Delosantosii Vs Barbosa

A.C. No. 6681 June 17, 2015 authorized anybody to secute a copy of his records.
But eventually, the

MeTC issued a subpoena ordering the Civil Registrar of Quezon City to
VICTOR D. DE LOS SANTOS II, Complainant,
produce a certified tru copy of the Birth Certificate of Canaco. Meanwhile,
vs. the complainant (Victor D. De Los Santos II), filed a complaint with the
prosecutor for obstruction of justice against atty. Barbosa (the lawyer). In
ATTY. NESTOR C. BARBOSA, Respondent. Defense, the respondent argued that the name of his client Canaco’s Son is
This Resolution imposed on Atty. Nestor C. Barbosa (respondent) the Victor C. De Los Santos and not with a P, as stated in the information
penalty of three months suspension from the practice of law for violation of charging Canaco with violation of PD No. 651. The prosecutor dismissed the
his oath as a lawyer and of the Code of Professional Responsibility. obstruction of justice complaint for insufficiency of evidence.
Facts: On February 22, 2005, the complainant filed a Petition for Disbarment with
the Court, charging the respondent with multiple gross violations of his oath
Melba D. De Los Santos Rodis (Rodis) filed a complaint for Falsification of as a lawyer and Canons of Professional Ethics for unlawfully obstructing and
Public Document against her father, Ricardo D. De Los Santos, Sr. (De Los delaying the proceedings against Canaco. The complainant alleges that the
Santos, Sr.) and Rosie P. Canaco (Canaco). She alleges that Canaco made sending of letters was maliciously done to delay the prosecution against
untruthful statements in the certificate of live birth of her son, Victor Canaco, who is the respondent’s client. That such act was a violation of the
Canaco De Los Santos. It was indicated in her son’s birth certificate that she lawyers oath, Canons of Professional Ethics, and his duties as an attorney.
was married to De Los Santos, Sr. On April 24 2002, an information was
filed against Canaco for violation of Sections 1 & 2 in relation to Section 9 of Issue: Whether or not the acts done by the respondent is a violation of the
PD No. 651 (Requiring the registration of births and deaths in the philippines lawyers oath, CPR, and duties as a lawyer
which occured from january 1, 1974 and thereafter): ANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS
Section 9. Penalty. Any person required under this decree to report for registration any fact OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES
concerning the civil status of persons and who fails to do so, or who deliberately makes false
statements in the birth or death form and presents the same for registration, or who violates Held:
any rule or regulation which may be issued pursuant to this decree, and any local public
health officer who fails to perform his duties as provided for in this decree, or violates any The IBP made an investigation, and in their report and recommendation, the
rule or regulation which may be issued pursuant to this decree, shall upon conviction, be IBP commissioner (Lolita A. Quisumbing) found the respondent
punished by a fine of not less than P500.00 nor more than P1,000.00 or imprisonment of not administratively liable for violating his oath as a lawyer and the Code of
less than three (3) months nor more than six (6) months, or both, in the discretion of the Profession Responsibility.
court.
She opined that: “Respondent’s acts of objecting to the offer in evidence of
During the preliminary conference, the respondent, as counsel de parte of
a photocopy of the birth certificate of Victor C. De Los Santos which
Canaco, objected to the Prosecution’s offer in evidence of the photocopy of
necessitated the postponement of the preliminary conference in order to
the birth record of Victor Canaco Delos Santos. This then resulted in a
afford the prosecution the opportunity to secure a certified true copy
resetting of the preliminary conference at some other time to give the
thereof was a calculated ploy to delay the successful prosecution of the
prosecution time to file a certified true copy of the birth certificate.
case. To guarantee its further delay, on the same day of the preliminary
On May 25, 2004, the respondent sent a leter to St. Luke’s Hospital warning conference; i.e., on 24 May 2004, he prepared the letter addressed to the
the Hospital that there are certain laws that deal with secrecy and Office of the Civil Registrar, National Census and Statistics Office and St.
confidentiality of records, and that his client, Canaco (complainant) never
Luke’s Hospital to prevent or delay the issuance of the certified true copy of
the birth certificate. Such conduct is unethical, improper and inexcusable.”
The court furthered that they find the respondent’s acts of writing and
sending out letters, deliberately misleading the MeTC, the Supreme Court
and the IBP into believing that Victor C. De Los Santos and Victor P. De Los
Santos are two different persons. Such acts constitute gross violation of his
oath as a lawyer and of the CPR (Canon 1). It is to be noted that lawyers are
officers of the court, that they have a responsibility to assist the courts in
the administration of justice.
Under Canon 1 of the Code of Professional Responsibility, lawyers should

uphold the Constitution, obey the laws of the land, and promote respect for
the law and legal processes. Specifically, Rule 1.01 of Canon 1 states that
"[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct." Rule 1.03 also provides that "[a] lawyer shall not, for any corrupt
motive or interest, encourage any suit or proceeding or delay any man’s
cause."

Delosantosii Vs Barbosa

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Delosantosii Vs Barbosa

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A.C. No. 6681 June 17, 2015 authorized anybody to secute a copy of his records.

But eventually, the

Under Canon 1 of the Code of Professional Responsibility, lawyers should

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