Professional Documents
Culture Documents
Monares vs. Muñoz
Monares vs. Muñoz
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* EN BANC.
1 Also referred to as “Benjilieh M. Constante-Reyes” elsewhere in the
records.
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CAGUIOA, J.:
For resolution is the Joint Petition for Review with
Prayer for Absolution and/or Clemency2 (Joint Petition)
dated May 14, 2009 filed by respondent Atty. Levi P.
Muñoz (Muñoz), in connection with the complaints for
disbarment filed by Arthur O. Monares (Monares), Atty.
Oliver O. Olaybal (Olaybal) purportedly representing Albay
Electric Cooperative, Inc.
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Pursuant to the DILG’s authorization, Governor Bichara
imposed the following conditions upon Muñoz:
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Muñoz emphasized that his authority to engage in
private practice was renewed by Governor Bichara on July
3, 1998 for his second term ending in July 2001, and again
on July 5, 2001 for his third term ending in July 2004.14
The complaints were separately referred by the Court to
the Integrated Bar of the Philippines (IBP) for
investigation, report and recommendation.15 The
complaints were then consolidated through the Order dated
January 16, 2003 issued by Commissioner Milagros V. San
Juan.16 Subsequently, the complaints underwent a series of
reassignments, until finally assigned to Commissioner
Dorotea B. Aguila.17
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12 Id., at p. 276.
13 Id., at p. 277.
14 Id., Vol. II, p. 547.
15 Id., Vol. I, p. 289; id., Vol. II, p. 543.
16 Id., Vol. II, p. 544.
17 Id.
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Memorandum 17 was issued more than nine (9) years
prior to Muñoz’s appointment as Provincial Legal Officer,
hence, he cannot feign ignorance thereof. As a local public
official, it was incumbent upon Muñoz to secure the proper
authority from the Secretary of the DILG not only for his
first term, but also his second and third. His failure to do so
rendered him liable for unauthorized practice of his
profession and violation of Rule 1.0135 of the CPR.
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Muñoz represented
conflicting interests.
Muñoz cannot elude Olaybal’s allegations of disloyalty.
In Mabini Colleges, Inc. v. Pajarillo,36 the Court explained
the tests to determine the existence of conflict of interest,
thus:
As Muñoz himself detailed in his Joint Petition, he acted
as counsel for ALECO under the management of the old
BOD in the following cases:
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36 A.C. No. 10687, July 22, 2015, 763 SCRA 288, 294-295, citing
Hornilla v. Salunat, 453 Phil. 108, 111-112; 405 SCRA 220, 223 (2003).
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Muñoz thereafter served as retained counsel of ALECO
under the direction of the NEA management team. Muñoz
could have easily anticipated that his advice would be
sought with respect to the prosecution of the members of
the old BOD, considering that the latter was deactivated
due to alleged mismanagement. The conflict of interest
between Olaybal’s board on one hand, and NEA and its
management team on the other, is apparent. By
representing conflicting interests without the permission of
all parties involved, Muñoz violated Rules 15.01 and 15.03
of the CPR.38
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