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Case Digest - Adan vs. Tacorda
Case Digest - Adan vs. Tacorda
FACTS:
A few days after the hearing, complainants suddenly received a copy of a motion
filed by respondent in the same case entitled "Motion to Issue Show Cause Order
to Both of the Accused in Misleading the Court as to their Falsified
Address," (Motion to Issue Show Cause Order) which was dated February 28,
2017. Respondent, through this Motion to Issue Show Cause Order, claimed that
the address given by complainants for the purpose of posting bail was "false and
misleading," and continued to state that:
3) [As] such [both] the accused mislead this Honorable Court by falsifying
their given address in order for them to evade the processes and order of
this court or perhaps [absconding] from some lawful debt or for whatever
reasons;
In their Complaint dated March 30, 2017, complainants stated that although the
Motion to Issue Show Cause Order was already drafted on February 28, 2017,
respondent did not inform them of any problem relating to his compensation.
Instead, respondent proceeded to file the Motion to Issue Show Cause Order,
which was contrary to complainants' cause, without their knowledge or consent.
Complainants also claimed that it was respondent who gave them the idea to use
the address of Tarcisio Vibar (Vibar), another client of respondent who referred
the complainants to him, as respondent knew of Vibar's residence and that they
also reside in Catarman, Northern Samar. Furthermore, complainants stated that
respondent's allegation that they had been evading the payment of attorney's
fees was incorrect, as respondent said, presumably in a text message, that there
was "NO COST AND NO MONEY INVOLVED FOR HIS SERVICES AND IT IS ONLY
FOR FREE." However, during times when complainants were unable to send
money to respondent, the latter would send them insulting, degrading, and
offensive text messages, such as "DI AKO PAO NA LIBRE AND SERBISYO KO,
MGA ULOL.
ISSUE:
Whether or not Atty. Tacorda violated the Lawyer’s Oath and Canon 1520 of the
Code of Professional Responsibility.
RULING:
The Court finds that the acts of respondent constitute misconduct, in violation of
his oath as a member of the Bar and several provisions of the CPR.
While acting as counsel for complainants in the perjury case, respondent filed
the Motion to Issue Show Cause Order against his own clients without their
knowledge and consent. Whatever justification respondent might have in filing
the same, he had incontrovertibly shown his unwillingness to remain faithful to
his clients' cause by failing to address or resolve the issue himself and
unabashedly seeking to hold them in contempt for something he failed to
address as their counsel. By his own admission, respondent knew that the
address complainants gave for the purpose of posting bail in the perjury case
was incorrect as it was actually the address of Vibar whom respondent was very
familiar with. To protect his own interest, however, respondent had more or less
acted in a manner that directly conflicted or opposed complainants' cause.
In filing the Motion to Issue Show Cause Order against his own clients - which if
granted would have been prejudicial to their cause - respondent violated Canons
15 and 17 of the CPR, to wit:
CANON 15 - A lawyer shall observe candor, fairness, and loyalty in all his
dealings and transactions with his client.
CANON 17 - A lawyer owes fidelity to the cause of his client and shall be mindful
of the trust and confidence reposed in him.
RULE 20.04. A lawyer shall avoid controversies with clients concerning his
compensation and shall resort to judicial action only to prevent imposition,
injustice or fraud.
Taking the foregoing acts altogether, respondent failed to abide by his oath as a
lawyer, particularly the portion which states: "I will delay no man for money or
malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the courts as to my
clients."