Mercado-v.-Atty.-Vitriolo-A.C.-No.-5108-DIGEST
Mercado-v.-Atty.-Vitriolo-A.C.-No.-5108-DIGEST
VITRIOLO
A.C. No. 5108
May 26, 2005
FACTS
Respondent Atty. Julio D. Vitriolo had acted as counsel of complainant Rosa F. Mercado
in an annulment case. Several years later, on April 13, 1999, Atty. Vitriolo filed a criminal action
against Mercado for falsification of public document. Atty. Vitriolo alleged that complainant made
false entries in the Certificates of Live Birth of her children, Angelica and Katelyn Anne. In
response, Mercado filed this complaint, alleging that said criminal complaint disclosed confidential
facts and information relating to the civil case for annulment, then handled by Atty. Vitriolo as her
counsel. She claims that, in filing the criminal case for falsification, respondent is guilty of
breaching their privileged and confidential lawyer-client relationship, and should be disbarred.
However, she did not appear at any of the scheduled hearings at the IBP.
ISSUE
Whether Atty. Vitriolo violated the rule on privileged communication between attorney and
client when he filed a criminal case for falsification of public document against his former client
RULING
NO. The elements of attorney-client privilege are (1) there exists an attorney-client
relationship, or a prospective attorney-client relationship, and it is by reason of this
relationship that the client made the communication, and (2) the client made the
communication in confidence. In the case at bar, complainant did not even specify the alleged
communication in confidence disclosed by respondent. All her claims were couched in general
terms and lacked specificity. She also failed to appear the IBP hearings, hence the lack of any
testimony on the allegations.