Professional Documents
Culture Documents
DECISION
PUNO, J.:
Complainants seek the disbarment or suspension of respondent from the practice of law
for unlawful, dishonest, immoral and deceitful conduct. They allege that respondent
sold them a piece of property over which he has no right nor interest, and that he
refuses to return to them the amount they have paid him for it.
In May 1999, complainants and respondent entered into a Deed of Assignment. 1 For the
price ofP1.5M, respondent transferred, in favor of the complainants, his rights and
interests over a townhouse unit and lot, located at 75 Granwood Villas Subd., BF
Homes, Quezon City. Respondent also obligated himself to deliver to complainants a
copy of the Contract to Sell he executed with Crown Asia, the townhouse developer,
dated April 19, 1996. Upon full payment of the purchase price, respondent further
undertook to have Crown Asia execute a Deed of Absolute Sale over the property in
favor of the complainants.
Complainants subsequently received information from Crown Asia that respondent has
not paid in full the price of the townhouse at the time he executed the Deed of
Assignment. Respondent also failed to deliver to complainants a copy of the Contract to
Sell he allegedly executed with Crown Asia. For these reasons, complainant Marili
Ronquillo ordered the bank to stop payment on the second check she issued to
respondent in the amount of P187,500.00.
We agree.
Under Section 27, Rule 138 of the Revised Rules of Court, a member of the Bar may be
disbarred or suspended on any of the following grounds: (1) deceit; (2) malpractice or
other gross misconduct in office; (3) grossly immoral conduct; (4) conviction of a crime
involving moral turpitude; (5) violation of the lawyer's oath; (6) willful disobedience of
any lawful order of a superior court; and (7) willfully appearing as an attorney for a
party without authority. Rule 1.01, Canon 1 of the Code of Professional Responsibility
provides that "A lawyer shall not engage in unlawful, dishonest,immoral or deceitful
conduct." "Conduct," as used in this rule, does not refer exclusively to the performance
of a lawyer's professional duties. This Court has made clear in a long line of cases 7 that a
lawyer may be disbarred or suspended for misconduct, whether in his professional or
private capacity, which shows him to be wanting in moral character, honesty, probity
and good demeanor, or unworthy to continue as an officer of the court.
In the instant case, respondent may have acted in his private capacity when he entered
into a contract with complainant Marili representing to have the rights to transfer title
over the townhouse unit and lot in question. When he failed in his undertaking,
respondent fell short of his duty under Rule 1.01, Canon 1 of the Code of Professional
Responsibility. It cannot be gainsaid that it was unlawful for respondent to transfer
property over which one has no legal right of ownership. Respondent was likewise
guilty of dishonest and deceitful conduct when he concealed this lack of right from
complainants. He did not inform the complainants that he has not yet paid in full the
price of the subject townhouse unit and lot, and, therefore, he had no right to sell,
transfer or assign said property at the time of the execution of the Deed of Assignment.
His acceptance of the bulk of the purchase price amounting to Nine Hundred Thirty-
Seven Thousand Five Hundred Pesos (P937,500.00), despite knowing he was not
entitled to it, made matters worse for him.
Respondent's adamant refusal to return to complainant Marili Ronquillo the money she
paid him, which was the fruit of her labor as an Overseas Filipino Worker for ten (10)
years, is morally reprehensible. By his actuations, respondent failed to live up to the
strict standard of morality required by the Code of Professional Responsibility and
violated the trust and respect reposed in him as a member of the Bar, and an officer of
the court.
xxx
I am working now on a private project which hopefully will be realized not long from
now but I need a little time to fix some things over. May I please request for a period of
20 days from May 15, 2000 within which to either completely pay Crown Asia or return
the money at your option. (Emphasis supplied)cralawlibrary
In no uncertain terms, respondent admitted not having full ownership over the subject
townhouse unit and lot, as he has yet to completely pay Crown Asia. Respondent even
failed to produce the Contract to Sell he allegedly executed with Crown Asia over the
subject unit, which would show the extent of his right of ownership, if any, over the
townhouse unit and lot in question.
To be sure, complainants gave respondent sufficient time to fulfill his obligation. It was
only after almost two years had passed, after respondent promised to pay Crown Asia
or return to complainants the amount they paid him, that complainants sent respondent
a second letter8demanding solely the return of the amount of P937,500.00, including
legal interest. By this time, it was indubitable that respondent would not be able to
perform his end of their agreement.
The practice of law is not a right but a privilege. It is granted only to those of good
moral character.9The Bar must maintain a high standard of honesty and fair
dealing.10 Lawyers must conduct themselves beyond reproach at all times, whether they
are dealing with their clients or the public at large, 11 and a violation of the high moral
standards of the legal profession justifies the imposition of the appropriate penalty,
including suspension and disbarment.12
SO ORDERED.
Case Digest
FACTS:
Atty. Homobono t. Cezar entered into a Deed of Assignment for the price of
P1.5M in favor of Marili C. Ronquillo, a Filipino citizen residing in Cannes, France his
rights and interests over a townhouse unit and lot and obligated himself to deliver to
complainants a copy of the Contract to Sell he executed with Crown Asia, the
townhouse developer.
ISSUE:
Whether or not Atty. Homobono T. Cezar should be disbarred or suspended for
deceit and grossly immoral conduct.
HELD:
Under Section 27, Rule 138 of the Revised Rules of Court, a member of the Bar
may be disbarred or suspended on any of the following grounds: (1) deceit; (2)
malpractice or other gross misconduct in office; (3) grossly immoral conduct; (4)
conviction of a crime involving moral turpitude; (5) violation of the lawyers oath; (6)
willful disobedience of any lawful order of a superior court; and (7) willfully appearing
as an attorney for a party without authority.
He did not inform the complainants that he has not yet paid in full the price of
the subject townhouse unit and lot, and, therefore, he had no right to sell, transfer or
assign said property at the time of the execution of the Deed of Assignment.
Lawyers must conduct themselves beyond reproach at all times, whether they
are dealing with their clients or the public at large, and a violation of the high moral
standards of the legal profession whether or not the attorney is still fit to be allowed to
continue as a member of the Bar; cannot rule on the issue of the amount of money that
should be returned
Atty. Jose O. Alovera, former Presiding Judge of the Regional Trial Court of Roxas
City, Branch 17, faces disbarment for having penned a Decision [1] dated January 30, 1995
long after his retirement from the Judiciary on January 31, 1995 which ultimately
divested complainant Victoria V. Radjaie of her property in Panay, Capiz.
In an Affidavit-Complaint[2] filed before the Office of the Bar Confidant on April 21,
1997,[3] complainant sought the disbarment of respondent enumerating the following
particulars to support her contention that the questioned January 30, 1995 decision was
prepared after the retirement of respondent:
a) Almost all orders issued by then Judge Alovera prior to his retirement bear
the stamp "RECEIVED" by Branch 17 of RTC-Roxas City, with the initial of
the one who received it for filing with the court-record except the Order of
January 25, 1995 (p. 87 records) admitting, and the Decision dated January
30, 1995 (pp. 88-93, ibid.).
b) It can also be seen that all the orders issued prior to the retirement were all
type-written in the same type-[writer] except the January 25, 1995 Order (p.
87) and the Decision (pp. 88-93) and these two (2) documents appear to have
been type-written on the same type-[writer].
c) It is also a source of wonder why plaintiffs formally offered their evidence
one year after the last witness was presented last December 10, 1993.
xxx xxx xxx
Plaintiffs had until January 20, 1994 to formally offer their evidence but it took them one
(1) year and five (5) days to file such a simple pleading. It goes against the normal
human experience when plaintiffs who are allowed to present evidence ex-parte are
usually very quick in having things done because there is no opposition but in this case
it took plaintiffs a while to formally rest which was only fifteen (15) days prior to the
retirement of Mr. Alovera. This timing is highly suspect.
d) Even plaintiffs' formal offer of evidence showed badges of fraud. It was not
received by the trial court. Page 67 shows this clearly. It would not be
surprising if the same was also inserted into the records on a much later date
and Atty. Alberto Villaruz must be made to explain this too.
It was dated January 20, 1995 but the date of the Professional Tax Receipt (PTR) of Atty.
Alberto A. Villaruz, counsel for the plaintiffs, was issued only on January 31, 1995. This
is shown on Page 71 of the records.
e) There is no showing that the January 25, 1995 Order (p. 87) admitting the
formal offer was even received by a Court staff for filing with the records.
f) The same can be said of the January 30, 1995 Decision (pp. 88-93) which was
allegedly decided five (5) days after the Order admitting the evidence (p. 87)
was allegedly issued. What a swift action from a retiring judge.
g) A copy of the Decision was not even sent to the counsel for the plaintiffs but
is shown to have been received by one of the plaintiffs only on August 1,
1995 (p. 93).
h) Again, it is beyond the normal experience for a lawyer such as Atty. Villaruz
who is a practitioner in the locality and who is in Court almost everyday that
he will not follow up if there is already a decision rendered in a case where
he was allowed to present evidence ex-parte or even be told about it.
i) The records show that all orders after the retirement of Mr. Alovera bear the
stamp "RECEIVED" by the Court staff who received them for filing in the
court records.
Traversing the allegations of the Affidavit-Complaint as purely speculative and not
based on personal knowledge, the respondent, in his Comment [4] dated August 20, 1997,
further assailed as simply self-serving complainant's Affidavit-Complaint alleging that
a careful scrutiny of the expediente of Civil Case No. V-6186 would reveal that
respondent observed due process when he resolved the said case against complainant.
[5]
It was only when Judge Julius Abela, who succeeded him in RTC, Br. 17, Roxas City,
annulled, through a resolution, the questioned January 30, 1995 decision, which
ostensibly having become final was also executed, did the matter get out of hand. [6] His
said decision, respondent argued, may only be impeached, annulled or otherwise set
aside under three (3) modes,[7] all of which were either not availed of by complainant for
lapse of time, or like an action to annul the judgment, though still available, should not
have been filed in the same court, which rendered the questioned decision, but should
have been filed, instead, in the Court of Appeals. [8] As to the absence of stamp
"RECEIVED" on the questioned decision, respondent shifted the blame to the then OIC
Clerk of Court of the said court, Mrs. Nenita Aluad, contending that after the decision
was rendered on January 30, 1995, he lost control of it and he surmised that Mrs. Aluad,
who had the duty to receive and record the decision, might have lost it "momentarily." [9]
In a Resolution[10] dated October 22, 1997, this Court referred the instant case to the
Office of the Bar Confidant for investigation, report and recommendation. While in the
process of investigation, three (3) incidents occurred, namely:
1. The Integrated Bar of the Philippines (IBP), Capiz Chapter, approved
Resolution No. 9, Series of 1997 on December 17, 1997, questioning the order,
dated November 28, 1997, of the Regional Trial Court, Br. 17, Roxas City,
which ordered the suspension from the practice of law of herein respondent
and Atty. Alberto Villaruz;
2. The Court En Banc, in its Resolution of December 22, 1997, resolved to issue a
temporary restraining order (TRO) in G.R. No. 131505, entitled "Atty.
Alberto A. Villaruz vs. Honorable Julius L. Abela," ordering the respondent
judge therein to cease and desist from enforcing and/or implementing his
questioned order dated November 28, 1997 in Civil Case No. V-6186, which
ordered the suspension of Atty. Villaruz; and,
3. Respondent Alovera filed a petition for certiorari before the Supreme Court,
entitled "Jose Alovera vs. Victoria Villariez-Radjaie and Judge Julius L.
Abela," under G.R. No. 131768, which, at the time was still pending,
questioning the Order of November 28, 1997 which ordered respondent's
suspension from the practice of law.
Thus, necessitated the filing of the Manifestation [11] by the Office of the Bar Confidant on
January 27, 1998, inquiring from the Court whether to proceed with the investigation of
the case in view of the aforementioned incidents.
On February 18, 1998, the Court directed the Office of the Bar Confidant to proceed
with the investigation of the instant case.[12]
Judge Julius Abela, Nenita M. Aluad, legal researcher, Teresita V. Bauzon, court
stenographer, Concepcion Alcazar, clerk-in-charge of civil cases and special
proceedings, all of Regional Trial Court, Br. 17, Roxas City, Rosa Dapat, court
stenographer of Regional Trial Court, Br. 15, Roxas City and the complainant herself
testified as witnesses for the complainant.
The respondent presented as his lone witness, Mrs. Rosa Dapat, who merely
testified on the January 10, 1993 proceedings inside his chambers. Respondent himself
did not testify and neither did any other witness testify for him, despite the issuance of
subpoena ad testificandum on Ireneo Borres and Ludovico Buhat, who both failed to
appear at the investigation. In lieu of their oral testimonies, respondent offered and
presented their respective affidavits.[13] Complainant chose not to object thereto and
even waived her right, through her counsel, to cross-examine them.
The established facts, as quoted from the Report dated November 17, 1999 of the
Office of the Bar Confidant, are as follows:
On July 2, 1992, the heirs of the late Faustina Borres, Segundina Borres, Felisa Borres,
Micaela Borres, Maria Bores, and Sixto Borres (hereinafter "Borres heirs") through their
counsel, Atty. Alberto A. Villaruz, filed an action for Partition and Accounting,
docketed as Civil Case No. V-6186, with the Regional Trial Court, Br. 15, Roxas City,
against herein complainant, Victoria V. Radjaie, who was presumably an heir of the late
Faustina Borres. The action sought, among others, the cancellation of Transfer
Certificate of Title No. T-24150 in the name of herein complainant covering a parcel of
land with an area of 215,777 square meters situated in Panay, Capiz, and the declaration
of the said parcel of land as property commonly owned by the Borres heirs.
On July 16, 1993, Br. 17, to which Civil Case No. V-6186 was re-raffled, declared herein
complainant in default and ordered the Borres heirs to present their evidence on July
30, 1993.[14]
It was only after three (3) postponements that the Borres heirs were able to start
presenting their evidence ex-parte on October 8, 1993. For lack of material time,
however, the presentation of evidence was again reset to November 22, 1993, which
again was postponed and reset to December 10, 1993.[15]
On December 10, 1993, there were several criminal and civil actions scheduled for trial,
which commenced at about 10:00 in the morning, before Br. 17, including Civil Case No.
V-6186, which was listed number four in the court calendar. Judge Alovera presided
over the hearing and Teresita V. Bauzon, court stenographer of Br. 17, took down notes
of the Proceedings. Atty. Villaruz appeared for the accused in a criminal case [16] before
Br. 17 at the time. The court had a recess at 11:10 and resumed at 11:35 in the
morning. After the hearing of criminal cases was through, Civil Case No. V-6186 was
called at about 11:55 in the morning, but the plaintiffs as well as their counsel, Atty.
Villaruz, were no longer inside the courtroom. The session thus adjourned at 11:57 in
the morning without Civil Case No. V-6186 being heard. [17]
At about 11:30 in the morning of the same date, Atty. Villaruz approached Rosa Dapat,
who was the court stenographer at the time of RTC, Br. 15, Roxas City, while she was in
her office. Atty. Villaruz told her that Judge Alovera was requesting her to assist in the
proceedings of Civil Case No. V-6186. At first she was hesitant to accede to the request
as Br. 17 had also its own court stenographer. She relented though when told that Br. 17
as well as the other branches had no available court stenographer. She then went to Br.
17 and saw Atty. Villaruz standing by the door of the chambers of Judge Alovera. Atty.
Villaruz motioned her to enter the chambers, which is separate from the courtroom.
While inside the chambers, she saw Judge Alovera behind his desk and other people
whom she did not know. Upon being told that Mrs. Dapat would be the stenographer,
Judge Alovera told Atty. Villaruz to start the proceedings. Following the manifestation
made by Atty. Villaruz, a witness, whom she later recognized to be Atty. Arturo
Agudo, was called. At that instant Judge Alovera stood up and said, "All right, you just
continue," and then went out of the chambers.[18] Judge Alovera would occasionally
return to the chambers in the course of the proceedings, but he would just sit down and
listen while Atty. Villaruz was conducting his direct examination of the witness and
presenting documentary evidence. [19] The proceedings lasted up to 12:10 in the
afternoon, with Judge Alovera making only two rulings in the course thereof, including
the one he made at the end when he ordered the plaintiffs to file their written offer of
evidence on January 20, 1994.[20]
From this point on, complainant would establish how the January 30, 1995 decision of
Judge Alovera in Civil Case No. V-6186 came about.
Prior to his retirement from the judiciary on January 31, 1995, or on January 5, 1995,
Judge Alovera designated his legal researcher, Mrs. Nenita Aluad, to be the OIC Branch
Clerk of Court.[21] As part of her functions as such OIC, all decisions, orders and
resolutions of Br. 17 would first be received by her from the judge, and would stamp
them "RECEIVED" and put thereon the date of receipt as well as her initial or signature.
[22]
This is in accordance with Sec. 1, Rule 36 of the Rules of Court.[23]
On August 1, 1995 at about 9:30 in the morning, retired Judge Alovera came to Br. 17,
with a man and a woman, later identified as the plaintiffs in Civil Case No. V-6186,
behind him. While he was approaching Nenita Aluad, he uttered to the latter, "Receive
this, receive this, " referring to the questioned January 30, 1995 decision, which he was
holding. As he spread the decision on her table, he continued, "Because I will defend you
even up to the Plaza Miranda. And give copies to these two, pointing to the plaintiffs who
were at his back.[25] Almost instantaneously, Mrs. Aluad replied, " I would not receive it
because it is already August 1, 1995," and she did not argue with him anymore so as not to
embarrass him for being her former superior. [26] She then went out of the office while
retired Judge Alovera, as well as the two plaintiffs were still inside. [27]At about the same
time, Mrs. Concepcion Alcazar, another employee of Br. 17 and the clerk-in-charge of
civil cases and special proceedings therein, saw Judge Alovera inside the office of Br. 17
while trying to have her co-employees receive the questioned decision. Nobody,
however, received the same because it was already seven (7) months after his
retirement.[28] A little later, she found the questioned decision, together with the formal
offer of exhibits of January 20, 1995 and the order of January 25, 1995, on the top of her
table. Although she noticed that these records were not stamped "RECEIVED" as a
matter of procedure, she went on to attach the said records to the expediente of Civil
Case No. V-6186.[29] She even gave a copy of the questioned decision to one of the
plaintiffs, Ireneo Borres, and to Atty. Villaruz, which was received for him by Ireneo
Borres.[30] After keeping the expediente, she then entered the questioned decision in her
logbook.[31]
The Borres heirs succeeded in having the questioned decision executed when, on
January 31, 1996, the lessee of the property, which is the subject matter of Civil Case No.
V-6186, surrendered possession of the said property in favor of the Borres heirs, [32] Said
transfer of possession was made pursuant to the writ of execution issued on January 19,
1996 by the Acting Presiding Judge of Br. 17, Hon. Delano F. Villaruz, through Clerk of
Court Susan Mendoza Arce.[33]
Meanwhile, complainant, who had been working in Japan together with his husband
who is employed at the Turkish Embassy in Tokyo, Japan, learned of what happened to
her property in Panay, Capiz.[34] She was thus prompted to come back to the
Philippines, which resulted in losing her job in Japan.
Back home, complainant, on March 5, 1996, filed a Petition for Relief from Order,
questioning the January 30, 1995 decision and the January 19, 1996 Writ of Execution.
[35]
She also prayed "that disciplinary and contempt proceedings be taken against those
involved in the perfidious anomaly to tamper with the administration of justice." [36]
Judge Julius L. Abela took cognizance of Civil Case No. V-6186 as he was the acting
presiding judge of Br. 17 at the time of the filing of said petition for relief from order.
[37]
In the course of the proceedings thereof, he noticed that the Formal Offer of Exhibits
purportedly filed by the plaintiffs, i.e., Borres heirs, was dated January 20, 1995, while
the PTR of their counsel, Atty. Alberto Villaruz, was issued on January 31, 1995. He
concluded then that the said offer could not have been filed on January 20, 1995. When
he asked Atty. Villaruz about it, the latter refused to answer and just kept quiet. [38] He
likewise observed that there was no order in Civil Case No. V-6186 submitting the same
for decision, except for the order made by Judge Alovera on December 10, 1993 during
the "simulated proceedings" inside his chambers, where he directed the counsel for the
plaintiffs to file his offer of exhibits. [39] Mrs. Rosa Dapat, who took down notes during
the said proceedings and who was not a member of the staff of Br. 17, was not even
acknowledged on the records as the official stenographer in the course thereof. [40] Thus,
in his resolution of September 25, 1997, Judge Abela granted the petition for relief filed
by complainant and the latter was ordered reinstated to the possession of the property
in question. In the same resolution, Judge Abela declared the January 30, 1995 decision
null and void, the same not being filed with the clerk of court and not properly
rendered in accordance with Section 1, Rule 36, Rules of Court.[41]
From the foregoing facts and circumstances the following facts are established that:
1) Civil Case No. V-6186 was not tried on December 10, 1993. What transpired
was a mock or simulated trial inside the chamber of Judge Alovera where
only Atty. Alberto Villaruz, the plaintiffs and Mrs. Rosa Dapat, a court
stenographer from another court, were present. No Judge or RTC Branch 17
court personnel were present as there was actual court session in open court
going on at that time.
2) The records of Civil Case No. V-6186 were with Judge Jose O. Alovera and
remained with him even after his retirement on January 31, 1995. He did not
return the record to Mrs. Concepcion Alcazar, Court Clerk III in Charge of
Civil Cases.
3) The record of Civil Case No. V-6186 turned up on the table of Mrs. Alcazar
together with the "Offer of Exhibits" of Atty. Villaruz dated January 20, 1995
and the "Order" dated January 25, 1995, after the retirement of Judge
Alovera. Both the Offer and the Order admitting the exhibits were not
properly filed and do not bear markings of having been received by the
court.
4) The "decision" of Judge Jose O. Alovera, though dated January 30, 1995, was
filed with the court on August 1, 1995 by former Judge Alovera himself and
because he was no longer a judge his submission was refused.
- CONCLUSIONS -
The "Offer of Exhibits" of Atty. Alberto Villaruz though dated January 20, 1995
bears signature and PTR No. issued on January 31, 1995. This simply means that the
pleadings (were) ante dated. It is impossible for Atty. Villaruz to affix his PTR No.
dated January 31, 1995 or any date prior to its issuance. The Offer of Exhibits could have
been made only on January 31, 1995 or later. Because this is so, the Order of Judge
Alovera dated January 25, 1995 is also ante dated and could have been made only on a
date beyond the filing of the Offer of Exhibits. So also with the decision of former Judge
Alovera dated January 30, 1995.
The Order admitting the exhibits and the decision were made after the retirement of
Judge Alovera. He was no longer a judge.
The acts of Attys. Alberto Villaruz and Jose O. Alovera constitute deceit, malpractice,
serious and grave misconduct as lawyer justifying their suspension from the practice of
law and ultimately their disbarment.[43]
Based on the foregoing findings, the Bar Confidant recommended the disbarment
of respondent, declaring that it found more than sufficient evidence to sustain
complainant's charge against respondent that, indeed, the January 30, 1995 decision in
Civil Case No. V-6186, which divested complainant of her property in Panay, Capiz,
was penned by respondent after his retirement from the judiciary on January 31, 1995.
This Court finds the recommendation of the Office of the Bar Confidant to be well-
taken. Respondent has thus sufficiently demonstrated that he is morally and legally
unfit to remain in the exclusive and honorable fraternity of the legal profession.
In his long years as a lawyer, respondent has forgotten his sworn pledge as a
lawyer. It is time once again that the Court inculcate in the hearts of all lawyers that
pledge; thus -
LAWYER'S OATH
" I, x x x, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support and defend its Constitution and obey the laws as well as the
legal orders of the duly constituted authorities therein; I will do no falsehood nor
consent to its commission; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit nor give aid nor consent to the same; I will not delay
any man's cause 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 and I impose upon myself this obligation voluntary, without any mental
reservation or purpose of evasion.
SO HELP ME GOD.
This oath to which all lawyers have subscribed in solemn agreement to dedicate
themselves to the pursuit of justice, is not a mere ceremony or formality for practicing
law[44] to be forgotten afterwards nor is it mere words, drift and hollow, but a sacred
trust that every lawyer must uphold and keep inviolable at all times. [45] This oath is
firmly echoed and reflected in the Code of Professional Responsibility, the particular
provisions of which are applicable to the case at bar, provide, to wit:
CANON 1 - A lawyer shall uphold the constitution, obey the laws of the
land and promote respect for law and for legal processes.
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal system.
xxx xxx xxx
CANON 7 - A lawyer shall at all times uphold the integrity and dignity of
the legal profession, and support the activities of the Integrated Bar.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor should he, whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.
xxx xxx xxx
CANON 10 - A lawyer owes candor, fairness and good faith to the court.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of
any in court; nor shall he mislead or allow the court to be misled by
any artifice.
All of these underscore the role of the lawyer as the vanguard of our legal system.
When respondent took the oath as a member of the legal profession, he made a solemn
promise to so stand by his pledge. [46] In this covenant, respondent miserably failed.
The testimonies of Nenita M. Aluad, Teresita V. Bauzon and Concepcion Alcazar
were all quite telling on how respondent acted in a grossly reprehensible manner in
having the questioned decision dated January 30, 1995 come to fore, leading ultimately
to its execution divesting the complainant of her property. Respondent gravely abused
his relationship with his former staff, pompously flaunting his erstwhile standing as a
judge. Respondent disregarded his primary duty as an officer of the court, who is
sworn to assist the courts and not to impede or pervert the administration of justice to
all and sundry.[47] In so doing, he made a mockery of the judiciary and eroded public
confidence in courts and lawyers.
This Court has been nothing short of exacting in its demand for integrity and good
moral character from members of the Bar. By swearing the lawyer's oath, an attorney
becomes a guardian of truth and the rule of law, and an indispensable instrument in the
fair and impartial administration of justice - a vital function of democracy a failure of
which is disastrous to society. Any departure from the path which a lawyer must
follow as demanded by the virtues of his profession shall not be tolerated by this Court
as the disciplining authority[48] for there is perhaps no profession after that of the sacred
ministry in which a high-toned morality is more imperative than that of law. [49]
Despite the opportunities accorded to respondent to present substantial defense to
refute the charges against him, he failed neither to do so nor to offer a valid
explanation. When the integrity of a member of the bar is challenged, it is not enough
that he denies the charges against him; he must meet the issue and overcome the
evidence against him. He must show proof that he still maintains that degree of
morality and integrity which at all times is expected of him.[50]
Given the peculiar factual circumstances prevailing in this case, the Court finds as
appropriate the recommended penalty of the Office of the Bar Confidant in its
Report. Such gross misconduct of the respondent brings intolerable dishonor to the
legal profession and calls for the severance of respondents privilege to practice law for
life.
WHEREFORE, respondent JOSE O. ALOVERA is hereby DISBARRED. The Office
of the Clerk of Court is directed to strike out his name from the Roll of Attorneys and to
inform all courts of this Decision.
SO ORDERED.
EN BANC
RESOLUTION
TINGA, J.:
The Court is here confronted with a Petition that seeks twin reliefs, one of which is
ripe while the other has been rendered moot by a supervening event.
The antecedents follow.
On October 14, 2002, Atty. Froilan R. Melendrez (Melendrez) filed with the Office of
the Bar Confidant (OBC) a Petition[1] to disqualify Haron S. Meling (Meling) from taking
the 2002 Bar Examinations and to impose on him the appropriate disciplinary penalty
as a member of the Philippine Sharia Bar.
In the Petition, Melendrez alleges that Meling did not disclose in his Petition to take
the 2002 Bar Examinations that he has three (3) pending criminal cases before the
Municipal Trial Court in Cities (MTCC), Cotabato City, namely: Criminal Cases Noa.
15685 and 15686, both for Grave Oral Defamation, and Criminal Case No. 15687 for
Less Serious Physical Injuries.
The above-mentioned cases arose from an incident which occurred on May 21, 2001,
when Meling allegedly uttered defamatory words against Melendrez and his wife in
front of media practitioners and other people. Meling also purportedly attacked and hit
the face of Melendrez wife causing the injuries to the latter.
Furthermore, Melendrez alleges that Meling has been using the title Attorney in
his communications, as Secretary to the Mayor of Cotabato City, despite the fact that he
is not a member of the Bar. Attached to the Petition is an indorsement letter which
shows that Meling used the appellation and appears on its face to have been received
by the Sangguniang Panglungsod of Cotabato City on November 27, 2001.
Pursuant to this Courts Resolution[2] dated December 3, 2002, Meling filed
his Answer with the OBC.
In his Answer,[3] Meling explains that he did not disclose the criminal cases filed
against him by Melendrez because retired Judge Corocoy Moson, their former
professor, advised him to settle his misunderstanding with Melendrez. Believing in
good faith that the case would be settled because the said Judge has moral ascendancy
over them, he being their former professor in the College of Law, Meling considered the
three cases that actually arose from a single incident and involving the same parties as
closed and terminated. Moreover, Meling denies the charges and adds that the acts
complained of do not involve moral turpitude.
As regards the use of the title Attorney, Meling admits that some of his
communications really contained the word Attorney as they were, according to him,
typed by the office clerk.
In its Report and Recommendation[4] dated December 8, 2003, the OBC disposed of the
charge of non-disclosure against Meling in this wise:
The reasons of Meling in not disclosing the criminal cases filed against him in his
petition to take the Bar Examinations are ludicrous. He should have known that only
the court of competent jurisdiction can dismiss cases, not a retired judge nor a law
professor. In fact, the cases filed against Meling are still pending. Furthermore,
granting arguendo that these cases were already dismissed, he is still required to disclose
the same for the Court to ascertain his good moral character. Petitions to take the Bar
Examinations are made under oath, and should not be taken lightly by an applicant.
The merit of the cases against Meling is not material in this case. What matters is his act
of concealing them which constitutes dishonesty.
It has been held that good moral character is what a person really is, as distinguished
from good reputation or from the opinion generally entertained of him, the estimate in
which he is held by the public in the place where he is known. Moral character is not a
subjective term but one which corresponds to objective reality. The standard of personal
and professional integrity is not satisfied by such conduct as it merely enables a person
to escape the penalty of criminal law. Good moral character includes at least common
honesty.
The non-disclosure of Meling of the criminal cases filed against him makes him also
answerable under Rule 7.01 of the Code of Professional Responsibility which states that
a lawyer shall be answerable for knowingly making a false statement or suppressing a material
fact in connection with his application for admission to the bar.[5]
As regards Melings use of the title Attorney, the OBC had this to say:
Anent the issue of the use of the appellation Attorney in his letters, the explanation of
Meling is not acceptable. Aware that he is not a member of the Bar, there was no valid
reason why he signed as attorney whoever may have typed the letters.
Although there is no showing that Meling is engaged in the practice of law, the fact is,
he is signing his communications as Atty. Haron S. Meling knowing fully well that he
is not entitled thereto. As held by the Court in Bar Matter 1209, the unauthorized use of
the appellation attorney may render a person liable for indirect contempt of court. [6]
Consequently, the OBC recommended that Meling not be allowed to take the
Lawyers Oath and sign the Roll of Attorneys in the event that he passes the Bar
Examinations. Further, it recommended that Melings membership in the Sharia Bar be
suspended until further orders from the Court.[7]
We fully concur with the findings and recommendation of the OBC. Meling,
however, did not pass the 2003 Bar Examinations. This renders the Petition, insofar as it
seeks to prevent Meling from taking the Lawyers Oath and signing the Roll of
Attorneys, moot and academic.
On the other hand, the prayer in the same Petition for the Court to impose the
appropriate sanctions upon him as a member of the Sharia Bar is ripe for resolution
and has to be acted upon.
Practice of law, whether under the regular or the Sharia Court, is not a matter of
right but merely a privilege bestowed upon individuals who are not only learned in the
law but who are also known to possess good moral character. [8] The requirement of
good moral character is not only a condition precedent to admission to the practice of
law, its continued possession is also essential for remaining in the practice of law. [9]
The standard form issued in connection with the application to take the 2002 Bar
Examinations requires the applicant to aver that he or she has not been charged with
any act or omission punishable by law, rule or regulation before a fiscal, judge, officer
or administrative body, or indicted for, or accused or convicted by any court or tribunal
of, any offense or crime involving moral turpitude; nor is there any pending case or
charge against him/her. Despite the declaration required by the form, Meling did not
reveal that he has three pending criminal cases. His deliberate silence constitutes
concealment, done under oath at that.
The disclosure requirement is imposed by the Court to determine whether there is
satisfactory evidence of good moral character of the applicant. [10] The nature of
whatever cases are pending against the applicant would aid the Court in determining
whether he is endowed with the moral fitness demanded of a lawyer. By concealing the
existence of such cases, the applicant then flunks the test of fitness even if the cases are
ultimately proven to be unwarranted or insufficient to impugn or affect the good moral
character of the applicant.
Melings concealment of the fact that there are three (3) pending criminal cases
against him speaks of his lack of the requisite good moral character and results in the
forfeiture of the privilege bestowed upon him as a member of the Sharia Bar.
Moreover, his use of the appellation Attorney, knowing fully well that he is not
entitled to its use, cannot go unchecked. In Alawi v. Alauya,[11]the Court had the
occasion to discuss the impropriety of the use of the title Attorney by members of the
Sharia Bar who are not likewise members of the Philippine Bar. The respondent
therein, an executive clerk of court of the 4 th Judicial Sharia District in Marawi City,
used the title Attorney in several correspondence in connection with the rescission of
a contract entered into by him in his private capacity. The Court declared that:
persons who pass the Sharia Bar are not full-fledged members of the Philippine Bar,
hence, may only practice law before Sharia courts. While one who has been admitted
to the Sharia Bar, and one who has been admitted to the Philippine Bar, may both be
considered counselors, in the sense that they give counsel or advice in a professional
capacity, only the latter is an attorney. The title attorney is reserved to those who,
having obtained the necessary degree in the study of law and successfully taken the Bar
Examinations, have been admitted to the Integrated Bar of the Philippines and remain
members thereof in good standing; and it is they only who are authorized to practice
law in this jurisdiction.[12]
The judiciary has no place for dishonest officers of the court, such as Meling in this
case. The solemn task of administering justice demands that those who are privileged
to be part of service therein, from the highest official to the lowliest employee, must not
only be competent and dedicated, but likewise live and practice the virtues of honesty
and integrity. Anything short of this standard would diminish the public's faith in the
Judiciary and constitutes infidelity to the constitutional tenet that a public office is a
public trust.
In Leda v. Tabang, supra, the respondent concealed the fact of his marriage in his
application to take the Bar examinations and made conflicting submissions before the
Court. As a result, we found the respondent grossly unfit and unworthy to continue in
the practice of law and suspended him therefrom until further orders from the Court.
WHEREFORE, the Petition is GRANTED insofar as it seeks the imposition of
appropriate sanctions upon Haron S. Meling as a member of the Philippine Sharia
Bar. Accordingly, the membership of Haron S. Meling in the Philippine Sharia Bar is
hereby SUSPENDED until further orders from the Court, the suspension to take effect
immediately. Insofar as the Petition seeks to prevent Haron S. Meling from taking the
Lawyers Oath and signing the Roll of Attorneys as a member of the Philippine Bar, the
same is DISMISSED for having become moot and academic.
Copies of this Decision shall be circulated to all the Sharia Courts in the country for
their information and guidance.
SO ORDERED.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
FERNANDEZ, J.:
On April 27, 1971, Pilar Abaigar filed this administrative case for disbarment against David D. C.
Paz, a member of the Philippine Bar.
The verified complaint alleged that sometime in March 1970, the complainant, Pilar Abaigar sought
the aid of a legal counsel regarding her divorce case filed by her husband in the Superior Court of
California, County of Alameda, U.S.A.; that she called on the telephone the office of Congressman
Bagatsing in Manila; that the respondent David D.C. Paz, answered the telephone call and
volunteered his legal services; that believing that the respondent had the necessary legal
experience, the complainant confided her legal problems to him: that after the termination of the
divorce case, the respondent became exceedingly friendly with the complainant and started to
profess his love for her; that at the start, the complainant was hesitant in continuing the cordial
relations between her and the respondent but the respondent made her believe that although he was
living with another woman, his relations with said woman were no impediment that the respondent
convinced the complainant that he had been compelled to contract a civil marriage with the woman
and that since it was not a marriage under the church laws, it was no bar for him to get married
under the church laws with the complainant; that the respondent proposed marriage to the
complainant; that believing in this good faith, the complainant accepted the proposal of the
respondent; that sometime in the latter part of November 1970, an application for the issuance of a
marriage license to the complainant and the respondent was made and executed: that thereafter, the
respondent convinced the complainant that since they were going to get married anyway, they
should act as husband and wife; that because of the confidence which the complainant reposed
upon the respondent, she reluctantly acceded to said demands; that as a result of their being
together, the complainant became pregnant but due to causes beyond her control, the pregnancy
was lost; that sometime in the third week of April 1971, one Virginia Paz was introduced to the
complainant by the respondent; that said Virginia Paz was the woman previously referred to by the
respondent as his wife with whom he had contracted a forced civil marriage; that said Virginia Paz, in
the course of the meeting, informed the complainant that there had been actually two marriages
between Virginia Paz and the respondent, one under the civil law and one under the church law; that
upon being confronted by the complainant, the respondent made no explanation whatsoever and
merely kept silent; that since that time, the respondent had done nothing to make amends for having
deceived the complainant and for having taken advantage of her; and that the complainant has no
other recourse but to ask for the disbarment of the respondent who is a member of the Philippine
Bar and an officer of the courts of justice. 1
In his answer filed on June 10, 1971, the respondent denied having had any illicit relations with the
complainant and alleged that when the complainant called by telephone Congressman Ramon D.
Bagatsing, the respondent advised complainant to come to the office; that on the next day when the
complainant came to the office of Congressman Bagatsing, she was at first referred to Atty.
Geronimo Flores of the Legal Assistance Service to handle the case; that two or three days
thereafter, the complainant requested the respondent to personally handle her case; that on October
30, 1970, the respondent prepared a letter to complainant's husband, Samuel L. Navales, which
letter was signed by Congressman Bagatsing; that sometime in the latter part of October 1970, the
complainant borrowed from the respondent the sum of P200.00 to complete the payment for the
hospitalization and treatment of her brother, Eric, at the Makati Medical Center: that as a act of pity,
the respondent gave her the loan; that after the election for delegates to the Constitutional
Convention in November 1970, the complainant called at the residence of the respondent and asked
help in filing a case against the assailant of her brother who was stabbed in Olongapo City; that the
wound sustained by complainant's brother was only superficial and he could not Identify his
assailant, hence, no criminal case was filed; that after the trip to Olongapo, the complainant
requested the help of the respondent to recommend her admission to a hospital because of
abdominal and chest pains; that the respondent recommended complainant to be admitted to the
Singian Clinic located at General Solano Street, San Miguel Manila; that on December 20, 1970, the
complainant caged up the respondent at his residence by telephone and requested him to assist her
mother, Mrs. Cecilia Abaigar to file a criminal action against her minor sister, Vilma Abaigar for
disobedience; that the respondent prepares a complaint on the same night and a sworn statement of
her mother, Mrs. Cecilia Abaigar that he accompanied the complainant to the Fiscal's Office at Pasig,
Rizal and to the Municipal Court of Mandaluyong, Rizal where Criminal Case No. 23994 entitled
"People of the Philippines vs. Vilma Abaigar was filed by her mother; that the respondent also helped
the mother of the complainant to prepare and file a petition for a writ of habeas corpus in the Court of
First Instance of Rizal; that by reason of said petition for habeas corpus, the mother of the
complainant was able to take Vilma Abaigar into her custody although the petition was denied; that
the respondent had never informed the complainant that he was compelled to contract a civil
marriage with his wife; that the respondent never proposed marriage to the complainant; that the
respondent has no recollection of the supposed application for the issuance of a marriage license in
the latter part of November 1970; that respondent and complainant had never acted as husband and
wife; and that the respondent had not deceived complainant nor taken advantage of her. 2
In a resolution dated August 20, 1971, this Court referred this case to the Solicitor General for
investigation, report and recommendation. 3
After hearing the parties, the Solicitor General submitted on June 30, 1973 his report and
recommendation containing the following findings:
The complaint seeks the disbarment of respondent Paz on grounds that may
properly fall under the category of deceit and grossly immoral conduct as found in
Section 27, Rule 138 of the Rules of Court.
Assuming for the moment that there had been sexual intercourse between
complainant and respondent, the first inquiry, we respectfully submit, is whether
respondent Paz practiced demotion on complainant by making her believe that
notwithstanding their subsisting marriages to their respective spouses, they could
legally get married to each other and based on his promise of marriage, she
consented to go to bed with him.
Complainant admitted that during her alleged romantic liason with respondent, she
was married to a certain Samuel Navales, also a Filipino, who divorced her in the
U.S.A. sometime in the middle of 1970 (par. 2, Complaint; p. 46, t.s.n., November 18,
1971). She also admitted that before she submitted herself to his sexual desires, she
was informed by him that, he had a wife with whom he was civilly married but that the
marriage was void because it was either fake or 'forced' (sic).
Whether there was deceit hinges on whether complainant actually believed the
representation of respondent that they could legally marry. Highly intelligent that she
is and with the educational background that she has, it is difficult to accept the
proposition that she swallowed hook, line and sinker his supposed assurances that
notwithstanding full awareness by both of the existence of each other's previous
marriages, no legal impediment stood in the way of their getting married
ecclesiastically. It is worthwhile repeating that complainant was a fifth placer in the
Board Examinations for Chemical Engineering. She was licensed as a chemical
engineer in 1964 or 1965, after which she taught at one time or another in different
schools and colleges in Manila. In 1970 or 1971 when she was supposedly tricked
into surrendering her body on a promise of marriage, she was already in her late
twenties. It is improbable that at this age, she was still ignorant of the law regarding
indissolubility of marriage. Before jumping headlong into accepting respondent's
proposal that they act as husband and wife, she should have pondered upon the
serious legal implications and complications of a second marriage for both of them.
She could have easily asked a lawyer for advice on the matter. Complainant's own
neighbor in Mandaluyong, Rizal is a lawyer by the name of Atty. Paler whose wife
testified on her behalf. According to Mrs. Paler, her husband and complainant used to
converse (p. 18, t.s.n., November 23, 1971). In these conversations complainant
could have asked, perhaps in a casual manner, Mrs. Paler's husband as to the legal
effects of a divorce obtained abroad by a Filipino citizen or the effects of a marriage
brought about through the use of force and intimidation in order to settle whatever
doubts she had in her mind.
The truth however, of the matter is that complainant did not even have to consult a
lawyer to know that she could not legally marry respondent. It is of no little
significance that some persons utilized by complainant as witnesses on her behalf
because of their supposed knowledge of her relations with respondent, were
themselves aware that divorce is not recognized in this country. Thus Mrs. Paler
categorically stated that she knew for a fact that divorce obtained abroad is not
recognized in the Philippines (p. 19, t.s.n., November 23, 1971). The same
admission was elicited from Fr. Troy de los Santos, another witness for the
complainant. Fr. de los Santos who used to be her spiritual adviser admitted at one
point of his testimony that divorce obtained abroad cannot be recognized in the
Philippines insofar as state laws are concerned and complainant knew about this (pp.
33-34, t.s.n., November 23, 1971). Thus, the Jesuit priest declared under cross-
examination:
A Yes.
Q Up to the present?
A Yes.
Q How about the State, do you know that the State recognize
divorce?
Q Did not the fact that complainant's husband is still have and that
divorce is not recognized in ' the Philippines be considered an
impediment to complainant's marriage to anyone?
A Yes.
Again, granting that complainant did not actually comprehend the existence of a legal
bar to her remarriage, 'not being steeped in the intricacies of the law'. just the mere
realization that both respondent's wife and her own husband being still have was
enough to stir her mind and to impel her to make her own investigation. She could
have, for instance, made discreet inquiries as to who was the woman respondent
was married to and verified his claim whether he was forced into the marriage. Or,
perhaps, she could simply have asked Congressman Bagatsing about respondent's
personal status. After all she was competent enough to prepare, without anyone's
help her own affidavit, Exhibit 'A', and resourceful enough to make research in the
Supreme Court's Library on the subject of disbarment (pp. 63, 89, t.s.n., November
18, 1971).
What conclusion then can a reasonable mind draw from the given premises? Either
complainant was so helplessly naive as to be beguiled by respondent's
blandishments or. comprehending fully the legal impossibility of the fulfillment of his
marriage proposals, she unconditionally laid herself prostrate to his charms, too
much enamored of him to care about anything else. For, as philosopher Blaise
Pascal has so pithily stated of the profundity of human love, 'love has reasons that
reason cannot explain.' Since complainant cannot hide behind the camouflage of
innocence, considering her intellectual capacity and educational background, no
other conclusion is possible 'except that she voluntarily submitted to sexual intimacy
with respondent without entertaining any illusion or hope of sublimating the illicit
relations by legal union.
The next question is whether there was sexual intimacy between complainant and
respondent. Complainant testified that she acceded to his proposal that they live as
husband and wife and as a matter of fact they had three sexual intercourses that
took place in THE TOWER HOTEL and Singian Clinic in Manila and in the Sulo
Hotel in Quezon City. While there is no proof that sexual intimacy took place in
Singian Clinic except her testimony, her allegation that they had trysts at the Tower
Hotel and Sulo Hotel was supported by the guest cards at said hotels, Exhibits 'A'
and 'B'. Notwithstanding respondent's denial that the 'Mrs.' stated in the entry in said
guest cards was a 'good-time' woman, not the complainant, common sense will tell
us that complainant could not have known that respondent lodged in said hotels on
those particular dates unless she was the woman whom respondent brought there.
On this score, we are inclined to believe that evidence has been sufficiently adduced
to establish that intimacy between complainant and respondent took place once in
the Tower Hotel and once in the Sulo Hotel. As the Honorable Court has stated,
when the lawyer's integrity is challenged by evidence, it is not enough that he denies
the charges against him; he must meet the issues and overcome the evidence for the
relator and to show proof that he still maintains the highest degree of morality and
integrity which at all times he is expected of him (Quingwa vs. Puno, Adm. Case No.
389, Feb. 28, 1967; 19 SCRA 439). Insofar as this point is concerned, the evidence
of the complainant as to the trysts they had in the two hotels has not been met and
overthrown by respondent. 4
Upon considering the report and recommendation filed by the Solicitor General, this Court, in a
resolution dated July 29, 1972, resolved to require the Solicitor General to file the corresponding
complaint against the respondent, David D.C. Paz, pursuant to Section 5 of Rule 139 of the Revised
Rules of Court. 5
On September 4, 1975, the Solicitor General filed the corresponding complaint against David D.C.
Paz praying that the respondent be suspended for a period of at least six months from the practice
of law, with a warning that similar transgressions in the future win be dealt with more severely.
Meanwhile the complainant sent a verified letter-petition dated March 29, 1974 to the then Chief
Justice Querube C. Makalintal wherein the complainant asked this Court to look into the suspicious
activities of a certain Rodolfo del Prado, who allegedly in connivance with the respondent, David
D.C. Paz, made her sign an affidavit prejudicial to her interest. Among other allegations, the
complainant stated in her verified complaint the following.
6. That there never is an illicit relationship between Atty. Paz and me at present
because I believed all along that he was single and able to marry me. In fact, our
relationship is above- board just like any engaged couple.
7. That I was made to understand by the Citizens Legal Assistant Office that the
tenor of the affidavit made by Mr. Rudolfo Del Prado is such that the consideration for
the illicit relationship was promissory note which to all intents and purposes is
immoral and illegal.
8. That I am only after the collection of the loan which Atty. Paz got from me and not
revenge for his deception. 6
The foregoing portions of her letter militate against the credibility of the complainant.
In her complainant for disbarment, she pictured the respondent as morally perverse. However, in the
aforementioned letter, she states that there never was an illicit relationship between her and the
respondent, Atty. David D.C. Paz, and that their relationship was aboveboard just like any engaged
couple. And finally, she avers that she was only after the collection of the loan which the respondent
got from her and not for revenge for his deception.
It has been held that the power of this Court to disbar a lawyer should be exercised with caution
because of its serious consequences. 7 The burden of proof rests upon the complainant and the case
against a respondent must be established by convincing proof. 8
The Court has held that in disbarment proceedings, the burden of proof rests upon
the complainant and the charge against the lawyer must be established by
convincing proof (Go vs. Candoy, A.C. No. 736, Oct. 23, 1967, 21 SCRA 439; Toquib
vs. Tomol, Jr., A.C. No. 554, March 25, 1970, 32 SCRA 156; in re Atty. Felizardo M.
de Guzman, A.C. No. 838, Jan. 21. 1974, 55 SCRA 139). The record must disclose
as free from doubt a case which compels the exercise by this Court of its disciplinary
powers. The corrupt character of the act done must be clearly demonstrated.
Moreover' considering the serious consequences, of the disbarment or suspension of
a member of the Bar, We have consistently held that clearly preponderant evidence
is necessary to justify the imposition of either penalty (De Guzman vs. Tadeo, 68
Phil. 554; Lim vs. Antonio, A.C. No. 848, Sept. 30, 1971, 41 SCRA 44). This Court
likewise held that where there is no proof that respondent lawyer was guilty of any
unethical conduct, harassment and malpractice, the disbarment case against him
should be dismissed (Ricafort vs. Baltazar, A.C. No. 661, June 26, 1967, 20 SCRA
418; Delos Santos vs. Bolanos A.C. No. 483, July 21, 1967, 20 SCRA 763). 9
The evidence adduced by the complainant has failed to establish any cause for disciplinary action
against the respondent. As the Solicitor General said in his report, "From all indications, there is little
room for doubt that she filed his disbarment case not in redress of a wrong, for there was no wrong
committed. It was a voluntary act of indiscretion between two consenting adults who were fully
aware of the consequences of their deed and for which they were responsible only to their own
private consciences."
SO ORDERED.
Republic of the Philippines
Supreme Court
Manila
EN BANC
Present:
CORONA, C.J.,
CARPIO,
CARPIO-MORALES,
VELASCO, JR.,
NACHURA,
LEONARDO-DE CASTRO,
- versus - BRION,*
PERALTA,
BERSAMIN,
DEL CASTILLO,
ABAD,
VILLARAMA, JR.,
PEREZ, and
MENDOZA, JJ.
ATTY. LAARNI N. VALERIO,
Respondent. Promulgated:
July 2, 2010
x --------------------------------------------------x
DECISION
PERALTA, J.:
Before us is a Complaint[1] dated January 18, 2006 for disciplinary action
against respondent Atty. Laarni N. Valerio filed by A-1 Financial Services, Inc.,
represented by Diego S. Reunilla, its account officer, with the Integrated Bar of the
Philippines-Commission on Bar Discipline (IBP-CBD), docketed as CBD Case
No. 06-1642, now A.C. No. 8390, for violation of Batas Pambansa Blg. 22 (B.P.
22) and non-payment of debt.
Thus, on November 10, 2003, complainant filed a B.P. 22 case against Atty.
Valerio, docketed as Criminal Case No. 124779. Atty. Valerios arraignment was
scheduled for August 31, 2004; however, she failed to appear despite due notice.
[3]
Subsequently, a Warrant of Arrest[4] was issued but Atty. Valerio posted no
bail. On November 22, 2004, complainant sent a letter[5] to Atty. Valerio calling
her attention to the issuance of the Warrant of Arrest against her and requested her
to submit to the jurisdiction of the court by posting bail. The said letter was
received by Atty. Valerio, as evidenced by the postal registry return cards.
[6]
Despite court orders and notices, Atty. Valerio refused to abide.
Thus, in its Report and Recommendation dated September 16, 2008, the
IBP-CBD recommended that Atty. Valerio be suspended from the practice of law
for a period of two (2) years, having found her guilty of gross misconduct.
On December 11, 2008, the IBP Board of Governors adopted and approved
with modification the report and recommendation of the IBP-CBD. Atty. Valerio
was instead ordered suspended from the practice of law for a period of one (1)
year.
The Court, likewise, finds unmeritorious Mrs. Valerios justification that her
daughter, Atty. Valerio, is suffering from a health condition, i.e. schizophrenia,
which has prevented her from properly answering the complaint against her.
Indeed, we cannot take the medical certificate on its face, considering Mrs.
Valerios failure to prove the contents of the certificate or present the physician
who issued it.
Atty. Valerios conduct in the course of the IBP and court proceedings is also
a matter of serious concern. She failed to answer the complaint against her. Despite
due notice, she failed to attend the disciplinary hearings set by the IBP. She also
ignored the proceedings before the court as she likewise failed to both answer the
complaint against her and appear during her arraignment, despite orders and
notices from the court. Clearly, this conduct runs counter to the precepts of the
Code of Professional Responsibility and violates the lawyers oath which imposes
upon every member of the Bar the duty to delay no man for money or malice. Atty.
Valerio has failed to live up to the values and norms of the legal profession as
embodied in the Code of Professional Responsibility.
In Lao v. Medel,[12] we held that the deliberate failure to pay just debts and
the issuance of worthless checks constitute gross misconduct for which a lawyer
may be sanctioned with one-year suspension from the practice of law. The same
sanction was imposed on the respondent-lawyer in Rangwani v. Dino,[13] having
found guilty of gross misconduct for issuing bad checks in payment of a piece of
property, the title to which was only entrusted to him by the complainant.
Let a copy of this Decision be furnished to the Office of the Bar Confidant,
to be appended to the personal record of Atty. Valerio as a member of the Bar; the
Integrated Bar of the Philippines; and the Office of the Court Administrator for
circulation to all courts in the country for their information and guidance.
SO ORDERED.
EN BANC
Panganiban, CJ,
Puno,
Quisumbing,
Ynares-
Santiago,
Sandoval-
Gutierrez,
Carpio,
- versus - Austria-
Martinez,
Corona,
Carpio Morales,
Callejo, Sr.,
Azcuna,
Tinga,
Chico-Nazario,
and
Garcia, JJ
DECISION
PER CURIAM:
SO ORDERED.
SECOND DIVISION
x---------------------------------------- x
RESOLUTION
CORONA, J.
Humberto C. Lim Jr.[1] filed a verified complaint for disbarment
against respondent Atty. Nicanor V. Villarosa on July 7, 2000. [2] On
February 19, 2002, respondent moved for the consolidation of the
said complaint with the following substantially interrelated cases
earlier filed with the First Division of this Court:
- II -
- III -
- IV -
-I-
- II -
[that] complainant Humberto C. Lim, Jr. has not only violated the
Rule on Civil Procedure but he was/is NOT duly authorize[d] by
the Penta Resorts Corp. (PRC) nor [by] Lumot A. Jalandoni to file
this complaint against [him]. Neither [was Lim] a proper party to
file this complaint. This fact is an additional ground to have his
case dismissed because Humberto C. Lim Jr. exceeded whatever
authority was granted to him as embodied in a resolution and the
Special Power of Attorney allegedly granted to him by the
complainants.[10]
II.
Further, Mr. Lim intentionally hid from this Honorable Court the
important fact that [his] Motion to Withdraw was APPROVED by
the trial court because of the possibility of a conflict of
interest. xxx xxx xxx. [11]
RESPECTFULLY SUBMITTED.
CONFLICT OF INTEREST
Petitioners alleged that as an offshoot of representing
conflicting interests, breach of attorney-client confidentiality and
deliberate withholding of records were committed by respondent. To
effectively unravel the alleged conflict of interest, we must look into
the cases involved.
When this case was called for hearing Atty. Lorenzo Alminaza
appeared for the defendants considering that Atty. Nicanor
Villarosa has already withdrawn his appearance in this case
which the Court considered it to be approved as it bears the
conformity of the defendants.[47] (emphasis ours)
SO ORDERED.
EN BANC
PUNO, C.J.,
QUISUMBING,
YNARES-SANTIAGO,
CARPIO,
CORONA,
CARPIO MORALES,
- versus - CHICO-NAZARIO,
VELASCO, JR.,
NACHURA,
LEONARDO-DE CASTRO,
BRION,*
PERALTA, and
BERSAMIN, JJ.
x-----------------------------------------------------------------------------------------x
DECISION
PER CURIAM:
Sometime in April 2003, wary that respondent may not be able to handle his
legal problems, complainant was advised by his family to hire another lawyer.
When respondent knew about this, she wrote to complainant via e-mail, as follows:
Dear Butchie,
Hi! Ok ka lang? Hope you are fine. Sorry if I shocked you but I had to
do it as your friend and lawyer. The charges are all non-bailable but all
the same as the SEC report I told you before. The findings are the same,
i.e. your company was the front for the fraud of Multitel and that funds
were provided you.
I will also need the P30 M proof of deposit with Real [B]ank and the
trust given [to] you. So we can inform them [that] it was not touched by
you.
I have been informed by Efie that your family is looking at hiring Coco
Pimentel. I know him very well as his sister Gwen is my best friend. I
have no problem if you hire him but I will be hands off. I work
differently kasi. In this cases (sic), you cannot be
highprofile (sic) because it is the clients who will be sacrificed at the
expense of the fame of the lawyer. I have to work quietly and
discreetly. No funfare. Just like what I did for your guys in the SEC. I
have to work with people I am comfortable with. Efren Santos will sign
as your lawyer although I will do all the work.He can help with all his
connections. Vals friend in the NBI is the one is (sic) charge of
organized crime who is the entity (sic) who has your warrant. My law
partner was the state prosecutor for financial fraud. Basically we have it
covered in all aspects and all departments. I am just trying to liquidate
the phones I have allotted for you s ana (sic) for your
trooper kasi whether we like it or not, we have to give this
agencies (sic) to make our work easier according to Val. The funds with
Mickey are already accounted in the quit claims (sic) as
attorneys (sic) fees. I hope he will be able to send it so we have funds to
work with.
As for your kids, legally they can stay here but recently, it is the children
who (sic) the irate clients and government officials harass and kidnap to
make the individuals they want to come out from hiding (sic). I do not
want that to happen. Things will be really easier on my side.
Candy[22]
To bolster her claim that the complaint was without basis, respondent noted
that a complaint for estafa was also filed against her by complainant before the
Office of the City Prosecutor in Quezon City citing the same grounds. The
complaint was, however, dismissed by Assistant City Prosecutor Josephus Joannes
H. Asis for insufficiency of evidence.[38] Respondent argued that on this basis
alone, the administrative case must also be dismissed.
The case now comes before this Court for final action.
We affirm the findings of the IBP.
Rule 15.03, Canon 15 of the Code of Professional responsibility provides:
This prohibition is founded on principles of public policy, good taste [43] and,
more importantly, upon necessity. In the course of a lawyer-client relationship, the
lawyer learns all the facts connected with the clients case, including its weak and
strong points. Such knowledge must be considered sacred and guarded with care.
No opportunity must be given to him to take advantage of his client; for if the
confidence is abused, the profession will suffer by the loss thereof. [44] It behooves
lawyers not only to keep inviolate the clients confidence, but also to avoid the
appearance of treachery and double dealing for only then can litigants be
encouraged to entrust their secrets to their lawyers, which is paramount in the
administration of justice.[45] It is for these reasons that we have described the
attorney-client relationship as one of trust and confidence of the highest degree.[46]
Respondent must have known that her act of constantly and actively
communicating with complainant, who, at that time, was beleaguered with
demands from investors of Multitel, eventually led to the establishment of a
lawyer-client relationship. Respondent cannot shield herself from the inevitable
consequences of her actions by simply saying that the assistance she rendered to
complainant was only in the form of friendly accommodations, [47] precisely
because at the time she was giving assistance to complainant, she was already
privy to the cause of the opposing parties who had been referred to her by the SEC.
[48]
Given the situation, the most decent and ethical thing which respondent
should have done was either to advise complainant to engage the services of
another lawyer since she was already representing the opposing parties, or to desist
from acting as representative of Multitel investors and stand as counsel for
complainant. She cannot be permitted to do both because that would amount to
double-dealing and violate our ethical rules on conflict of interest.
SO ORDERED.
SECOND DIVISION
DECISION
MENDOZA, J.:
To constitute professional employment it is not essential that the client should have
employed the attorney professionally on any previous occasion. . . It is not necessary
that any retainer should have been paid, promised, or charged for: neither is it material
that the attorney consulted did not afterward undertake the case about which the
consultation was had. If a person, in respect to his business affairs or troubles of any
kind, consults with his attorney in his professional capacity with the view to obtaining
professional advice or assistance, and the attorney voluntarily permits or acquiesces in
such consultation, then the professional employment must be regarded as
established. . . .
RULE 18.03. A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection therewith shall render him liable.
Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause
and must always be mindful of the trust and confidence reposed in him. He must
serve the client with competence and diligence, and champion the latters cause with
wholehearted fidelity, care, and devotion. Elsewise stated, he owes entire devotion to
the interest of the client, warm zeal in the maintenance and defense of his clients
rights, and the exertion of his utmost learning and ability to the end that nothing be
taken or withheld from his client, save by the rules of law, legally applied. This
simply means that his client is entitled to the benefit of any and every remedy and
defense that is authorized by the law of the land and he may expect his lawyer to
assert every such remedy or defense. If much is demanded from an attorney, it is
because the entrusted privilege to practice law carries with it the correlative duties not
only to the client but also to the court, to the bar, and to the public. A lawyer who
performs his duty with diligence and candor not only protects the interest of his client;
he also serves the ends of justice, does honor to the bar, and helps maintain the respect
of the community to the legal profession.[23]
Indeed, a lawyer owes fidelity to the cause of his client. He should be mindful of
the trust and confidence reposed in him, remembering always that his actions or
omissions are binding on his clients. In this case, the failure of respondent to file the
appellants brief resulted in the dismissal of the appeal. As a consequence, the
decision in the trial court finding complainant guilty of homicide became final and
executory and he was sentenced to ten years of imprisonment. As has been held:
An attorney is bound to protect his clients interest to the best of his ability and with
utmost diligence. (Del Rosario vs. Court of Appeals, 114 SCRA 159) A failure to file
brief for his client certainly constitutes inexcusable negligence on his part. (People
vs. Villar, 46 SCRA 107) The respondent has indeed committed a serious lapse in the
duty owed by him to his client as well as to the Court not to delay litigation and to aid
in the speedy administration of justice. (People vs. Daban, 43 SCRA 185; People vs.
Estocada, 43 SCRA 515).[24]
It should likewise be noted that respondent failed to notify the IBP of his change
of address, thus delaying the resolution of this case. Service of notice and other
pleadings, which must be furnished to the parties, must be made at the last address on
record. If the parties are represented by counsel, such notices shall be sent instead to
the counsels last given address on record in the absence of a proper and adequate
notice of a change of address, unless service upon the party himself is ordered. [25]
In Resurreccion v. Sayson,[26] the Court attributed the delay in the resolution of an
administrative case to respondent lawyer, after finding that The 27-year delay in the
resolution of this case was, to a large extent, caused by his failure to appear before the
Office of the Solicitor General and to inform the IBP of his change of address, a
failure that also indicated his lack of regard for the very serious charges brought
against him. Similarly, respondent Tugade likewise showed a disregard of the charge
against him, and the IBP properly made its recommendation solely on the basis of
complainants testimonies and the documentary evidence.
In Galen v. Paguirigan,[27] the Court, taking into account that it was a first offense,
suspended for a period of six (6) months a lawyer who failed to file a brief. Atty.
Faustino Tugade showed lack of due care for his clients interest and willful neglect of
his duties as an officer of the court, thus warranting the imposition of the same penalty
on him.
WHEREFORE, in view of the foregoing, respondent Atty. Faustino F. Tugade is
SUSPENDED from the practice of law for six (6) months effective upon finality
hereof with WARNING that a repetition of the same negligent act charged in this
complaint will be dealt with even more severely.
SO ORDERED.
SECOND DIVISION
RESOLUTION
AUSTRIA-MARTINEZ, J.:
That instead of registering said Deed of Sale and Transfer Certificate of Title (TCT)
No. T-33122, in the Register of Deeds for the purpose of transferring the same in his
name, William S. Uy executed a Deed of Voluntary Land Transfer of the aforesaid
land in favor of his children, namely, Michael Angelo T. Uy and Cristina Earl T. Uy,
wherein William S. Uy made it appear that his said children are of legal age, and
residents of Brgy. Gonzales, Umingan, Pangasinan, when in fact and in truth, they are
minors and residents of Metro Manila, to qualify them as farmers/beneficiaries, thus
placing the said property within the coverage of the Land Reform Program;
That the above-named accused, conspiring together and helping one another procured
the falsified documents which they used as supporting papers so that they can secure
from the Office of the Register of Deeds of Tayug, Pangasinan, TCT No. T-5165
(Certificate of Land Ownership Award No. 004 32930) in favor of his above-named
children. Some of these Falsified documents are purported Affidavit of
Seller/Transferor and Affidavit of Non-Tenancy, both dated August 20, 1996, without
the signature of affiant, Fermin C. Gonzales, and that on that said date, Fermin C.
Gonzales was already dead ;
That on December 17, 1998, William S. Uy with deceit and evident intent to defraud
undersigned, still accepted the amount of P340,000.00, from Atty. Fermin L.
Gonzales, P300,000.00, in PNB Check No. 0000606, and P40,000.00, in cash, as full
payment of the redemption of TCT No. 33122knowing fully well that at that time
the said TCT cannot be redeemed anymore because the same was already transferred
in the name of his children;
That William S. Uy has appropriated the amount covered by the aforesaid check, as
evidenced by the said check which was encashed by him;
That inspite of repeated demands, both oral and in writing, William S. Uy refused and
continue to refuse to deliver to him a TCT in the name of the undersigned or to return
and repay the said P340,000.00, to the damage and prejudice of the undersigned. [2]
With the execution of the letter-complaint, respondent violated his oath as a
lawyer and grossly disregarded his duty to preserve the secrets of his
client. Respondent unceremoniously turned against him just because he
refused to grant respondents request for additional
compensation. Respondents act tarnished his reputation and social standing.
[3]
The facts and evidence presented show that when respondent agreed to handle the
filing of the Verified Petition for the loss of TCT No. T-5165, complainant had
confided to respondent the fact of the loss and the circumstances attendant
thereto. When respondent filed the Letter-Complaint to the Office of the Special
Prosecutor in Tayug, Pangasinan, he violated Canon 21 of the Code of Professional
Responsibility which expressly provides that A lawyer shall preserve the confidences
and secrets of his client even after the attorney-client relation is
terminated. Respondent cannot argue that there was no lawyer-client relationship
between them when he filed the Letter-Complaint on 26 July 1999 considering that as
early as 14 April 1999, or three (3) months after, respondent had already terminated
complainants perceived lawyer-client relationship between them. The duty to
maintain inviolate the clients confidences and secrets is not temporary but
permanent. It is in effect perpetual for it outlasts the lawyers employment (Canon
37, Code of Professional Responsibility) which means even after the relationship has
been terminated, the duty to preserve the clients confidences and secrets remains
effective. Likewise Rule 21.02, Canon 21 of the Rules of Professional Responsibility
provides that A lawyer shall not, to the disadvantage of his client, use information
acquired in the course of employment, nor shall he use the same to his own advantage
or that of a third person, unless the client with the full knowledge of the circumstances
consents thereto.
On 29 April 2003, the Commission received a letter dated 24 April 2003 from Atty.
Augusto M. Macam, who claims to represent complainant, William S. Uy, alleging
that complainant is no longer interested in pursuing this case and requested that the
same be dismissed. The aforesaid letter hardly deserves consideration as proceedings
of this nature cannot be interrupted by reason of desistance, settlement, compromise,
restitution, withdrawal of the charges, or failure of the complainant to prosecute the
same. (Section 5, Rule 139-B, Rules of Court). Moreover, in Boliver vs. Simbol, 16
SCRA 623, the Court ruled that any person may bring to this Courts attention the
misconduct of any lawyer, and action will usually be taken regardless of the interest
or lack of interest of the complainant, if the facts proven so warrant.
A proceeding for suspension or disbarment is not in any sense a civil action where the
complainant is a plaintiff and the respondent lawyer is a defendant. Disciplinary
proceedings involve no private interest and afford no redress for private
grievance. They are undertaken and prosecuted solely for the public welfare. They
are undertaken for the purpose of preserving courts of justice from the official
ministration of persons unfit to practice in them. The attorney is called to answer to
the court for his conduct as an officer of the court. The complainant or the person
who called the attention of the court to the attorney's alleged misconduct is in no sense
a party, and has generally no interest in the outcome except as all good citizens may
have in the proper administration of justice. Hence, if the evidence on record warrants,
the respondent may be suspended or disbarred despite the desistance of complainant
or his withdrawal of the charges.[12]
Rule 21.01 A lawyer shall not reveal the confidences or secrets of his client except: