Professional Documents
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Complainant v. Respondent: Nature
Complainant v. Respondent: Nature
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.
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.