memorandum of Agreement dated March 21, 2003 (Tagaytay
MOA)8 prepared by respondent under which she agreed to
Immaculada suggested to complainant to consider engaging
finance the titling of the property in the total amount of
in the real estate business in the Philippines in order to speed
P20,000,000, and that once titled, the property would be
up the generation of funds. 5 Heeding the suggestion,
offered for sale, the proceeds of which would be divided
complainant returned to the Philippines in 2003 to explore
equally between her and Teresita. Complainant thereupon
opportunities in the real estate business. 6
made staggered payments of US$1,000, P2,000,000, and
Complainant was introduced to respondent who would help US$36,360 to Teresita.9
her acquire real properties for development and/or resale.
Complainant was later to discover that 996 square meters of
Since she could not acquire ownership of lands in the
the 27-hectare property had been purchased by Aldio
Philippines, respondent advised her to use corporate vehicles
Properties, Inc. in an extrajudicial foreclosure sale, which sale
to effect the purchases. Three corporations were thus formed
Teresita challenged in an action for annulment before the
Tagaytay Twins, Inc., Manila Chic Twins, Inc., and Tanu, Inc. 7
Regional Trial Court of Tagaytay City. In said action,
By complainants account, respondent cajoled her into buying respondent was Teresitas counsel of record. 10
several parcels of land located at Tagaytay City, Las Pias
Re the Las Pias City Property
City, Makati City, Quezon City, and Pasay City. She related
the details surrounding the intended acquisition of property Respondent offered to complainant the option to purchase a
as follows: house and lot located at Las Pias City, which were
encumbered by a mortgage, and which respondent
Re the Tagaytay City Property
represented as owned and being sold by one Francisca
Parales (Francisca)11 to finance an urgently needed heart
surgery of her daughter.12
Section 27, Rule 138 of the Rules of Court provides: The Court also sustains the order of the IBP for respondent to
return only the amount of US$544,828. While complainant
submitted documents showing her bank remittances WHEREFORE, respondent Diosdado C. Sebrio, Jr. is
involving different sums of money, some of these DISBARRED, and his name is ORDERED STRICKEN from the
remittances were not made in the name of respondent. 46 And Roll of Attorneys. He is ORDERED TO RETURN to complainant
as complainant herself declares, the amount of US$3,000,000 the amount of US$544,828. Let a copy of this Decision be
is a mere estimate of her total claim.47 Thus, only the return entered in his record as a member of the Bar; and let notice
of the admitted amount of US$544,828 is in order. As of the same be served on the Integrated Bar of the
reflected above, complainant is not precluded from litigating Philippines, and on the Office of the Court Administrator for
her claim for any balance due her in the proper forum. circulation to all courts in the country.
SO ORDERED.
A lawyer shall impress upon his client compliance with the On 18 April 2002, RBCI filed a complaint for disbarment
laws and the principles of fairness. against respondent.2 RBCI alleged that respondent violated
his oath and the Code of Professional Responsibility (Code).
RURAL BANK OF CALAPE INC. V. ATTY. FLORIDO
According to RBCI, on 1 April 2002, respondent and his
A.C. No. 5736 June 18, 2010 clients, Dr. Domeciano Nazareno, Dr. Remedios Relampagos,
Dr. Manuel Relampagos, and Felix Rengel (Nazareno-
RURAL BANK OF CALAPE, INC. (RBCI) BOHOL,
Relampagos group), through force and intimidation, with the
Complainant,
use of armed men, forcibly took over the management and
vs.
the premises of RBCI. They also forcibly evicted Cirilo A.
ATTY. JAMES BENEDICT FLORIDO, Respondent.
Garay (Garay), the bank manager, destroyed the banks
DECISION vault, and installed their own staff to run the bank.
Respondent added that the criminal complaint for malicious Commissioner Villadolid, Jr. added that the administrative
mischief filed against him by RBCI was already dismissed; complaint against respondent before the IBP is independent
while the complaint for grave coercion was ordered of the dismissal and suspension of the criminal cases against
suspended because of the existence of a prejudicial question. respondent. Commissioner Villadolid, Jr. also noted that RBCI
Respondent said that the disbarment complaint was filed complied with the IBP Rules of Procedure when they filed a
against him in retaliation for the administrative cases he filed verified complaint and submitted duly notarized affidavits.
against RBCIs counsel and the trial court judges of Bohol. Moreover, both RBCI and respondent agreed to dispense with
the mandatory conference hearing and, instead,
Moreover, respondent claimed that RBCI failed to present any
simultaneously submit their position papers.
evidence to prove their allegations. Respondent added that
the affidavits attached to the complaint were never On 20 March 2006, the IBP Board of Governors issued
identified, affirmed, or confirmed by the affiants and that Resolution No. XVII-2006-120 which declared that respondent
none of the documentary exhibits were originals or certified dismally failed to live up to the exacting standards of the law
true copies. profession and suspended respondent from the practice of
law for one year with a warning that repetition of similar
The Ruling of the IBP
conduct will warrant a more severe penalty. 4
On 28 September 2005, IBP Commissioner Leland R.
On 5 July 2006, respondent filed a motion for reconsideration.
Villadolid, Jr. (Commissioner Villadolid, Jr.) submitted his
In its 11 December 2008 Resolution, the IBP denied
report and declared that respondent failed to live up to the
respondents motion.5
exacting standards expected of him as vanguard of law and
justice.3 Commissioner Villadolid, Jr. recommended the The Ruling of the Court
imposition on respondent of a penalty of suspension from the
We affirm the IBP Board of Governors resolution.
practice of law for six months to one year with a warning that
the repetition of similar conduct in the future will warrant a The first and foremost duty of a lawyer is to maintain
more severe penalty. allegiance to the Republic of the Philippines, uphold the
Constitution and obey the laws of the land. 6 Likewise, it is the
According to Commissioner Villadolid, Jr., respondent knew or
lawyers duty to promote respect for the law and legal
ought to have known that his clients could not just forcibly
processes and to abstain from activities aimed at defiance of
take over the management and premises of RBCI without a
the law or lessening confidence in the legal system. 7
valid court order. Commissioner Villadolid, Jr. noted that the
right to manage and gain majority control over RBCI was one Canon 19 of the Code provides that a lawyer shall represent
of the issues pending before the trial court in Civil Case No. his client with zeal within the bounds of the law. For this
reason, Rule 15.07 of the Code requires a lawyer to impress A lawyers duty is not to his client but to the administration of
upon his client compliance with the law and principles of justice. To that end, his clients success is wholly subordinate.
fairness. A lawyer must employ only fair and honest means to His conduct ought to and must always be scrupulously
attain the lawful objectives of his client. 8 It is his duty to observant of the law and ethics. 11 Any means, not honorable,
counsel his clients to use peaceful and lawful methods in fair and honest which is resorted to by the lawyer, even in
seeking justice and refrain from doing an intentional wrong to the pursuit of his devotion to his clients cause, is
their adversaries.9 condemnable and unethical.12
We agree with Commissioner Villadolid, Jr.s conclusion: WHEREFORE, we find respondent Atty. James Benedict
Florido GUILTY of violating Canon 19 and Rules 1.02 and
Lawyers are indispensable instruments of justice and
15.07 of the Code of Professional Responsibility. Accordingly,
peace. Upon taking their professional oath, they
we SUSPEND respondent from the practice of law for one
become guardians of truth and the rule of law. Verily,
year effective upon finality of this Decision.
when they appear before a tribunal, they act not
merely as representatives of a party but, first and Let copies of this decision be furnished the Office of the Bar
foremost, as officers of the court. Thus, their duty to Confidant, to be appended to respondents personal record
protect their clients interests is secondary to their as attorney. Likewise, copies shall be furnished to the
obligation to assist in the speedy and efficient Integrated Bar of the Philippines and in all courts in the
administration of justice. While they are obliged to country for their information and guidance.
present every available legal remedy or defense, their
SO ORDERED.
fidelity to their clients must always be made within the
parameters of law and ethics, never at the expense of
truth, the law, and the fair administration of justice. 10
Rule 15.08. DUAL PROFESSION T. GARCIA, RENE ARNEJO, RENE LUIS TADLE, LAURA
ABARA, PHILIP AGUINALDO, BENEDICTA ALAVA,
A lawyer who is engaged in another profession or occupation LEONCIO CASAL, CARMELITA ESPINA, ZENAIDA
concurrently with the practice of law shall make clear to his FAMORCA, CELSO NIERA, CESAR REYES, NATIVIDAD
client whether he is acting as a lawyer or in another capacity. SANTOS and MAFEL YSRAEL, complainants,
vs.
DR. GAMILLA ET. AL. V. ATTY. MARIO JR.
ATTY. EDUARDO J. MARIO JR., respondent.
A.C. No. 4763 March 20, 2003
Respondent Atty. Mario ought to have disclosed to the The situation of Atty. Mario is not any different from that of
members of the UST Faculty Union, if not the entire an executor or administrator of an estate who may not
bargaining unit of faculty members, his interest in the charge against the estate any professional fee for legal
compromise agreement as one of the dismissed union services rendered by him because his efforts as such are
officers seeking compensation for the claim of back wages already paid for in his capacity as executor or administrator. 19
and other forms of damages, and also the reasons for Indeed, he could have avoided complaints and perceptions of
reducing the claim of the faculty members from more than self-enrichment arising from the levy of attorney's fees by
P9,000,000.00 to only P2,000,000.00. As the record shows, spelling out the terms and bases for the claim of
the explanations for respondent's actions were disclosed only P4,200,000.00 since the compensation for his services as
years after the consummation of the compromise agreement, president of the union should have otherwise covered his
particularly only after the instant complaint for disbarment legal services as well.
was filed against him, when the accounting should have been
Regardless of the motivations of respondent in perfecting the
forthcoming either before or during the settlement of the
compromise agreement or demanding the inexplicable
labor case against the management of UST.
attorney's fees, his actions were not transparent enough to
Equally important, since respondent and the other union allow the bargaining unit ample information to decide freely
officers and directors were to get for themselves a lion's and intelligently. Clearly, he violated Canon 15 of the Code of
share of the compromise as they ultimately did, Atty. Mario Professional Responsibility requiring every lawyer to
should have unambiguously divulged and made clear to his "observe candor, fairness and loyalty in all his dealings and
client the compelling probability of conflict of interests. He transactions with his clients." Lawyers are vanguards in the
should have voluntarily turned over the reins of legal bastion of justice so they are without doubt expected to have
representation to another lawyer who could have acted on a bigger dose of service-oriented conscience and a little less
the matter with a deep sense of impartiality over the several of self-interest.
claims against UST and an unfettered commitment to the
As indispensable part of the system of administering justice,
cause of the faculty members.
attorneys must comply strictly with the oath of office and the
Furthermore, there was lack of notice and transparency in canons of professional ethics - a duty more than imperative
respondent's dual role as lawyer and president of the UST during these critical times when strong and disturbing
Faculty Union when he obtained P4,200,000.00 as attorney's criticisms are hurled at the practice of law. The process of
fees. Without ruling on the validity of the collection of imbibing ethical standards can begin with the simple act of
attorney's fees so as not to pre-empt the decision in G.R. No. openness and candor in dealing with clients, which would
149763 on this issue, the record does not show any progress thereafter towards the ideal that a lawyer's vocation
justification for such huge amount of compensation nor any is not synonymous with an ordinary business proposition but
clear differentiation between his legal services and his tasks a serious matter of public interest.
as union president comprising in all probability the same
The evidence on record proves that Atty. Mario failed to Mario is admonished to refrain from all appearances and
disclose at crucial moments significant information about the acts of impropriety including circumstances indicating conflict
manner by which he secured the P7,000,000.00 by virtue of of interests, and to behave at all times with circumspection
the compromise agreement and the P4,200,000.00 attorney's and dedication befitting a member of the Bar, especially
fees under the memorandum of agreement. A simple observing candor, fairness and loyalty in all transactions with
accounting of the money that he and others concerned his client.22
received from UST, as well as an explanation on the details of
WHEREFORE, respondent Atty. Eduardo J. Mario Jr. is
the agreements, would have enlightened the faculty
REPRIMANDED for his misconduct with a warning that a more
members about the probability of conflict of interests on
drastic punishment will be imposed on him upon a repetition
respondent's part and guided them to look for alternative
of the same act.
actions to protect their own interests.
SO ORDERED.
In light of the irrefragable fact of respondent's misdemeanor,
a possible mitigation of his actionable conduct was that the Mendoza, Quisumbing, Austria-Martinez and Callejo, Sr., JJ.,
attorney's fees and the compromise agreement were concur.
negotiated and finalized under the most strenuous
circumstances where his leadership and that of his core
officers and directors were incessantly challenged by
complainants allegedly aided by factions within UST itself. He
might also have believed that the settlement achieved
immense benefits for his constituents which would not have
been otherwise obtained if he had chosen to relinquish the
rein of legal representation to some other lawyer. Finally, it
was not improbable for him to suppose though wrongly that
he could represent and in some manner serve the interests of
all of them, including his own, by pushing for and seeking the
approval of the agreements himself. 20
VELASCO, JR., J.: As to the Volvo, Atty. Salomon averred that during mediation,
Atty. Frial deliberately withheld information as to its
In his sworn complaint1 filed before the Integrated Bar of the whereabouts. As it turned out later, the Volvo was totally
Philippines (IBP) on December 22, 2006, complainant Atty. destroyed by fire, but the court was not immediately put on
Ricardo M. Salomon, Jr. charged respondent Atty. Joselito C. notice of this development.
Frial with violating his Lawyers Oath and/or gross misconduct
arising from his actuations with respect to two attached In his Answer,2 Atty. Frial admitted taking custody of the cars
vehicles. Complainant, owner of the vehicles in question, thru his own undertaking, without authority and knowledge of
asked that Atty. Frial be disbarred. the court. The subject vehicles, according to him, were first
parked near the YMCA building in front of the Manila City Hall
The instant complaint has its beginning in the case, Lucy Lo where they remained for four months. He said that when he
v. Ricardo Salomon et al., docketed as Civil Case No. 05- went to check on the vehicles condition sometime in
111825 before the Regional Trial Court in Manila, in which a December 2005, he found them to have been infested and
writ of preliminary attachment was issued in favor of Lucy Lo, the wirings underneath the hoods gnawed by rats. He denied
Atty. Frials client. The writ was used to attach two (2) cars of personally using or allowing others the use of the cars,
complainant-a black 1995 Volvo and a green 1993 Nissan stating in this regard that if indeed the Nissan Sentra was
Sentra. spotted on Anonas St., Quezon City on December 26, 2005, it
According to Atty. Salomon, the attaching sheriff of Manila, could have been the time when the car was being transferred
instead of depositing the attached cars in the court premises, from the YMCA. The February 18, 2006 and June 2006
turned them over to Atty. Frial, Los counsel. Atty. Salomon sightings, so Atty. Frial claimed, possibly occurred when the
claimed that on several occasions, the Nissan Sentra was Nissan Sentra was brought to the gas station to be filled up.
spotted being used by unauthorized individuals. For instance, He said that the car could not have plausibly been spotted in
on December 26, 2005, barangay captain Andrew Abundo Project 3 on December 13, 2006, parked as it was then in
saw the Nissan Sentra in front of a battery shop on Anonas front of Liquigans house for mechanical check-up.
St., Quezon City. On February 18, 2006, Architect Roberto S.
During the mandatory conference/hearing before the IBP As to the burnt Volvo, Atty. Frial admitted receiving it in
Commission on Bar Discipline, the parties agreed on the excellent condition and that there was no court order
following key issues to be resolved: (1) whether or not Atty. authorizing him to remove the car from the YMCA premises.
Frial used the cars for his personal benefit; and (2) whether Admitted too was the fact that he secured the release of the
or not Atty. Frial was guilty of infidelity in the custody of the Volvo on the strength alone of his own written undertaking; 3
attached properties. and that the car was almost totally destroyed by fire on
February 4, 2006 at 1:45 a.m. 4 while parked in his residence.
Thereafter and after the submission by the parties of their
He could not, however, explain the circumstances behind the
respective position papers, the Commission submitted a
destruction, but admitted not reporting the burning to the
Report dated October 9, 2007 which the IBP Board of
court or the sheriff. While the burning of the car happened
Governors forthwith adopted and then transmitted to this
before the mediation hearing, Atty. Frial, upon inquiry of Atty.
Court. In the Report, the following were deduced from the
Salomon, did not give information as to the whereabouts of
affidavits of Andrew Abundo, Roberto Perez, Robert Perez,
the cars.
and Dante Batingan: (1) at no time was Atty. Frial seen
driving the Sentra; (2) Abundo learned that at that time the The destruction of the Volvo in Atty. Frials residence was not
car was spotted at the battery shop, the unnamed driver an ordinary occurrence; it was an event that could have not
bought a new battery for the car which was not inappropriate easily escaped his attention. Accordingly, there is a strong
since a battery was for the preservation of the car; (3) Atty. reason to believe that Atty. Frial deliberately concealed the
Frial admitted that the Nissan Sentra was seen gassed up on destruction of said vehicle from the court during the hearings
February 18, 2006 and in June 2006 and there was no reason in Civil Case No. 05-111828, which were the opportune times
to gas up the Nissan Sentra on those times unless it was to reveal the condition of the Volvo car.
being used; (4) Roberto Perez said the Nissan Sentra was
On the basis of the foregoing premises, the Commission
used to buy goats meat; and (5) photos of the Nissan Sentra
concluded that Atty. Frial committed acts clearly bearing on
in different places obviously showed it was being used by
his integrity as a lawyer, adding that he failed to observe the
others.
diligence required of him as custodian of the cars. The
In the same Report, the Commission observed that while Commission thus recommended that Atty. Frial be suspended
there is perhaps no direct evidence tying up Atty. Frial with from the practice of law for one (1) year.
the use of the Nissan Sentra, the unyielding fact remains that
The findings and the recommendation of the Commission are
it was being used by other persons during the time he was
well-taken.
supposed to have custody of it. In addition, whoever drove
the Nissan Sentra on those occasions must have received the A writ of attachment issues to prevent the defendant from
car key from Atty. Frial. When Atty. Frial took custody of the disposing of the attached property, thus securing the
Nissan Sentra and Volvo cars, he was duty bound to keep and satisfaction of any judgment that may be recovered by the
preserve these in the same condition he received them so as plaintiff or any proper party.5 When the objects of the
to fetch a good price should the vehicles be auctioned. attachment are destroyed, then the attached properties
would necessarily be of no value and the attachment would this juncture, that the victorious parties in the case are not
be for naught. without legal recourse in recovering the Volvos value from
Atty. Frial should they desire to do so.
From the evidence adduced during the investigation, there is
no question that Atty. Frial is guilty of grave misconduct The Court, nevertheless, is not inclined to impose, as
arising from his violation of Canon 11 of the Canons of complainant urges, the ultimate penalty of disbarment. The
Professional Ethics that states: rule is that disbarment is meted out only in clear cases of
misconduct that seriously affect the standing and moral
11. Dealing with trust property
character of a lawyer as an officer of the court and member
The lawyer should refrain from any action whereby for of the bar.6 With the view we take of the case, there is no
his personal benefit or gain he abuses or takes compelling evidence tending to show that Atty. Frial intended
advantage of the confidence reposed in him by his to pervert the administration of justice for some dishonest
client. purpose.
Money of the client or collected for the client or other Disbarment, jurisprudence teaches, should not be decreed
trust property coming into the possession of the where any punishment less severe, such as reprimand,
lawyer should be reported and accounted for suspension, or fine, would accomplish the end desired. 7 This
promptly and should not under any circumstances be is as it should be considering the consequence of disbarment
commingled with his own or be used by him. on the economic life and honor of the erring person. In the
(Emphasis ours.) case of Atty. Frial, the Court finds that a years suspension
from the practice of his legal profession will provide him with
A lawyer is first and foremost an officer of the court. As such, enough time to ponder on and cleanse himself of his
he is expected to respect the courts order and processes. misconduct.
Atty. Frial miserably fell short of his duties as such officer. He
trifled with the writ of attachment the court issued. WHEREFORE, Atty. Joselito C. Frial is adjudged guilty of
grave misconduct and infidelity in the custody of properties
Very patently, Atty. Frial was remiss in his obligation of taking in custodia legis. He is hereby SUSPENDED from the
good care of the attached cars. He also allowed the use of practice of law for a period of one (1) year effective upon his
the Nissan Sentra car by persons who had no business using receipt of this Decision. Let notice of this Decision be entered
it. He did not inform the court or at least the sheriff of the in his personal record as an attorney with the Office of the
destruction of the Volvo car. What is worse is that he took Bar Confidant and notice of the same served on the IBP and
custody of them without so much as informing the court, let on the Office of the Court Administrator for circulation to all
alone securing, its authority. the courts concerned.
For his negligence and unauthorized possession of the cars, SO ORDERED.
we find Atty. Frial guilty of infidelity in the custody of the
attached cars and grave misconduct. We must mention, at Quisumbing, Chairperson, Carpio-Morales, Tinga, Brion, JJ.,
concur.
ALMANDAREZ JR. V. ATTY. LANGIT deposited rentals, which the trial court also granted on 16
March 2000.
A.C. No. 7057 July 25, 2006
Sometime in May 2003, complainant learned that respondent
was able to withdraw the rentals deposited by Bumanlag.
DAVID L. ALMENDAREZ, JR., complainant, Felicidad Daroy ("Daroy"), Officer-in-Charge Clerk of Court,
vs. confirmed this to complainant who received from Daroy
ATTY. MINERVO T. LANGIT, respondent. copies of the two withdrawal slips drawn from the trial court's
savings account. One slip dated 10 March 2000 was for
P28,000,3 and another slip dated 19 April 2000 was for
P227,000.4 Thus, respondent received a total of P255,000, as
CARPIO, J.:
evidenced by two receipts5 signed by him. The withdrawals
The Case were made through Daroy's authorized representative
Antonia Macaraeg, but Daroy personally delivered the money
On 5 May 2004, David L. Almendarez, Jr. ("complainant") filed to respondent. Respondent did not inform complainant of
this complaint-affidavit1 before the Integrated Bar of the these transactions.
Philippines (IBP), seeking the disbarment of Atty. Minervo T.
Langit ("respondent") for acts unbecoming a lawyer. Complainant, through his new counsel Atty. Miguel D. Larida,
sent respondent on 30 June 2003 a final demand letter for
The facts are undisputed: the accounting and return of the P255,000.6 Respondent
Complainant, as attorney-in-fact of his mother Pura Lioanag failed to reply.
Vda. de Almendarez, was the plaintiff in an ejectment case Hence, complainant filed this case for disbarment against
before the Municipal Trial Court of Dagupan City, Branch 2 respondent for failing to account for complainant's funds.
("trial court"). Respondent served as complainant's counsel. Complainant further accuses respondent of neglecting to
While the case was pending, defendant Roger Bumanlag pursue the implementation of the writ of execution issued in
("Bumanlag") deposited monthly rentals for the property in the ejectment case.
dispute to the Branch Clerk of Court.
On 12 May 2004, IBP Director for Bar Discipline Rogelio A.
On 3 February 1994, the trial court rendered a decision in the Vinluan ("IBP Director Vinluan") ordered respondent to submit
ejectment case based on a compromise agreement executed his Answer to the complaint. Respondent did not file an
by complainant and Bumanlag. On 18 December 1995, the answer despite receipt of the notice.7
trial court issued an alias writ of execution for the satisfaction
of the decision. A court order2 dated 2 March 2000 granted On 4 October 2004, IBP Investigating Commissioner Caesar
the Omnibus Motion for Execution and Withdrawal of R. Dulay ("IBP Commissioner Dulay") notified the parties to
Deposited Rentals filed by respondent as complainant's appear before him for a mandatory conference on 15
counsel. Respondent filed a second motion for withdrawal of November 2004, later reset to 17 January 2005. Only
complainant appeared at the conference, prompting IBP
Commissioner Dulay to order the conference terminated and CANON 16 A LAWYER SHALL HOLD IN TRUST ALL
to declare that respondent had waived his right to participate MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
in the proceedings. IBP Commissioner Dulay directed the COME INTO HIS POSSESSION.
parties to file their respective position papers. Complainant
Rule 16.01A lawyer shall account for all money or
submitted his position paper on 22 March 2005. Again,
property collected or received for or from the client.
respondent took no action.
Rule 16.03A lawyer shall deliver the funds and
Findings and Recommendation of the IBP
property to his client when due or upon demand.
On 8 June 2005, IBP Commissioner Dulay submitted his However, he shall have a lien over the funds and may
Report and Recommendation ("Report")8 with the finding that apply so much thereof as may be necessary to satisfy
respondent failed to account for money he held in trust for his lawful fees and disbursements, giving notice
complainant. The Report considered complainant's evidence promptly thereafter to his client. He shall also have a
"clear and convincing" enough to justify disciplinary action lien to the same extent on all judgments and
against respondent for violation of Rule 16.01 of the Code of executions he has secured for his client as provided for
Professional Responsibility. IBP Commissioner Dulay in the Rules of Court.
recommended that respondent be declared guilty of gross
Respondent should have immediately notified complainant of
misconduct and suspended for one year, aside from being
the trial court's approval of the motion to withdraw the
ordered to render an accounting of the money he had
deposited rentals. Upon release of the funds to him,
received.
respondent could have collected any lien which he had over
In a Resolution9 dated 17 December 2005, the IBP Board of them in connection with his legal services, provided he gave
Governors approved the Report, with the modification that prompt notice to complainant. A lawyer is not entitled to
the penalty of suspension be increased to two years. unilaterally appropriate his client's money for himself by the
mere fact that the client owes him attorney's fees.10 In this
The Court's Ruling
case, respondent did not even seek to prove the existence of
We sustain the findings of the IBP. any lien, or any other right that he had to retain the money.
Respondent committed a flagrant violation of his oath when Respondent's failure to turn over the money to complainant
he received the sum of money representing the monthly despite the latter's demands gives rise to the presumption
rentals intended for his client, without accounting for and that he had converted the money for his personal use and
returning such sum to its rightful owner. Respondent received benefit. This is a gross violation of general morality as well as
the money in his capacity as counsel for complainant. of professional ethics, impairing public confidence in the legal
Therefore, respondent held the money in trust for profession.11 More specifically, it renders respondent liable
complainant. The Code of Professional Responsibility ("Code") not only for violating the Code but also for contempt, as
states: stated in Section 25, Rule 138 of the Rules of Court:
SEC. 25. Unlawful retention of client's funds; contempt The relation of attorney and client is highly fiduciary,
When an attorney unjustly retains in his hands requiring utmost good faith, loyalty, and fidelity on the part
money of his client after it has been demanded he may of the attorney. Respondent miserably failed in this regard.
be punished for contempt as an officer of the Court Instead, he demonstrated a lack of integrity, care, and
who has misbehaved in his official transactions; but devotion required by the legal profession from its members.
proceedings under this section shall not be a bar to a Whenever a lawyer is no longer worthy of the trust and
criminal prosecution. confidence of the public, this Court has the right and duty to
withdraw his privilege as officer of the Court and member of
Additionally, respondent failed to observe Canon 17 12 of the
the Bar.15
Code, which obligates the lawyer to take up the cause of his
client with entire zeal and devotion. It seems that after WHEREFORE, we find Atty. Minervo T. Langit GUILTY of
respondent received the withdrawn deposits, he never violating Canons 1, 11, 16, and 17 of the Code of Professional
contacted complainant again. He did not pursue the Responsibility. We SUSPEND respondent from the practice of
implementation of the writ of execution issued in the law for two years effective upon finality of this Decision. We
ejectment case, to the prejudice of complainant. By his ORDER respondent to RESTITUTE, within 30 days from
inaction, respondent violated the trust and confidence finality of this Decision, complainant's P255,000, with interest
reposed in him. For in agreeing to be complainant's counsel, at 12% per annum from 30 June 2003 until fully paid. We
respondent undertook to take all steps necessary to DIRECT respondent to submit to the Court proof of payment
safeguard complainant's interest in the case. within 15 days from payment of the full amount. x x x SO
ORDERED.
The misconduct of respondent is aggravated by his
unjustified refusal to heed the orders of the IBP requiring him CHUA AND HSIA V. ATTY. MESINA JR.
to file an answer to the complaint-affidavit and, afterwards,
A.C. No. 4904 August 12, 2004
to appear at the mandatory conference. Although respondent
did not appear at the conference, the IBP gave him another
chance to defend himself through a position paper. Still,
respondent ignored this directive, exhibiting a blatant ANA A. CHUA and MARCELINA HSIA, complainants,
disrespect for authority. Indeed, he is justly charged with vs.
conduct unbecoming a lawyer, for a lawyer is expected to ATTY. SIMEON M. MESINA, JR., respondent.
uphold the law and promote respect for legal processes. 13
Further, a lawyer must observe and maintain respect not only
to the courts, but also to judicial officers and other duly DECISION
constituted authorities,14 including the IBP. Under Rule 139-B
of the Rules of Court, the Court has empowered the IBP to PER CURIAM:
conduct proceedings for the disbarment, suspension, or By a verified complaint 1 received by the Office of the Bar
discipline of attorneys. Confidant on May 5, 1998,2 Ana Alvaran Chua and Marcelina
Hsia administratively charged Atty. Simeon M. Mesina, Jr., for
breach of professional ethics, gross professional misconduct, Absolute Sale should be executed, antedated to 1979 before
and culpable malpractice. the effectivity of the law mandating the payment of capital
gains tax. As suggested by respondent, another Deed of
As related by complainants, the following facts gave rise to
Absolute Sale antedated February 9, 19794 was executed by
the filing of the complaint.
Mrs. Mesina, whose name again appears therein as
Respondent was, for years, Ana Alvaran Chua and her now "Felicisima M. Melencio," in favor of complainants wherein
deceased husband Chua Yap Ans legal counsel and adviser the purchase price was also indicated to be P85,400.00.
upon whom they reposed trust and confidence. They were in
After liquidating the advances made by the Chua spouses "in
fact lessees of a building situated at Burgos Street,
the redemption of the MESINA properties," Mrs. Mesina was
Cabanatuan City (Burgos property) owned by respondents
found to have "an existing balance" due the spouses in the
family, and another property containing an area of 854 sq.
amount of P400,000.00, on account of which they advised
m., situated at Melencio Street, Cabanatuan City (Melencio
respondent about it. Respondent, by Affidavit of February 18,
property), also owned by respondents family whereon they
1986, "acknowledged such obligation" to be his and
(spouses Chua) constructed their house. These two
undertook to settle it within two years.
properties were mortgaged by the registered owner,
respondents mother Felicisima Melencio vda. de Mesina Complainants were subsequently issued on January 21, 1986
(Mrs. Mesina), in favor of the Planters Development Bank to a title over the Melencio property.
secure a loan she obtained.
Not long after the execution of the February 9, 1979 Deed of
As Mrs. Mesina failed to meet her obligation to the bank, Absolute Sale or in February 1986, one Juanito Tecson
respondent convinced complainant Ana Chua and her (Tecson) filed an Affidavit5 dated February 20, 1986 before
husband to help Mrs. Mesina by way of settling her obligation the Cabanatuan City Prosecutors Office charging
in consideration for which the Melencio property would be respondents mother, the spouses Chua, Marcelina Hsia and
sold to them at P850.00/sq. m. the two witnesses to the said Deed of Absolute Sale, for
Falsification of Public Document and violation of the Internal
Accommodating respondents request, the spouses Chua and
Revenue Code. In his complaint affidavit, Tecson alleged that
their business partner, herein co-complainant Marcelina Hsia,
he was also a lessee of the Melencio property and was, along
settled Mrs. Mesinas bank obligation in the amount of
with the Chua spouses, supposed to purchase it but that
P983,125.40.
contrary to their agreement, the property was sold only to
A Deed of Absolute Sale dated January 19, 1985 3 conveying complainant and her co-complainant, to his exclusion. Tecson
the Melencio property for P85,400.00 was thereafter went on to relate that the February 9, 1979 Deed of Absolute
executed by Mrs. Mesina, whose name appears therein as Sale did not reflect the true value of the Melencio property
"Felicisima M. Melencio," in favor of complainants. and was antedated "to evade payment of capital gains tax."
As complainants were later apprised of the amount of capital Tecson submitted documents showing that indeed the July 9,
gains tax they were to pay, they consulted respondent about 1979 Deed of Absolute Sale was antedated.
it. Respondent thus suggested to them that another Deed of
Respondent thereupon hatched a plan to dodge the and Marcelina Hsia to be signed by Mrs. Felicisima
falsification charge against Mrs. Mesina et al. He proposed to Mesina, within four (4) months from date hereof so
complainants that they would simulate a deed of sale of the that the above-mentioned property and title maybe
Melencio property wherein complainants would resell it to transferred in the name of Ana Chua and Macelina
Mrs. Mesina. Hsia. (Underscoring supplied)
Heeding the proposal of respondent, complainants executed In the meantime, Mrs. Mesina died "in the early part of
a Deed of Absolute Sale dated April 1, 1986 6 conveying to 1991."
"Felicisima M. Melencio" the Melencio property for
Despite respondents repeated promises "to effect" the
P85,400.00.
transfer of title in complainants name, he failed to do so.
A new title was accordingly issued on April 4, 1986 in the Complainants were later informed that the Melencio property
name of "Felicisima M. Melencio," the owners copy of which was being offered for sale to the public.
was entrusted to complainants.
The spouses Chua and complainant Marcelina Hsia thus filed
Tecson subsequently filed before the Cabanatuan City on August 24, 1992 a Complaint 9 against respondent and his
Prosecutors Office an Affidavit of Desistance dated two siblings before the Regional Trial Court (RTC) of Nueva
September 5, 19867 alleging that his filing of the criminal Ecija in Cabanatuan City, for "Declaration of Nullity of Sale
complaint "arose out of mere misunderstanding and and Reconveyance of Real Property."
difference" with herein complainants and their co-
As of the time of the filing of the present administrative
respondents and he had no sufficient evidence against them.
complaint in 1998, the civil case against the Mesina siblings
Some years later or on May 2, 1990, respondent approached was still pending.
complainants and told them that he would borrow the
This Court, by Resolution of July 13, 1998, 10 directed
owners copy of Mrs. Mesinas title with the undertaking that
respondent to file Comment on the complaint within ten
he would, in four months, let Mrs. Mesina execute a deed of
days.
sale over the Melencio property in complainants favor. In
fact, respondent gave complainants a written undertaking 8 By Resolution of December 2, 1998,11 this Court, noting that
dated May 2, 1990 reading: the copy of the Resolution of July 13, 1998 requiring
respondent to comment on the complaint sent to him at his
Received the owners duplicate copy of TCT No. 4383
office address at S. M. Mesina Law Office, 30 Jupiter St.,
issued by the Register of Deeds, Cabanatuan City
Paseo de Roxas, Bel-Air Subd., Makati City was returned
registered in the name of Felicisima Mesina, widow,
unserved with the notation "Moved," considered the
consisting of about 854 square meters more or less
Resolution of July 13, 1998 served on respondent by
located at calle Melencio, Cabanatuan City from Mrs.
substituted service pursuant to Rule 13, Section 8 of the
Ana Chua and Marcelina Hsia.
1997 Rules of Civil Procedure. Respondent was accordingly
I promise to and undertake to have the Deed of Sale of deemed to have waived the filing of the required comment.
the above-mentioned property in favor of Ana Chua
By the same Resolution of December 2, 1998, the case was
61 Jr.
referred to the Integrated Bar of the Philippines (IBP) for
investigation, report and recommendation within ninety days.
2) Affidavit dated February 18, 198617 of respondent
The IBP, acting on the complaint, issued a notice of hearing acknowledging a debt of P400,000.00 to complainant Ana
on September 14, 2001,12 copy of which was sent to Alvaran Chua and promising to pay interest thereon within 2
respondent at his office address via registered mail, covered years to commence upon the signing thereof [February 16,
by Registry Receipt No. 2605 of the Meralco Post Office. 13 On 1998] and, in the event no partial or full payment of the
the scheduled date of hearing, complainants personally principal is made within 2 years, Ana Alvaran Chua "is under
appeared with their counsel. Respondent failed to show up. no obligation to pay any lease rentals over the lot situated in
Burgos Avenue, Cabanatuan City where the Oceanic
Given the length of time that the case remained pending Hardware Bldg. is erected;" 3) Deed of Absolute Sale dated
from its filing, the IBP Commission on Bar Discipline, by Order January 19, 198518 and 4) Deed of Absolute Sale dated July 9,
of October 12, 2001,14 directed complainants to just file their 1979,19 both executed by "Felicisima M. Melencio" in favor of
position paper with affidavits and supporting documents in complainant; 5) TCT No. T-4811420 issued by the Cabanatuan
lieu of actual presentation of witnesses and to serve a copy City in the name of complainants on January 21, 1986; 6)
thereof to respondent at his last known address. Affidavit of Juanito C. Tecson21 dated January 20, 1986
In compliance with the IBP Order, complainants filed on April charging complainants et al. for Falsification of Public
1, 2002 their position paper, 15 annexed to which were Documents; 7) Deed of Absolute Sale dated April 1, 1986
photocopies of: 1) a May 5, 1993 Certification 16 issued by the executed by complainants in favor of Mrs. Mesina; 22 and 8)
Metrobank Cabanatuan Branch certifying that "it issued the TCT No. T-48383issued on April 4, 1986 in the name of
demand drafts to the payees enumerated below, which were "Felicisima M. Melencio;" 23 and 9) Complaint of spouses Chua
debited from the account of Mr. Chua Yap An under Savings Yap An and Ana Alvaran Chua and Marcelina Hsia, for
Account No. 760: Declaration of Nullity of Deed of Sale and Reconveyance of
Real Property against respondent and his two siblings. 24
D/D Payee Amount Date of A copy of complainants position paper was sent on March
No. Issue 18, 2002 to respondent at his office address by registered
mail covered by Registry Receipt No. 5278. 25 There is no
2145 Planters Dev. Bank P 12-19-85 showing if respondent received this mail matter.
97 805,299.54
The IBP once more scheduled, by notice of December 13,
2002,26 a hearing of the administrative case to January 15,
2147 Planters Dev. Bank 100,000.00 01-14-86 2003, copy of which notice was sent to respondent at his
60 office address by registered mail covered by Registry Receipt
No. 2953 issued by the Meralco Post Office.27
2147 Atty. Simeon Mesina, 77,826.10 01-14-86";
On the scheduled hearing on January 15, 2003, the IBP defiance of the law;32 That respondent intended to, as he did
Investigating Commissioner, by Order of even date, 28 noted defraud not a private party but the government is
the presence of complainants, and the absence of aggravating.33
respondent, copy of the notice of hearing to whom was
Second, when respondent convinced complainants to execute
returned unserved with the notation "RTS-Moved." The case
another document, a simulated Deed of Absolute Sale
was thereupon deemed submitted for report and
wherein they made it appear that complainants reconveyed
recommendation.
the Melencio property to his mother, he committed
On June 21, 2003, the IBP passed Resolution No. XV-2003- dishonesty.34
34229 adopting and approving the report and
Third, when on May 2, 1990 respondent inveigled his own
recommendation of Atty. Rebecca Villanueva-Maala, the
clients, the Chua spouses, into turning over to him the
Investigating Commissioner of the case.
owners copy of his mothers title upon the misrepresentation
In her March 3, 2003 Report and Recommendation,30 that he would, in four months, have a deed of sale executed
Investigation Commissioner Maala observed as follows: by his mother in favor of complainants, he likewise
committed dishonesty.
A lawyer should not engage or participate on any
unlawful, dishonest, immoral or deceitful conduct. The That the signature of "Felicisima M. Melencio" in the 1985
moral character he displayed when he applied for document35 and that in the 1979 document 36 are markedly
admission at the Bar must be maintained incessantly. different is in fact is a badge of falsification of either the 1979
Otherwise, his privilege to practice the legal profession or the 1985 document or even both.
may be withdrawn from him (Rule 1.01, Code of
A propos is this Courts following pronouncement in Nakpil v.
Professional Responsibility). On the basis of the
Valdez37
uncontroverted facts and evidence presented,
respondent Atty. Simeon M. Mesina has committed As a rule, a lawyer is not barred from dealing with his
gross misconduct which shows him to be unfit for the client but the business transaction must be
office and unworthy of the privilege which his license characterized with utmost honesty and good faith. The
and law confer upon him, measure of good faith which an attorney is required to
exercise in his dealings with his client is a much higher
and recommended that respondent be suspended for a
standard that is required in business dealings where
period of One (1) Year.
the parties trade at "arms length." Business
This Court finds that indeed, respondent is guilty of gross transactions between an attorney and his client are
misconduct. disfavored and discouraged by the policy of the law.
Hence, courts carefully watch these transactions to
First, by advising complainants to execute another Deed of
assure that no advantage is taken by a lawyer over his
Absolute Sale antedated to 1979 to evade payment of capital
client. This rule is founded on public policy for, by
gains taxes, he violated his duty to promote respect for law
virtue of his office, an attorney is in an easy position to
and legal processes,31 and not to abet activities aimed at
take advantage of the credulity and ignorance of his CANON 15. A LAWYER SHALL OBSERVE CANDOR,
client. Thus, no presumption of innocence or FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
improbability of wrongdoing is considered in an TRANSACTIONS WITH HIS CLIENTS.
attorneys favor.38 (Underscoring supplied)
Rule 15.07. - A lawyer shall impress upon his client
Respondent having welched on his promise to cause the compliance with the laws and the principles of
reconveyance of the Melencio property to complainants, fairness.
consideration of whether he should be ordered to honor such
CANON 17. A LAWYER OWES FIDELITY TO THE CAUSE
promise should be taken up in the civil case filed for the
OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
purpose, the issue there being one of ownership while that in
TRUST AND CONFIDENCE REPOSED IN HIM.
the case at bar is moral fitness.39
WHEREFORE, respondent ATTY. SIMEON M. MESINA, JR. is,
In fine, respondent violated his oath of office and, more
for gross misconduct, hereby DISBARRED.
specifically, the following canons of the Code of Professional
Responsibility: Let copies of this Decision be furnished all courts, the
Integrated Bar of the Philippines, and the Office of the Bar
CANON 1. A LAWYER SHALL UPHOLD THE
Confidant.
CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. SO ORDERED.
Rule 1.01. - A lawyer shall not engage in unlawful, Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-
dishonest, immoral or deceitful conduct. Santiago, Carpio, Austria-Martinez, Corona, Carpio-Morales,
Callejo, Sr., Azcuna, Tinga, and Chico-Nazario, JJ., concur.
Rule 1.02. - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at lessening Sandoval-Gutierrez, J., on leave.
confidence in the legal system.
or a total amount of One Hundred Eighty Nine 04/13/20 7944 5,000.00 Partial payment for
Thousand Fom Hw1dred Ninety One Pesos & 64/100
04 judgment balance of P72,275.13 shall belong to respondent as and for
his additional 25o/o attorney's fees and reimbursement for all
expenses he incurred while handling the case. However, after
04/16/20 7954 10,000.0 Partial payment for
receiving the amount of P95,000.00 and deducting therefrom
04 0 judgment
the amounts of P20,000.007 attorney's fees, P17,000.00
earlier given to complainant, and P2,000.00 paid to the
0413012 7977 10,000.0 Partial payment for sheriff, what was left to respondent was only P56,000.00.
004 0 judgment Respondent whines that this amount is way below the
promised 25o/o attorney's fees and refund of expenses in the
total amount of P72,275.13.
Total Amount: P95,000. Respondent asserts that, in any event, complainant will still
00 be receiving a sum greater than what he expects to receive.
He avers that complainant is still entitled to receive from
Complainant also discovered that respondent misrepresented spouses Lopez the sum of P93,491.60. Adding the Pl 7,000.00
to spouses Lopez that he is authorized to receive payments respondent previously remitted to complainant, the latter will
on his behalf, when in truth and in fact he is not. get a total amount of P110,491.60. This amount, according to
Consequently, complainant made several verbal demands to respondent, exceeds the amount of P100,000.00 complainant
the respondent to remit to him the amount of P95,000.00, agreed to and expected to receive.
less his attorney's fees of P20,000.00. But respondent did not
budge. Thus, complainant lodged a complaint before the IBP's Report and Recommendation
Office of the Punong Barangay of Brgy. Felisa, Bacolod City.
On February 26, 2007,8 we referred this case to the
Respondent, however, ignored the summons to attend a
Integrated Bar of the Philippines (IBP) for investigation, report
conference before the barangay to resolve the issues.
and recommendation. On January 31, 2011, the Investigating
In his Comment,5 respondent admits that he received Commissioner issued his Report and Recommendation 9 with
P95,000.00 from spouses Lopez on installments, but denies the following recommendation:
that he was not authorized to accept it. He explains that
In view of the foregoing, it is respectfully recommended that
complainant agreed to pay him additional attorney's fees
the respondent be meted the penalty of two (2) years
equivalent to 25o/o of the total monetary award, on top of
suspension. Respondent is also ordered to return, in
the attorney's fees that may be awarded by the labor
restitution all the amounts in his possession which are due to
tribunal, and to refund all expenses respondent incurred
complainant, less his rightful attorney's fees.10 On October
relative to the case. Thus, from the total award of
28, 2011, the IBP Board of Governors adopted Resolution No.
P189,491.60, the sum of P17,226.57 representing
XX-2011-139,11 which approved the Report and
respondent's professional fees has to be deducted, leaving a
Recommendation of the Investigating Commissioner
balance of P172,275.13.6 Then from said amount,
suspending respondent from the practice of law for two
complainant proposed that he will get P100,000.00 and the
years, but with the modification that respondent should respondent simply ignored the same. Such failure and
restitute the sum of P85,500.0012 to the complainant. inordinate refusal on the part of the respondent to render an
accounting and return the money after demand raises the
Issue
presumption that he converted it to his own use. 14 His
The essential issue in this case is whether the respondent is unjustified withholding of the funds also warrants the
guilty of gross misconduct for his failure to promptly account imposition of disciplinary action against him.15
to his client the funds received in the course of his
Respondent justifies his action by asserting that complainant
professional engagement and return the same upon demand.
authorized him to receive payment. He implies that he is also
The Court's Ruling authorized to apply the sum of money he received from
spouses Lopez to his additional 25o/o attorney's fees and
"The Code of Professional Responsibility demands the utmost reimbursement for all expenses he incurred for the case, in
degree of fidelity and good faith in dealing with the moneys the total amount of P72,275.13. However, after deducting
entrusted to lawyers because of their fiduciary from the amount of P95,000.00 the amounts of P20,000.00,
relationship."13 Specifically, Rule 16.01 of the Code imposes P17,000.00, and P2,000.00, what was left to respondent, to
upon the lawyer the duty to "account for all money or his dismay was only P56,000.00.
property collected or received for or from the client." Rule
16.03 thereof, on the other hand, mandates that "[a] lawyer The Court is not impressed. As aptly observed by the
shall deliver the funds xx x of his client when due or upon Investigating Commissioner, other than his self-serving
demand." statements, there is nothing in the records which would
support respondent's claim that he was authorized to receive
In this case, respondent on nine separate occasions from the payments. Neither is there proof that complainant agreed
February 5, 2004 to April 30, 2004 received payments for to pay him additional 25% attorney's fees and reimburse him
attorney's fees and partial payments for monetary awards on for all expenses he allegedly incurred in connection with the
behalf of complainant from spouses Lopez. But despite the case. Respondent did not present any document, retainer's
number of times over close to three months he had been agreement, or itemized breakdown of the amount to be
receiving payment, respondent neither informed the reimbursed to support his claim.1wphi1 In any event, even
complainant of such fact nor rendered an accounting assuming that respondent was authorized to receive
thereon. It was only when an Alias Writ of Execution was payments, the same does not exempt him from his duty of
issued and being implemented when complainant discovered promptly informing his client of the amounts he received in
that spouses Lopez had already given respondent the total the course of his professional employment. "The fiduciary
amount of P95,000.00 as partial payment for the monetary nature of the relationship between counsel and client
awards granted to him by the labor tribunal. imposes on a lawyer the duty to account for the money or
property collected or received for or from the client. He is
To make matters worse, respondent withheld and refused to
obliged to render a prompt accounting of all the property and
deliver to the complainant said amount, which he merely
money he has collected for his client." 16 "The fact that a
received on behalf of his client, even after demand.
lawyer has a lien for his attorney's fees on the money in his
Complainant brought the matter before the barangay, but
hands collected for his client does not relieve him from the Let copies of this Resolution be furnished the Office of the Bar
obligation to make a prompt accounting." 17 Moreover, a Confidant and noted in Atty. Sanicas' record as a member of
lawyer has no right "to unilaterally appropriate his client's the Bar.
money for himself by the mere fact alone that the client owes
SO ORDERED.
him attorney's fees."18
The Penalty
On January 17, 1977, we referred the case to the Office of the The foregoing legal activities and operations of the
Solicitor General (OSG) for investigation, report, and respondent in addition to his having discussed, advised and
recommendation. gave solutions to complainants legal problems and liabilities
to her creditors and even requested her creditors for
It was only on March 13, 1990 or after 13 years, 1 month and
extension of time to pay complainants accounts constitute
26 days that the OSG filed a motion to refer the instant case
practice of law as legal counsel for consultation aside from
to the IBP for the retaking of the testimonies of complainants
representing complainant in other cases; a mute proof of a
witnesses and the submission of its report and
lawyer-client relations between them, a fact also admitted by
recommendation.
the respondent.
On April 4, 1990, we issued a Resolution referring the case to
It is incumbent upon the respondent to have rendered a
the IBP for investigation, report, and recommendation.
detailed report to the complainant on how he paid
The Report and Recommendation dated June 15, 2004 of Atty. complainants creditors without selling her properties.
Lydia A. Navarro, Commissioner of the IBP Commission on Bar Instead of selling to buyers at higher price, he paid them out
Discipline, is quoted as follows: of his own funds; then later on admitted that he was one of
the purchasers of complainants properties in utter disregard
"A careful examination and evaluation of the evidence of their agreement and no evidence was submitted by the
submitted by the parties showed that all the properties of the respondent concerning the value of the said sale of
complainant are presently owned by the respondent by virtue complainants properties.
of several deeds of sale executed by the complainant in favor
of the respondent without monetary consideration except Lot As such, respondent did not adhere faithfully and honestly in
849-D situated in Tomas Claudio which was returned by the his obligation and duty as complainants legal adviser and
respondent to the complainant on September 5, 1974. counsel when he took advantage of the trust and confidence
reposed in him by the complainant in ultimately putting
It is evident from the records that respondent was the one complainants properties in his name and possession in
who notarized the documents involving the said properties violation of Canon 17 of the Code of Professional
redeemed or repurchased by the complainant from her Responsibility.
creditors which ended up in respondents name like in the
deed of sale executed by Victoriano Dejerano in favor of WHEREFORE, in view of the foregoing, the undersigned
Nazaria Hernandez over Lots 1141-A-3-A and 1141-A-3-B; respectfully recommends that respondent Atty. Jose C. Go be
deed of sale executed by Antonio Masrahon on September 3, suspended from the practice of law for a period of six (6)
1961regarding Lot No. 1141-A; deed of absolute sale months from receipt hereof and the IBP Chapter where he is
executed by Francisco Esperat over the Curuan properties on a registered member be furnished a copy of the same for
November 9, 1971 and the cancellation of the mortgage implementation hereof, subject to the approval of the
Honorable Members of the Board of Governors."
On July 30, 2004, the IBP Board of Governors passed The records show that complainant reposed such high degree
Resolution No. XVI-2004-39 adopting and approving the of trust and confidence in herein respondent, that when she
Report of Commissioner Navarro with modification in the engaged his services, she entrusted to him her land titles and
sense that the recommended penalty of suspension from the allowed him to sell her lots, believing that the proceeds
practice of law was increased from six (6) months to three (3) thereof would be used to pay her creditors. Respondent,
years. however, abused her trust and confidence when he did not
sell her properties to others but to himself and spent his own
We sustain the Resolution of the IBP Board of Governors
money to pay her obligations. As correctly observed by
finding that respondent violated the Code of Professional
Investigating IBP Commissioner Lydia Navarro, respondent is
Responsibility.l^vvphi1.net However, we have to modify its
duty-bound to render a detailed report to the complainant on
recommended penalty.1a\^/phi1.net
how much he sold the latters lots and the amounts paid to
Canon 16 of the Code of Professional Responsibility, the her creditors. Obviously, had he sold the lots to other buyers,
principal source of ethical rules for lawyers in this jurisdiction, complainant could have earned more. Records show that she
provides: did not receive any amount from respondent. Clearly,
respondent did not adhere faithfully and honestly in his duty
"A lawyer shall hold in trust all moneys and as complainants counsel.
properties of his client that may come into his
possession." Undoubtedly, respondents conduct has made him unfit to
remain in the legal profession. He has definitely fallen below
Respondent breached this Canon. His acts of acquiring for the moral bar when he engaged in deceitful, dishonest,
himself complainants lots entrusted to him are, by any unlawful and grossly immoral acts. We have been exacting in
standard, acts constituting gross misconduct, a grievous our demand for integrity and good moral character of
wrong, a forbidden act, a dereliction in duty, willful in members of the Bar. They are expected at all times to uphold
character, and implies a wrongful intent and not mere error in the integrity and dignity of the legal profession 5 and refrain
judgment.3 Such conduct on the part of respondent degrades from any act or omission which might lessen the trust and
not only himself but also the name and honor of the legal confidence reposed by the public in the fidelity, honesty, and
profession. He violated this Courts mandate that lawyers integrity of the legal profession. 6 Membership in the legal
must at all times conduct themselves, especially in their profession is a privilege.7 And whenever it is made to appear
dealing with their clients and the public at large, with honesty that an attorney is no longer worthy of the trust and
and integrity in a manner beyond reproach. 4 confidence of his clients and the public, it becomes not only
the right but also the duty of this Court, which made him one
Canon 17 of the same Code states:
of its officers and gave him the privilege of ministering within
"A lawyer owes fidelity to the cause of his client its Bar, to withdraw the privilege. 8 Respondent, by his
and he shall be mindful of the trust and conduct, blemished not only his integrity as a member of the
confidence reposed in him." Bar, but also the legal profession.
Public interest requires that an attorney should exert his best fidelity, honesty, and integrity of the legal profession. Thus,
efforts and ability to protect the interests of his clients. A for violation of Canon 16 and Canon 17 of the Code of
lawyer who performs that duty with diligence and candor not Professional Responsibility, which constitutes gross
only protects his clients cause; he also serves the ends of misconduct, and consistent with the need to maintain the
justice and does honor to the bar and helps maintain the high standards of the Bar and thus preserve the faith of the
respect of the community to the legal profession. public in the legal profession, respondent deserves the
ultimate penalty, that of expulsion from the esteemed
It is a time-honored rule that good moral character is not only
brotherhood of lawyers.
a condition precedent to admission to the practice of law. Its
continued possession is also essential for remaining in the WHEREFORE, respondent JOSE S. GO is found guilty of gross
legal profession.9 misconduct and is DISBARRED from the practice of law. His
name is ordered STRICKEN from the Roll of Attorneys
Section 27, Rule 138 of the Revised Rules of Court mandates
EFFECTIVE IMMEDIATELY.
that a lawyer may be disbarred or suspended by this Court
for any of the following acts: (1) deceit; (2) malpractice; (3) Let copies of this Decision be furnished the Bar Confidant, the
gross misconduct in office; (4) grossly immoral conduct; Integrated Bar of the Philippines and all courts throughout
(5) conviction of a crime involving moral turpitude; (6) the country.
violation of the lawyers oath; (7) willful disobedience of any
SO ORDERED.
lawful order of a superior court; and (8) willfully appearing as
an attorney for a party without authority to do so. 10 Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-
Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez,
In Rayos-Ombac vs. Rayos ,11 we ordered the disbarment of
Corona, Carpio-Morales, Azcuna, Tinga, Chico-Nazario and
lawyer when he deceived his 85-year old aunt into entrusting
Garcia, JJ., concur.
him with all her money and later refused to return the same
despite demand. In Navarro vs. Meneses III ,12 we disbarred a Callejo, Sr., J., on official leave.
member of the Bar for his refusal or failure to account for the
P50,000.00 he received from a client to settle a case. In
Docena vs. Limson ,13 we expelled from the brotherhood of
lawyers, an attorney who extorted money from his client
through deceit and misrepresentation. In Busios vs.
Ricafort ,14 an attorney was stripped of his license to practice
law for misappropriating his clients money.
In 1992, the Tarogs sought the advice of Atty. Jaime L. The Tarogs further claimed that the Regional Trial Court,
Miralles regarding their bank-foreclosed property located in Branch 52, in Sorsogon (RTC), where their complaint for
the Bicol Region. Atty. Miralles advised them to engage a annulment of sale was being heard, had required the parties
Bicol-based attorney for that purpose. Thus, they went to see to file their memoranda. Accordingly, they delivered
Atty. Ricafort accompanied by Vidal Miralles, their friend who P15,000.00 to Atty. Ricafort for that purpose, but he did not
was a brother of Atty. Miralles. 1 They ultimately engaged Atty. file the memorandum.6
Ricafort as their attorney on account of his being well-known
When it became apparent to the Tarogs that Atty. Ricafort
in the community, and being also the Dean of the College of
would not make good his promise of returning the
Law of Aquinas University where their son was then studying.
P65,000.00, plus interest, Arnulfo demanded by his letter
Having willingly accepted the engagement, Atty. Ricafort dated December 3, 2002 that Atty. Ricafort return the
required the Tarogs to pay P7,000.00 as filing fee, which they P65,000.00, plus interest, and the P15,000.00 paid for the
gave to him.2 He explained the importance of depositing filing of the memorandum.7 Yet, they did not receive any
P65,000.00 in court to counter the P60,000.00 deposited by reply from Atty. Ricafort.
In his defense, Atty. Ricafort denied that the P65,000.00 was Atty. Ricafort in his testimony attempted to show that
intended to be deposited in court, insisting that the amount the amount of P65,000.00 was paid to him by the
was payment for his legal services under a "package deal," complainant as acceptance fee on a package deal
that is, the amount included his acceptance fee, attorneys basis and under said deal, he will answer the filing fee,
fee, and appearance fees from the filing of the complaint for attorneys fees and other expenses incurred up to the
annulment of sale until judgment, but excluding appeal. He time the judgment is rendered. He presented a
claimed that the fees were agreed upon after considering the transcript of stenographic notes wherein it was stated
value of the property, his skill and experience as a lawyer, that complainant himself did not consign the money in
the labor, time, and trouble involved, and his professional court. The respondent admitted in his testimony that
character and social standing; that at the time he delivered he did not have any retainer agreement nor any
the check, Arnulfo read, understood, and agreed to the memorandum signed or any receipt which would prove
contents of the complaint, which did not mention anything that the amount of P65,000.00 was received as an
about any consignation;8 and that Arnulfo, being a retired acceptance fee for the handling of the case.
school principal, was a learned person who would not have
Atty. Romulo Ricafort stated that there was no retainer
easily fallen for any scheme like the one they depicted
agreement and that he issued only receipt because the
against him.
late Arnulfo Tarog will not pay unless a receipt is
Findings of the IBP Commissioner issued.
Following his investigation, Commissioner Wilfredo E.J.E. The Undersigned Commissioner asked the respondent
Reyes of the Integrated Bar of the Philippines-Commission on "Basically you describe that thing that will happen in
Bar Discipline rendered his Report and Recommendation the litigation related to the payment of fees. But when
dated October 7, 2004,9 in which he concluded that: you received that P65,000.00 did you not put anything
there that you will describe the nature of legal work
It is respectfully recommended that respondent, Atty.
which you will undertake considering that you have
Romulo L. Ricafort be DISBARRED and be ordered to
considered this P65,000.00 as your attorneys fees?
return the amount of P65,000 and P15,000 which he
And Atty. Ricafort stated: Yes I did. I do not know why
got from his client.
they were not showing the receipt. That is a big
RESPECTFULLY SUBMITTED. amount, Your Honor. They demanded for me the
receipt of P30,000.00 how much more with that
Commissioner Reyes regarded the testimonies of Erlinda and P65,000.00. They demanded for the receipt of that
Vidal more credible than the testimony of Atty. Ricafort, P65,000.00 but I cannot explain the reason why
observing:
During the clarificatory questioning, the Undersigned
Based on the said testimony, statements and Commissioner also asked Atty. Ricafort why he did not
actuations of complainant Erlinda Tarog and his answer the demand letter sent by Arnulfo Tarog and
collaborating witness, we find their statements to be the proof of service of the said letter was presented by
credible. the complainant. Conveniently, Atty. Ricafort stated
that he did not receive the letter and it was received his case would be strengthened by making a deposit in
by their helper who did not forward the letter to him. court hence, the motivation to produce the deposit
He also adopted the position that the complainant was was logical and natural insofar as the complainant is
demanding the P65,000.00 wherefore this case was concerned. The testimony of the complainant in court
filed. When confronted by the testimony of Mr. Vidal that the bank needed P240,000.00 for the redemption
Miralles, the respondent Atty. Ricafort just denied the of the property will have no bearing on the actuation of
allegation that he received the P65,000.00 for deposit the complainant who has been required to deposit
to the court. He also denied that Mr. Miralles has P65,000.00 by his lawyer. The Undersigned
visited his residence for follow-up the reimbursement. Commission has no alternative but to believe in the
credibility and truthfulness of complainants narration
The Undersigned Commissioner asked the respondent
that of Mrs. Erlinda Tarog and Vidal Miralles. 10
if he has personal animosity with Arnuldo Tarog,
Erlinda Tarog and Vidal Miralles and if there are any Commissioner Reyes concluded that Atty. Ricafort violated
reason why this case was filed against him. In his Canon 15, and Rules 16.01, 16.02 and 16.03 of Canon 16 of
answer the respondent stated that we have been very the Code of Professional Responsibility by taking advantage
good friends for the past ten (10) years and he said of the vulnerability of his clients and by being dishonest in his
that in fact he was surprised when the complaint was dealings with them by refusing to return the amount of
filed against him and they even attached the decision P65,000.00 to them.
of the Supreme Court for his suspension and maybe
On November 4, 2004, the IBP Board of Governors adopted
they are using this case to be able to collect from him.
Resolution No. XVI-2004-473,11 resolving to return the matter
The main defense of the respondent is that the to Commissioner Reyes for a clarification of whether or not
complainant in this case testified that the total amount there was evidence to support the claim that the P65,000.00
to redeem his property is P240,000.00 and when asked had been in payment of attorneys fees and other expenses.
whether he consigned the money to the court to
On October 11, 2005, Commissioner Reyes issued a second
redeem the property he answered in the negative.
Report and Recommendation,12 in which he declared that
The alleged payment of P65,000.00 was made prior to Atty. Ricafort did not present any retainer agreement or
the said testimony sometime in 1992. Hence, it was receipt to prove that the amount of P65,000.00 had been
stated on complainants affidavit that on November 7, part of his attorneys fees; that Atty. Ricafort had willfully
1992, prior to filing said complaint I had given him the ignored the demand of Arnulfo by not replying to the demand
sum of Sixty Five Thousand Pesos to be deposited to letter; that, instead, Atty. Ricafort had insisted that the
the Regional Trial Court representing redemption househelp who had received the demand letter had not given
money of the Real Estate Mortgage. The amount of it to him; and that in his (Commissioner Reyes) presence,
P65,000.00 is very much close to the amount of the Atty. Ricafort had also promised to the complainant that he
principal obligation of the complainant and it is not would settle his liability, but Atty. Ricafort did not make good
surprising for a non-lawyer to hold on to the belief that his promise despite several resettings to allow him to settle
with the filing of the case for annulment of foreclosure his obligation.
Action of IBP Board of Governors Acting on Atty. Ricaforts motion for reconsideration, the IBP
Board of Governors downgraded the penalty from disbarment
Through Resolution No. XVII-2006-569,13 therefore, the IBP
to indefinite suspension,16 thus:
Board of Governors adopted and approved the Report and
Recommendation of Commissioner Reyes and recommended RESOLVED to ADOPT and APPROVE, as it is hereby
the disbarment of Atty. Ricafort and the order for him to ADOPTED and APPROVED the Recommendation of the
return the amounts of P65,000.00 and P15,000.00 to Erlinda, Board of Governors First Division of the above-entitled
viz: case, herein made part of this Resolution as Annex "A";
and, finding the recommendation fully supported by
RESOLVED to ADOPT and APPROVE, as it is hereby
the evidence on record and the applicable laws and
ADOPTED and APPROVED, the Report and
rules, the Motion for Reconsideration is hereby DENIED
Recommendation of the Investigating Commissioner of
with modification of Resolution No. XVII-2006-509 of
the above-entitled case herein made part of this
the Board of Governors dated 18 November 2006, that
Resolution as Annex "A" and, finding the
in lieu of the Disbarment of Atty. Romulo Ricafort, he is
recommendation fully supported by the evidence on
INDEFINITELY SUSPENDED from the practice of law and
record and the applicable laws and rules, and
Ordered to return the amount of P65,000 and P15,000
considering that Respondent has taken advantage of
to complainant.
his client [sic] vulnerability and has been dishonest
with his dealings to his client, Atty. Romulo L. Ricafort Atty. Ricafort filed a second motion for reconsideration, 17
is hereby DISBARRED and Ordered to Return the assailing the resolution of the IBP Board of Governors for
amount of P65,000 and P15,000 to complainant. violating Section 12, Rule 139-B of the Rules of Court
requiring the decision of the IBP Board of Governors to be in
Atty. Ricafort moved for reconsideration,14 maintaining that a
writing and to clearly and distinctly state the facts and
retainer agreement was immaterial because he had affirmed
reasons on which the decision was based.
having received the P65,000.00 and having issued a receipt
for the amount; that he had not kept the receipt because "the Hence, the administrative case is now before the Court for
practice of lawyers in most instances is that receipt is issued resolution.
without duplicate as it behooves upon the client to demand
Ruling
for a receipt;"15 that considering that the Tarogs had
produced a photocopy of the receipt he had issued for the We affirm the findings of the Commissioner Reyes, because
P30,000.00 in connection with their appeal, it followed that a they were supported by substantial evidence. However, we
similar receipt for attorneys fees had been made at the time impose the penalty of disbarment instead of the
when the case had been about to be filed in the RTC; that the recommended penalty of indefinite suspension, considering
testimonies of Erlinda and Vidal were inconsistent with that Atty. Ricafort committed a very serious offense that was
Arnulfos affidavit; and that he did not receive Arnulfos aggravated by his having been previously administratively
demand letter, which was received by one Gemma Agnote sanctioned for a similar offense on the occasion of which he
(the name printed on the registry receipt), whom he did not was warned against committing a similar offense.
at all know.
A.Version of the complainants was more credible than who had received the letter was unknown to him. 20
version of Atty. Ricafort Expectedly, Commissioner Reyes disregarded his denial,
because not only was the denial an apparently belated
Atty. Ricafort admitted receiving the P65,000.00 from the
afterthought, it was even contradicted by his earlier
Tarogs. Even so, we have two versions about the transaction.
admission of receipt. In any event, the fact that Gemma
On the one hand, the Tarogs insisted that the amount was to
Agnote was even the househelp whom Atty. Ricafort had
be consigned in court for purposes of their civil case; on the
adverted to becomes very plausible under the established
other hand, Atty. Ricafort claimed that the amount was for his
circumstances.
fees under a "package deal" arrangement.
Thirdly, Atty. Ricafort explained that he had no copies of the
Commissioner Reyes considered the Tarogs version more
receipts for the P65,000.00 and P15,000.00 issued to the
credible.
Tarogs because "the practice of lawyers in most instances is
We hold that Commissioner Reyes appreciation of the facts that receipt is issued without duplicate as it behooves upon
was correct and in accord with human experience. the client to demand for a receipt." 21 But such explanation
does not persuade us. Ethical and practical considerations
Firstly, it is easier to believe that Atty. Ricafort persuaded the made it both natural and imperative for him to issue receipts,
Tarogs on the need for that amount to be deposited in court even if not demanded, and to keep copies of the receipts for
for purposes of their civil case. Being non-lawyers, they had his own records. He was all too aware that he was
no idea about the requirement for them to consign any accountable for the moneys entrusted to him by the clients,
amount in court, due to the substantive and procedural and that his only means of ensuring accountability was by
implications of such requirement being ordinarily known only issuing and keeping receipts. Rule 16.01 of the Code of
to lawyers. Their ready and full reliance on Atty. Ricaforts Professional Responsibility expressly enjoins such
representations about the requirement to consign that accountability, viz:
amount in court was entirely understandable in view of their
awareness of Atty. Ricaforts standing in the legal community Rule 16.01 - A lawyer shall account for all money or
of the place. Besides, as Commissioner Reyes observed, it property collected or received for or from the client.
was not far-fetched for the Tarogs to believe that an amount
Definitely, Atty. Ricafort had a highly fiduciary and
close in value to their original obligation was necessary to be
confidential relation with the Tarogs. As such, he was
deposited in court to boost their chances of recovering their
burdened with the legal duty to promptly account for all the
property.
funds received from or held by him for them.22
Secondly, Atty. Ricaforts denial of receipt of Arnulfos
And, fourthly, to buttress his denial that the P65,000.00 was
demand letter was incredible. He already initially admitted
not intended for deposit in court, Atty. Ricafort insisted that
receiving the letter through a househelp.18 His denial came
Arnulfo did not object to the omission from the complaint in
only subsequently and for the first time through his motion
the civil action of any mention of consignation. However, the
for reconsideration dated December 30, 2006, 19 in which he
complaint that he himself had written and filed for the Tarogs
completely turned about to declare that the Gemma Agnote
contradicted his insistence, specifically in its paragraph 16,
which averred the plaintiffs (i.e., Tarogs) readiness and Witness: Opo.
willingness to deposit the amount of P69,345.00 (inclusive of
Comm. Reyes: Alam niyo ba kung ano ang nangyari
the redemption price and interest) in court, thus:
doon sa tseke na idiniposit?
16. And to show willingness and sincerity of the
Witness: Noong una sinabi niya sa amin na ididiposit
plaintiffs, they are ready and willing to deposit the
niya sa court.
amount of P69,345.00 as redemption price plus
reasonable accrued , if there are any; 23 Comm. Reyes: Nalaman niyo ba na hindi naman pala
idiniposit sa court?
Nor could the Tarogs have conjured or invented the need for
consignation. The consignation was a notion that could have Witness: Opo.
emanated only from him as their lawyer. In fact, Erlinda
recalled while testifying before the IBP Commission on Bar Comm. Reyes: Kailan niyo nalaman?
Discipline that they had brought to their meeting with Atty.
Witness: Nagsabi siya tapos sinabi pa niya na yong
Ricafort only P60,000.00 for the consignation, but that Atty.
interest sa bank ay ibinigay niya sa amin ang sabi
Ricafort had to instruct them to raise the amount. The
naming salamat.24
excerpt of her pertinent testimony follows:
B.Atty. Ricaforts acts and actuations constituted
Comm. Reyes: Madam Witness, in this affidavit you
serious breach of his fiduciary duties as an attorney
stated that your late husband and Mr. Vidal Miralles
went to the office of Atty. Ricafort to advise the latter The Code of Professional Responsibility demands the utmost
that we already had the sum of P65,000.00 in the form degree of fidelity and good faith in dealing with the moneys
of check, how did you come to know this fact? entrusted to lawyers because of their fiduciary relationship. 25
In particular, Rule 16.01 of the Code of Professional
Witness: Paano po ba sabi nya na magdeposit ng
Responsibility states:
P65,000.00 tapos may P60,000.00 kami sabi niya
dagdagan niyo ng konti. Rule 16.01 - A lawyer shall account for all money or
property collected or received for or from the client.
Comm. Reyes: Kinausap ba niya kayo?
Undoubtedly, Atty. Ricafort was required to hold in trust any
Witness: Nandoon po ako.
money and property of his clients that came into his
Comm. Reyes: Where you present when the check was possession,26 and he needed to be always mindful of the trust
given? and confidence his clients reposed in him. 27 Thus, having
obtained the funds from the Tarogs in the course of his
Witness: Yes. professional employment, he had the obligation to deliver
such funds to his clients (a) when they became due, or (b)
Comm. Reyes: So, alam niyo, nakita niyo na binigay
upon demand.28
yong P65,000.00 na tseke?
Furthermore, Rule 16.02 of the Code of Professional Without hesitation, therefore, we consider Atty. Ricaforts acts
Responsibility, imposes on an attorney the positive obligation and conduct as gross misconduct, a serious charge under
to keep all funds of his client separate and apart from his own Rule 140 of the Rules of Court, to wit:
and from those of others kept by him, to wit:
Section 8. Serious charges. Serious charges include:
Rule 16.02 - A lawyer shall keep the funds of each
xxx
client separate and apart from his own and those of
others kept by him. 3. Gross misconduct constituting violations of the Code
of Judicial Conduct;
Atty. Ricaforts act of obtaining P65,000.00 and P15,000.00
from the Tarogs under the respective pretexts that the xxx
amount would be deposited in court and that he would
prepare and file the memorandum for the Tarogs erected a That this offense was not the first charged and decided
responsibility to account for and to use the amounts in against Atty. Ricafort aggravated his liability. In Nuez v.
accordance with the particular purposes intended. For him to Ricafort,35 decided in 2002, the Court found him to have
deposit the amount of P65,000.00 in his personal account violated Rules 1.0136 of Canon 1 and Rule 12.03 37 and Rule
without the consent of the Tarogs and not return it upon 12.0438 of Canon 12 of the Code of Professional Responsibility
demand, and for him to fail to file the memorandum and yet in relation to his failure to turn over the proceeds of the sale
not return the amount of P15,000.00 upon demand of realty to the complainant (who had authorized him to sell
constituted a serious breach of his fiduciary duties as their the realty in her behalf). His failure to turn over the proceeds
attorney. He reneged on his duty to render an accounting to compelled the complainant to commence in the RTC a civil
his clients showing that he had spent the amounts for the action to recover the proceeds against him and his wife. The
particular purposes intended.29 He was thereby presumed to Court meted on him the penalty of indefinite suspension, and
have misappropriated the moneys for his own use to the warned him against the commission of similar acts, stating:
prejudice of his clients and in violation of the clients trust
We concur with the findings of the Investigating
reposed in him.30 He could not escape liability, for upon
Commissioner, as adopted and approved by the Board
failing to use the moneys for the purposes intended, he
of Governors of the IBP, that respondent Atty. Romulo
should have immediately returned the moneys to his
Ricafort is guilty of grave misconduct in his dealings
clients.31
with complainant. Indeed, the record shows
Atty. Ricaforts plain abuse of the confidence reposed in him respondents grave misconduct and notorious
by his clients rendered him liable for violation of Canon 16, 32 dishonesty.
particularly Rule 16.01, supra, and Canon 17, 33 all of the Code
There is no need to stretch ones imagination to arrive
of Professional Responsibility. His acts and actuations
at an inevitable conclusion that respondent gravely
constituted a gross violation of general morality and of
abused the confidence that complainant reposed in
professional ethics that impaired public confidence in the
him and committed dishonesty when he did not turn
legal profession and deserved punishment. 34
over the proceeds of the sale of her property. Worse,
with palpable bad faith, he compelled the complainant March 1996 which could not be encashed before their
to go to court for the recovery of the proceeds of the maturity dates.
sale and, in the process, to spend money, time and
By violating Rule 1.01 of Canon 1 of the Code of
energy therefor. Then, despite his deliberate failure to
Professional Responsibility, respondent diminished
answer the complaint resulting in his having been
public confidence in the law and the lawyers (Busios
declared in default, he appealed from the judgment to
v. Ricafort, 283 SCRA 407 [1997]; Ducat v. Villalon,337
the Court of Appeals. Again, bad faith attended such a
SCRA 622 [2000]). Instead of promoting such
step because he did not pay the docket fee despite
confidence and respect, he miserably failed to live up
notice. Needless to state, respondent wanted to
to the standards of the legal profession (Gonato v.
prolong the travails and agony of the complainant and
Adaza, 328 SCRA 694 [2000]; Ducat v. Villalon, supra).
to enjoy the fruits of what rightfully belongs to the
latter. Unsatisfied with what he had already unjustly Respondents act of issuing bad checks in satisfaction
and unlawfully done to complainant, respondent issued of the alias writ of execution for money judgment
checks to satisfy the alias writ of execution. But, rendered by the trial court was a clear attempt to
remaining unrepentant of what he had done and in defeat the ends of justice. His failure to make good the
continued pursuit of a clearly malicious plan not to pay checks despite demands and the criminal cases for
complainant of what had been validly and lawfully violation of B.P. Blg. 22 showed his continued defiance
adjudged by the court against him, respondent closed of judicial processes, which he, as an officer of the
the account against which the checks were drawn. court, was under continuing duty to uphold. 39
There was deceit in this. Respondent never had the
intention of paying his obligation as proved by the fact Bearing in mind his administrative record, and considering
that despite the criminal cases for violation of B.P. Blg. that the penalty for violation of Canon 16 ranges from
22, he did not pay the obligation. suspension for six months,40 to suspension for one year, 41 to
suspension for two years,42 depending on the amount
All the foregoing constituted grave and gross involved and the severity of the lawyers misconduct, we rule
misconduct in blatant violation of Rule 1.01 of Canon 1 that disbarment is the commensurate punishment for Atty.
of the Code of Professional Responsibility which Ricafort, who has shown no reformation in his handling of
provides: trust funds for his clients.
A lawyer shall not engage in unlawful, dishonest WHEREFORE, we find and declare Atty. Romulo L. Ricafort
and immoral or deceitful conduct. guilty of a violation of Canon 16, Rule 16.01 and Canon 17 of
the Code of Professional Responsibility and, accordingly,
Respondents claim of good faith in closing his account
disbar him. The Bar Confidant is directed to strike out his
because he thought complainant has already encashed
name from the Roll of Attorneys.
all checks is preposterous. The account was closed on
or before 26 February 1996. He knew that there were Atty. Ricafort is ordered to return to Erlinda R. Tarog the sums
still other checks due on 29 February 1996 and 15 of P65,000.00 and P15,000.00, plus interest of six percent
per annum reckoned from the demand made on December 3,
2002, within twenty days from notice.
SO ORDERED.
Rule 16.03 DELIVERY OF FUNDS; LAWYERS LIEN In the resolution of 18 January 1995, we required respondent
to comment on the complaint. Despite his receipt of a copy of
A lawyer shall deliver the funds and property of his client the resolution, respondent did not comply, compelling us in
when due or upon demand. However, he shall have a lien the resolution of 17 July 1995 to require him to show cause
over the funds and may apply so much thereof as may be why he should not be disciplinarily dealt with or held in
necessary to satisfy his lawful fees and disbursements, giving contempt for such failure.
notice promptly thereafter to his client. He shall also have a
lien to the same extent on all judgments and executions he Again respondent failed to comply. Hence in the resolution of
has secured for his client as provided for in the Rules of 25 September 1996, we ordered him once more to file his
Court. comment within ten (10) days from notice, and within the
same period, to pay a fine of P1,000.00 or suffer
imprisonment of ten (10) days should he fail to so pay. In a
Compliance and Motion dated 24 October 1996, respondent
BUSIOS V. RICAFORT
transmitted the fine of P1,000.00 by way of postal money
A.C. No. 4349 December 22, 1997 order, but asked for five (5) days from date to file his
comment. As respondent still failed to so file, we then
LOURDES R. BUSIOS, complainant, declared, in the resolution of 2 December 1996, that
vs. respondent was deemed to have waived his right to file his
ATTY. FRANCISCO RICAFORT, respondent. comment, and referred the complaint to the Office of the Bar
Confidant for reception of complainant's evidence and
submission of a report and recommendation thereon.
RESOLUTION
On 16 October 1997, the Bar Confidant, Atty. Erlinda C.
PER CURIAM: Verzosa, submitted her Report and Recommendation,
material portions of which read as follows:
In a sworn complaint for disbarment dated 31 October 1994
but received by us on 21 November 1994, complainant Respondent Atty. Francisco Ricafort stands charged
Lourdes R. Busios charged respondent Atty. Francisco with having misappropriated the sum of P30,000.00
Ricafort, a practicing lawyer in Oas, Albay with having intended for his clients as well as having deceived his
committed the crime of estafa under Article 315(1) (b) of the clients into giving him the sum of P2,000.00
Revised Penal Code by misappropriating the sum of purportedly to be deposited as a bond in the case he
P32,000.00. Of this amount, P30,000.00 was entrusted to was handling.
respondent for deposit in the bank account of complainant's
husband, while P2,000.00 represented the amount Complainant Lourdes R. Businos is one of the heirs of
respondent demanded from complainant supposedly for a Pedro Rodrigo who are the defendants in Civil Case No.
bond in Civil Case No. 5814, when no such bond was 1584, apparently a case involving the properties of the
required. late Pedro Rodrigo, father of herein complainant.
Respondent was the counsel of record for the
defendants in the said case. On July 10, 1994, In a letter dated August 10, 1994, the Clerk of Court of
complainant, representing her co-heirs, executed a RTC, Ligao informed herein complainant that
special power of attorney, appointing and constituting respondent had already received the rental deposit of
respondent and/or Pedro Rodrigo, Jr. to be her true and P25,000.00 on even date (see Annex "C" to the
lawful attorney-in-fact with the following powers: complaint). Respondent also received from Oas
Standard High School on August 17, 1994 the sum of
1. To attend to and represent me, testify, or
P5,000.00 as payment for rental of school site for the
otherwise enter into compromise during the pre-
month of July 1994 (See Annex "D" to the complaint).
trial stage or other proceedings in Civil Case No.
The said sum was entrusted to respondent with an
1584, entitled "Heirs of Rosario Rodrigo-
obligation on his part to deposit the same in the
Reantaso, vs. Heirs of Pedro Rodrigo Sr., et. al."
account of complainant's husband at PNB, Ligao
now pending before the Regional Trial Court,
Branch. Instead, however, of depositing the money,
Branch 12, Ligao, Albay;
respondent converted the money to his own personal
2. To demand, collect and receipt for any and all use, and despite several demands, he failed to return
sums of money that may now be deposited in the same to complainant. She was thus constrained to
said court by the defendant Oas Standard High file a criminal case for estafa and an administrative
School or hereafter be deposited by said case for disbarment against him. Thus, on November
defendant, due and owing to me or said Heirs of 21, 1994, complainant filed the instant administrative
Pedro Rodrigo, Sr., representing the rentals of case against respondent.
said defendant for the lease of the property
Complainant further accuses respondent for
involved in said case; and
demanding and receiving P2,000.00 from her which he
3. To sign, authenticate, issue and deliver any said will be used for the bond in Civil Case No. 1584,
and all deeds, instruments, papers and other but said amount was never used as intended since no
records necessary and pertinent to the above bond was required in the said case. Thus, respondent
stated transactions. merely pocketed the said amount.
On August 10, 1994, the Regional Trial Court of Ligao, xxx xxx xxx
Albay, Br. 12 issued an order, directing the Clerk of
Complainant, upon questioning by the undersigned,
Court "to release any and all deposits of rentals made
testified that: She authorized respondent to withdraw
in connection with this case (Civil Case No. 1584) to
the money amounting P35,000.00 representing the
the defendants Heirs of Pedro Rodrigo through Lourdes
rental fee paid of Oas Standard High School from the
Rodrigo Businos who were receiving the rentals from
Clerk of Court, with the instruction to deposit the same
Oas Standard High School prior to the institution of this
in her savings account at the PNB. After she was
case."
informed by the court that respondent had already
withdrawn the money, she expected in vain to receive
the money a week later in Tarlac as respondent failed
to effect the deposit of the said sum in her account. Although complainant failed to submit the original or
She demanded from him to give her the money, but he certified true copies of the documents in support of her
informed her that he had already spent the same. He complaint against respondent, respondent's repeated
promised, though, to pay her the said amount. (pp. 7- failure to comply with several resolutions of the Court
8, TSN, Reception of Evidence, April 18, 1997). She requiring him to comment on the complaint lends
clarified that respondent withdrew only the sum of credence to the allegations of the complainant. It
P30,000.00 from the Clerk of Court, while the manifests his tacit admission thereto. We have no
P5,000.00 was withdrawn by respondent from Oas other alternative, therefore, but to accept the said
Standard High School (TSN, p. 8). Despite several documents at their [sic] face value.
demands, both from her and her lawyer, respondent
There is no doubt that respondent is guilty of having
failed to make good his promise to give her the money
used the money of his clients without their consent. As
he withdrew from the Clerk of Court and Oas Standard
the evidentiary value of the documents should be
High School (TSN, pp. 11-13). She was then
given more weight than the oral testimony of
constrained to file a criminal case for estafa and an
complainant, we place the amount illegally used by
administrative case against respondent sometime in
respondent at P30,000.00 and not P35,000.00 as
November of 1994 to recover the money in question
claimed by complainant. Respondent's illegal use of his
(TSN, pp. 14-16). On their third hearing of the estafa
client's money is made more manifest [by] his letters
case sometime in 1995, respondent came with the
to complainant, all promising the latter to make good
money and paid complainant inside the courtroom
his promise to pay the money he withdrew from the
(TSN, pp. 15, 19-20). Because of this development, she
Clerk of Court and Oas Standard High School (See
did not anymore pursue the estafa case against
Annex "E" to the complaint).
respondent (TSN, p. 17). She has no intention,
however, of withdrawing the instant complaint (TSN, p. It bears emphasis that a lawyer, under his oath,
18). pledges himself not to delay any man for money or
malice and is bound to conduct himself with all good
She further testified that respondent demanded from
fidelity to his clients. He is obligated to report promptly
her the sum of P2,000.00 for the bond required in the
the money of his clients that has come into his
civil case. (TSN, p. 18). Respondent did not give her a
possession. He should not commingle it with his
receipt for the said amount. (TSN, p. 19). Respondent
private property or use it for his personal purposes
gave back the P2,000.00 to complainant. He paid
without his client's [sic] consent. He should maintain a
complainant a total of P60,000.00 representing the
reputation for honesty and fidelity to private trust
money he withdrew from the Clerk of Court and Oas
(Daroy vs. Legaspi, 65 SCRA 304).
Standard High School, the P2,000.00 he got from
complainant and attorney's fees, which he undertook Money collected by a lawyer in pursuance of a
to foot as a way of settlement. (TSN, p. 19). judgment in favor of his clients is held in trust and
must be immediately turned over to them (Aya vs.
Bigornia, 57 Phil. 8).
Respondent, by converting the money of his clients to and 16.03 of Canon 16 of the Code of Professional
his own personal use without their consent, and by Responsibility, which read:
deceiving the complainant into giving him the amount
Sec. 25. Unlawful retention of client's funds; contempt.
of P2,000.00 purportedly to be used as a bond which
When an attorney unjustly retains in his hands
was not required is, undoubtedly, guilty of deceit,
money of his client after it has been demanded he may
malpractice and gross misconduct. By so doing, he
be punished for contempt as an officer of the Court
betrays the confidence reposed in him by his clients.
who has misbehaved in his official transactions; but
Not only has he degraded himself but as an unfaithful
proceedings under this section shall not be a bar to a
lawyer he has besmirched the fair name of an
criminal prosecution.
honorable profession.
CANON 1 A LAWYER SHALL UPHOLD THE
His belated payment of the amount he illegally used
CONSTITUTION, OBEY THE LAWS OF THE LAND AND
and fraudulently obtained do not relieve him from any
PROMOTE RESPECT FOR LAW AND LEGAL PROCESS.
liability if only to impress upon him that the relation
between an attorney and his client is highly fiduciary Rule 1.01. A lawyer shall not engage in
in its nature and of a very delicate, exacting and unlawful, dishonest, immoral or deceitful
confidential character, requiring high degree of fidelity conduct.
and good faith. In view of that special relationship,
lawyers are bound to promptly account for money or CANON 16 A LAWYER SHALL HOLD IN TRUST ALL
property received by them on behalf of their clients MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
and failure to do so constitutes professional COME INTO HIS POSSESSION.
misconduct (Daroy vs. Legaspi, supra).
Rule 16.01. A lawyer shall account for all
Moreover, his repeated failure to comply with the money or property collected or received for or
resolutions of the Court, requiring him to comment on from the client.
the complaint indicate the high degree of
Rule 16.02. A lawyer shall keep the funds of
irresponsibility of respondent.
each client separate and apart from his own and
PREMISES CONSIDERED, it is respectfully those of others kept by him.
recommended that respondent Atty. Francisco Ricafort
Rule 16.03. A lawyer shall deliver the funds
be SUSPENDED from the practice of law for a period of
and property of his client when due or upon
ONE (1) YEAR.
demand. However, he shall have a lien over the
While the findings are in order, the penalty recommended is funds and may apply so much thereof as may be
not commensurate to respondent's infractions. necessary to satisfy his unlawful fees and
disbursements, giving notice promptly
Plainly, respondent breached Section 25 of Rule 138 of the thereafter to his client. He shall also have a lien
Rules of Court, Rule 1.01 of Canon 1 and Rules 16.01, 16.02 to the same extent on all judgments and
executions he has secured for his client as Any departure from the path which a lawyer must follow as
provided for in the Rules of Court. demanded by the virtues of his profession shall not be
tolerated by this Court as the disciplining authority. This is
Respondent's transgressions manifested dishonesty and
specially so, as here, where respondent even deliberately
amounted to grave misconduct and grossly unethical
defied the lawful orders of the Court for him to file his
behavior which caused dishonor, not merely to respondent,
comment on the complaint, thereby transgressing Canon 11
but to the noble profession to which he belongs, for it cannot
of the Code of Professional Responsibility which requires a
be denied that the respect of litigants for the profession is
lawyer to observe and maintain the respect due the courts.
inexorably diminished whenever a member of the Bar betrays
their trust and confidence. WHEREFORE, for dishonesty, grave misconduct, grossly
unethical behavior in palpable disregard of Section 25 of Rule
This Court has been nothing short of exacting in its demand
138 of the Rules of Court, Rule 1.01 of Canon 1 and Rules
for integrity and good moral character from members of the
16.01, 16.02 and 16.03 of Canon 16 of the Code of
Bar. In Marcelo v. Javier (A.C. No. 3248, 18 September 1992,
Professional Responsibility, aggravated by a violation of
214 SCRA 1, 12-13), reiterated in Fernandez v. Grecia, (A.C.
Canon 11 thereof, and consistent with the urgent need to
No. 3694, 17 June 1993, 223 SCRA 425, 434), this Court
maintain the esteemed traditions and high standards of the
declared:
legal profession and to preserve undiminished public faith in
A lawyer shall at all times uphold the integrity and the members of the Philippine Bar, the Court Resolves to
dignity of the legal profession. The trust and DISBAR respondent ATTY. FRANCISCO RICAFORT from the
confidence necessarily reposed by clients require in practice of law. His name is hereby stricken from the Roll of
the attorney a high standard and appreciation of his Attorneys.
duty to his client, his profession, the courts and the
This resolution shall take effect immediately and copies
public. The bar should maintain a high standard of
thereof furnished the Office of the Bar Confidant, to be
legal proficiency as well as of honesty and fair dealing.
appended to respondent's personal record; the National
Generally speaking, a lawyer can do honor to the legal
Office and the Albay Chapter of the Integrated Bar of the
profession by faithfully performing his duties to
Philippines; the Philippine Judges Association; and all courts
society, to the bar, to the courts and to his clients. To
of the land for their information and guidance.
this end, nothing should be done by any member of
the legal fraternity which might tend to lessen in any SO ORDERED.
degree the confidence of the public in the fidelity,
Narvasa, C.J., Regalado, Davide Jr., Romero, Bellosillo, Melo,
honesty and integrity of the profession.
Puno, Vitug, Kapunan, Mendoza, Francisco, Panganiban and
Here, respondent chose to forget that by swearing the Martinez, JJ., concur.
lawyer's oath, he became a guardian of truth and the rule of
law, and an indispensable instrument in the fair an impartial
administration of justice a vital function of democracy a
failure of which is disastrous to society.
QUILBAN V. ROBINOL
RESOLUTION
PER CURIAM:
Sometime in 1970, the Colegio, through Father Escaler gave To prosecute the appeal before the Court of Appeals, the
permission to Congressman Luis R. Taruc to build on the Samahan members hired as their counsel Atty. Santiago R.
reserved site a house for his residence and a training center Robinol for which the latter was paid P 2,000.00 as attorney's
for the Christian Social Movement. Seeing the crowded fees on 8 October 1975 (Exhibit "I"). Atty. Robinol was also to
shanties of squatters, Congressman Taruc broached to Father be given by the members a part of the land, subject matter
Escaler the Idea of donating or selling the land cheap to the of the case, equal to the portion that would pertain to each of
squatters. Congressman Taruc then advised the squatters to them. What was initially a verbal commitment on the land
form an organization and choose a leader authorized to sharing was confirmed in writing on 10 March 1979 (Exhibit
negotiate with Father Escaler. Following that advice, the "2").
squatters formed the "Samahang Pagkakaisa ng Barrio
On 14 November 1978, the Court of Appeals reversed the CFI
Bathala" (Samahan, for brevity), with Bernabe Martin as
Decision by:
President (Exhibit "24", Robinol), who was entrusted with the
task of negotiating on their behalf for the sale of the land to (1) ordering defendant Maximo Rivera and all his co-
them. defendants to execute a deed of conveyance of the
land in question in favor of herein plaintiffs after the
But instead of working for the welfare of the Samahan, Martin
payment of the corresponding amount paid by the
went to one Maximo Rivera, a realtor, with whom he
defendants to the Colegio de San Jose, Inc., and in
connived to obtain the sale to the exclusion of the other
case of refusal or failure on their part to do so,
Samahan members. On 28 March 1971, the land was
ordering the Clerk of Court to execute the same in
ultimately sold to Rivera at P 15 per square meter or a total
favor of plaintiffs and declaring TCT No. 175662 (Annex
consideration of P 41,961.65. The prevailing price of the land
E) null and void and ordering the Register of Deeds of
in the vicinity then was P 100 to P 120 per square meter. It
Quezon City to cancel said certificate and issue a new
was evident that Father Escaler had been made to believe
one in lieu thereof in the name of plaintiffs-appellants,
that Rivera represented the squatters on the property. On the
upon presentation of the deed of conveyance to be
same date, 28 March 1971, Rivera obtained TCT No. 175662
executed in favor of appellants and (2) ordering
to the property in his name alone.
appellees jointly and severally to pay appellants the
In 1972, thirty-two heads of families of the Samahan filed sum of P 2,000.00 as attomey's fees, plus costs." (p.
Civil Case No. Q-16433, Branch IV, Quezon City, entitled 30, Report and Recommendation)
"Celedonio Quilban, et al., Plaintiffs, vs. Maximo Rivera, et al.,
To raise the amount of P 41,961.65 ordered paid by the Court
Defendants." with the principal prayer that said defendants
of Appeals, plus expenses for ejectment of the non-plaintiffs
be ordered to execute a deed of conveyance in favor of said
occupying the property, conveyance, documentation,
plaintiffs after reimbursement by the latter of the
transfer of title etc., the five officers of the Samahan
corresponding amount paid by Rivera to the Colegio. The
collected, little by little, P 2,500.00 from each head of family.
The Treasurer, Luis Agawan, issued the proper receipts Execution praying that the defendants and/or the Clerk of
prepared by Atty. Robinol. On 18 May 1979, the sum of P Court be directed to execute a deed of conveyance in favor of
68,970.00 was turned over to Atty. Robinol by the officers; on the plaintiffs (Exhibit "10"). At the hearing of the Motion for
31 May 1979 the amounts of P l,030.00 and P 2,500.00 Execution on 5 June 1980, Atty. Robinol manifested that he
respectively; and on 2 June 1979, the sum of P 2,500.00, or a had no objection to the appearance of and his substitution by
total of P 75,000.00. Atty. Montemayor (Exhibits "11" & "11-A").
After almost a year, the five officers discovered that no Because Atty. Robinol, however, still questioned the first
payment had been made to Rivera. When queried, Atty. consensus dated 6 March 1980, another document labelled
Robinol replied that there was an intervention filed in the civil the "second consensus" (Exhibit "E") was signed by 21
case and that a Writ of Execution had not yet been issued by plaintiffs during a meeting held for the purpose on 24
the Court of First Instance of Quezon City. However, it turned November 1980 to the effect that they had decided to
out that the motion for intervention had already been change Atty. Robinol as their counsel because he had delayed
dismissed. After confronting Atty. Robinol with that fact, the paying for their land notwithstanding the Decision of the
latter gave other excuses, which the officers discovered to Court of Appeals in their favor.
have no basis at all.
Administrative Case No. 2144
On 6 March 1980, 21 out of 32 plaintiffs arrived at a "first
On 15 April 1980 the Samahan officers filed this
consensus" to change their counsel, Atty. Robinol (Exhibit
Administrative Complaint before this Court requesting the
"3"). The officers of the Samahan thereafter approached Atty.
invention of Atty. Robinol for refusal to return the P 75,000.00
Anacleto R. Montemayor, who agreed to be their counsel,
and praying that the Court exercise its power of discipline
after he was shown the document of 6 March 1980 containing
over members of the Bar unworthy to practice law. The
the consensus of the Samahan members to change Atty.
details of their Complaint were embodied in their Joint
Robinol as their lawyer. Upon Atty. Montemayor's advice, the
Affidavit executed on 14 April 1980 describing what had
officers sent Atty. Robinol a letter dated 17 March 1980
transpired between them and Atty. Robinol.
informing the latter of their decision to terminate his services
and demanding the return of the P 75,000.00 deposited with In his defense, Atty. Robinol maintains that he was hired by
him (Exhibit "5"). Atty. Robinol turned deaf ears to the Complainants to appeal their case to the Court of appeals
demand. A subsequent letter of the same tenor, dated 31 after they had lost in the lower Court; that their agreement
March 1980 (Exhibit "6"), was similarly disregarded by Atty. as to attomey's fees was on a contingent basis if he obtains a
Robinol. reversal of the lower Court Decision, they wig give him a
portion of the property subject matter of the litigation equal
On 20 March 1980, Atty. Montemayor formally entered his
to the portion that will pertain to each of the 32 plaintiffs in
appearance in Civil Case No. Q-16433 as counsel for the
Civil Case No. Q-16433; that he did not receive P 70,000.00
plaintiffs (Exhibit "8"), vice Atty. Robinol, on the strength of
from Complainants on 18 May 1979 but only P 56,470.00;
the authority dated 18 March 1980 given him by plaintiffs in
that he prepared and signed the receipt dated 18 May 1979
said civil case through the five officers (Exhibit "9"). Atty.
showing that he received P 70,000.00 only to save
Montemayor then filed on 20 March 1980 a Motion for
complainants from embarrassment and shame should their Pursuing that tack on 29 July 1980, Atty. Robinol filed a
co-plaintiff ask for proof that they (Complainants) have paid complaint for Disbarment against Atty. Anacleto R.
their shares, which they have not; that the correct amount in Montemayor for alleged gross unethical conduct unbecoming
his possession is only P 62,470.00-it would really be P of a lawyer in that Atty. Montemayor readily accepted the
75,000.00 had the five Complainants paid their shares in the case without his Robinols formal withdrawal and conformity
amount of P 12,500.00 at P 2,500.00 each and one Fortunate and knowing fully well that there was no consensus of all the
Ramirez paid his balance of P 30.00; that he had the right to plaintiffs to discharge him as their counsel.
hold the money in his possession as guarantee for the
For his part, Atty. Montemayor denied that the attomey's fees
payment of his attomey's fees of get a portion of the
agreed upon by plaintiffs and Atty. Robinol were purely on a
property that win pertain to each of the plaintiffs, he wants
contingent basis, the truth being that the attomey's fees
his portion converted to cash, and the cash equivalent of his
were payable on a cash basis of P 2,000.00 retainer fee, as
portion is P 50,000.00 (2,743 square meters divided by 32
evidenced by the receipt signed by Atty. Robinol (Annex "I"),
plaintiffs equals 85 square meters for each plaintiff,
plus whatever amount is adjudicated as attomey's fees by
multiplied by P 500.00 up per square meter); that considering
the Court of Appeals; that the contingent fee referred to by
that P 50,000.00 is even less than one-half (1/ 2) per cent of
Atty. Robinol was the result of his insistent demand after the
the total value of the property, which is more than a million
Court of Appeals Decision in Civil Case No. Q-16433 was
pesos, such amount is not unreasonable; that he is ready to
already final, as shown by the date of the agreement (Annex
give back the amount of P 12,470.00, representing the
"2"); that twenty [20] out of thirty-two [32] members of the
difference between P 50,000.00 and the amount of P
Samahan signed the agreement to discharge Atty. Robinol
62,470.00 in his possession; that complainants cannot make
and hire a substitute counsel as shown by Annex "3", which is
this Court a collection agency and that while this Court has
a majority of the membership and, therefore, a valid
the exclusive disciplinary power over members of the Bar, it
consensus; that he agreed to act as counsel if only to arrest
is equally true that the Court cannot pass judgment on
the growing belief of the Samahan that most members of the
Complainants' plea that the amount deposited by respondent
Philippine Bar are unprincipled; that although there was no
be returned to them as this prayer should be ventilated in an
formal Motion for substitution, there was substantial
ordinary action; that he does not have the slightest intention
compliance with Sec. 26, Rule 138 of the Rules of Court, as
to appropriate the money in his possession (P 62,470.00) for
shown by the formal entry of appearance in Civil Case No. Q-
himself, but he is holding it until his attomey's fees are
1 6433 (Annex "8"), the written consent of the clients (Annex
satisfied there being no guarantee for its satisfaction because
"9"), notice to Atty. Robinol of his discharge and substitution
of Complainants' adamant refusal to pay him; that there was
(Annexes "10' and "11"), non-objection by Robinol of his
no previous notice to him of his discharge; and that Atty.
appearance as counsel (Annex "l 2"), and implied consent of
Montemayor accepted the case without his Robinols formal
the Court to the substitution as shown by its Order of 29 May
withdrawal and conformity.
1980 (Annex "l 3"); that his professional and personal
Administrative Case No. 2180 actuations as counsel for the plaintiffs in Civil Case No. Q-
16433, CFI-Quezon City, do not cause dishonor either to
himself or to the Philippine Bar; and that the Complaint circumstances, it was highly unjust for him to have done so.
against him should be dismissed. His clients were mere squatters who could barely eke out an
existence They had painstakingly raised their respective
On 1 September 1980 and on 17 December 1980, the Court
quotas of P 2,500.00 per family with which to pay for the land
referred Adm. Case No. 2144 and Adm. Case No. 2180,
only to be deprived of the same by one who, after having
respectively, to the Office of the Solicitor General for
seen the color of money, heart lessly took advantage of
investigation, report and recommendation. On 15 December
them.
1988, the Solicitor General submitted his compliance and
recommended: Atty. Robinol has no basis to claim that since he was unjustly
dismissed by his clients he had the legal right to retain the
1. That Atty. Santiago R. Robinol be suspended for
money in his possession. Firstly, there was justifiable ground
three months for refusing to deliver the funds of the
for his discharge as counsel. His clients had lost confidence in
plaintiffs in his possession, with the warning that a
him for he had obviously engaged in dilatory tactics to the
more severe penalty will be imposed for a repetition of
detriment of their interests, which he was duty-bound to
the same or similar act, and that he be ordered to
protect. Secondly, even if there were no valid ground, he is
return to the plaintiffs, through the complainants in
bereft of any legal right to retain his clients' funds intended
Adm. Case No. 2134, the sum of P 75,000.00.
for a specific purpose the purchase of land. He stands obliged
2. That the case against Atty. Anacleto R. Montemayor, to return the money immediately to their rightful owners.
Adm. Case No. 2180, be dismissed, since he has not
The principle of quantum meruit applies if a lawyer is
committed any misconduct imputed to him by Atty.
employed without a price agreed upon for his services in
Robinol. (pp. 59-60, Rollo)
which case he would be entitled to receive what he merits for
Except for the disciplinary sanction suggested for Atty. his services, as much as he has earned. In this case,
Robinol, we concur with the recommendations. however, there was an express contract and a stipulated
mode of compensation. The implied assumpsit on quantum
Re: Atty. Santiago R. Robinol meruit therefore, is inapplicable.
Atty. Robinol has, in fact, been guilty of ethical infractions and But Atty. Robinol seeks to impress upon the Court that he had
grave misconduct that make him unworthy to continue in the received only the sum of P 62,470.00 and not P 75,000.00
practice of the profession. After the Court of Appeals had claiming that five (5) officers of the Samahan had not yet
rendered a Decision favorable to his clients and he had paid their shares to P 12,500.00.
received the latter's funds, suddenly, he had a change of
mind and decided to convert the payment of his fees from a We agree with the Solicitor General that complainants'
portion of land equivalent to that of each of the plaintiffs to P evidence on this score is the more credible and that he had,
50,000.00, which he alleges to be the monetary value of that in fact, received the total sum of P 75,000.00 inclusive of the
area. Certainly, Atty. Robinol had no right to unilaterally share of P 12,500.00 of the five (5) officers of the Somalian
appropriate his clients' money not only because he is bound For, in the pleadings filed by Atty. Robinol himself in the civil
by a written agreement but also because, under the case below, namely, the Motion for Execution on 5 June 1979;
the Motion for Postponement on 31 August 1979; and the of 31 March 1980 of the same tenor (Exhibit "6"). In his
Motion to Set Hearing of Motion for Execution on 10 March Memorandum of 12 December 1985 and during the
1980, he made mention of seven (7) persons, who, as of that proceedings before the lower Court on 5 June 1980 he had
time, had not yet submitted their corresponding shares which stated that he had no objection to Atty. Montemayor's
list, however, did not include any of the five (5) officers of the appearance in Civil Case Q-16433. When the latter did enter
Samahan. his appearance, therefore, on 20 March 1980 it was only after
assuring himself that Atty. Robinol's services had been
Inevitable, therefore, is the conclusion that Atty. Robinol has
formally terminated. He had in no way encroached upon the
rendered himself unfit to continue in the practice of law. He
professional employment of a colleague.
has not only violated his oath not to delay any man for
money and to conduct himself with all good fidelity to his There is no gainsaying that clients are free to change their
clients. He has also brought the profession into disrepute with counsel in a pending case at any time (Section 26, Rule 138,
people who had reposed in it full faith and reliance for the Rules of Court) and thereafter employ another lawyer who
fulfillment of a life-time ambition to acquire a homelot they may then enter his appearance. In this case, the plaintiffs in
could call their own. the civil suit below decided to change their lawyer, Atty.
Robinol, for loss of trust and confidence. That act was well
Re: Atty. Anacleto R. Montemayor
within their prerogative.
In so far as Atty. Montemayor is concerned, we agree with the
In so far as the complaint for disbarment filed by Atty. Robinol
findings of the Solicitor General that he has not exposed
against Atty. Montemayor is concerned, therefore, we find the
himself to any plausible charge of unethical conduct in the
same absolutely without merit.
exercise of his profession when he agreed to serve as counsel
for the plaintiffs in Civil Case No. Q-16433. ACCORDINGLY, 1) In Administrative Case No. 2144, Atty.
Santiago R. Robinol is hereby DISBARRED for having violated
Of the thirty-two (32) plaintiffs in said civil case, twenty-one
his lawyer's oath to delay no man for money, broken the
(21) had signed the first consensus of 6 March 1980
fiduciary relation between lawyer and client, and proven
expressing their resolve to change their lawyer. In as much as
himself unworthy to continue in the practice of law. By reason
Atty. Robinol sought to exclude seven (7) of the plaintiffs (out
of his unethical actuations, he is hereby declared to have
of 32) for non-payment of their shares, only twenty five (25)
forfeited his rights to attomey's fees and is ordered to return
of them should be considered in determining the majority.
the amount of P 75,000.00 to the plaintiffs in Civil Case No.
Consequently, twenty-one (21) out of twenty-five (25) is
Q-16433 through the complainant in the aforementioned
sufficient to make the said consensus binding. It is more than
Administrative Case.
a simple majority.
2) Administrative Case No. 2180 against Atty. Anacleto R.
Moreover, the following developments estop Atty. Robinol
Montemayor for disbarment is hereby DISMISSED for lack of
from questioning his discharge as counsel: On 17 March 1980
merit.
he was informed in writing by plaintiffs of the termination of
his services (Exhibit "5"). That was followed by another letter
Let copies of this Resolution be entered in the respective September 2001, he decided to revive his legal practice with
personal records of Attys. Santiago R. Robinol and Anacleto R. some associates. Complainant engaged the legal services of
Montemayor. respondent for the latter to cause the transfer under her
name of the title over a property covered by Transfer
This Resolution is immediately executory.
Certificate of Title No. 334411 previously owned by her sister,
SO ORDERED. Lutgarda Amor D. Barnachea. The latter sold said property to
complainant under an unnotarized deed of absolute sale.
Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Complainant drew and issued BPI Family Bank Check No.
Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes, 0052304 in the amount of P11,280.00 and BPI Family Bank
Grio-Aquino, Medialdea and Regalado, JJ., concur. Check No. 0052305 in the amount of P30,000.00, both dated
September 5, 2001, or the total amount of P41,280.00 for the
Rule 16.04 NOR BORROWING; LENDING
expenses for said transfer and in payment for respondents
A lawyer shall not borrow money from his client unless the legal services. Respondent enchased the checks.
client's interest are fully protected by the nature of the case However, despite the lapse of almost two months,
or by independent advice. Neither shall a lawyer lend money respondent failed to secure title over the property in favor of
to a client except, when in the interest of justice, he has to complainant. The latter demanded that respondent refund to
advance necessary expenses in a legal matter he is handling her the amount of P41,280.00 and return the documents
for the client. which she earlier entrusted to him. However, respondent
failed to comply with said demands. On November 1, 2001,
complainant received a letter from respondent informing her
BARNACHEA V. QUIOCHO that he had failed to cause the transfer of the property under
A.C. No. 5925 March 11, 2003 her name and that he was returning the documents and title
(Formerly CBD No. 01-912) she had entrusted to him and refunding to her the amount of
P41,280.00 through his personal check No. DIL 0317787. Said
RUBY MAE BARNACHEA, complainant, check was drawn against his account with the Bank of
vs.
Commerce (Diliman Branch) in the amount of P41,280.00 and
ATTY. EDWIN T. QUIOCHO, respondent.
was postdated December 1, 2001. Respondent told
complainant that he needed more time to fund the check.
However, respondent failed to fund the check despite the
CALLEJO, SR., J.:
demands of complainant.
On January 3, 2002, Ruby Mae Barnachea filed a verified
In his Answer to the complaint, respondent denied that
complaint for breach of lawyer-client relations against
complainant contracted his legal services. Although
respondent Atty. Edwin T. Quiocho.
respondent admitted having received the two checks from
It appears that respondent had not been in the private complainant, he claimed that said checks were intended to
practice of the law for quite some time. However, in cover actual and incidental expenses for transportation,
communication, representation, necessary services, taxes presenting the available documents, paying the taxes and
and fees for the cancellation and transfer of TCT No. 334411 fees, and following up the processing for the cancellation and
under the name of complainant and not for legal services. He issuance of the certificate of title. In other words, respondent
asserted that he acted in good faith as shown by the fact of offered to complainant services which a non-lawyer familiar
his return of complainants documents with an explanatory with the procedure and the related offices can perform and
letter and his issuance of a personal check for P41,280.00 provide to the complainant with respect to the transfer of the
dated December 1, 2001. He insisted that he would not title of the property in her name.
compromise for such meager amount his personal standing
Respondent asserted that in the latter part of September
as well as his membership in the legal profession. His failure
2001, he discovered and became aware for the first time that
to transfer the title of the property under the name of the
the original copy of TCT No. 334411 with the Register of
complainant was caused by his difficulty in making good the
Deeds of Quezon City was destroyed in a fire in Quezon City
claimed amount, compounded by his affliction with diabetes
Hall several years earlier and that complainants copy of the
and the consequent loss of sight of his right eye.
title needed to be reconstituted before it can be cancelled
Respondent further alleged that he was a licensed real estate and transferred. At about the same time, the working
and insurance broker and had been a freelance business relations of respondent in the business center with his non-
management consultant. At the same time he engaged in lawyer associates had become difficult and strained,
real estate brokering, pre-need products marketing for impelling him to sever his business relations with them and
Prudential Life, and life insurance underwriting for Insular cease from to going to the business center. Consequently,
Life. In 1999, he gave up the practice of his profession as a telephone communications between respondent and
lawyer and subsequently managed to put up a business complainant at the business center was cut. Communications
center with fellow insurance underwriters for their common became much more limited when, apart from the fact that
insurance underwriting practice. He further claimed that respondent did not have a landline at his residence,
sometime in August, 2001, an insurance client introduced respondents mobile phone was stolen sometime in October
complainant as an insurance prospect to him. In the course of 2001.
their dealing, complainant intimated to respondent her
The Integrated Bar of the Philippines (IBP) designated Atty.
willingness to consider respondents insurance proposal
Dennis B. Funa as Commissioner to conduct a formal
provided the latter would help her facilitate the cancellation
investigation of the complaint. Despite several settings,
and eventual transfer to her name the property covered by
respondent failed to appear and adduce evidence.
TCT No. 334411 in the name of complainants sister,
Lutgarda Amor D. Barnachea. Respondent agreed to help On April 26, 2002, Investigating Commissioner Dennis B.
complainant in the transfer of the title to her name, with the Funa submitted his report and recommendation stating in
condition that no diligent study or verification of part that:
complainants documents, nor preparation of any additional
document or any application or petition whatsoever, will be 1. Respondent is not able to meet his financial obligations
made by respondent. He explained to complainant that his due to financial difficulties, and that respondent is in good
task was merely to go through the regular process of faith in his failure to meet this obligation.
2. It is recommended that respondent be ORDERED TO REPAY Governors is not commensurate to the gravity of the wrong
HIS CLIENT within ninety (90) days from receipt of this committed by respondent. As found by the Investigating
Decision. The principal amount being P41,280.00. Failure to Commissioner, the complainant engaged the legal services of
comply with the Order shall be considered as proof of evident the respondent. As admitted in his letter to the complainant,
bad faith, and shall be considered in the continuing respondent had just resumed his private practice of law two
evaluation of the case in view of the continued failure to months before complainant contracted his services for the
repay his client. notarization of the Deed of Absolute Sale, the registration
thereof with the Register of Deeds and the transfer of the
3. Respondent should also be given a WARNING that a
title over the property to the complainant:
repetition shall be dealt with more severely. 1
NOVEMBER 1, 2002
The Investigating Commissioner gave credence to the claim
of complainant that she engaged the legal services of DEAR RUBY,
respondent and paid him for his services and that respondent
I AM SORRY I AM RETURNING YOUR DOCUMENTS
failed in his undertaking and refund the amount of
WITHOUT CHANGES.
P41,280.00 to complainant despite her demands and that
respondent appeared to be evading the complainant. I HAD A SERIES OF MONEY PROBLEMS RIGHT AFTER
YOU GAVE ME THE TWO CHECKS AND COMING WITH
On October 19, 2002, the IBP Board of Governors passed
THE AMOUNTS WITH PERSONAL FUNDS.
Resolution No. XV-2002-550 adopting and approving the
Investigating Commissioners recommendation with the I WAS REVIVING MY LEGAL PRACTICE ONLY FOR TWO
additional sanction of reprimand for respondent: MONTHS WHICH WE MET AND HAD JUST SET UP THE
OFFICE WITH TWO ASSOCIATES WHICH A FEW WEEKS
RESOLVED to ADOPT and APPROVE, as it is hereby
LATER WE HAD DISAGREEMENTS AND DECIDED TO
ADOPTED and APPROVED, the Report and
DISBAND. I WILL HAVE TO REFURBISH MY OFFICE. I AM
Recommendation of the Investigating Commissioner of
ISSUING MY PERSONAL CHECK TO GUARANTEE THE
the above-entitled case, herein made part of this
AMOUNT I TOOK. I NEED A LITTLE TIME TO COVER THE
Resolution/Decision as Annex "A"; and, finding the
AMOUNT. THANKS FOR YOUR UNDERSTANDING.
recommendation fully supported by the evidence on
record and the applicable laws and rules, with
(Sgd.) EDWIN.3
modification. Respondent is hereby reprimanded and
ordered to return the Forty One Thousand Two Hundred Respondents claim that complainant did not retain his legal
Eighty (P41,280.00) Pesos to complainant within ninety services flies in the face of his letter to complainant. Even if it
(90) days from receipt of notice.2 were true that no attorney-client relationship existed
between them, case law has it that an attorney may be
While the Court agrees with the Board of Governors that
removed or otherwise disciplined not only for malpractice
respondent should be meted a disciplinary sanction, it finds
and dishonesty in the profession but also for gross
that the penalty of reprimand recommended by the Board of
misconduct not connected with his professional duties,
making him unfit for the office and unworthy of the privileges A lawyer is obliged to hold in trust money or property of his
which his license and the law confer upon him. 4 client that may come to his possession. He is a trustee to
said funds and property.5 He is to keep the funds of his client
In this case, respondent failed to comply with his undertaking
separate and apart from his own and those of others kept by
for almost two months. Worse, despite demands of
him. Money entrusted to a lawyer for a specific purpose such
complainant, he failed to refund the amount of P41,280.00
as for the registration of a deed with the Register of Deeds
and to return to complainant the deed of absolute sale and
and for expenses and fees for the transfer of title over real
title over the property. Respondents claim that complainant
property under the name of his client if not utilized, must be
could not contact him because he did not have any landline
returned immediately to his client upon demand therefor. The
at his residence and that his mobile phone was stolen in
lawyers failure to return the money of his client upon
October 2001, is hard to believe. He failed to adduce a
demand gave rise to a presumption that he has
morsel of evidence to prove that his telephone at the
misappropriated said money in violation of the trust reposed
business center was cut or that his mobile phone had been
on him.6 The conversion by a lawyer funds entrusted to him
stolen. Even then, respondent could have easily contacted
by his client is a gross violation of professional ethics and a
the complainant at her residence or could have written her a
betrayal of public confidence in the legal profession. 7
letter informing her that the original copy of TCT No. 324411
in the custody of the Register of Deeds was burned when the In this case, respondent intransigeantly refused to return to
Quezon City Hall was gutted by fire and that there was a the complainant the amount of P41,280.00 which he received
need for the reconstitution of said title. Neither did for the expenses for the transfer to her of the title of the
respondent adduce evidence that he was a life insurance property and for his professional fees. His dishonest conduct
underwriter for Insular Life or that he had been sick with was compounded by his interjection of flimsy excuses for his
diabetes and had lost his sight in his right eye. Respondent obstinate refusal to refund the amount to complainant.
simply refused to adduce evidence to prove his allegations in
The relation of attorney and client is highly fiduciary in nature
his Answer to the complaint.
and is of a very delicate, exacting and confidential character. 8
The Court is led to believe that respondents failure to cause A lawyer is duty-bound to observe candor, fairness and
the transfer of the title of the property under the name of loyalty in all his dealings and transactions with his clients. 9
complainant was due to a financial problem that beset him The profession, therefore, demands of an attorney an
shortly after he received the checks from complainant. It can absolute abdication of every personal advantage conflicting
easily be inferred from respondents letter that he used in any way, directly or indirectly, with the interest of his
complainants money to alleviate if not solve his financial client. In this case, respondent miserably failed to measure
woes. What compounded respondents unethical conduct was up to the exacting standard expected of him.
his drawing of a personal check and delivering the same to
IN LIGHT OF ALL THE FOREGOING, Respondent Atty. Edwin T.
complainant without sufficient funds in his bank account to
Quiocho is found guilty of violation of Canons 15 and 16 of
cover the check. Even as he promised to fund his account
the Code of Professional Responsibility. He is SUSPENDED
with the drawee bank, respondent failed to do so when the
from the practice of law for One (1) Year with a stern warning
check became due.
that a repetition of the same or similar acts shall be dealt
with more severely. He is DIRECTED to restitute to the
complainant the full amount of P41,280.00 within ten (10)
days from notice hereof. Respondent is further DIRECTED to
submit to the Court proof of payment of said amount within
ten (10) days from said payment. If Respondent fails to
restitute the said amount within the aforesaid period, he shall
be meted an additional suspension of three (3) months for
every month or fraction thereof of delay until he shall have
paid the said amount in full. In case a subsidiary penalty of
suspension for his failure to restitute the said amount shall be
necessary, respondent shall serve successively the penalty of
his one year suspension and the subsidiary penalty. This is
without prejudice to the right of the complainant to institute
the appropriate action for the collection of said amount.
SO ORDERED.
On June 22, 2004, complainant and respondent met with On November 18, 2004, the Prosecutors Office issued a
Katherine Moscoso Bantegui Bantegui),6 a major stockholder Resolution17 dated October 13, 2004, finding probable cause
of Consulting Edge,7 in order to discuss the settlement of to charge complainant and respondent for grave coercion.
The corresponding Information was filed before the uncalled for. Worse, when faced with the counter legal
Metropolitan Trial Court of Makati City, Branch 63, docketed measures to his actions, he abandoned his client's cause.28
as Criminal Case No. 337985 (grave coercion case), and, as a Commissioner Magpayo found that respondents acts evinced
matter of course, warrants of arrest were issued against a lack of adequate preparation and mastery of the applicable
them.18 Due to the foregoing, respondent advised laws on his part, in violation of Canon 529 of the Code of
complainant to go into hiding until he had filed the necessary Professional Responsibity (Code), warranting his suspension
motions in court. Eventually, however, respondent from the practice of law for a period of six months. 30
abandoned the grave coercion case and stopped
The IBP Board of Governors adopted and approved the
communicating with complainant.19 Failing to reach
aforementioned Report and Recommendation in Resolution
respondent despite diligent efforts, 20 complainant filed the
No. XX-2011-261 dated November 19, 2011 (November 19,
instant administrative case before the Integrated Bar of the
2011 Resolution), finding the same to be fully supported by
Philippines (IBP) - Commission on Bar Discipline (CBD),
the evidence on record and the applicable laws and rules. 31
docketed as CBD Case No. 06-1689.
In a Resolution32 dated October 8, 2012, the Court noted the
Despite a directive21 from the IBP-CBD, respondent failed to
Notice of the IBPs November 19, 2011 Resolution, and
file his answer to the complaint. The case was set for
referred the case to the Office of the Bar Confidant (OBC) for
mandatory conference on November 24, 2006, 22 which was
evaluation, report and recommendation.33
reset twice,23 on January 12, 2007 and February 2, 2007, due
to the absence of respondent. The last notice sent to The OBC's Report and Recommendation
respondent, however, was returned unserved for the reason
"moved out."24 In view thereof, Investigating Commissioner On February 11, 2013, the OBC submitted a Report and
Tranquil S. Salvador III declared the mandatory conference Recommendation34 dated February 6, 2013, concluding that
terminated and required the parties to submit their position respondent grossly neglected his duties to his client and
papers, supporting documents, and affidavits. 25 failed to safeguard the latter's rights and interests in wanton
disregard of his duties as a lawyer.35 It deemed that the six-
The IBPs Report and Recommendation month suspension from the practice of law as suggested by
the IBP was an insufficient penalty and, in lieu thereof,
On March 18, 2009, Investigating Commissioner Pedro A.
recommended that respondent be suspended for three
Magpayo, Jr. (Commissioner Magpayo) issued a Report and
years.36 Likewise, it ordered respondent to return the
Recommendation,26 observing that respondent failed to
P150,000.00 he received from complainant as acceptance
safeguard complainant's legitimate interest and abandoned
fee.37
her in the grave coercion case. Commissioner Magpayo
pointed out that Bantegui is not legally obliged to honor The Court's Ruling
complainant as subrogee of David because complainant has
yet to establish her kinship with David and, consequently, her After a careful perusal of the records, the Court concurs with
interest in Consulting Edge.27 Hence, the actions taken by and adopts the findings and conclusions of the OBC.
respondent, such as the placing of paper seal on the door of
the company premises and the changing of its lock, were all
The Court has repeatedly emphasized that the relationship xxxx
between a lawyer and his client is one imbued with utmost
Keeping with the foregoing rules, the Court finds that
trust and confidence. In this regard, clients are led to expect
respondent failed to exercise the required diligence in
that lawyers would be ever-mindful of their cause and
handling complainants cause since he: first, failed to
accordingly exercise the required degree of diligence in
represent her competently and diligently by acting and
handling their affairs. For his part, the lawyer is expected to
proffering professional advice beyond the proper bounds of
maintain at all times a high standard of legal proficiency, and
law; and, second, abandoned his clients cause while the
to devote his full attention, skill, and competence to the case,
grave coercion case against them was pending.
regardless of its importance and whether he accepts it for a
fee or for free.38 To this end, he is enjoined to employ only fair Anent the first infraction, it bears emphasis that
and honest means to attain lawful objectives. 39 These complainant's right over the properties of her deceased
principles are embodied in Canon 17, Rule 18.03 of Canon 18, husband, David, has yet to be sufficiently established. As
and Rule 19.01 of Canon 19 of the Code which respectively such, the high-handed action taken by respondent to enforce
state: complainant's claim of ownership over the latters interest in
Consulting Edge i.e., causing the change of the office door
CANON 17 - A lawyer owes fidelity to the cause of his
lock which thereby prevented the free ingress and egress of
client and he shall be mindful of the trust and
the employees of the said company was highly improper.
confidence reposed in him.
Verily, a person cannot take the law into his own hands,
CANON 18 A lawyer shall serve his client with regardless of the merits of his theory. In the same light,
competence and diligence. respondent's act of advising complainant to go into hiding in
order to evade arrest in the criminal case can hardly be
xxxx
maintained as proper legal advice since the same constitutes
Rule 18.03 A lawyer shall not neglect a legal matter transgression of the ordinary processes of law. By virtue of
entrusted to him, and his negligence in connection the foregoing, respondent clearly violated his duty to his
therewith shall render him liable. client to use peaceful and lawful methods in seeking justice, 40
in violation of Rule 19.01, Canon 19 of the Code as above-
xxxx quoted. To note further, since such courses of action were not
only improper but also erroneous, respondent equally failed
CANON 19 A lawyer shall represent his client with
to serve his client with competence and diligence in violation
zeal within the bounds of the law.
of Canon 18 of the Code. In the same regard, he also
Rule 19.01 A lawyer shall employ only fair and honest remained unmindful of his clients trust in him in particular,
means to attain the lawful objectives of his client and her trust that respondent would only provide her with the
shall not present, participate in presenting or threaten proper legal advice in pursuing her interests thereby
to present unfounded criminal charges to obtain an violating Canon 17 of the Code.
improper advantage in any case or proceeding.
With respect to the second infraction, records definitively
bear out that respondent completely abandoned complainant
during the pendency of the grave coercion case against received despite demand; to update his client on the status
them; this notwithstanding petitioners efforts to reach him of her case and respond to her requests for information; and
as well as his receipt of the P150,000.00 acceptance fee. It is to file an answer and attend the mandatory conference
hornbook principle that a lawyers duty of competence and before the IBP. Also, in Villanueva v. Gonzales, 45 a lawyer who
diligence includes not merely reviewing the cases entrusted neglected complainants cause; refused to immediately
to his care or giving sound legal advice, but also consists of account for his clients money and to return the documents
properly representing the client before any court or tribunal, received; failed to update his client on the status of her case
attending scheduled hearings or conferences, preparing and and to respond to her requests for information; and failed to
filing the required pleadings, prosecuting the handled cases submit his answer and to attend the mandatory conference
with reasonable dispatch, and urging their termination even before the IBP was suspended from the practice of law for
without prodding from the client or the court. 41 Hence, two years. However, the Court observes that, in the present
considering respondents gross and inexcusable neglect by case, complainant was subjected to a graver injury as she
leaving his client totally unrepresented in a criminal case, it was prosecuted for the crime of grave coercion largely due to
cannot be doubted that he violated Canon 17, Rule 18.03 of the improper and erroneous advice of respondent. Were it not
Canon 18, and Rule 19.01 of Canon 19 of the Code. for respondents imprudent counseling, not to mention his
act of abandoning his client during the proceedings,
In addition, it must be pointed out that respondent failed to
complainant would not have unduly suffered the harbors of a
file his answer to the complaint despite due notice.1wphi1
criminal prosecution. Thus, considering the superior degree
This demonstrates not only his lack of responsibility but also
of the prejudice caused to complainant, the Court finds it apt
his lack of interest in clearing his name, which, as case law
to impose against respondent a higher penalty of suspension
directs, is constitutive of an implied admission of the charges
from the practice of law for a period of three years as
leveled against him.42 In fine, respondent should be held
recommended by the OBC.
administratively liable for his infractions as herein discussed.
That said, the Court now proceeds to determine the In the same light, the Court sustains the OBCs
appropriate penalty to be imposed against respondent. recommendation for the return of the P150,000.00
acceptance fee received by respondent from complainant
Several cases show that lawyers who have been held liable
since the same is intrinsically linked to his professional
for gross negligence for infractions similar to those
engagement. While the Court has previously held that
committed by respondent were suspended from the practice
disciplinary proceedings should only revolve around the
of law for a period of two years. In Jinon v. Jiz, 43 a lawyer who
determination of the respondent-lawyers administrative and
neglected his client's case, misappropriated the client's funds
not his civil liability,46 it must be clarified that this rule
and disobeyed the IBPs directives to submit his pleadings
remains applicable only to claimed liabilities which are purely
and attend the hearings was suspended from the practice of
civil in nature for instance, when the claim involves moneys
law for two years. In Small v. Banares, 44 the Court meted a
received by the lawyer from his client in a transaction
similar penalty against a lawyer who failed to render any
separate and distinct and not intrinsically linked to his
legal service even after receiving money from the
professional engagement (such as the acceptance fee in this
complainant; to return the money and documents he
case). Hence, considering further that the fact of
respondents receipt of the P150,000.00 acceptance fee from
complainant remains undisputed,47 the Court finds the return
of the said fee, as recommended by the OBC, to be in order.
SO ORDERED.
CANTILLER V. POTENCIANO Complainant herein is the sister of Peregrina Cantiller,
defendant in an action for "ejectment" docketed as Civil Case
A.M. Case No. 3195. December 18, 1989
No. 6046 before the Metropolitan Trial Court of Manila,
Branch 57, San Juan, Metro Manila.
MA. LIBERTAD SJ CANTILLER, complainant, Another action, likewise involving Peregrina but this time as
vs. plaintiff, was then pending before the Regional Trial Court,
ATTY. HUMBERTO V. POTENCIANO, respondent. Branch 168, Pasig, Metro Manila docketed as Civil Case No.
54117 for "reconveyance with damages." Both actions
involve the apartment unit being rented by complainant and
her sister.
RESOLUTION
When the two cases were concluded, Peregrina came out the
PER CURIAM
losing party. Civil Case No. 54117 for reconveyance was
Public interest requires that an attorney exert his best efforts ordered dismissed by the Regional Trial Court on June 8, 1987
and ability in the prosecution or defense of his client's cause. while Civil Case No. 6046 for ejectment was decided by the
A lawyer who performs that duty with diligence and candor Metropolitan Trial Court against her.
not only protects the interests of his client; he also serves the
On October 8, 1987 pursuant to the writ of execution issued
ends of justice, does honor to the bar and helps maintain the
in Civil Case No. 6046 for ejectment, complainant and
respect of the community to the legal profession. This is so
Peregrina were served a notice to vacate the rented premises
because the entrusted privilege to practice law carries with it
within four (4) days from receipt of notice.
the correlative duties not only to the client but also to the
court, to the bar or to the public. That circumstance explains Desperate and at a loss on what to do, they consulted a
the public concern for the maintenance of an untarnished certain Sheriff Pagalunan, on the matter. Pagalunan, in turn,
standard of conduct by every attorney towards his client. 1 introduced them to herein respondent. After such
introduction, the parties "impliedly agreed" that respondent
Subject of this administrative complaint is Humberto V.
would handle their case. Forthwith, a petition entitled
Potenciano, a practicing lawyer and a member of the
"Annulment of Judgment, Annulment of Sale and Damages
Philippine Bar under Roll No. 21862. He is charged with
with prayer for Preliminary Injunction and/or Status Quo
deceit, fraud, and misrepresentation, and also with gross
Order, etc." was prepared by respondent to forestall the
misconduct, malpractice and of acts unbecoming of an officer
execution of the order to vacate in Civil Case No. 6046.
of the court.
2 In the afternoon of October 9,1987, the complainant was
The essential facts are as follows:
made to sign by respondent what she described as a
"[h]astily prepared, poorly conceived, and haphazardly
composed 3 petition for annulment of judgment. Complainant
alleges that respondent promised her that the necessary
restraining order would be secured if only because the judge the Treasurer's Office of Pasig as purchase price of the
who would hear the matter was his "katsukaran" (close apartment and another one thousand pesos (P 1,000.00) to
friend). cover the expenses of the suit. Respondent stressed to the
complainant the need and urgency of filing the new
Thereupon, the petition was filed with the Regional Trial
complaint.
Court, Branch 153, Pasig, Metro Manila and docketed as Civil
Case No. 55118. Respondent demanded from the Complainant and Peregrina raised the said amounts through
complainant one thousand pesos (P l,000.00) as attorney's the kindness of some friends and relatives. On October
fee which the latter paid that same afternoon. 26,1987, the money was handed over to the respondent.
However, when the case was raffled and assigned to Branch On the same date, a complaint for "Specific Performance,
153, the presiding judge asked respondent to withdraw as Annulment of Simulated or Spurious Sale with Damages,"
counsel in the case on the ground of their friendship. later docketed as Civil Case No. 55210, was filed by
respondent with the Regional Trial Court, Branch 165, Pasig,
On October 11, 1987, respondent went to the house of
Metro Manila.
complainant and asked her to be ready with two thousand
pesos (P 2,000.00) to be given to another judge who will At the hearing of the preliminary injunction in Civil Case No.
issue the restraining order in the ejectment case (Civil Case 55118 on October 30, 1987, respondent, contrary to his
No. 6046). Complainant and her sister were only able to raise promise that he would secure a restraining order, withdrew
the amount of one thousand pesos which they immediately his appearance as counsel for complainant. Complainant was
gave to respondent. not able to get another lawyer as replacement. Thus, no
restraining order or preliminary injunction was obtained. As a
Later respondent informed the complainant and her sister
consequence, the order to vacate in Civil Case No. 6046 was
that he could not locate the judge who would issue the
eventually enforced and executed.
restraining order. The parties, then, instead went to the Max's
Restaurant where respondent ordered some food - including Sometime thereafter, it came to complainant's knowledge
two plastic bags of food allegedly to be given to the judge that there was really no need to make a deposit of ten
who would issue the restraining order. At this juncture, thousand pesos (P l0,000.00) relative to Civil Case No. 55210.
respondent asked for the remaining balance of the two After further inquiry, she found out that in fact there was no
thousand pesos (P 2,000.00) which he earlier demanded. such deposit made. Thus, on December 23,1987,
Complainant gave her last money-a ten dollar ($ 10.00) bill. complainant sent a demand letter to respondent asking for
the return of the total amount of eleven thousand pesos (P
Sometime after the filing of Civil Case No. 55118, respondent
11,000.00) which the former earlier gave to the latter.
informed complainant and Peregrina that there was a need to
However, this letter was never answered and the money was
file another case with the Regional Trial Court to enable them
never returned. Hence, complainant lodged this
to retain possession of the apartment. For this purpose,
administrative complaint against herein respondent.
respondent told complainant to prepare the amount of Ten
Thousand Pesos (P 10,000.00) allegedly to be deposited with
Meanwhile, on December 29,1987, the Regional Trial Court, knowledge beforehand that he would be asked by the
Branch 153, dismissed Civil Case No. 55118 for failure to presiding judge in Civil Case No. 55118 to withdraw his
state a cause of action. 4 On January 20,1988, Civil Case No. appearance as counsel by reason of their friendship. Despite
5521 0 was likewise dismissed for being identical with Civil such prior knowledge, respondent took no steps to find a
Case No. 55118. 5 replacement nor did he inform complainant of this fact.
Respondent in his answer contends that the filing of Civil Even assuming that respondent had no previous knowledge
Cases Nos. 55118 and 55210 was done in good faith and that that he would be asked to withdraw, the record is quite clear
the allegations of complainant relative to the administrative that four (4) days prior to the hearing of the preliminary
charge against him are all lies, product of one's imagination injunction in Civil Case No. 55118 respondent already filed a
and only intended to harrass him. 6 motion therein withdrawing as complainant's counsel
interposing as reason therefor his frequent attacks of pain
This Court agrees that the petitions in Civil Cases Nos. 55118
due to hemorrhoids. Despite this void, respondent failed to
and 55210 appear to be poorly prepared and written. having
find a replacement. He did not even ask complainant to hire
represented himself capable of picking up the cudgels for the
another lawyer in his stead. 8
apparently lost cause of complainant respondent should have
carefully prepared the pleadings if only to establish the His actuation is definitely inconsistent with his duty to protect
justness of his representation. The little time involved is no with utmost dedication the interest of his client and of the
excuse. Complainant reposed full faith in him. His first duty fidelity, trust and confidence which he owes his client. 9 More
was to file the best pleading within his capability. Apparently so in this case, where by reason of his gross negligence
respondent was more interested in getting the most out of complainant thereby suffered by losing all her cases.
the complainant who was in a hopeless situation. He bragged
The filing of Civil Case No. 55210 on October 26, 1987, the
about his closeness to the judge concerned in one case and
same day that he had already filed a motion to withdraw as
talked about the need to "buy" the restraining order in the
counsel for complainant in Civil Case No. 55118, reveals his
other. Worse still he got P 10,000.00 as alleged deposit in
lack of good faith as an advocate. He also failed to appear for
court which he never deposited. Instead he pocketed the
the complainant in said case. It was all a show to get more
same. The pattern to milk the complainant dry is obvious.
money from her. This adversely reflects on his fitness to
When a lawyer takes a client's cause, he thereby covenants practice law. When confronted with this evident irregularity,
that he will exert all effort for its prosecution until its final he lamely stated that while he did not physically appear for
conclusion. The failure to exercise due diligence or the complainant he nevertheless prepared and drafted the
abandonment of a client's cause makes such lawyer pleadings.
unworthy of the trust which the client had reposed on him.
His services were engaged by complainant hoping that the
The acts of respondent in this case violate the most
property subject of the ejectment proceeding would be
elementary principles of professional ethics . 7
returned to her. In fact, it was respondent who persuaded
The Court finds that respondent failed to exercise due complainant that the filing of these two cases simultaneously
diligence in protecting his client's interests. Respondent had were the means by which this objective can be achieved. His
duty was not only to prepare the pleadings but to represent Finally, respondent is hereby ordered to return to
complainant until the termination of the cases. This he failed complainant herein the sum of eleven thousand pesos
to do. (P11,000.00) with legal interest from the date of this
resolution until it is actually returned.
His representation that there was an immediate need to file
Civil Case No. 55210 when he already knew that he could no SO ORDERED.
longer physically handle the same is an act of deception of
Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez Jr., Cruz,
his client. 10 It shows lack of fidelity to his oath of office as a
Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes,
member of the Philippine bar.
Grio-Aquino, Medialdea and Regalado, JJ., concur.
The allegation of respondent that the ten thousand pesos (P
10,000.00) was given to him as fee for his services, is simply
incredible. Indeed, such amount is grossly disproportionate
with the service he actually rendered. 11 And his failure to
return even a portion of the amount upon demand of
complainant all the more bolsters the protestation of
complainant that respondent does not deserve to remain as
an officer of the court.
After the complainants had submitted the required number of On April 18, 1970, respondent prepared a complaint for
copies of their complaint, the respondent was ordered to file revival of the judgment in Civil Case No. 4963 but filed it only
his answer thereto which he did on June 5, 1974. on September 12, 1970 on five (5) months later. It was
docketed as Civil Case No. 9559, entitled: "Ramon S. Alisbo,
On August 20, 1974, the complainants filed a reply. Teotimo S. Alisbo and Pacifico S. Alisbo vs. Carlito Sales, in his
own capacity and as Judicial Administrator of the deceased
On August 28, 1974, the Court referred the complaint to the
Pedro Sales." The complaint was signed by respondent alone.
Solicitor General for investigation, report and
However, no sooner had he filed the complaint than he
recommendation. On February 2, 1990, or after sixteen (16)
withdrew it and filed in its stead (on the same day and in the
years, the Solicitor General submitted his report to the Court,
same case) a second complaint dated August 31, 1970, with
together with the transcripts of stenographic notes taken at
Ramon S. Alisbo as the lone plaintiff, praying for the same
the investigation and folders of exhibits submitted by the
relief. Teotimo S. Alisbo and Pacifico S. Alisbo were excluded
parties.
as plaintiffs and were impleaded as defendants instead.
The facts of the case, as found by the Solicitor General, are Attorneys Bernardo B. Pablo and Benito Jalandoon, Sr. (herein
the following: respondent) signed as counsel.
On March 16, 1970, Ramon Alisbo engaged respondent On December 8, 1971, an amended complaint was filed
Attorney Benito Jalandoon, Sr., as his counsel to commence wherein the plaintiffs were: Ramon S. Alisbo, assisted by his
judicial guardian, Norberto S. Alisbo, and eight (8) others, longer be executed by mere motion (Sec. 6, Rule 39, Rules of
namely: Pacifico S. Alisbo, Ramona Vda. de Alisbo and Court). Complainants had only about a year left within which
Ildefonso, Evangeline, Teotimo, Jr., Reynaldo, Elizabeth and to enforce the judgment by an independent action.
Teresita, all surnamed Alisbo. The amended complaint was
Ramon Alisbo was already insane or incompetent when he
signed by Attorney Bernardo B. Pablo alone as counsel of the
hired Attorney Jalandoon to file Civil Case No. 9559 for him.
plaintiffs.
Attorney Jalandoon concealed from Alisbo the fact that he
On August 21, 1973, defendant Carlito Sales filed a Motion to (Atty. Jalandoon) had been the former counsel of Carlito Sales
Dismiss the complaint on the ground that the action for in the probate proceedings where Alisbo and Sales had
revival of judgment in Civil Case No. 4963 had already litigated over their shares of the inheritance.
prescribed (Exh. 21). Plaintiffs filed an Opposition to the
However, according to Attorney Jalandoon, it was only on
Motion to Dismiss (Exh. 22).
October 6, 1972, when Civil Case No. 9559 was called for pre-
On October 3, 1973, the Court of First Instance of Negros trial, that he discovered his previous professional relationship
Occidental dismissed the complaint on the ground of with Sales. At that time, the ten-year prescriptive period for
prescription as the judgment in Civil Case No. 4963 became revival of the judgment in favor of Alisbo had already expired.
final on May 30, 1961 yet, and, although a complaint for He thereupon asked Alisbo's permission to allow him
revival of said judgment was filed by Ramon Alisbo on (Jalandoon) to withdraw from the case. He also informed the
September 12, 1970, before the ten-year prescriptive period court about his untenable position and requested that he be
expired, that complaint was null and void for Ramon Alisbo allowed to retire therefrom. His request was granted.
was insane, hence, incompetent and without legal capacity to
In his report to the Court, the Solicitor General made the
sue when he instituted the action. The subsequent filing of an
following observations:
Amended Complaint on December 8, 1972, after the
statutory limitation period had expired, was too late to save Evident from the foregoing is the fact that in handling
the plaintiffs right of action. Thereafter, nothing more was the case for Ramon S. Alisbo which eventually led to
done by any of the parties in the case. its dismissal, respondent committed several errors,
among which are:
On January 2, 1974, the complainants charged respondent
Attorney Benito Jalandoon, Sr. with having deliberately 1. He did not verify the real status of Ramon Alisbo
caused the dismissal of Civil Case No. 9559 and with having before filing the case. Otherwise, his lack of capacity to
concealed from them the material fact that he had been the sue would not have been at issue.
former legal counsel of Carlito Sales, their adversary in the
probate proceedings. The respondent filed a general denial of 2. He postponed the motion to revive judgment and
the charges against him. gave way instead to a motion to resolve pending
incidents in Civil Case 4963. In doing so, he frittered
When Ramon S. Alisbo engaged the services of Attorney away precious time.
Jalandoon to enforce the decision in Civil Case No. 4963, that
decision was already nine (9) years old, hence, it could no
3. He dropped Ramon Alisbo's co-plaintiffs and Sales, et al. The fact that they had been his clients
impleaded them as defendants. Otherwise, the could not have eluded him.
complaint would have been defective only in part.
In view of his former association with the Saleses, Attorney
Had not respondent committed the above mistakes, Jalandoon, as a dutiful lawyer, should have declined the
Civil Case No. 9559 in all probability would not have employment proffered by Alisbo on the ground of conflict of
been dismissed on the ground of prescription. (pp. 9- interest. Had he done that soon enough, the Alisbos (herein
10, Solicitor General's Report.) complainants) would have had enough time to engage the
services of another lawyer and they would not have lost their
While the Solicitor General does not believe that Attorney
case through prescription of the action.
Jalandoon's mistakes in handling Alisbo's case were
deliberate or made with malice aforethought because there is The actuations of respondent attorney violated Paragraphs 1
no "proof of collusion or conspiracy between respondent and and 2, No. 6 of the Canons of Professional Ethics which
those who would benefit from the dismissal of Civil Case No. provide:
9559 . . . and that, on the other hand, respondent stood to
6. ADVERSE INFLUENCE AND CONFLICTING INTEREST
gain substantially (50% of the amount recovered) if he had
succeeded in having the judgment revived and executed" It is the duty of a lawyer at the time of retainer to
(pp. 10-11, Solicitor General's Report), still those errors are so disclose to the client all the circumstances of his
gross and glaring that they could not have resulted from relations to the parties, and any interest in or
mere negligence or lack of due care. connection with the controversy, which might influence
the client in the selection of counsel.
Attorney Jalandoon's pretense that he did not know before
the pre-trial that the Sales defendants had been his clients in It is unprofessional to represent conflicting interests,
the past, is unbelievable because: except by express consent of all concerned given after
a full disclosure of the facts. Within the meaning of this
1. Before he filed the complaint for revival of
canon, a lawyer represents conflicting interests when,
judgment, he had had several interviews with Ramon
in behalf of one client, it is his duty to contend for that
S. Alisbo and Norberto Alisbo regarding Civil Case No.
which duty to another client requires him to oppose.
4963.
(pp. 14-15, Solicitor General's Report.)
2. He must have done some research on the court
The impression we gather from the facts is that Attorney
records of Civil Case No. 4963, so he could not have
Jalandoon used his position as Alisbo's counsel precisely to
overlooked his own participation in that case as
favor his other client, Carlito Sales, by delaying Alisbo's
counsel for Carlito Sales, et al.
action to revive the judgment in his favor and thereby
3. To prepare the complaint for revival of judgment deprive him of the fruits of his judgment which Attorney
(Civil Case No. 9559), he had to inform himself about Jalandoon, as Sales' counsel, had vigorously opposed. Thus,
the personal circumstances of the defendants-Carlito although Atty. Jalandoon prepared Alisbo's complaint for
revival of judgment on April 18, 1970, he delayed its filing
until September 12, 1970. He postponed filing the action by IT IS SO ORDERED.
asking the Court instead to resolve pending incidents in said
Fernan, C.J., Narvasa, Gutierrez, Jr., Cruz, Paras, Padilla,
Civil Case No. 4963. By doing that, he frittered away what
Bidin, Sarmiento, Medialdea, Regalado and Davide, Jr., JJ.,
little time was left before the action would prescribe. The
concur.
original complaint which he filed in the names of Ramon
Alisbo and his brothers was only partially defective because Gancayco, J., is on leave.
of Ramon's incompetence. By dropping the other plaintiffs,
leaving alone the incompetent Ramon to prosecute the
action, respondent made the second complaint wholly
defective and ineffectual to stop the running of the
prescriptive period.
B.M. No. 793 July 30, 2004 In a Memorandum dated February 20, 1997, then Bar
Confidant Atty. Erlinda C. Verzosa recommended that the
IN RE: SUSPENSION FROM THE PRACTICE OF LAW IN
Court obtain copies of the record of Maquera's case since the
THE TERRITORY OF GUAM OF ATTY. LEON G. MAQUERA.
documents transmitted by the Guam District Court do not
contain the factual and legal bases for Maquera's suspension
and are thus insufficient to enable her to determine whether
RESOLUTION Maquera's acts or omissions which resulted in his suspension
in Guam are likewise violative of his oath as a member of the
TINGA, J.:
Philippine Bar.4
May a member of the Philippine Bar who was disbarred or
Pursuant to this Court's directive in its Resolution dated
suspended from the practice of law in a foreign jurisdiction
March 18, 1997,5 the Bar Confidant sent a letter dated
where he has also been admitted as an attorney be meted
November 13, 1997 to the District Court of Guam requesting
the same sanction as a member of the Philippine Bar for the
for certified copies of the record of the disciplinary case
same infraction committed in the foreign jurisdiction? There
against Maquera and of the rules violated by him. 6
is a Rule of Court provision covering this case's central issue.
Up to this juncture, its reach and breadth have not undergone The Court received certified copies of the record of Maquera's
the test of an unsettled case. case from the District Court of Guam on December 8, 1997. 7
In a Letter dated August 20, 1996,1 the District Court of Thereafter, Maquera's case was referred by the Court to the
Guam informed this Court of the suspension of Atty. Leon G. Integrated Bar of the Philippines (IBP) for investigation report
Maquera (Maquera) from the practice of law in Guam for two and recommendation within sixty (60) days from the IBP's
(2) years pursuant to the Decision rendered by the Superior receipt of the case records.8
Court of Guam on May 7, 1996 in Special Proceedings Case
No. SP0075-94,2 a disciplinary case filed by the Guam Bar The IBP sent Maquera a Notice of Hearing requiring him to
Ethics Committee against Maquera. appear before the IBP's Commission on Bar Discipline on July
28, 1998.9 However, the notice was returned unserved
The Court referred the matter of Maquera's suspension in because Maquera had already moved from his last known
Guam to the Bar Confidant for comment in its Resolution address in Agana, Guam and did not leave any forwarding
dated November 19, 1996.3 Under Section 27, Rule 138 of address.10
the Revised Rules of Court, the disbarment or suspension of a
member of the Philippine Bar in a foreign jurisdiction, where On October 9, 2003, the IBP submitted to the Court its Report
he has also been admitted as an attorney, is also a ground and Recommendation and its Resolution No. XVI-2003-110,
for his disbarment or suspension in this realm, provided the indefinitely suspending Maquera from the practice of law
foreign court's action is by reason of an act or omission within the Philippines until and unless he updates and pays
his IBP membership dues in full.11
The IBP found that Maquera was admitted to the Philippine On January 15, 1994, the Guam Bar Ethics Committee
Bar on February 28, 1958. On October 18, 1974, he was (Committee) conducted hearings regarding Maquera's
admitted to the practice of law in the territory of Guam. He alleged misconduct.18
was suspended from the practice of law in Guam for
Subsequently, the Committee filed a Petition in the Superior
misconduct, as he acquired his client's property as payment
Court of Guam praying that Maquera be sanctioned for
for his legal services, then sold it and as a consequence
violations of Rules 1.519 and 1.8(a)20 of the Model Rules of
obtained an unreasonably high fee for handling his client's
Professional Conduct (Model Rules) in force in Guam. In its
case.12
Petition, the Committee claimed that Maquera obtained an
In its Decision, the Superior Court of Guam stated that on unreasonably high fee for his services. The Committee
August 6, 1987, Edward Benavente, the creditor of a certain further alleged that Maquera himself admitted his failure to
Castro, obtained a judgment against Castro in a civil case. comply with the requirement in Rule 1.8 (a) of the Model
Maquera served as Castro's counsel in said case. Castro's Rules that a lawyer shall not enter into a business transaction
property subject of the case, a parcel of land, was to be sold with a client or knowingly acquire a pecuniary interest
at a public auction in satisfaction of his obligation to adverse to a client unless the transaction and the terms
Benavente. Castro, however, retained the right of redemption governing the lawyer's acquisition of such interest are fair
over the property for one year. The right of redemption could and reasonable to the client, and are fully disclosed to, and
be exercised by paying the amount of the judgment debt understood by the client and reduced in writing. 21
within the aforesaid period.13
The Committee recommended that Maquera be: (1)
At the auction sale, Benavente purchased Castro's property suspended from the practice of law in Guam for a period of
for Five Hundred U.S. Dollars (US$500.00), the amount which two 2 years, however, with all but thirty (30) days of the
Castro was adjudged to pay him.14 period of suspension deferred; (2) ordered to return to Castro
the difference between the sale price of the property to the
On December 21, 1987, Castro, in consideration of Maquera's
Changs and the amount due him for legal services rendered
legal services in the civil case involving Benavente, entered
to Castro; (3) required to pay the costs of the disciplinary
into an oral agreement with Maquera and assigned his right
proceedings; and (4) publicly reprimanded. It also
of redemption in favor of the latter.15
recommended that other jurisdictions be informed that
On January 8, 1988, Maquera exercised Castro's right of Maquera has been subject to disciplinary action by the
redemption by paying Benavente US$525.00 in satisfaction Superior Court of Guam.22
of the judgment debt. Thereafter, Maquera had the title to
Maquera did not deny that Castro executed a quitclaim deed
the property transferred in his name.16
to the property in his favor as compensation for past legal
On December 31, 1988, Maquera sold the property to C.S. services and that the transaction, except for the deed itself,
Chang and C.C. Chang for Three Hundred Twenty Thousand was oral and was not made pursuant to a prior written
U.S. Dollars (US$320,000.00).17 agreement. However, he contended that the transaction was
made three days following the alleged termination of the
attorney-client relationship between them, and that the
property did not constitute an exorbitant fee for his legal Section 27. Disbarment or suspension of attorneys by
services to Castro.23 Supreme Court, grounds therefor.A member of the
bar may be disbarred or suspended from his office as
On May 7, 1996, the Superior Court of Guam rendered its
attorney by the Supreme Court for any deceit,
Decision24 suspending Maquera from the practice of law in
malpractice, or other gross misconduct in such
Guam for a period of two (2) years and ordering him to take
office, grossly immoral conduct, or by reason of his
the Multi-State Professional Responsibility Examination
conviction of a crime involving moral turpitude, or for
(MPRE) within that period. The court found that the attorney-
any violation of the oath which he is required to
client relationship between Maquera and Castro was not yet
take before admission to practice, or for a willful
completely terminated when they entered into the oral
disobedience appearing as attorney for a party to a
agreement to transfer Castro's right of redemption to
case without authority to do so. The practice of
Maquera on December 21, 1987. It also held that Maquera
soliciting cases at law for the purpose of gain, either
profited too much from the eventual transfer of Castro's
personally or through paid agents or brokers,
property to him since he was able to sell the same to the
constitutes malpractice.
Changs with more than US$200,000.00 in profit, whereas his
legal fees for services rendered to Castro amounted only to The disbarment or suspension of a member of
US$45,000.00. The court also ordered him to take the MPRE the Philippine Bar by a competent court or other
upon his admission during the hearings of his case that he disciplinatory agency in a foreign jurisdiction
was aware of the requirements of the Model Rules regarding where he has also been admitted as an attorney
business transactions between an attorney and his client "in is a ground for his disbarment or suspension if
a very general sort of way."25 the basis of such action includes any of the acts
hereinabove enumerated.
On the basis of the Decision of the Superior Court of Guam,
the IBP concluded that although the said court found The judgment, resolution or order of the foreign
Maquera liable for misconduct, "there is no evidence to court or disciplinary agency shall be prima facie
establish that [Maquera] committed a breach of ethics in the evidence of the ground for disbarment or
Philippines."26 However, the IBP still resolved to suspend him suspension (Emphasis supplied).
indefinitely for his failure to pay his annual dues as a member
The Court must therefore determine whether Maquera's acts,
of the IBP since 1977, which failure is, in turn, a ground for
namely: acquiring by assignment Castro's right of redemption
removal of the name of the delinquent member from the Roll
over the property subject of the civil case where Maquera
of Attorneys under Section 10, Rule 139-A of the Revised
appeared as counsel for him; exercising the right of
Rules of Court.27
redemption; and, subsequently selling the property for a
The power of the Court to disbar or suspend a lawyer for acts huge profit, violate Philippine law or the standards of ethical
or omissions committed in a foreign jurisdiction is found in behavior for members of the Philippine Bar and thus
Section 27, Rule 138 of the Revised Rules of Court, as constitute grounds for his suspension or disbarment in this
amended by Supreme Court Resolution dated February 13, jurisdiction.
1992, which states:
The Superior Court of Guam found that Maquera acquired his The Superior Court of Guam also hinted that Maquera's
client's property by exercising the right of redemption acquisition of Castro's right of redemption, his subsequent
previously assigned to him by the client in payment of his exercise of said right, and his act of selling the redeemed
legal services. Such transaction falls squarely under Article property for huge profits were tainted with deceit and bad
1492 in relation to Article 1491, paragraph 5 of the Civil Code faith when it concluded that Maquera charged Castro an
of the Philippines. Paragraph 5 of Article 1491 28 prohibits the exorbitant fee for his legal services. The court held that since
lawyer's acquisition by assignment of the client's property the assignment of the right of redemption to Maquera was in
which is the subject of the litigation handled by the lawyer. payment for his legal services, and since the property
Under Article 1492,29 the prohibition extends to sales in legal redeemed by him had a market value of US$248,220.00 as of
redemption. December 21, 1987 (the date when the right of redemption
was assigned to him), he is liable for misconduct for
The prohibition ordained in paragraph 5 of Article 1491 and
accepting payment for his legal services way beyond his
Article 1492 is founded on public policy because, by virtue of
actual fees which amounted only to US$45,000.00.
his office, an attorney may easily take advantage of the
credulity and ignorance of his client30 and unduly enrich Maquera's acts in Guam which resulted in his two (2)-year
himself at the expense of his client. suspension from the practice of law in that jurisdiction are
also valid grounds for his suspension from the practice of law
The case of In re: Ruste31 illustrates the significance of the
in the Philippines. Such acts are violative of a lawyer's sworn
aforementioned prohibition. In that case, the attorney
duty to act with fidelity toward his clients. They are also
acquired his clients' property subject of a case where he was
violative of the Code of Professional Responsibility,
acting as counsel pursuant to a deed of sale executed by his
specifically, Canon 17 which states that "[a] lawyer owes
clients in his favor. He contended that the sale was made at
fidelity to the cause of his client and shall be mindful the
the instance of his clients because they had no money to pay
trust and confidence reposed in him;" and Rule 1.01 which
him for his services. The Court ruled that the lawyer's
prohibits lawyers from engaging in unlawful, dishonest,
acquisition of the property of his clients under the
immoral or deceitful conduct. The requirement of good moral
circumstances obtaining therein rendered him liable for
character is not only a condition precedent to admission to
malpractice. The Court held:
the Philippine Bar but is also a continuing requirement to
Whether the deed of sale in question was executed maintain one's good's standing in the legal profession. 33
at the instance of the spouses driven by financial
It bears stressing that the Guam Superior Court's judgment
necessity, as contended by the respondent, or at the
ordering Maquera's suspension from the practice of law in
latter's behest, as contended by the complainant, is of
Guam does not automatically result in his suspension or
no moment. In either case an attorney occupies a
disbarment in the Philippines. Under Section 27, 34 Rule 138 of
vantage position to press upon or dictate his terms to
the Revised Rules of Court, the acts which led to his
a harassed client, in breach of the "rule so amply
suspension in Guam are mere grounds for disbarment or
protective of the confidential relations, which must
suspension in this jurisdiction, at that only if the basis of the
necessarily exist between attorney and client, and of
foreign court's action includes any of the grounds for
the rights of both".32
disbarment or suspension in this jurisdiction. 35 Likewise, the his acts which gave rise to the disciplinary proceedings
judgment of the Superior Court of Guam only constitutes against him in the Superior Court of Guam and his
prima facie evidence of Maquera's unethical acts as a subsequent suspension in said jurisdiction.
lawyer.36 More fundamentally, due process demands that he
The Bar Confidant is directed to locate the current and
be given the opportunity to defend himself and to present
correct address of Atty. Maquera in Guam and to serve upon
testimonial and documentary evidence on the matter in an
him a copy of this Resolution.
investigation to be conducted in accordance with Rule 139-B
of the Revised Rules of Court. Said rule mandates that a In the meantime, Atty. Maquera is SUSPENDED from the
respondent lawyer must in all cases be notified of the practice of law for ONE (1) YEAR or until he shall have paid
charges against him. It is only after reasonable notice and his membership dues, whichever comes later.
failure on the part of the respondent lawyer to appear during
the scheduled investigation that an investigation may be Let a copy of this Resolution be attached to Atty. Maquera's
conducted ex parte.37 personal record in the Office of the Bar Confidant and copies
be furnished to all chapters of the Integrated Bar of the
The Court notes that Maquera has not yet been able to Philippines and to all courts in the land.
adduce evidence on his behalf regarding the charges of
unethical behavior in Guam against him, as it is not certain SO ORDERED.
that he did receive the Noticeof Hearing earlier sent by the
Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-
IBP's Commission on Bar Discipline. Thus, there is a need to
Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez,
ascertain Maquera's current and correct address in Guam in
Carpio-Morales, Callejo, Sr., Azcuna, and Chico-Nazario, JJ.,
order that another notice, this time specifically informing him
concur.
of the charges against him and requiring him to explain why
he should not be suspended or disbarred on those grounds Corona, J., on leave.
(through this Resolution), may be sent to him.
SO ORDERED.
QUISUMBING, J.: Complainant blamed respondent for the reversal. She said
that she came to know of the reversal of the Labor Arbiters
In her Salaysay filed with the Office of the Bar Confidant on decision when she called respondent in October 2001. When
August 29, 2002, complainant, former client of respondent, she asked the respondent what they should do, respondent
charged respondent with negligence in handling her labor answered, "Paano iyan ihaehhindi ako marunong gumawa
case and threats against her person. ng Motion for Reconsideration." Sometime in November
2001, her husband called respondent to ask if he did
The complainant alleged that respondent Atty. Oscar R. Baria
anything in connection with the NLRCs Decision and he was
III, as her counsel in NLRC NCR CA No. 022654-00/NLRC RAB
advised by respondents secretary that, "Sabi ni Attyhuwag
IV-7-11287-99-R, Emma De Juan v. Triple AAA Antique/Mr.
na kayong magpakita sa kanya dahil galit na galit sa inyo si
Yappe and Mr. Godofredo Nadia, negligently failed to file
Attorney at baka kung ano pa ang magawa niya sa inyo." 8
motion for reconsideration of the decision dated September
24, 2001 of the NLRC in her behalf.1 The Court required respondent to comment and referred the
case to the Integrated Bar of the Philippines (IBP) for
The complainant avers that she was hired by Triple AAA on or
investigation, report and recommendation.9
about December 15, 1998 as packer on probation status for
six months in its Packing Department.2 Based on a
In his Comment, respondent explained that soon after contacted him and at some time, he even had to ask her
passing the bar in 1999, he was employed as a broadcaster whereabouts from her relatives.
in DWANs radio program offering free legal services to the
On December 2001, respondent received calls from the staff
poor. He gave free legal services to indigent clients one of
of Raffy Tulfo, a radio commentator. In one of these calls, his
whom was complainant. As a practice, he said he forewarned
wife talked to one of Tulfos employees and she was told that
his clients that he was just a new lawyer and that they should
complainant told Tulfo that the respondent received money
not expect too much from him because of his limited legal
from Triple AAA Antique. As a result Tulfo lambasted him on
experience. According to respondent he tried to explain to
his radio program. Respondent thereafter called Tulfo,
complainant the legal remedies available to her as well as
explained his side, and demanded that the latter apologize
the time her case may take. It appeared to him that
on air otherwise he would file a libel case against Tulfo.
complainant did not fully grasp the usual delays that may be
involved in her case. He recalled that when he told Sometime in January 2002, respondents secretary received a
complainant that the Labor Arbiters decision was in her call from the complainants husband. When respondents
favor, she was so jubilant at the money judgment. Later secretary confronted the husband regarding the Tulfo
however, the complainant became furious when he told her incident, complainants husband retorted, "Sabihin mo sa
that Triple AAA Antique had appealed. Respondent filed a kanya mag ingat siya at baka may mangyari sa kanya."
Motion for Writ of Execution of the Labor Arbiters Decision Shortly thereafter, respondent began receiving death threats
but this Motion was ruled premature. Respondent then filed over the phone and also noticed armed men casing his office.
an opposition to the appeal filed by Triple AAA but the NLRC He reported these calls and presence of suspicious armed
still gave due course to the appeal. While Triple AAAs appeal men to the police.
was pending resolution he told complainant to call him every
week so that she could be advised of any developments in Respondent surmises that complainant believed Triple AAA
her case. He generously suggested that complainant call paid him off and he pocketed money supposedly for her.
"collect" to lessen her expenses. He even allowed Respondent vehemently denied he did. He asks that Triple
complainant and her husband to stay in his home when they AAA be summoned to bear witness to his story. Respondent
came to Manila from the province. He said he even fed them asserts that he has not committed any breach of his oath and
when they were in Manila. that he has vigorously pursued his clients cause to the end.
He avers that it was his clients own negligence and folly that
In October 2001, the NLRC rendered its decision reversing caused her to lose her case. He asks that the complaint be
the Labor Arbiter. By this time, according to respondent, he dismissed.
confronted complainant for lying to him about her
employment with Triple AAA and told her that because of her In a Resolution dated March 15, 2003, this Court referred the
lies there was a possibility she could lose the appeal. He case to the IBP for investigation, report and recommendation.
advised complainant to get a more experienced lawyer for In turn, the IBP Commission on Bar Discipline required
her appeal because as a new lawyer he was not confident he complainant to reply. In her reply written in Filipino,
could handle her appeal. Thereafter, complainant no longer complainant denied that she accepted money from
respondent during the pendency of her labor case, except on
one occasion when she borrowed P100 from respondents The records reveal that indeed the respondent did not file a
secretary for travel fare back to the province. She reiterated motion for reconsideration of the NLRC such that the said
that she filed her Salaysay because of respondents failure to decision eventually had become final and executory.
file a motion for reconsideration. She further insists that she Respondent does not refute this. His excuse that he did not
does not believe that respondent did not know how to file a know how to file a motion for reconsideration is lame and
motion for reconsideration as he claims since she was aware unacceptable. After complainant had expressed an interest to
that even a law student would know how to. file a motion for reconsideration, it was incumbent upon
counsel to diligently return to his books and re-familiarize
In its Resolution dated August 30, 2003, the IBP approved the
himself with the procedural rules for a motion for
recommendation of the Commission on Bar Discipline. The
reconsideration. Filing a motion for reconsideration is not a
IBP Board of Governors found respondent guilty of negligence
complicated legal task.
in handling the aforecited labor case and recommended that
respondent be suspended from practicing law for three We are however, not unaware that respondent had been
months. The charge of grave threats was dismissed for forthright and candid with his client when he warned her of
complainants failure to substantiate the same.10 his lack of experience as a new lawyer. We are also not
unaware that he had advised complainant to get a new
The core issue is whether the respondent committed culpable
lawyer. However, his candor cannot absolve him. As already
negligence, as would warrant disciplinary action, in failing to
stressed by this Court:
file for the complainant a motion for reconsideration from the
decision of the NLRC. A lawyer is expected to be familiar with these
rudiments of law and procedure and anyone who
No lawyer is obliged to advocate for every person who may
acquires his service is entitled to not just competent
wish to become his client, but once he agrees to take up the
service but also whole-hearted devotion to his clients
cause of a client, the lawyer owes fidelity to such cause and
cause. It is the duty of a lawyer to serve his client with
must be mindful of the trust and confidence reposed in him. 11
competence and diligence and he should exert his best
Further, among the fundamental rules of ethics is the
efforts to protect within the bounds of law the interest
principle that an attorney who undertakes an action impliedly
of his client. A lawyer should never neglect a legal
stipulates to carry it to its termination, that is, until the case
matter entrusted to him, otherwise his negligence in
becomes final and executory. A lawyer is not at liberty to
fulfilling his duty will render him liable for disciplinary
abandon his client and withdraw his services without
action.15
reasonable cause and only upon notice appropriate in the
circumstances.12 Any dereliction of duty by a counsel, affects Again, the Court held in the case of Santos v. Lazaro,16 that
the client.13 This means that his client is entitled to the "Rule 18.03 of the Code of Professional Responsibility 17
benefit of any and every remedy and defense that is explicitly provides that negligence of lawyers in connection
authorized by the law and he may expect his lawyer to assert with legal matters entrusted to them for handling shall
every such remedy or defense.14 render them liable.
Without a proper revocation of his authority and withdrawal
as counsel, respondent remains counsel of record and
whether or not he has a valid cause to withdraw from the
case, he cannot just do so and leave his client out in the cold.
An attorney may only retire from the case either by a written
consent of his client or by permission of the court after due
notice and hearing, in which event the attorney should see to
it that the name of the new attorney is recorded in the case. 18
Respondent did not comply with these obligations.
SO ORDERED.
SO ORDERED.
This case unfolded with a verified Complaint 2 filed on January Respondent failed to submit the required affidavits and
12, 1993 by complainant Artemio Endaya against respondent position paper, as may be gleaned from the Decision dated
Atty. Wifredo Oca for violation of the lawyers oath and what March 19, 1992 of the MCTC where it was noted that only the
complainant termed as professional delinquency or infidelity. plaintiffs submitted their affidavits and position papers. 8
3
The antecedents are:
Nonetheless, the court dismissed the complaint for unlawful
On November 7, 1991, a complaint for unlawful detainer detainer principally on the ground that the plaintiffs are not
docketed as Civil Case No. 34-MCTC-T was filed with the the real parties-in-interest. The dispositive portion of the
Municipal Circuit Trial Court of Taysan-Lobo, Batangas by Decision reads:
WHEREFORE, this case is hereby dismissed on the pay the monthly rental of P25.00 from the month of
ground that the plaintiffs have no legal capacity to sue January 1991 to November 1991 and ONE THOUSAND
as they are not the real party (sic)in interest, in (P1,000.00) PESOS monthly from December 1991 until
addition to the fact that there is no privity of contract the defendants finally vacate and surrender possession
between the plaintiffs and the defendants as to the of the subject property to the plaintiffs and to pay
verbal lease agreement. attorneys fee in the amount of TEN THOUSAND
(P10,000.00) PESOS.
SO ORDERED. 9
No pronouncement as to cost. 16
Plaintiffs appealed the Decision to the Regional Trial Court
(RTC) of Batangas City, Branch 1, where the case was Complainant received a copy of the Decision on October 7,
docketed as Civil Case No. 3378. On April 10, 1992, the RTC 1992. Two days later, or on October 9, 1992, complainant
directed the parties to file their respective memoranda. 10 confronted respondent with the adverse decision but the
Once again, respondent failed the complainant and his wife. latter denied receipt of a copy thereof. Upon inquiry with the
As observed by the RTC in its Decision 11 dated September 7, Branch Clerk of Court, however, complainant found out that
1992, respondent did not file the memorandum for his respondent received his copy back on September 14, 1992. 17
clients, thereby prompting the court to consider the case as
Having lost the unlawful detainer case, on January 12, 1993
submitted for decision. 12
complainant filed the present administrative complaint
In its Decision, the RTC reversed the decision appealed from against the respondent for professional delinquency
as it held that plaintiffs are the co-owners of the property in consisting of his failure to file the required pleadings in behalf
dispute and as such are parties-in-interest. 13 It also found of the complainant and his spouse. Complainant contends
that the verbal lease agreement was on a month-to-month that due to respondents inaction he lost the opportunity to
basis and perforce terminable by the plaintiffs at the end of present his cause and ultimately the case itself. 18
any given month upon proper notice to the defendants. 14 It
In his Comment 19 dated March 17, 1993, respondent denies
also made a finding that defendants incurred rentals in
that he committed professional misconduct in violation of his
arrears. 15 The decretal portion of the Decision reads, thus:
oath, stressing that he was not the original counsel of
WHEREFORE, premises considered, the Decision of the complainant and his spouse. 20 He further avers that when he
Municipal Circuit Trial Court of Taysan-Lobo dated agreed to represent complainant at the continuation of the
March 19, 1992, is REVERSED and SET ASIDE and new preliminary conference in the main case, it was for the sole
one entered, to wit: purpose of asking leave of court to file an amended answer
because he was made to believe by the complainant that the
Defendants ARTEMIO ENDAYA and PATROSENIA
answer was prepared by a non-lawyer. Upon discovering that
ENDAYA and all persons claiming under them are
the answer was in fact the work of a lawyer, forthwith he
hereby ordered to vacate and dismantle their house on
asked the court to relieve him as complainants counsel, but
the land subject of the verbal lease agreement at their
he was denied. He adds that he agreed to file the position
own expense. The defendants are likewise ordered to
paper for the complainant upon the latters undertaking to
provide him with the documents which support the position It is to be noted that after appearing at the preliminary
that plaintiffs are not the owners of the property in dispute. conference before the Municipal Circuit Trial Court,
As complainant had reneged on his promise, he claims that respondent was never heard from again. Respondents
he deemed it more prudent not to file any position paper as it seeming indifference to the cause of his client,
would be a repetition of the answer. He offers the same specially when the case was on appeal, caused the
reason for not filing the memorandum on appeal with the defeat of herein complainant. Respondent practically
RTC. Finally, respondent asserts that he fully explained his abandoned complainant in the midst of a storm. This is
stand as regards Civil Case No. 34-MCTC-T to the even more made serious of the fact that respondent,
complainant. 21 at that time, was assigned at the Public Attorneys
Office- a government entity mandated to provide free
Pursuant to our Resolution 22 dated May 10, 1993,
and competent legal assistance.
complainant filed his Reply 23 to respondents Comment
wherein he merely reiterated his allegations in the Complaint. A lawyers devotion to his clients cause not only
requires but also entitles him to deploy every
On July 28, 1993, this Court directed respondent to file his
honorable means to secure for the client what is justly
rejoinder within ten days from notice of our Resolution. 24 But
due him or to present every defense provided by law
he failed to do so despite the lapse of a considerable period
to enable the latters cause to succeed. (Miraflor vs.
of time. This prompted the Court to require respondent to
Hagad, 244 SCRA 106)
show cause why he should not be disciplinarily dealt with or
held in contempt and to file his rejoinder, both within ten (10) ....
days from notice. 25
The facts, however, do not show that respondent
26
In his Explanation dated February 28, 1997, respondent employed every legal and honorable means to
admits having received a copy of the resolution requiring him advance the cause of his client. Had respondent tried
to file a rejoinder. However, he asserts that he purposely did his best, he could have found some other defenses
not file a rejoinder for he believed in good faith that a available to his client; but respondent was either too
rejoinder to complainants reply is no longer necessary. 27 He lazy or too convinced that his client had a losing case.
professes that in electing not to file a rejoinderhe did not
....
intend to cast disrespect upon the Court. 28
For intentionally failing to submit the pleadings
On June 16, 1997, we referred this case to the Office of the
required by the court, respondent practically closed
Bar Confidant for evaluation, report and recommendation. 29
the door to the possibility of putting up a fair fight for
In its Report 30 dated February 6, 2001, the Office of the Bar his client. As the Court once held, A client is bound by
Confidant found respondent negligent in handling the case of the negligence of his lawyer. (Diaz-Duarte vs. Ong, 298
complainant and his wife and recommended that he be SCRA 388) 31
suspended from the practice of law for one month. The
However, the Bar Confidant did not find complainant entirely
pertinent portions of the Report read, thus:
faultless. She observed, viz:
Respondents allegation that complainant failed in his unnecessary or futile to file the pleadings. This was true with
promise to submit the documents to support his claim respect to the affidavits and position paper at the MCTC level,
was not denied by complainant; hence, it is deemed the appeal memorandum at the RTC level and the rejoinder
admitted. Complainant is not without fault; for at this Courts level. In the last instance, it took respondent as
misrepresenting that he could prove his claim through long as three years, under compulsion of a show cause order
supporting documents, respondent was made to at that, only to manifest his predisposition not to file a
believe that he had a strong leg to stand on. A party rejoinder after all. In other words, at the root of respondents
cannot blame his counsel for negligence when he transgressions is his seeming stubborn mindset against the
himself was guilty of neglect. (Macapagal vs. Court of acts required of him by the courts. This intransigent attitude
Appeals, 271 SCRA 491) 32 not only belies lack of diligence and commitment but evinces
absence of respect for the authority of this Court and the
On April 18, 2001, we referred the case to the Integrated Bar
other courts involved.
of the Philippines for investigation, report and
recommendation. The lawyers oath embodies the fundamental principles that
guide every member of the legal fraternity. From it springs
Several hearings were set by the IBP but complainant did not
the lawyers duties and responsibilities that any infringement
appear even once. Respondent attended five hearings, but
thereof can cause his disbarment, suspension or other
he failed to present evidence in support of his defense, as
disciplinary action. 35
required by Investigating Commissioner Victor C. Fernandez.
This compelled the latter to make his report on the basis of Found in the oath is the duty of a lawyer to protect and
the pleadings and evidence forwarded by the Office of the safeguard the interest of his client. Specifically, it requires a
Bar Confidant. lawyer to conduct himself to the best of his knowledge and
discretion with all good fidelity as well to the courts as to his
On October 11, 2002, Commissioner Fernandez issued his
clients. 36 This duty is further stressed in Canon 18 of the
Report 33 wherein he concurred with the findings and
Code of Professional Responsibility which mandates that (A)
recommendation of the Office of the Bar Confidant.
lawyer shall serve his client with competence and diligence.
In a Resolution 34 dated April 26, 2003, the IBP Board of
In this case, evidence abound that respondent failed to
Governors adopted the Report of Commissioner Fernandez.
demonstrate the required diligence in handling the case of
The Court is convinced that respondent violated the lawyers complainant and his spouse. As found by the Office of the Bar
oath not only once but a number of times in regard to the Confidant, 37 after appearing at the second preliminary
handling of his clients cause. The repeated violations also conference before the MCTC, respondent had not been heard
involve defilement of several Canons in the Code of of again until he commented on the complaint in this case.
Professional Responsibility. Without disputing this fact, respondent reasons out that his
appearance at the conference was for the sole purpose of
Right off, the Court notes that respondent attributes his obtaining leave of court to file an amended answer and that
failure to file the required pleadings for the complainant and when he failed to obtain it because of complainants fault he
his wife invariably to his strong personal belief that it was asked the court that he be relieved as counsel. 38 The
explanation has undertones of dishonesty for complainant mandates that (A) lawyer shall not neglect a legal matter
had engaged respondent for the entire case and not for just entrusted to him and his negligence in connection therewith
one incident. The alternative conclusion is that respondent shall render him liable.
did not know his procedure for under the Rules on Summary
Respondents failure to file the affidavits and position paper at
Procedure 39 the amended answer is a prohibited pleading.
the MCTC did not actually prejudice his clients, for the court
Even assuming respondent did in fact ask to be relieved, this nevertheless rendered a decision favorable to them.
could not mean that less was expected from him. Once a However, the failure is per se a violation of Rule 18.03.
lawyer takes the cudgels for a clients case, he owes it to his
It was respondents failure to file appeal memorandum before
client to see the case to the end. This, we pointed out in
the RTC which made complainant and his wife suffer as it
Legarda v. Court of Appeals, 40 thus:
resulted in their loss of the case. As found by the Office of the
It should be remembered that the moment a lawyer Bar Confidant, to which we fully subscribe, in not filing the
takes a clients cause, he covenants that he will exert appeal memorandum respondent denied complainant and his
all effort for its prosecution until its final conclusion. A spouse the chance of putting up a fair fight in the dispute.
lawyer who fails to exercise due diligence or abandons Canon 19 prescribes that (A) lawyer shall represent his client
his clients cause make him unworthy of the trust with zeal within the bounds of the law. He should exert all
reposed on him by the latter. 41 efforts to avail of the remedies allowed under the law.
Respondent did not do so, thereby even putting to naught
Also, we held in Santiago v. Fojas, 42 every case a lawyer
the advantage which his clients apparently gained by
accepts deserves his full attention, diligence, skill, and
prevailing at the MCTC level. Verily, respondent did not even
competence, regardless of its importance and whether he
bother to put up a fight for his clients. Clearly, his conduct
accepts if for a fee or for free. In other words, whatever the
fell short of what Canon 19 requires and breached the trust
lawyers reason is for accepting a case, he is duty bound to do
reposed in him by his clients.
his utmost in prosecuting or defending it.
We cannot sustain respondents excuse in not filing the
Moreover, a lawyer continues to be a counsel of record until
affidavits and position paper with the MCTC and the appeal
the lawyer-client relationship is terminated either by the act
memorandum with the RTC. He claims that he did not file the
of his client or his own act, with permission of the court. Until
required pleadings because complainant failed to furnish him
such time, the lawyer is expected to do his best for the
with evidence that would substantiate complainants
interest of his client 43
allegations in the answer. He argues that absent the
Thus, when respondent was directed to file affidavits and supporting documents, the pleadings he could have filed
position paper by the MCTC, and appeal memorandum by the would just be a repetition of the answer. However,
RTC, he had no choice but to comply. However, respondent respondent admits in his comment that complainant
did not bother to do so, in total disregard of the court orders. furnished him with the affidavit of persons purporting to be
This constitutes negligence and malpractice proscribed by barangay officials attesting to an alleged admission by
Rule 18.03 of the Code of Professional Responsibility which Felomino Hernandez, the brother of the plaintiffs in the
unlawful detainer case, that he had already bought the
disputed property. 44 This did not precipitate respondent into Obviously, he tried to evade responsibility for his negligence.
action despite the evidentiary value of the affidavit, which In doing so, respondent was untruthful to complainant and
was executed by disinterested persons. Said affidavit could effectively betrayed the trust placed in him by the latter.
have somehow bolstered the claim of complainant and his
On top of all these is respondents employment as a lawyer of
wife which was upheld by the MCTC that plaintiffs are not the
the Public Attorneys Office which is tasked to provide free
real parties-in-interest. While respondent could have thought
legal assistance for indigents and low-income persons so as
this affidavit to be without probative value, he should have
to promote the rule of law in the protection of the rights of
left it to the sound judgment of the court to determine
the citizenry and the efficient and speedy administration of
whether the affidavit supports the assertions of his clients.
justice. 47 Against this backdrop, respondent should have
That could have happened had he filed the required position
been more judicious in the performance of his professional
paper and annexed the affidavit thereto.
obligations. As we held in Vitriola v. Dasig 48 lawyers in the
Further, notwithstanding his belief that without the government are public servants who owe the utmost fidelity
supporting documents filing the required pleadings would be to the public service. Furthermore, a lawyer from the
a futile exercise, still respondent should have formally and government is not exempt from observing the degree of
promptly manifested in court his intent not to file the diligence required in the Code of Professional Responsibility.
pleadings to prevent delay in the disposition of the case. 45 Canon 6 of the Code provides that the canons shall apply to
Specifically, the RTC would not have waited as it did for the lawyers in government service in the discharge of their
lapse of three months from June 5,1992, the date when official tasks.
plaintiffs-appellants submitted their appeal memorandum,
At this juncture, it bears stressing that much is demanded
before it rendered judgment. Had it known that respondent
from those who engage in the practice of law because they
would not file the appeal memorandum, the court could have
have a duty not only to their clients, but also to the court, to
decided the case much earlier.
the bar, and to the public. The lawyers diligence and
For his failure to inform the court, respondent violated Canon dedication to his work and profession not only promote the
12, to wit: interest of his client, it likewise help attain the ends of justice
by contributing to the proper and speedy administration of
Canon 12: A lawyer shall exert every effort and
cases, bring prestige to the bar and maintain respect to the
consider it his duty to assist in the speedy and efficient
legal profession. 49
administration of justice.
The determination of the appropriate penalty to be imposed
Respondent likewise failed to demonstrate the candor he
on an errant attorney involves the exercise of sound judicial
owed his client. Canon 17 provides that (A) lawyer owes
discretion based on the facts of the case. 50 In cases of
fidelity to the cause of his client and he shall be mindful of
similar nature, the penalty imposed by this Court consisted of
the trust and confidence reposed in him. When complainant
reprimand, 51 fine of five hundred pesos with warning, 52
received the RTC decision, he talked to respondent about it. 46
suspension of three months, 53 six months, 54 and even
However, respondent denied knowledge of the decision
disbarment in aggravated cases. 55
despite his receipt thereof as early as September 14, 1992.
The facts and circumstances in this case indubitably show the answer that plaintiffs were no longer the owners of the
respondents failure to live up to his duties as a lawyer in property in dispute. However, all that he could provide
consonance with the strictures of the lawyers oath and the respondent was the affidavit of the barangay officials. Last
Code of Professional Responsibility, thereby warranting his but not least, it is of public knowledge that the Public
suspension from the practice of law. At various stages of the Attorneys Office is burdened with a heavy caseload.
unlawful detainer case, respondent was remiss in the
All things considered, we conclude that suspension for two
performance of his duty as counsel.
(2) months from the practice of law is the proper and just
To reiterate, respondent did not submit the affidavits and penalty.
position paper when required by the MCTC. With his
WHEREFORE, respondent Atty. Wilfredo Oca is ordered
resolution not to file the pleadings already firmed up, he did
SUSPENDED from the practice of law for two (2) months from
not bother to inform the MCTC of his resolution in mockery of
notice, with the warning that a similar misconduct will be
the authority of the court. His stubbornness continued at the
dealt with more severely. Let a copy of this decision be
RTC, for despite an order to file an appeal memorandum,
attached to respondents personal record in the Office of the
respondent did not file any. Neither did he manifest before
Bar Confidant and copies be furnished to all chapters of the
the court that he would no longer file the pleading, thus
Integrated Bar of the Philippines (IBP) and to all the courts in
further delaying the proceedings. He had no misgivings about
the land.
his deviant behavior, for despite receipt of a copy of the
adverse decision by the RTC he opted not to inform his clients SO ORDERED.
accordingly. Worse, he denied knowledge of the decision
when confronted by the complainant about it. Bellosillo, (Chairman), Quisumbing, Austria-Martinez, and
Callejo, Sr., JJ., concur.
At this Courts level, respondents stubborn and uncaring
demeanor surfaced again when he did not file a rejoinder to
complainants reply.
G.R. No. 166386 January 27, 2009 Cirila delos Santos (respondent) is a duly licensed real estate
broker.
DOMINGA RUIZ, APOLONIA RUIZ, FLORENCIO RUIZ,
CORNELIA RUIZ, OLIMPIO RUIZ, and HEIRS OF TOMASA Sometime in 1995, Olimpio gave respondent the plan of the
RUIZ, Petitioners, subject property and verbally authorized her to sell the same.
vs. Thereafter, respondent referred in writing the subject
CIRILA DELOS SANTOS, Respondent.**** property to Odessa Antiporda (Antiporda), a realtor and a
fellow estate broker, who had earlier informed respondent
that she had a prospective buyer interested to buy a land
DECISION with an area of about 15 to 20 hectares to be used as a
retirement village. Antiporda in turn referred the subject
AUSTRIA-MARTINEZ, J.: property to one Alfred Tantiansu (Tantiansu). Olimpio then
gave respondent a written authority to sell the same. 3
Before us is a petition for review on certiorari and mandamus
seeking that the Resolutions dated September 21, 2004 1 and In May 1996, respondent introduced Olimpio to Tantiansu and
December 21, 20042 of the Court of Appeals (CA) in CA-G.R. they all went together to the location of the properties.
SP No. 85872 be reversed and set aside; and that the CA be Tantiansu showed interest in the properties and asked for the
directed to give due course to the petition for certiorari, lowering of price, which Olimpio pegged at P315.00 per
prohibition and mandamus filed before it by herein square meter. Respondent asked Olimpio for the renewal of
petitioners. her authority, to sell to which the former obliged. In the
authority to sell, it was specified that she would still be paid
A brief factual background is necessary for a proper
her commission even after the said authority expired,
perspective in the resolution of herein petition.
provided she registered in writing her prospective buyer with
Dominga, Apolonia, Florencio, Cornelia, Tomasa and Olimpio, whom she negotiated during the period of authority.
all surnamed Ruiz (petitioners), were the original owners of Accordingly, respondent notified petitioners in writing that
seven parcels of land with a total area of 194,284 square Tantiansu was her buyer. 4
meters located in Barangay Kaytinga, Alfonso, Cavite,
A meeting was subsequently held among Olimpio,
covered by OCT No. P-4017 in the name of Tomasa, covering
respondent and Tantiansu in Tantiansu's office where the
prospective buyer showed interest in buying the properties. A from Tantiansu; but after Tantiansu's death, and failing to
few weeks later, a meeting was held between Olimpio and collect any broker's commission from said buyer, respondent
Tantiansu only, without respondent. Olimpio asked commenced the present action against them.
respondent to lower her commission from 5% to 2.5%;
Issues having been joined, a full-blown trial on the merits
otherwise, the sale would not push through. But respondent,
ensued.
through a letter sent to Olimpio, answered that she was
amenable to a commission of 4%.5 On September 22, 2003, the RTC7 rendered its judgment, the
dispositive portion of which reads:
Respondent later learned that the properties were sold to
different corporations at P60.00 per square meter, as WHEREFORE, judgment is rendered in favor of plaintiff
indicated in the deeds of sale. Upon her verification of the [respondent] and against the defendants [petitioners],
articles of incorporation of the corporation-buyers with the ordering the latter to pay the plaintiff jointly and
Securities and Exchange Commission, she found out that the severally the sum of P2,447,524.80 plus legal interest
corporations were owned by Tantiansu. Respondent then thereon from the filing of the complaint and moral
demanded the payment of her broker's commission, but was damages of P500,000.00 as well as exemplary
unheeded. damages of P200,000.00 and attorney's fees of
P100,000.00 and P2,000.00 per court appearance and
Respondent filed with the Regional Trial Court (RTC), Branch
to pay the cost.8
275, Las Pias City, a complaint6 for collection of sum of
money and damages against all petitioners, alleging that it Petitioners filed their notice of appeal. 9 On November 6,
was through her effort as a real estate broker that she was 2003, respondent filed her Comment and/or opposition
able to bring about the consummation of the sale of the thereto, alleging that the appeal was not perfected for failure
subject property, to petitioners' immense gain and benefits; of petitioners to file the docket/appeal fee within the
that despite the sale and her repeated demands, petitioners reglementary period to appeal.
refused to pay her broker's fee.
In an Order10 dated January 16, 2004, the RTC denied
Petitioners "Domingo Ruiz, et al." filed their Answer with petitioners' appeal and considered the appeal barred for
counterclaim and alleged as affirmative defense that at the failure of petitioners to pay the appeal fee within the
time of the consummation of the sale of the subject reglementary period as provided under Section 4, Rule 41 of
properties, there was no longer any existing broker's the Rules of Civil Procedure. It ruled that the decision had
agreement between them; that respondent had no more already become final and executory, and there was nothing
authority from them to sell the properties or, assuming there more to be appealed to the CA.
was such authority, the same had already lapsed or expired;
that it was petitioners' understanding at the time of the sale With the denial of their appeal, petitioners filed a petition for
of the subject properties that Tantiansu, the buyer, would be relief11 alleging that they were prevented from awaiting
responsible for the payment of the broker's commission, themselves of an appeal due to mistake and excusable
whoever the broker may be; that petitioners knew that negligence of their counsel on record, and that they had a
respondent had initially claimed her broker's commission good and substantial defense. Attached to the petition was
the Affidavit of Merit of Atty. Mark Edsel Ang (Atty. Ang), Petitioners filed a petition for certiorari, prohibition, and
petitioners' former counsel, wherein he stated that when he mandamus with prayer for the issuance of a temporary
received the decision on September 30, 2003, he restraining order/writ of preliminary injunction with the CA,
immediately sent copies thereof to petitioners by registered verified and certified by Dominga, seeking to set aside the
mail, as four of the six petitioners live abroad while the other following: (1) Order dated January 16, 2004, which denied
two live in Cavite; that he communicated with the RTC Clerk petitioners' notice of appeal; (2) Decision dated June 18,
of Court the fact that a notice of appeal was already filed and 2004 denying petitioners' petition for relief; (3) Order dated
the fees would be paid as soon as he got the confirmation of June 24, 2004 declaring the Decision as final and executory
petitioners' desire to appeal, to which the clerk of court gave and granting the motion for execution filed by respondent;
her assurance on the acceptance of the late payment of (4) notice of garnishment issued on July 5, 2004; and notice
docket fees; that he received a long distance call from of sale.
petitioner Cornelia on October 15, 2003 confirming
On September 21, 2004, the CA dismissed the petition, the
petitioners' desire to appeal the decision; thus, he paid the
dispositive portion of which reads:
appellate fees on October 24, 2003. Atty. Ang admitted that it
was through his negligence that the appeal was belatedly WHEREFORE, for being procedurally flawed, at the very
filed. least, this petition is hereby DENIED DUE COURSE, and
consequently DISMISSED. And since the temporary
In its Decision12 dated June 18, 2004, the RTC denied the
restraining order and/or writ of preliminary injunction is
petition for relief for lack of merit. The RTC found no merit in
merely an adjunct to the main case, the same must be
petitioners' contention that the error of counsel to pay the
pro tanto denied. 16
appellate fees in due time was a mistake constituting
excusable negligence and ruled that the mistake of counsel The reasons given by the CA dismissing the petition outright
binds his client. The RTC held that petitioners' claim of a good are as follows:
and valid defense was belied by the court's findings and
conclusions contained in its Decision dated September 22, (1) No motion for reconsideration was filed against the
2003. challenged Order issued by the respondent judge on
January 16, 2004. Well settled is the rule that a filing of
In an Order13 dated June 24, 2004, the RTC granted the a motion for reconsideration is a prerequisite to the
motion for execution filed by respondent on the ground that institution of a special civil action for certiorari.
the decision dated September 22, 2003 had already become
final and executory. (2) The names of the heirs of the petitioner Tomasa
Ruiz are not indicated, in violation of the first par.
On July 5, 2004, notices of garnishment 14 were issued to the Section 3, Rule 46 of the 1997 Rules, which requires
different banks by sheriff Josefino Ortiz. Notice 15 of sale on that the "petition shall contain the full names and
execution of the subject property was scheduled on actual addresses of all petitioners and respondents, a
September 3, 2004. concise statement of the matters involved, the factual
background of the case, and the grounds relied upon Under the peculiar circumstances of the present case, we
for the relief prayed for." agree with petitioners. There is no question that the filing of
a motion for reconsideration before resort to certiorari will lie
(3) There is no special power of attorney executed by
is intended to afford the court an opportunity to correct any
the said heirs authorizing Dominga to sign the
actual or fancied error attributed to it by way of re-
verification and certification in their own behalf. 17
examination of the legal and factual aspects of the case. 19
Petitioners' motion for reconsideration was denied in the
However, the filing of a motion for reconsideration before
assailed Resolution dated December 21, 2004, as the CA
availing of the remedy of certiorari is not always a sine qua
found that the arguments put forward in the motion were a
non20 requirement, as there are recognized exceptions: (a)
virtual rehash of those alleged in support of the petition.
where the order is a patent nullity, as where the court a quo
Hence, herein petition raising the following issues: has no jurisdiction; (b) where the questions raised in the
certiorari proceedings have been duly, or are the same
1. WHETHER A MOTION FOR RECONSIDERATION IS as those, raised and passed upon by the lower court;
REQUIRED BEFORE RESORTING TO THE PETITION FOR (c) where there is an urgent necessity for the
CERTIORARI FILED BY PETITIONERS BEFORE THE CA; resolution of the question and any further delay would
prejudice the interests of the government or of the
2. WHETHER THE NAMES OF THE HEIRS OF THE
petitioner, or the subject matter of the action is
PETITIONER TOMASA RUIZ ARE INDICATED IN THE
perishable; (d) where, under the circumstances, a
PETITION;
motion for reconsideration would be useless; (e) where
3. WHETHER THERE IS NO SPECIAL POWER OF petitioner was deprived of due process and there is extreme
ATTORNEY EXECUTED BY SAID HEIRS AUTHORIZING urgency for relief; (f) where, in a criminal case, relief from an
PETITIONER TO SIGN THE VERIFICATION AND order of arrest is urgent and the granting of such relief by the
CERTIFICATION ON THEIR OWN BEHALF. trial court is improbable; (g) where the proceedings in the
lower court are a nullity for lack of due process; (h) where the
4. WHETHER THE CA ACTED WITH HASTE ON ITS proceedings were ex parte, or in which the petitioner had no
BASESLESS CONCLUSION THAT PETITIONERS' MOTION opportunity to object; and (i) where the issue raised is one
FOR RECONSIDERATION IS A VIRTUAL REHASH OF purely of law, or public interest is involved. 21 We find this
THOSE ALLEGED IN SUPPORT OF ITS PETITION. 18 case falling under exceptions b, c and d.
The parties filed their respective memoranda. Petitioners' notice of appeal was earlier denied by the RTC
Anent the first issue, petitioners assert that the CA erred in due to the late payment of docket fees, and it ruled that its
finding that the filing of a motion for reconsideration is a decision dated September 22, 2003 had already become final
prerequisite for the institution of a special civil action for and executory and there was nothing more to be appealed to
certiorari. the CA. Clearly then, a motion for reconsideration would be
useless in the light of such declaration by the RTC.
Petitioners' subsequent petition for relief from the denial of substantial compliance with the requirement that the full
appeal was denied by the RTC in its Decision dated June 18, names and actual residents of all petitioners must be stated,
2004. The court reiterated its disquisition found in its main since all the petitioners are the only children of the late
decision dated September 22, 2003. In fact, just after the Tomasa Ruiz, a fact that they had sufficiently alleged in their
petition for relief was denied on June 18, 2004, the RTC petition. We find such explanation plausible, considering that
issued an Order dated June 24, 2004 granting the motion for the phrase "heirs of Tomasa Ruiz" was followed by the words
execution filed by respondent. Thereafter, on July 5, 2004, "all the above," which means that the heirs of Tomasa are the
notices of garnishment of petitioners' goods, stocks, interest persons whose names are immediately preceding.
on stocks, shares and any other personal properties in their
As to the third issue, we also find that the CA erred in finding
control and possession were already served by the sheriff on
that there were no special powers of attorney (SPAs)
the different banks. Thus, petitioners sufficiently showed that
executed by the heirs of Tomasa authorizing petitioner
there was an urgent necessity for the filing of the petition
Dominga to sign the verification and certification on their
with the CA to rule on the issue of the denial of appeal and
behalf. However, an examination of the CA rollo shows that
the petition for relief.
when the petition was filed with the CA, attached were
Anent the second issue, the CA erred in finding that the separate SPAs23 of petitioners Apolonia, Cornelia, Olimpio,
names of the heirs of petitioner Tomasa Ruiz were not Florencio, the heirs of Tomasa, executed in favor of their co-
indicated in the petition. In the petition filed before the CA, it petitioner Dominga, giving her the authority to sign the
was alleged that the petitioners are as follows: required verification and certification of non-forum shopping.
Dominga Ruiz, resident of Kaytinga, Alfonso Cavite; Anent the fourth issue, we rule that the CA hastily concluded
that the allegations in petitioners' motion for reconsideration
Apolonia Ruiz, resident of 105 Eagle Head Drive, Fort
of the Resolution dated September 21, 2000, were a mere
Washington, Maryland, USA;
rehash of those in support of their petition for certiorari.
Cornelia Ruiz, resident of 12903 Turnberry Circle, Fort Notably, the motion had sufficiently stated the circumstances
Washington, Maryland, USA; which would excuse petitioners for their non-filing of a motion
for reconsideration of the RTC decision dated June 24, 2004
Olimpio Ruiz, resident of 4510 N. Troy, Chicago, Illinois, before resorting to a petition for certiorari in the CA, to wit:
USA; the RTC's declaration that its decision had already become
final and executory and that there was nothing more to be
Florencio Ruiz, resident of Detecon Al Saudia Co. Ltd.,
appealed to the CA; and the granting of respondent's motion
PO Box 31443, Jeddah, 21497;
for execution as well as the sheriff's implementation of such
Heirs of Tomasa Ruiz, all the above residents of the writ by the issuance of notices of garnishment. Petitioners
above-mentioned addresses.22 also pointed out to the CA that it had overlooked the fact that
the names of the heirs of Tomasa Ruiz were alleged in the
In their motion for reconsideration of the CA Resolution dated petition and clarified that they were the only heirs of
September 21, 2004, petitioners alleged that there was
petitioner Tomasa and that they had executed separate SPAs It is a well-settled rule that the mere filing of the notice of
in favor of petitioner Dominga. appeal is not enough, for it must be accompanied by the
payment of the correct appellate docket fees. 27 Payment in
Thus, the CA committed a reversible error in outrightly
full of docket fees within the prescribed period is
dismissing the petition and not giving due course to it as well
mandatory.28 It is an essential requirement without which the
as in denying petitioners' motion for reconsideration.
decision appealed from would become final and executory as
Petitioners further claim that the RTC should have given due if no appeal has been filed. Failure to perfect an appeal within
course to their notice of appeal of the RTC Decision dated the prescribed period is not a mere technicality but
September 22, 2003 to the CA since the late payment of jurisdictional, and failure to perfect an appeal renders the
appellate docket fees was due to the mistake and excusable judgment final and executory.29
negligence of their counsel and they had a good and
Hence, there is no question that the RTC correctly dismissed
substantial defense.
petitioners' appeal pursuant to Section 13, Rule 41 of the
Instead of remanding the case to the CA which would only Rules of Court which reads:
unduly prolong the disposition of the case between the
SEC. 13. Dismissal of appeal. Prior to the transmittal
parties, we shall resolve24 the substantive issue raised in the
of the original record or the record on appeal to the
petition for certiorari filed with the CA, to wit: Whether the
appellate court, the trial court may, motuproprio or on
RTC committed grave abuse of discretion in denying
motion dismiss the appeal for having been taken out of
petitioners' petition for relief from denial of appeal.
time, or for non-payment of the docket and other
To begin with, petitioners, through counsel, received a copy lawful fees within the reglementary period.
of the RTC decision dated September 22, 2003 on September
However, petitioners filed a petition for relief from the RTC
30 2003. Thus, petitioners had until October 15, 2003 within
Order that did not giving due course to their notice of appeal
which to perfect their appeal by filing the notice of appeal 25
on the grounds of mistake and excusable negligence
and paying the appellate docket and other legal fees. 26 On
committed by their counsel. They contend that their counsel
October 14, 2003, petitioners filed their notice of appeal
mistakenly erred when he relied in good faith on the
through registered mail without paying the appeal fees.
affirmation made by the trial court's clerk of court that the
appeal fees would be accepted even after the period for the
filing of the notice of appeal; that counsel also mistakenly
relied on jurisprudence that technical rules of procedure
would be relaxed provided that the same were substantially
complied with; that counsel's negligence should not be
binding on them; that they have good and substantial
defenses which would result in the dismissal of the complaint
or a reduction of the monetary awards set forth in the
decision.
Section 2, Rule 38 of the Rules of Court provides: and convenience of the parties and their counsels or by mere
opinions of the clerk of court.
Section 2. Petition for relief from denial of appeal.
When a judgment or final order is rendered by any Atty. Ang should not have presumed that the rules of
court in a case, and a party thereto, by fraud, accident, procedure would be relaxed in favor of his clients. His
mistake, or excusable negligence, has been prevented reliance on jurisprudence that the application of the technical
from taking an appeal, he may file a petition in such rules of procedure would be relaxed if the same was
court and in the same case praying that the appeal be subsequently complied with is not justified. The liberal
given due course. application of rules of procedure for perfecting appeals is still
the exception, and not the rule; and it is only allowed in
Negligence to be excusable must be one which ordinary
exceptional circumstances to better serve the interest of
diligence and prudence could not have guarded against. 30
justice.31 Atty. Ang's negligence in not paying the docket fees
Petitioners' counsel filed a notice of appeal within the
on time cannot be considered as excusable. The
reglementary period for filing the same without, however,
circumstances surrounding this case do not warrant the
paying the appellate docket fees. Counsel very well knew
relaxation of the rules.
that under the Rules of Court, the full amount of appellate
docket and other lawful fees must be paid within the same Petitioners insist that they are not bound by the mistake of
period that the notice of appeal was filed, as he even their counsel, citing De Guzman v. Sandiganbayan 32 and
allegedly communicated to the clerk of court his request for Samala v. Court of Appeals.33
additional time in order to consolidate the confirmation of
In DeGuzman, petitioner was convicted by the
petitioners' desire to appeal.
Sandiganbayan of anti-graft and corrupt practices act for his
The failure of counsel to pay the appellate docket fees on failure to account for the P200,000.00 he received for certain
time constitutes negligence. Despite receiving an overseas training programs of the Department of Agriculture based on
call on October 15, 2003, i.e., the last day to file the appeal, the testimony of the lone prosecution witness that no such
from petitioner Cornelia, who then lived in Japan and training program was held at the designated places.
expressed in behalf of the other petitioners their desire to Petitioner sought to be relieved from what he considered as
appeal the RTC decision, he paid the fees only on October 24, the serious and costly mistake of his former lawyers in
2003. demurring to the prosecution evidence after leave was
denied, the effect of which deprived him of presenting the
It bears stressing that the Rules of Court explicitly provides
pieces of documentary evidence showing due disbursement
for the procedure for the perfection of appeal. The counsel of
of the P200,000 received for the training program which was
petitioners should not have relied on the alleged assurance
actually conducted. The original documents were all along
by the clerk of court of the acceptance of the late payment of
kept in the records section of the Bureau of Plant Industry;
docket fees. As an officer of the court, he should know that
and these original copies were readily available, which if
the affirmation of the clerk of court could not prevail over the
presented would have completely belied the accusation
specific requirement of the rules. The rules of procedure are
against him. We ruled that since no less than petitioner's
meant to be followed and not to be subjected to the whims
liberty was at stake, the higher interests of justice and equity
demand that petitioner be not penalized for the costly amended petition in the proper form accompanied by
mistake of his previous counsel. annexes, all of which were certified true copies by the
Department of Agriculture Regional Adjudication Board. This
In contrast, the present case does not involve the life or
Court ruled that there was more than substantial compliance,
liberty of petitioners, and they were adequately heard with all
and the hard stance taken by the CA was unjustified under
the issues fully ventilated and evidence presented before the
the circumstances. Notably, petitioner therein committed a
decision was rendered.
lapse in the formal requirement which was curable by
In Samala, the last day for filing the notice of appeal fell on a amendment. In the present case, however, petitioners failed
Friday, October 13, 1995. The person to whom the filing of to pay the appellate docket fees on time, which is
the notice was entrusted suffered stomach pains and was jurisdictional and which divests the trial court of jurisdiction
able to file it only on the next business day which was to act on the appeal. The payment of the appellate docket
October 16, a Monday. We held that the delay was only for and other lawful fees is not a mere technicality of law or
one day, as Saturday and Sunday were excluded and, procedure.35 It is an essential requirement, without which the
considering the facts of the case, found the delay to be decision or final order appealed from would become final and
excusable. executory, as if no appeal was filed at all. 36
In the case of herein petitioners, the payment of the docket The failure of petitioners' counsel to perfect the appeal binds
fees was done nine days after the lapse of the period to petitioners. It is settled that clients are bound by the
appeal. In fact, in the affidavit of merit of petitioners' counsel mistakes, negligence and omission of their counsel. 37 While,
attached to the petition for relief, he stated that on October exceptionally, the client may be excused from the failure of
15, 2003, which was the last day to appeal, he received a counsel, the factual circumstances in the present case do not
long distance call from petitioner Cornelia who confirmed give us sufficient reason to suspend the rules of the most
their desire to appeal the decision. However counsel, instead mandatory character. Petitioners themselves may not be said
of immediately paying the appeal fee, waited for nine days to be entirely faultless.
before doing so.
Atty. Ang, petitioners' counsel, claims that as soon as he
Petitioners also allege that subsequent and substantial received the decision, he sent copies to petitioners. Records
compliance with the rule may call for the relaxation of the show that at that time, while some of the petitioners were
rules of procedure, citing our ruling in Jaro v. Court of already abroad, Dominga and Tomasa were still living in
Appeals.34 Cavite. Cornelia who lives abroad was able to receive a copy
of the decision and was able to make an overseas call to Atty.
We are not persuaded. Ang to express her desire to appeal the decision. However,
neither Dominga nor Tomasa who only live in Cavite, took
In Jaro, the CA dismissed the petition filed before it for being
steps to call Atty. Ang at the earliest possible time to protect
defective, as it was not in the form of a petition for review
their interest. No prudent party would leave the fate of his
and the annexes thereto attached were certified as true
case completely to his lawyer.38 It is the duty of the client to
xerox copies by counsel, not by the proper public official who
be in touch with his counsel so as to be constantly posted
had custody of the records. Petitioner subsequently filed an
about the case.39Thus, we find that there was matter; otherwise, the petition for relief will be tantamount to
participatory negligence on the part of petitioners, reviving the right of appeal which has already been lost,
which would not relieve them of the consequence of because of either inexcusable negligence or counsels
the negligence of their counsel. mistake in procedure.42
The Court may deign to veer away from the general rule only It bears stressing that appeal is not a right, but a mere
if, in its assessment, the appeal on its face appears statutory privilege.43 Corollary to this principle is that the
absolutely meritorious.40 Indeed, the Court has, in a number appeal must be exercised strictly in accordance with the
of instances, relaxed procedural rules in order to serve and provisions set by law.44
achieve substantial justice.41 However, the instant case does
WHEREFORE, the petition for review is DENIED.
not warrant the desired relaxation.
Cost against petitioners.
Respondent has sufficiently shown that she was authorized in
writing by petitioners to sell the subject property; that SO ORDERED.
respondent was instrumental in bringing about the meeting
of petitioner Olimpio and Tantiansu and the transaction
concerning the sale of subject property; and that it was
proven by evidence that the buyer of the subject property
was Tantiansu. Thus, respondent is entitled to the broker's
commission as agreed upon between her and the petitioners.
Petitioners' claim that Tantiansu had explicitly bound himself
to pay the broker's commission after the consummation of
the sale would not relieve petitioners of their liability to
respondent since, as correctly held by RTC, whatever
Tantiansu and petitioners agreed relative to the payment of
broker's commission is binding only upon themselves and not
binding on respondent who does not appear to have
consented thereto.
For alleged gross negligence in handling two civil cases, a Later, complainants learned that Civil Case No. 20-465-90
complaint1 for disbarment was filed by complainant spouses was dismissed4 on 16 December 1991 for failure of the
Antonio and Norma Soriano against Atty. Reynaldo P. Reyes. respondent to file a pre-trial brief. The dismissal reads:
Complainants alleged that sometime in the latter part of On record is a pre-trial brief filed by defendant, thru
1990, they engaged the services of respondent in a case they counsel, Atty. Marlon B. Llauder, and this morning a
filed against Peninsula Development Bank entitled, "Norton supplemental pre-trial brief was submitted by
Resources and Development Corporation, et al. v. Peninsula defendants counsel. Atty. Reynaldo Reyes, counsel for
Development Bank." The case was for Declaration of Nullity the plaintiffs is present in Court but he moved for a
with Injunction and/or Restraining Order before the Regional suspension of the pre-trial conference this morning for
Trial Court (RTC) of Davao City, Br. 13, docketed as Civil Case the reason that plaintiffs are proposing to amicably
No. 20-465-90.2 While the case was pending, respondent settle this case. Defendants counsel vehemently
reassured complainants that he was diligently attending to objected to the postponement of the pre-trial
the case and will inform them of the status of their case. conference and instead moved for a declaration of
plaintiffs as non-suited for the reason that up to this
time, plaintiffs have not submitted their pre-trial brief
in violation of the Order of the Court, dated October
11, 1991, wherein plaintiffs counsel was afforded five
(5) days from said date within which to submit to Court
plaintiffs pre-trial brief.
In view hereof, for failure to prosecute this case is 3. That before going into those information and facts
ordered Dismissed. "x x x The records show that the that she came to learn after she gave her testimony
real status of the cases were kept from the before this Honorable Board, it is important to stress
complainants by respondent. Despite the dismissal of the following antecedent circumstances:
both cases due to respondents negligence and
(a) That it was undersigned complainants late
irresponsibility he continued receiving compensation
husband who conferred constantly with respondent
from complainants are evidenced by the receipts and
Atty. Reynaldo P. Reyes;
vouchers which respondent acknowledged with his
signatures. (Exhibits "F", "G", "H", "H-1" and "I"). (b) That herein complainant was not present in a
Likewise, the respondent deceived the complainant by conference with Atty. Reyes at the time his
giving them false hopes that everything was alright professional services were hired. So, it was only the
and there was no problem regarding the cases. deceased complainant Antonio Soriano who was
familiar with the scope of professional engagement;
All the foregoing show that there is clear violation of
his oath as a lawyer particularly Canon 17 and Canon (c) That undersigned complainant did not participate in
18 of the Code of Professional Responsibility. Thus, it is the conference between her late husband and
submitted that Atty. Reynaldo P. Reyes be meted the respondent counsel on the agreed strategy because
penalty of Disbarment.12 the late husband was the one actively managing the
affairs of the family. Moreover, herein complainant was
On 21 June 2003, the IBP Board of Governors adopted and
not really knowledgeable of the facts and details
approved13 the recommendation of the Investigating
involved in the cases handled by respondent counsel;
Commissioner.
(d) That for example, it was only later after her
In the interregnum, a Motion to Withdraw Testimony and
testimony that she learned that respondent was also
Evidence14 was filed by complainant Norma B. Soriano before
attending to and handling the other cases of the late
this Court, stating that:
complainant Antonio Soriano, especially those cases
1. That although the complainant in this case names filed in Makati, Complainant herein had the mistaken
the spouses Antonio Soriano and Norma B. Soriano as impression that the complainant-decedent had availed
the complainants, it is only complainant Norma B. of the services of lawyers in Makati. Hence, the fees
Soriano who has testified and presented evidence that respondent Atty. Reyes received after the cases
during the hearing of this case due to the untimely below were for those cases in Makati;
demise of her husband, complainant Antonio Soriano;
(e) That it was a surprise for herein undersigned A case of suspension or disbarment may proceed regardless
complainant to also learn that respondent Atty. Reyes of interest or lack of interest of the complainant. 16 What
went out of his way to accompany her late husband to matters is whether, on the basis of the facts borne out by the
a financier, who was an intimate friend of respondent, record, the charge of negligence has been duly proved. This
in Quezon City for the purpose (sic) sourcing the rule is premised on the nature of disciplinary proceedings. A
necessary funds to pay off our obligations to some proceeding for suspension or disbarment is not in any sense
creditors as the agreed strategy at the very start. a civil action where the complainant is a plaintiff and the
Thus, it appears that respondent counsel went out of respondent lawyer is a defendant. Disciplinary proceedings
his way to help the late complainant Antonio Soriano involve no private interest and afford no redress for private
solve his problems; and grievance. They are undertaken and prosecuted solely for the
public welfare. They are undertaken for the purpose of
(f) That I likewise subsequently learned that when
preserving courts of justice from the official ministration of
respondent counsel became a city councilor of Davao
persons unfit to practice in them. The attorney is called to
City, he did what he can to help the late complainant
answer to the court for his conduct as an officer of the court.
Antonio Soriano have a council clearance over a parcel
The complainant or the person who called the attention of
of land that he was selling for a memorial park.
the court to the attorneys alleged misconduct is in no sense
4. That the foregoing facts and information that herein a party, and has generally no interest in the outcome except
undersigned complainant learned after she gave her as all good citizens may have in the proper administration of
testimony seriously prompts her to seek the justice. Hence, if the evidence on record warrants, the
withdrawal of her testimony and her evidence in order respondent may be suspended or disbarred despite the
that she can re-evaluate the same; and desistance of complainant or his withdrawal of the charges. 17
Accordingly, notwithstanding the motion to withdraw
5. That complainant herein is filing the instant motion evidence and testimony, the disbarment proceeding should
in the interests of truth and justice as it is farthest proceed.
from her intention to have this case resolved through
an inadvertent presentation of facts that do not Looking into the merits of the complaint against respondent,
exactly reflect the entirety of the story and the truth, we decide to modify the findings of the IBP.
no matter how innocently and in good faith they were
As to Civil Case No. 20-465-90, records show that it was
presented.15
dismissed for failure of respondent to file the pre-trial brief.
The above quoted motion is tantamount to a withdrawal or
Respondents failure to file the pre-trial brief constitutes
desistance of the complaint.
inexcusable negligence.18 The importance of filing a pre-trial
As we have previously ruled, the affidavit of withdrawal of the brief cannot be gainsaid. For one, the lawyers are compelled
disbarment case executed by a complainant does not to prepare their cases in advance. They eliminate haphazard
automatically exonerate the respondent. preparation. Since pre-trial is a serious business of the court,
preparation of the lawyers and parties for the pre-trial in both
questions of fact and of law cannot be overemphasized as an
essential requirement for a pre-trial conference. They enable October 11, 1991, within which to submit to the Court
both parties to view the documentary evidence of the other plaintiff pre-trial brief, but despite the order, and until
even before they are presented in court. They enable the December 16, 1991, a period of more than two (2)
parties to know the testimonies of each others witnesses. months has elapsed, yet herein plaintiffs still failed to
Pre-trial briefs also apprise the courts of the additional points file or submit the required pre-trial brief, which to the
the parties are willing to stipulate upon, or the additional mind of this Court, is an obstinate refusal on the part
points which could be inquired into for the purpose of of the plaintiffs to file said pre-trial brief, despite
additional stipulations. They also apprise the court of the counsels knowledge of the importance of the same.
respective demands of the parties, thus, enabling the court
The plaintiffs, even in the filing of their Motion for
to discuss more intelligently an amicable settlement between
reconsideration did not even care to attach pre-trial
or among the parties.19 The failure to submit a pre-trial brief
brief if indeed they are sincere in their intention to do
could very well, then, be fatal to the case of the client as in
so.
fact it is a ground for dismissal of the case. 20 For this reason,
respondents failure to submit the pre-trial brief to the court Clearly, respondent was not able to protect his clients
within the given period constitutes negligence which entails interest through his own fault.
disciplinary action. Not only is it a dereliction of duty to his
client but to the court as well. Hence, this Court, in Spouses A lawyer is expected to be familiar with the rudiments of law
Galen v. Atty. Paguirigan,21 explained: and procedure and anyone who acquires his service is
entitled to, not just competent service, but also whole-
An attorney is bound to protect his clients interest to hearted devotion to his clients cause. It is the duty of a
the best of his ability and with utmost diligence. A lawyer to serve his client with competence and diligence and
failure to file brief for his client certainly constitutes he should exert his best efforts to protect, within the bounds
inexcusable negligence on his part. The respondent of law, the interest of his client. A lawyer should never
has indeed committed a serious lapse in the duty owed neglect a legal matter entrusted to him, otherwise his
by him to his client as well as to the Court not to delay negligence in fulfilling his duty will render him liable for
litigation and to aid in the speedy administration of disciplinary action.22
justice.
Canon 18, Rule 18.03 of the Code of Professional
In this case, respondent did not only fail to file the pre-trial Responsibility provides that a lawyer shall not neglect a legal
brief within the given period. Worse, he had not submitted matter entrusted to him and his negligence in connection
the required pre-trial brief even at the time he filed a motion therewith shall render him liable. In this case, by reason of
for reconsideration of the order of dismissal several months Atty. Reyess negligence, complainant suffered actual loss. He
later. Expectedly, the motion for reconsideration was denied should have given adequate attention, care and time to his
by the court. Respondents negligence is apparent in the trial cases. This is why a practicing lawyer may accept only so
courts denial of the motion for reconsideration, to wit: many cases that he can efficiently handle. Otherwise, his
clients will be prejudiced. Once he agrees to handle a case,
The court, in the exercise of sound discretion, afforded
the plaintiffs who were then present, five (5) days from
he should undertake the task with dedication and care. If he misconduct affecting the standing and moral character of the
should do any less, then he is not true to his lawyers oath. 23 lawyer as an officer of the court and a member of the bar.
Accordingly, disbarment should not be decreed where any
Respondents excuse that complainants, from the time of
punishment less severe such as a reprimand, suspension,
filing of the complaint up to the time of filing his comment,
or fine would accomplish the end desired. 30
were in continuous possession of the foreclosed property is
flimsy. It only shows the cavalier attitude which respondent The appropriate penalty on an errant lawyer depends on the
took towards his clients cause. exercise of sound judicial discretion based on the surrounding
facts. The penalties for a lawyers failure to file the required
Anent Civil Case No. 22-624-94, the case was indeed
brief or pleading range from reprimand, warning with fine,
dismissed for failure to prosecute although the said dismissal
suspension and in grave cases, disbarment. In one case, 31 the
was later on reconsidered. However, this does not detract to
penalty for a lawyers failure to file a pre-trial brief and other
the conclusion that, truly, respondent failed to demonstrate
pleadings such as position papers leading to the dismissal of
the required diligence in handling the case of complainants. 24
the case, is suspension of six months. Therefore, we find the
Quite apart from the above, respondent also lacked candor in penalty of disbarment as recommended by the IBP to be
dealing with his clients as he omitted to apprise complainants unduly harsh and we deem it appropriate to impose the
of the status of the two cases and even assured the penalty of one (1) year suspension, taking into account that
complainants that he was diligently attending to said cases. 25 this appears to be his first offense.
In Garcia v. Atty. Manuel,26 this Court found therein Wherefore, in view of the foregoing, respondent Atty.
respondent lawyer in bad faith for failing to inform his client Reynaldo Reyes is found GUILTY of violating Canons 17 and
of the status of the case. In said decision, the court has 18 of the Code of Professional Responsibility and is
adamantly stressed that the lawyer-client relationship is SUSPENDED from the practice of law for one (1) year
highly fiduciary.27 There is always a need for the client to effective upon finality hereof with WARNING that a
receive from the lawyer periodic and full updates on repetition of the same negligent act charged in this complaint
developments affecting the case. The lawyer should apprise will be dealt with more severely.
the client on the mode and manner that the lawyer is utilizing
Let copies of this Decision be furnished the Office of the Bar
to defend the clients interests. 28
Confidant, to be appended to respondents personal records
In failing to inform his clients of the status of their cases, as attorney; the
respondent failed to exercise such skill, care, and diligence as
Integrated Bar of the Philippines; and all courts of the country
men of the legal profession commonly possess and exercise
for their information and guidance. SO ORDERED.
in such manners of professional employment. 29
Fourth, on the matter of the respondent's withdrawal from You never informed me of any further developments in
the case, the respondent might have had valid reasons to the case. As a result, I lost the said case by reason of
withdraw and terminate his relationship with his client. As the default and technicality.
respondent now states, he could withdraw under paragraphs
You never informed me of this loss, thus denying me
(e) and (f) of the Code of Professional Responsibility 17 - i.e.,
the opportunity to appeal the adverse decision. . . "
deliberate failure of the client to pay the fees for the
services, or failure to comply with the retainer agreement, or The respondent never bothered to refuse this very damaging
appointment or election to public office. However, he does allegation; neither in his Position Paper before the IBP nor in
not appear to have cited these reasons before the trial court. the Comment filed with us did he offer an explanation. Thus,
Instead, he merely filed a Notice of Withdrawal of it appears that the respondent could not have really taken
Appearance, citing his client's unknown location and failure any instructions from his client on how to handle the trial
to communicate as reasons for his client's lack of express court's adverse decision. He simply took it upon himself to
consent to his withdrawal.18 It is undisputed that the trial decide not to appeal the trial court's decision and the denial
court denied the respondent's notice of withdrawal; thus, he of his motion for reconsideration.
remained as counsel of record burdened with all the
responsibilities that his representation carried. While the respondent expressed regret for the reverses the
complainant suffered, regret is a belated response that will
By his own admission, the respondent succeeded in not bring back the complainant's lost case. It cannot erase
contacting the complainant in late December, 2001, i.e., soon the fact that he mishandled the complainant's defense. By
after he filed his notice of withdrawal with the trial court. As the exacting standards of the legal profession, he has been
Commissioner Limpingco observed, it was quite puzzling that weighed and found wanting.
he did not then revive his efforts to be relieved of his
responsibilities in the case, given the complainant's reported What lightens the impact of the respondent's mishandling of
engagement of a new counsel. He could have then secured the case is the complainant's own failings as a client. The
his client's consent to his withdrawal but did not. non-payment of fees is a factor that we cannot simply
disregard. As a rule, law practice is not a pro bono
Fifth. As Commissioner Limpingco did, we wonder why the proposition and a lawyer's sensitivity and concern for unpaid
respondent did not appeal the decision against his client. It fees are understandable; lawyers incur expenses in running
even appears from one of the annexes (Annex "I" of the their practice and generally depend, too, on their law
respondent's comment) that he did not immediately inform practice income for their living expenses. Likewise, the
the complainant of the decision against her. To quote the respondent's appointment as a consultant should be
complainant's letter (Annex "I"): considered although it is a matter that none of the parties
have fully examined. Both the non-payment of fees and the
"However, for reasons you have not fully explained,
appoint to a public office, however, were not reasons
you virtually
properly presented before the trial court through a motion to simply be glossed over or be penalized by a simple
that informed the court of all the surrounding circumstances reprimand.
of the desired withdrawal. Instead, another reason was given
However, we cannot also disbar the respondent as the
by way of a mere notice lacking the client's express consent.
complainant demands in light of the complainant's own
Thus, the court's denial of the desired withdrawal was not
contributory faults. Disbarment is an ultimate remedy in the
totally unexpected.
professional world, no less serious and weighty as the power
More than these reasons and as Commissioner Limpingco to impose reclusion perpetua in criminal cases; in both,
correctly noted, the complainant never made any effort to recovery from the penalty - although not totally impossible -
contact the respondent to follow up the status of her case, is extremely difficult to attain. Thus, we must at all times act
expecting instead the respondent to take full and complete with caution and due consideration, taking into account not
initiative in this regard. While the respondent, as counsel, has only the interests of the immediate parties, but the interest
the obligation to inform his client of the material of the public, the bar and the administration of justice as
developments in the case, particularly of the aspects of the well.
case that would require the client's instructions or
The general public must know that the legal profession is a
participation, this obligation is balanced by a complementary
closely regulated profession where transgressions merit swift
duty on the part of a party-litigant to remain in contact with
but commensurate penalties; it is a profession that they can
his lawyer in order to be informed of the progress of the case.
trust because we guard our ranks and our standards well.
The complainant's failing in this regard is her failure to inform The Bar must sit up and take notice of what happened in this
her counsel of her change of business address, a serious case to be able to guard against any repetition of the
lapse but one that a resourceful counsel could have easily respondent's transgressions, particularly his failure to report
handled. In a balancing, the greater fault still lies with the the developments of an ongoing case to his clients. Unless
respondent as he did not appear, based on the records of the the Bar takes a pro-active stance, we cannot really blame
case, to be a lawyer whose practice routine included regular members of the public who are not very well disposed
reporting to clients on matters other than billings. We note towards, and who may even distrust, the legal profession
that he did not bother to report (or even allege that he after hearing experiences similar to what the complainant
bothered to report) on the interrogatories and request for suffered. The administration of justice is served well when we
admission - incidents that can make or break a case as it did demonstrate that effective remedies exist to address the
break the defendant's case before the trial court. Despite injustice and inequities that may result from transgressions
knowledge of his client's location gained in late December by those acting in the dispensation of justice process.
2001, he did not likewise bother to inform the complainant of
In these lights, we hold that while the respondent is liable for
the adverse decision against her in June 2002, taking it upon
a clear case of misconduct that seriously affects his standing
himself to simply file a motion for reconsideration and to
and character as an officer of the Court and as a member of
accept the court's ruling when his motion was denied. In our
the Bar, this liability ought to be tempered by the mitigating
view, these are law practice mortal sins that we cannot allow
circumstances we pointed out above. We therefore cannot
impose disbarment as penalty. Given the mitigating
circumstances and the extent of their effects on the practice of law for a period of three (3) months, effective
respondent's culpability, we hold that a three-month upon receipt of a copy of this Decision.
suspension from the practice of law is the penalty that is
SO ORDERED.
more in keeping with the damage the complainant suffered
and the interests that the public, the bar and the
administration of justice have to protect.