Professional Documents
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Torres v. Javier
Torres v. Javier
SYLLABUS
CARPIO MORALES , J : p
By complaint 1 dated November 26, 2002, Atty. Ireneo L. Torres and Mrs. Natividad
Celestino (complainants) charge Atty. Jose Concepcion Javier (respondent) for
malpractice, gross misconduct in o ce as an attorney and/or violation of the lawyer's
oath.
The charges stemmed from the statements/remarks made by respondent in the
pleadings he led in a petition for audit of all funds of the University of the East Faculty
Association (UEFA), as counsel for the therein petitioners UEFA then Treasurer Rosamarie
Laman, and his wife-former UEFA President Eleonor Javier, before the Bureau of Labor
Relations (BLR), Department of Labor and Employment (DOLE) against herein
complainants, docketed as NCR-OD-0105-004-LRD (audit case), 2 and from the pleadings
led by respondent in another labor case as counsel for the one hundred seventy six (176)
faculty members of the University of the East complainants against herein complainant
Atty. Ireneo L. Torres, et al., 3 docketed as NCR-0D-0201-0005-LRD (attorney's fees case). 4
The complaint sets forth three (3) causes of action against respondent.
The rst cause of action is based on respondent's "Urgent Motion to Expedite with
Manifestation and Reiteration of Position" (Motion to Expedite) led in the audit case
which complainants allege contained statements which are absolutely false,
unsubstantiated, and with malicious imputation of crimes of robbery, theft of UEFFA's
funds, destruction or concealment of UEFA's documents and some other acts tending to
cause dishonor, discredit or contempt upon their persons. 5 Portions of the questioned
motion read:
Undersigned attorney would like to manifest — just so it can not be said
later on that he kept mum on the matter — that when individual respondents-
appellants realized that an audit of Union funds was looming, it appears that they
decided to destroy or conceal documents as demonstrated by an "Incident Report
Re Robbery" dated May 6, 2002 (a copy just recently secured by the undersigned),
attached hereto as Annex "A", where the police investigator stated that "no forcible
entry" was noted by him but "that air condition on the respective rooms were (sic)
slightly move (sic) to mislead that suspect as the same as their point of entry.["]
The police o cers stated that "no cash of ( sic) money were stolen but instead
claimed that still undetermined documents/important papers were stolen by the
suspects."
This brings to mind the United States case against Andersen o cials who
shredded documents related to the Enron scandal when they thought nobody was
looking. As in the Andersen/Enron case, the individual respondents-appellants in
the instant case knew that the law was going to come knocking at their door,
asking a lot [of] questions about financial matters.
Complainants aver that respondent violated the attorney's oath that he "obey the
laws" and "do no falsehood," the Code of Professional Responsibility particularly Rule
10.01 thereof, and Rule 138, speci cally paragraph 20 (f) of the Rules of Court for directly
pointing to them as the persons who intentionally committed the robbery at the UEFA
o ce, and for citing the Andersen/Enron case which is irrelevant, impertinent, and
immaterial to the subject of quasi-judicial inquiry. 7
As second cause of action, complainants allege that in the attorney's fees case,
respondent, in his "Reply to Respondents (Torres and Marquez) Answer/Comment" led
before the DOLE, used language that was clearly abusive, offensive, and improper, 8
inconsistent with the character of an attorney as a quasi-judicial officer. 9
As third/last cause of action, complainants quote respondent's statement in the
aforesaid Reply, to wit: aHcACI
It is not uncommon for us trial lawyers to hear notaries public asking their
sons, wives, girlfriends, nephews, etc. to operate a notarial o ce and sign for
them. These girlfriends, nephews, etc. take a davits, administer oaths and certify
documents. . . ., 1 0
and allege that the statement is demeaning to the integrity of the legal profession,
"uncalled for and deserve[s] censure, [as] the same might shrink the degree of
con dence and trust reposed by the public in the delity, honesty and integrity of the
legal profession and the solemnity of a notarial document." 1 1
By his Comment, respondent candidly professes that he was angry 1 2 while he was
preparing his "Motion to Expedite" in the audit case, it having come to his knowledge that
the UEFA o ce had been burglarized and complainant Atty. Torres had been spreading
reports and rumors implicating his clients including his wife to the burglary. 1 3
Respondent stresses that he felt that it was his duty to inform the BLR of the loss of
the vital documents so that the resolution of the pending motion for reconsideration led
by complainants would be expedited; 1 4 and that the information regarding the burglary
and his use of the Andersen/Enron case as a gure of speech were relevant in drawing a
link between the burglary and the audit — the burglary having rendered the complete
implementation of the audit unattainable. 1 5
With respect to the attorney's fees case, respondent claims that Atty. Torres did not
in his Answer confront the issues thereof but instead "mock[ed] his wife and fabricat[ed]
and distort[ed] realities" 1 6 by including malicious, libelous and impertinent statements and
accusations against his wife which exasperated him. 1 7 A portion of Atty. Torres' Answer in
the attorney's fees case reads:
. . . in her incumbency as President of the UEFA for 12 years (1987-1999)
she got only about P2.00/hr CBA increase which took effect only [in] 1994, with
no other substantial improvements of the teacher's bene ts, and yet she spent for
more than half a million negotiation expenses from the UEFA's funds. Her 1994-
1999 CBA was only a carbon copy of her old 1989-1994 CBA with no substantial
improvements, with uncertain amount of her expenses, because she
removed/concealed all the nancial records of the UEFA during her term. . . I and
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the other lawyers/teachers denounced her unlawful deduction of 10% attorney's
fees from the small backwages received by the teachers on April 28, 1993
although there was actually no lawyer who worked for it . . . and there was no
Board nor General Membership Assembly Resolutions passed . . . the assembly
[Nov. 24, 2001] was apparently irked to Mrs. Eleanor Javier when she was booed
while talking on the floor, like a confused gabble (sic). . . 1 8
Not wanting to allow his wife to be maligned by Atty. Torres, respondent admits
having responded with a counter-attack in his "Reply to Respondents (Torres and Marquez)
Answer/Comment" 1 9 wherein he stated:
What kind of a lawyer is this Atty. Torres? The undersigned feels that Atty.
Torres just cannot kick the habit of injecting immaterial, irrelevant, and
impertinent matters in his pleadings. More than that, he lies through his teeth. The
undersigned thinks that if he has any common sense at all he should shut up
about his accusation that Prof. Javier spent more than half a million pesos for
negotiation expenses . . . she obtained only P2-increase in union members salary,
etc. because of the pendency of the damage suit against him on this score. He
easily forgets the sad chapter of his life as a practitioner when he lost out to Prof.
Javier in the petition for audit (Case No. NCR-OD-M-9401-004) which he led to
gain "pogi" points prior to the UEFA election in 1994. 2 0
Respondent adds that he merely wanted to bring to the BLR's attention that Atty.
Torres had the habit of hurling baseless accusations against his wife to embarrass her,
including one for unjust vexation and another for collection and damages both of which
were dismissed after trial on the merits, thus prompting him to state that "these dismissed
cases indubitably indicate Atty. Torres' pattern of mental dishonesty." 2 2
Respondent further claims that in his Answer in the same attorney's fees case, Atty.
Torres accused his client, Prof. Maguigad, of forging the signature of a notary public and
of "deliberately us[ing] a falsi ed/expired Community Tax Certi cate" in order to justify the
dismissal of the case against him (Atty. Torres); 2 3 and that Atty. Torres continued
harassing his clients including his wife by ling baseless complaints for falsi cation of
public document. 2 4 Hence, in defense of his clients, the following statements in his Reply:
Respondent further concluded that lead petitioner Prof. Maguigad
"falsi ed the said petition by causing it to appear that he participated" in the
falsi cation "when he did not in truth and in fact participate thereat" . . . obviously
oblivious of the obvious that it is highly improbable for Prof. Maguigad to have
forged the signature of the notary public. If he intended to forge it, what was the
big idea of doing so? To save Fifty Pesos (P50.00) for notarial fee? Needless to
say, the allegation that lead ( sic) petitioner Maguigad used a falsi ed Com. Tax
Cert. is patently unfounded and malicious.
But that is not all. Respondents went further and charged Profs. Mendoza,
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Espiritu, Ramirez and Javier with the same crime of falsi cation of public
document . . . "by causing it to appear that Rogelio Maguigad had indeed
participated in the act of verifying/subscribing and swearing the subject petition
before notary public Atty. Jorge M. Ventayen, when in truth and in fact he did not
participate thereat."
The Investigating Commissioner of the Integrated Bar of the Philippines (IBP) found
respondent guilty of violating the Code of Professional Responsibility for using
inappropriate and offensive remarks in his pleadings.
The pertinent portions of the Investigating Commissioner's Report and
Recommendation read:
Respondent admits that he was angry when he wrote the Manifestation . . .
and alleges that Complainant implicated his wife in a burglary. Moreover,
Respondent alleges that Complainant has been "engaged in intimidating and
harassing" his wife.
It appears that herein Complainant and herein Respondent's wife have had
a series of charges and counter-charges led against each other. Both parties
being protagonists in the intramurals within the University of the East Faculty
Association (UEFA). Herein Complainant is the President of the UEFA whereas
Respondent's wife was the former President of UEFA. Nevertheless, we shall treat
this matter of charges and counter-charges led, which involved the UEFA, as
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extraneous, peripheral, if not outright irrelevant to the issue at hand.
In keeping with the dignity of the legal profession, a lawyer's language must be
digni ed and choice of language is important in the preparation of pleadings. 3 6 In the
assertion of his client's rights, a lawyer — even one gifted with superior intellect — is
enjoined to rein up his temper. 3 7
As re ected above, the inclusion of the derogatory statements by respondent was
actuated by his giving vent to his ill-feelings towards Atty. Torres, a purpose to which the
mantle of absolute immunity does not extend. Personal colloquies between counsel which
cause delay and promote unseemly wrangling should be carefully avoided. 3 8
If indeed Atty. Torres led criminal complaints for falsi cation of public documents
against respondent's clients as a scheme to harass them, they are not without adequate
recourse in law, for if they plead for a righteous cause, the course of justice will surely tilt in
their favor, the courts being ever vigilant in the protection of a party's rights. 3 9
Canon 8 of the Code of Professional Responsibility which provides:
instructs that respondent's arguments in his pleadings should be gracious to both the
court and opposing counsel and be of such words as may be properly addressed by
one gentleman to another. 4 0 The language vehicle does not run short of expressions
which are emphatic but respectful, convincing but not derogatory, illuminating but not
offensive. 4 1
As to the reference by respondent to the unfortunate and contemptible practice of
notaries public — basis of the last cause of action, while it may detract from the dignity
that should characterize the legal profession and the solemnity of a notarial document,
respondent, who justi es the same as legitimate defense of his client who was being
accused by Atty. Torres of forgery, may, given the relevance of the statement to the
subject matter of the pleading, be given the benefit of the doubt.
Respecting the veri ed complaint — Annex "EJ-A" 4 2 to the Comment of respondent
led by his wife, Prof. Eleonor R. Javier, against complainant Atty. Torres, the same cannot
be consolidated with the present administrative case since the parties and causes of
action of such complaint are completely different from those of the present complaint.
WHEREFORE, for employing offensive and improper language in his pleadings,
respondent Atty. Jose C. Javier is hereby SUSPENDED from the practice of law for One (1)
Month, effective upon receipt of this Decision, and is STERNLY WARNED that any future
infraction of a similar nature shall be dealt with more severely.
Let copies of this Decision be furnished the O ce of the Bar Con dant, the
Integrated Bar of the Philippines, and all courts in the country for their information and
guidance. CSHcDT
SO ORDERED.
Panganiban, Sandoval-Gutierrez, Corona and Garcia, JJ., concur.
Footnotes
1. Rollo at 1-13.
2. Id. at 2.
3. Id. at 55-56.
4. Id. at 2.
5. Id. at 5.
6. Id. at 17-18.
7. Id. at 7.
8. Id. at 8.
9. Id. at 9.
10. Id. at 29.
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11. Id. at 11.
12. Id. at 59.
13. Id. at 71.
14. Id. at 74-75.
15. Id. at 79.
16. Id. at 64.
17. Id. at 89.
18. Id. at 87.
19. Id. at 64.
20. Id. at 38.
21. Id. at 40.
22. Id. at 39.
23. Id. at 81.
24. Id. at 83-85.
25. Id. at 146-147.
26. Id. at 33.
27. Id. at 532-533.
28. Id. at 529.
29. Gutierrez v. Abila, 111 SCRA 658, 663 (1982).
30. Ibid.
31. Ibid.
32. Tolentino v. Baylosis, 1 SCRA 396, 400 (1961).
33. Ibid.
34. People v. Sesbreno, 130 SCRA 465, 470 (1984).
35. Id. at 469-470.
36. Id. at 470.
37. Ibid.
38. Ibid.
39. Gutierrez v. Abila, 111 SCRA 658, 664 (1982).
40. Hueysuwan-Florido v. Florido, 420 SCRA 132, 137 (2004).
41. Rheem of the Philippines vs. Ferrer, 20 SCRA 441, 445 (1967).
42. Rollo at 196-200.
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