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    Atty. Christine Limpin filed a General Information Sheet with the SEC that falsely listed Arcatomy Guarin as the Chairman, President, and a shareholder of Legacy Card, Inc., even though Guarin had resigned from the company months earlier. Guarin filed a complaint against Atty. Limpin for violating ethics rules by knowingly filing false information. The court found that Atty. Limpin violated rules by submitting false information on the GIS. As a result, the court increased the recommended penalty from 3 to 6 months suspension from practicing law.

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    Original Title

    11 GUARIN-v.-LIMPIN-AC-No.10576-January-14-2015

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    Atty. Christine Limpin filed a General Information Sheet with the SEC that falsely listed Arcatomy Guarin as the Chairman, President, and a shareholder of Legacy Card, Inc., even though Guarin had resigned from the company months earlier. Guarin filed a complaint against Atty. Limpin for violating ethics rules by knowingly filing false information. The court found that Atty. Limpin violated rules by submitting false information on the GIS. As a result, the court increased the recommended penalty from 3 to 6 months suspension from practicing law.

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    393 views1 page

    Complainant v. Respondent: Nature

    Uploaded by

    Danielle
    Atty. Christine Limpin filed a General Information Sheet with the SEC that falsely listed Arcatomy Guarin as the Chairman, President, and a shareholder of Legacy Card, Inc., even though Guarin had resigned from the company months earlier. Guarin filed a complaint against Atty. Limpin for violating ethics rules by knowingly filing false information. The court found that Atty. Limpin violated rules by submitting false information on the GIS. As a result, the court increased the recommended penalty from 3 to 6 months suspension from practicing law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    THIRD DIVISION

    A.C. No. 10576, January 14, 2015


    ARCATOMY S. GUARIN, Complainant, v. ATTY. CHRISTINE A.C. LIMPIN, Respondent.

    Nature:
    A complaint for disbarment filed by Arcatomy S. Guarin against Atty. Christine Antenor-Cruz Limpin for allegedly filing a false General
    Information Sheet (GIS) with the Securities and Exchange Commission (SEC) thus violating Canon 12 and Rule 1.013 of the Code of
    Professional Responsibility (CPR).

    Facts:

     In 2004, Guarin was hired as Chief Operating Officer and thereafter as President of OneCard Company, Inc., a member
    of the Legacy Group of Companies. He resigned from his post effective August 11, 2008.
     Nov. 27, 2008, Atty. Limpin, the Corporate Secretary of Legacy Card, Inc. (LCI), another corporation under the Legacy
    Group, filed with the SEC a GIS for LCI for “updating purposes”.  The GIS identified Guarin as Chairman of the Board of
    Directors (BOD) and President.
     Mired with allegations of anomalous business transactions and practices, on December 18, 2008, LCI applied for
    voluntary dissolution with the SEC.
     On July 22, 2009, Guarin filed this complaint with the Integrated Bar of the Philippines Commission on Bar Discipline
    (IBP CBD) claiming that Atty. Limpin violated Canon 1 and Rule 1.01 of the CPR by knowingly listing him as a
    stockholder, Chairman of the Board and President of LCI when she knew that he had already resigned and had never
    held any share nor was he elected as chairperson of the BOD or been President of LCI. 

    Issue:
    WON Atty. Limpin violated Canon 1, Rules 1.01 and 1.02 of the CPR and be suspended from the practice of law for three months. 

    The Law provides:


     We adopt the report and recommendation of the IBP. Atty. Limpin has violated Canon 1, Rule 1.01 and Rule 1.02 of the CPR.

     Members of the bar are reminded that their first duty is to comply with the rules of procedure, rather than seek exceptions as
    loopholes.19  A lawyer who assists a client in a dishonest scheme or who connives in violating the law commits an act which justifies
    disciplinary action against the lawyer.20chanRoblesvirtualLawlibrary
     Disbarment proceedings are sui generis and can proceed independently of civil and criminal cases.  As Justice Malcolm stated
    “[t]he serious consequences of disbarment or suspension should follow only where there is a clear preponderance of evidence against
    the respondent. The presumption is that the attorney is innocent of the charges pr[o]ferred and has performed his duty as an officer of
    the court in accordance with his oath.”21chanRoblesvirtualLawlibrary
     Grounds for such administrative action against a lawyer may be found in Section 27,22 Rule 138 of the Rules of Court.  Among
    these are (1) the use of any deceit, malpractice, or other gross misconduct in such office and (2) any violation of the oath which he is
    required to take before the admission to practice.
    In this case:
     There was no submission which would support the allegation that Guarin was in fact a stockholder. We thus find that in filing a
    GIS that contained false information, Atty. Limpin committed an infraction which did not conform to her oath as a lawyer in accord with
    Canon 1 and Rule 1.01 of the CPR.
    Ruling:
    However, considering the seriousness of Atty. Limpin’s action in submitting a false document we see it fit to increase the recommended
    penalty to six months suspension from the practice of law.chanrobleslaw
    WHEREFORE, we find respondent Atty. Christine A.C. Limpin GUILTY of violation of Canon 1, Rule 1.01 and Rule 1.02 of the Code of
    Professional Responsibility.  Accordingly, we SUSPEND respondent Atty. Christine A.C. Limpin from the practice of law for SIX (6)
    MONTHS effective upon finality of this Decision, with a warning that a repetition of the same or similar act in the future will be dealt with
    more severely.

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