Beruflich Dokumente
Kultur Dokumente
SUPREME COURT
Manila
THIRD DIVISION
A.C. No. 6057
On 28 July 2004, respondent filed a motion for reconsideration before the IBP.
Respondent stated that he was already 76 years old and would already retire by 2005
after the termination of his pending cases. He also said that his practice of law is his
only means of support for his family and his six minor children.
In a Resolution dated 7 October 2004, the IBP denied the motion for reconsideration
because the IBP had no more jurisdiction on the case as the matter had already been
referred to the Court.
The Ruling of the Court
The Court finds respondent liable for violation of Canon 1 and Rule 1.02 of the Code.
A lawyer should not render any service or give advice to any client which will involve
defiance of the laws which he is bound to uphold and obey.9 A lawyer who assists a
client in a dishonest scheme or who connives in violating the law commits an act which
justifies disciplinary action against the lawyer.10
By his own admission, respondent admitted that Stier, a U.S. citizen, was disqualified
from owning real property.11Yet, in his motion for reconsideration,12 respondent admitted
that he caused the transfer of ownership to the parcel of land to Stier. Respondent,
however, aware of the prohibition, quickly rectified his act and transferred the title in
complainants name. But respondent provided "some safeguards" by preparing several
documents,13including the Occupancy Agreement, that would guarantee Stiers
recognition as the actual owner of the property despite its transfer in complainants
name. In effect, respondent advised and aided Stier in circumventing the constitutional
prohibition against foreign ownership of lands 14 by preparing said documents.
Respondent had sworn to uphold the Constitution. Thus, he violated his oath and the
Code when he prepared and notarized the Occupancy Agreement to evade the law
against foreign ownership of lands. Respondent used his knowledge of the law to
achieve an unlawful end. Such an act amounts to malpractice in his office, for which he
may be suspended.15
In Balinon v. De Leon,16 respondent Atty. De Leon was suspended from the practice of
law for three years for preparing an affidavit that virtually permitted him to commit
concubinage. In In re: Santiago,17 respondent Atty. Santiago was suspended from the
practice of law for one year for preparing a contract which declared the spouses to be
single again after nine years of separation and allowed them to contract separately
subsequent marriages.
PER CURIAM:
In the election of the national officers of the Integrated Bar of the Philippines (hereafter
"IBP") held on June 3, 1989 at the Philippine International Convention Center (or PICC),
the following were elected by the House of Delegates (composed of 120 chapter
presidents or their alternates) and proclaimed as officers:
NAME
POSITION
President
Executive Vice-President
Mindanao
Atty. Simeon
Datumanong
The newly-elected officers were set to take the their oath of office on July 4,1989, before
the Supreme Court en banc. However,disturbed by the widespread reports received by
some members of the Court from lawyers who had witnessed or participated in the
proceedings and the adverse comments published in the columns of some newspapers
about the intensive electioneering and overspending by the candidates, led by the main
protagonists for the office of president of the association, namely, Attorneys Nereo
Paculdo, Ramon Nisce, and Violeta C. Drilon, the alleged use of government planes,
and the officious intervention of certain public officials to influence the voting, all of
which were done in violation of the IBP By-Laws which prohibit such activities. The
Supreme Court en banc, exercising its power of supervision over the Integrated Bar,
resolved to suspend the oath-taking of the IBP officers-elect and to inquire into the
veracity of the reports.
It should be stated at the outset that the election process itself (i.e. the voting and the
canvassing of votes on June 3, 1989) which was conducted by the "IBP Comelec,"
headed by Justice Reynato Puno of the Court of Appeals, was unanimously adjudged
by the participants and observers to be above board. For Justice Puno took it upon
himself to device safeguards to prevent tampering with, and marking of, the ballots.
What the Court viewed with considerable concern was the reported electioneering and
extravagance that characterized the campaign conducted by the three candidates for
president of the IBP.
I. MEDIA ACCOUNT OF THE ELECTION CAMPAIGN.
Emil Jurado, in his column "IBP Group Questions Drilon Election" (Manila Standard,
Sunday, June 17, 1989), Luis Mauricio, in two successive columns: "The Invertebrated
Bar" (Malaya, June 10, 1989) and "The Disintegrating Bar" (Malaya, June 20, 1989),
and Teodoro Locsin Jr. in an article, entitled "Pam-Pam" (The Philippines Free Press,
July 8,1989), and the editorial, entitled 'Wrong Forum" of the Daily Globe (June 8,
1989), were unanimously critical of the "vote-buying and pressure tactics" allegedly
employed in the campaign by the three principal candidates: Attys. Violeta C. Drilon,
Nereo Paculdo and Ramon Nisce who reportedly "poured heart, soul, money and
influence to win over the 120 IBP delegates."
Mr. Jurado mentioned the resentment of Atty. Drilon's rivals who felt at a disadvantage
because Atty. Drilon allegedly used PNB helicopters to visit far-flung IBP chapters on
the pretext of distributing Bigay Puso donations, and she had the added advantage of
having regional directors and labor arbiters of the Department of Labor and Employment
(who had been granted leaves of absence by her husband, the Labor Secretary)
campaigning for her. Jurado's informants alleged that there was rampant vote-buying by
some members of the U.P. Sigma Rho Fraternity (Secretary Drilon's fraternity), as well
as by some lawyers of ACCRA (Angara, Concepcion, Cruz, Regala and Abello Law
Office) where Mrs. Drilon is employed, and that government positions were promised to
others by the office of the Labor Secretary.
Mr. Mauricio in his column wrote about the same matters and, in addition, mentioned
"talk of personnel of the Department of Labor, especially conciliators and employers,
notably Chinese Filipinos, giving aid and comfort to her (Atty. Drilon's) candidacy," the
billeting of out-of-town delegates in plush hotels where they were reportedly "wined and
dined continuously, womened and subjected to endless haggling over the price of their
votes x x x" which allegedly "ranged from Pl5,000 to P20,000, and, on the day of the
election, some twelve to twenty votes which were believed crucial, appreciated to
P50,000."
In his second column, Mr. Mauricio mentioned "how a top official of the judiciary
allegedly involved himself in IBP politics on election day by closeting himself with
campaigners as they plotted their election strategy in a room of the PICC (the Philippine
International Convention Center where the convention/election were held) during a
recess x x x."
Mr. Locsin in his column and editorial substantially re-echoed Mauricio's reports with
some embellishments.
II. THE COURT'S DECISION TO INVESTIGATE.
Responding to the critical reports, the Court, in its en banc resolution dated June 15,
1989, directed the outgoing and incoming members of the IBP Board of Governors, the
principal officers and Chairman of the House of Delegates to appear before it on
Tuesday, June 20, 1989, at 2:00 o'clock p.m., and there to inform the Court on the
veracity of the aforementioned reports and to recommend, for the consideration of the
Court, appropriate approaches to the problem of confirming and strengthening
adherence to the fundamental principles of the IBP.
In that resolution the Court "call[ed] to mind that a basic postulate of the Integrated Bar
of the Philippines (IBP), heavily stressed at the time of its organization and
commencement of existence, is that the IBP shall be non-political in character and that
there shall be no lobbying nor campaigning in the choice of members of the Board of
Governors and of the House of Delegates, and of the IBP officers, national, or regional,
or chapter. The fundamental assumption was that officers, delegates and governors
would be chosen on the basis of professional merit and willingness and ability to serve."
The resolution went on to say that the "Court is deeply disturbed to note that in
connection with the election of members of the Board of Governors and of the House of
Delegates, there is a widespread belief, based on reports carried by media and
transmitted as well by word of mouth, that there was extensive and intensive
campaigning by candidates for IBP positions as well as expenditure of considerable
sums of money by candidates, including vote-buying, direct or indirect."
The venerable retired Supreme Court Justice and IBP President Emeritus, Jose B.L.
Reyes, attended the dialogue, upon invitation of the Court, to give counsel and advice.
The meeting between the Court en banc on the one hand, and the outgoing and in
coming IBP officers on the other, was an informal one. Thereafter, the Court resolved to
conduct a formal inquiry to determine whether the prohibited acts and activities
enumerated in the IBP By-Laws were committed before and during the 1989 elections
of IBP's national officers.
The Court en banc formed a committee and designated Senior Associate Justice
Andres R. Narvasa, as Chairman, and Associate Justices Teodoro R. Padilla, Emilio A.
Gancayco, Abraham F. Sarmiento, and Carolina C. Grio-Aquino, as members, to
conduct the inquiry. The Clerk of Court, Atty. Daniel Martinez, acted as the committee's
Recording Secretary.
A total of forty-nine (49) witnesses appeared and testified in response to subpoenas
issued by the Court to shed light on the conduct of the elections. The managers of three
five-star hotels the Philippine Plaza, the Hyatt, and the Holiday Inn where the three
protagonists (Drilon, Nisce and Paculdo) allegedly set up their respective headquarters
and where they billeted their supporters were summoned. The officer of the Philippine
National Bank and the Air Transport Office were called to enlighten the Court on the
charge that an IBP presidential candidate and the members of her slate used PNB
planes to ferry them to distant places in their campaign to win the votes of delegates.
The Philippine Airlines officials were called to testify on the charge that some candidates
gave free air fares to delegates to the convention. Officials of the Labor Department
were also called to enable the Court to ascertain the truth of the reports that labor
officials openly campaigned or worked for the election of Atty. Drilon.
The newspaper columnists, Messrs. Luis Mauricio, Jesus Bigornia and Emil Jurado
were subpoenaed to determine the nature of their sources of information relative to the
IBP elections. Their stories were based, they said, on letters, phone calls and personal
interviews with persons who claimed to have knowledge of the facts, but whom they,
invoking the Press Freedom Law, refused to identify.
The Committee has since submitted its Report after receiving, and analyzing and
assessing evidence given by such persons as were perceived to have direct and
personal knowledge of the relevant facts; and the Court, after deliberating thereon, has
Resolved to accept and adopt the same.
III. PROHIBITED ACTS AND PRACTICES UNDER IBP BY-LAWS.
Article I, Section 4 of the IBP By-Laws emphasizes the "strictly non-political" character
of the Integrated Bar of the Philippines, thus:
"SEC. 4. Non-political Bar. The Integrated Bar is strictly non-political,
and every activity tending to impair this basic feature is strictly prohibited
and shall be penalized accordingly. No lawyer holding an elective, judicial,
quasi-judicial, or prosecutory office in the Government or any political
subdivision or instrumentality thereof shall be eligible for election or
appointment to any position in the Integrated Bar or any Chapter thereof. A
Delegate, Governor, officer or employee of the Integrated Bar, or an officer
or employee of any Chapter thereof shall be considered ipso
facto resigned from his position as of the moment he files his certificate of
candidacy for any elective public office or accepts appointment to any
judicial, quasi-judicial, or prosecutory office in the Government or any
political subdivision or instrumentality thereof. "'
Section 14 of the same By-Laws enumerates the prohibited acts relative to
IBP elections:
SEC. 14. Prohibited acts and practices relative to elections. The
following acts and practices relative to election are prohibited, whether
committed by a candidate for any elective office in the Integrated Bar or by
any other member, directly or indirectly, in any form or manner, by himself
or through another person:
(a) Distribution, except on election day, of election campaign material;
(b) Distribution, on election day, of election campaign material other than a
statement of the biodata of a candidate on not more than one page of a
legal-size sheet of paper; or causing distribution of such statement to be
done by persons other than those authorized by the officer presiding at the
elections;
(c) Campaigning for or against any candidate, while holding an elective,
judicial, quasi-judicial or prosecutory office in the Government or any
political subdivision, agency or instrumentality thereof;
(d) Formation of tickets, single slates, or combinations of candidates, as
well as the advertisement thereof;
(e) For the purpose of inducing or influencing a member to withhold his
vote, or to vote for or against a candidate, (1) payment of the dues or
other indebtedness of any member; (2) giving of food, drink,
entertainment, transportation or any article of value, or any similar
consideration to any person; or (3) making a promise or causing an
expenditure to be made, offered or promised to any person."
Section 12(d) of the By-Laws prescribes sanctions for violations of the above rules:
(d) Any violation of the rules governing elections or commission of any of
the prohibited acts and practices defined in Section 14 prohibited Acts and
Practices relative to elections) of the by-laws of the Integrated Bar shall be
a ground for the disqualification of a candidate or his removal from office if
elected, without prejudice to the imposition of sanctions upon any erring
member pursuant to the By-laws of the Integrated Bar.
At the formal investigation which was conducted by the investigating committee, the
following violations were established:
(1) Prohibited campaigning and solicitation of votes by the candidates for president,
executive vice-president, the officers of candidate the House of Delegates and Board of
Governors.
The three candidates for IBP President Drilon, Nisce and Paculdo began travelling
around the country to solicit the votes of delegates as early as April 1989. Upon the
invitation of IBP President, Leon Garcia, Jr. (t.s.n., July 13,1989, p. 4), they attended the
Bench and Bar dialogues held in Cotabato in April 1989 (t.s.n., June 29, 1989, p. 123),
in Tagaytay City, Pampanga, and in Baguio City (during the conference of chapter
presidents of Northern Luzon (t.s.n., July 3,1989, p. 113; t.s.n., July 10, p. 41; t.s.n., July
13, p. 47) where they announced their candidacies and met the chapter presidents.
Atty. Nisce admitted that he went around the country seeking the help of IBP chapter
officers, soliciting their votes, and securing their written endorsements. He personally
hand-carried nomination forms and requested the chapter presidents and delegates to
fill up and sign the forms to formalize their commitment to his nomination for IBP
President. He started campaigning and distributing the nomination forms in March 1989
after the chapter elections which determined the membership of the House of Delegates
composed of the 120 chapter presidents (t.s.n., June 29, 1989, pp. 82-86). He obtained
forty (40) commitments. He submitted photocopies of his nomination forms which read:
"Nomination Form
I Join in Nominating
RAMON M. NISCE
as
National President of the
Integrated Bar of the Philippines
______________ _______________
Chapter Signature"
Among those who signed the nomination forms were: Onofre P. Tejada, Candido P.
Balbin, Jr., Conizado V. Posadas, Quirico L. Quirico Ernesto S. Salun-at, Gloria C.
Agunos, Oscar B. Bernardo, Feliciano F. Wycoco, Amor L. Ibarra, Jose M. Atienza, Jose
N. Contreras, Romeo T. Mendoza, Leo C. Medialdea, Jr., Paulino G. Clarin, Julius Z.
Neil, Roem J. Arbolado Democrito M. Perez, Abelardo Fermin, Diosdado B. Villarin, Jr.,
Daniel C. Macaraeg, Confesor R. Sansano Dionisio E. Bala, Jr., Emesto A. Amores,
Romeo V. Pefianco, Augurio C. Pamintuan, Atlee T. Viray, Ceferino C. Cabanas, Jose S.
Buban, Diosdado Z. Reloj, Jr., Cesar C. Viola, Oscar C. Fernandez, Ricardo B. Teruel
Rodrigo R. Flores, Sixto Marella, Jr., Arsenio C. Villalon, Renato F. Ronquillo, Antonio G.
Nalapo Romualdo A. Din Jr., Jose P. Icaonapo Jr., and Manuel S. Person.
Atty. Nisce admitted that he reserved rooms at the Hyatt Hotel based on the
commitments he had obtained (t.s.n., June 29, 1989, pp. 82-85). Unfortunately, despite
those formal commitments, he obtained only 14 votes in the election (t.s.n., June 29, 1
989, p. 86). The reason, he said, is that. some of those who had committed their votes
to him were "manipulated, intimidated, pressured, or remunerated" (t.s.n., June
29,1989, pp. 8695; Exhibit "M-4-Nisce," t.s.n., July 4, 1989, pp. 100-1 04).
(2) Use of PNB plane in the campaign.
The records of the Philippine National Bank (Exhibit C-1-Crudo and Exhibit C-2-Crudo)
show that Secretary Fulgencio S. Factoran, Jr. of the Department of Environment &
Natural Resources (DENR) borrowed a plane from the Philippine National Bank for his
Bicol CORD (Cabinet Officers for Regional Development) Assistant, Undersecretary
Antonio Tria. The plane manifest (Exh. C-2-Crudo) listed Atty. Violeta Drilon, Arturo Tusi
(Tiu), Assistant Secretary for Environment and Natural Resources (DENR) Tony Tria,
Atty. Gladys Tiongco, and Amy Wong. Except for Tony Tria, the rest of the passengers
were IBP candidates.
Atty. Drilon admitted that she "hitched" a ride on a PNB plane. She said that she was
informed by Atty. Tiu about the availability of a PNB plane (t.s.n., July 3,1989, pp. 116118).
Atty. Tiu, who ran for the position of IBP executive vice-president in the Drilon ticket,
testified that sometime in May 1989 he failed to obtain booking from the Philippine
Airlines for the projected trip of his group to Bicol. He went to the DENR allegedly to
follow up some papers for a client. While at the DENR, he learned that Assistant
Secretary Tria was going on an official business in Bicol for Secretary Fulgencio
Factoran and that he would be taking a PNB plane. As Assistant Secretary Tria is his
fraternity brother, he asked if he, together with the Drilon group, could hitch a ride on the
plane to Bicol. His request was granted. Their purpose in going to Bicol was to assess
their chances in the IBP elections. The Drilon company talked with the IBP chapter
presidents in Daet, Naga, and Legaspi, and asked for their support (t.s.n., July 10,
1989, pp. 549).
Assistant Secretary Antonio S. Tria confirmed the use of a PNB plane by Atty. Drilon and
her group. He recalled that on May 23,1989, DENR Secretary Factoran instructed him
to go to Bicol to monitor certain regional development projects there and to survey the
effect of the typhoon that hit the region in the middle of May. On the same day, Atty. Tiu,
a fraternity brother (meaning that Tiu belongs to the Sigma Rho fraternity) went to the
DENR office and requested the Secretary (Factoran) if he (Tiu) could be allowed to hitch
a ride on the plane. Assistant Secretary Tria, together with the Drilon group which
included Attorneys Drilon, Grapilon, Amy Wong, Gladys Tiongco, and Tiu, took off at the
Domestic Airport bound for Naga, Daet and Legaspi. In Legaspi the Drilon group had
lunch with Atty. Vicente Real, Jr., an IBP chapter president (t.s.n., July 10, 1989, pp. 5469).
(3) Formation of tickets and single slates.
The three candidates, Paculdo, Nisce and Drilon, admitted having formed their own
slates for the election of IBP national officers on June 3, 1989.
Atty. Paculdo's slate consisted of himself for President; Bella D. Tiro, for Executive
Vice-President; and for Governors: Justiniano P. Cortez (Northern Luzon), Oscar C.
Fernandez (Central Luzon), Mario C.V. Jalandoni (Greater Manila), Petronilo A. de la
Cruz (Southern Luzon), Teodorico C. Almine, Jr. (Bicolandia), Ricardo B. Teruel
(Western Visayas), Porfirio P. Siyangco (Eastern Visayas), Jesus S. Anonat (Western
Mindanao), Guerrero A. Adaza, Jr. (Eastern Mindanao) (Exhibit M-Nisce).
The Drilon ticket consisted of. Violeta C. Drilon for President, Arturo Tiu for Executive
Vice President, Salvador Lao for Chairman of the House of Delegates, and, for
Governors: Basil Rupisan (Northern 'Luzon), Acong Atienza (Central Luzon), Amy Wong
(Metro Manila), Jose Grapilon (Southern Tagalog), Teodoro Almine (Bicolandia),
Baldomero Estenzo (Eastern Visayas), Joelito Barrera (Western Visayas), Gladys
Tiongco (Eastern Mindanao), Simeon Datumanong (Western Mindanao) (Exhibit M-1Nisce).
Atty. Ramon N. Nisce's line-up listed himself and Confessor B. Sansano Benjamin B.
Bernardino, Antonio L. Nalapo Renato F. Ronquillo, Gloria C. Agunos, Mario
Valderrama, Candido P. Balbin Jr., Oscar C. Fernandez, Cesar G. Viola, Leo C.
Medialdea, Jr., Vicente P. Tordilla, Jr., Jose S. Buban, Joel A. Llosa, Jesus T. Albacite
and Oscar V. Badelles.
(4) Giving free transportation to out-of-town delegates and alternates.
Atty. Nisce admitted having bought plane tickets for some delegates to the convention.
He mentioned Oscar Badelles to whom he gave four round-trip tickets (worth about
P10,000) from Iligan City to Manila and back. Badelles was a voting delegate. Nisce,
however, failed to get a written commitment from him because Atty. Medialdea assured
him (Nisce) "sigurado na 'yan, h'wag mo nang papirmahin." Badelles won as sergeantat-arms, not in Nisce's ticket, but in that of Drilon.
Badelles admitted that Nisce sent him three airplane tickets, but he Badelles said that
he did not use them, because if he did, he would be committed to Nisce, and he
Badelles did not want to be committed (t.s.n., July 4,1989, pp. 77-79, 95-96).
Nisce also sent a plane ticket to Atty. Atilano, who was his candidate, and another ticket
to Mrs. Linda Lim of Zamboanga. Records of the Philippine Airlines showed that Atty.
Nisce paid for the plane tickets of Vicente Real, Jr. (Exh. D-1-Calica), Romeo Fortes
(Exh. D-1-Calica), Cesar Batica (Exh. D-2-Calica), Jose Buban of Leyte (Exh. D-2Calica), Delsanto Resuello (Exh. D-3- Calica), and Ceferino Cabanas (Exh. D-3-Calica).
In spite of his efforts and expense, only one of Nisce's candidates won: Renato
Ronquillo of Manila 4, as Secretary of the House of Delegates (t.s.n. July 3, p. 161).
(5) Giving free hotel accommodations, food, drinks, entertainment to delegates.
(a) ATTY. NEREO PACULDO
Atty. Paculdo alleged that he booked 24 regular rooms and three suites at the Holiday
Inn, which served as his headquarters. The 24 rooms were to be occupied by his staff
(mostly ladies) and the IBP delegates. The three suites were to be occupied by himself,
the officers of the Capitol Bar Association, and Atty. Mario Jalandoni. He paid P150,000
for the hotel bills of his delegates at the Holiday Inn, where a room cost P990 per day
with breakfast.
Those listed as guests of Atty. Paculdo at the Holiday Inn were: Emesto C. Perez,
Tolomeo Ligutan Judge Alfonso Combong, Ricardo Caliwag, Antonio Bisnar, Benedicto
Balajadia, Jesus Castro, Restituto Villanueva, Serapio Cribe Juanita Subia, Teodorico J.
Almine, Rudy Gumban, Roem Arbolado, Ricardo Teruel, Shirley Moises, Ramon Roco,
Alberto Trinidad, Teodoro Quicoy Manito Lucero, Fred Cledera Vicente Tordilla, Julian
Ocampo, Francisco Felizmenio Marvel Clavecilla, Amador Capiral, Eufronio Maristela,
Porfirio Siyangco, William Llanes, Jr., Marciano Neri, Guerrero Adaza, Diosdado
Peralta, Luis C. Formilleza, Jr., Democrito Perez, Bruno Flores, Dennis Rendon, Judge
Ceferino Chan, Mario Jalandoni, Kenneth Siruelo Bella Tiro, Antonio Santos, Tiburcio
Edano James Tan, Cesilo A. Adaza, Francisco Roxas, Angelita Gacutan, Jesse
Pimentel, Judge Jaime Hamoy, Jesus Anonat, Carlos Egay, Judge Carlito Eisma, Judge
Jesus Carbon, Joven Zach, and Benjamin Padon.
Noel de Guzman, Holiday Inn's credit manager, testified that Atty. Paculdo booked 52
(not 24) rooms, including the presidential suite, which was used as the Secretariat. The
group bookings were made by Atty. Gloria Paculdo, the wife of Nereo Paculdo (t.s.n.
June 28, 1989, pp. 63-68). The total sum of P227,114.89 was paid to Holiday Inn for the
use of the rooms.
(b) ATTY. VIOLETA C. DRILON
The delegates and supporters of Atty. Drilon were billeted at the Philippine Plaza Hotel
where her campaign manager, Atty. Renato Callanta, booked 40 rooms, 5 of which were
suites. According to Ms. Villanueva, Philippine Plaza banquet and conventions
manager, the contract that Atty. Callanta signed with the Philippine Plaza was made in
the name of the "IBP c/o Atty. Callanta."
Mrs. Lourdes Juco, a sales manager of the Philippine Plaza, recalled that it was Mr.
Mariano Benedicto who first came to book rooms for the IBP delegates. She suggested
that he obtain a group (or discounted) rate. He gave her the name of Atty. Callanta who
would make the arrangements with her. Mr. Benedicto turned out to be the Assistant
Secretary of the Department of Labor and Employment (DOLE).
The total sum of P316,411.53 was paid by Atty. Callanta for the rooms, food, and
beverages consumed by the Drilon group, with an unpaid balance of P302,197.30. Per
Attorney Daniel Martinez's last telephone conversation with Ms. Villanueva, Atty.
Callanta still has an outstanding account of P232,782.65 at Philippine Plaza.
Atty. Callanta admitted that he signed the contract for 40 rooms at the Philippine Plaza.
He made a downpayment of P123,000. His "working sheet' showed that the following
persons contributed for that down payment:
P 25,000
20,000
10,000
10,000
20,000
10,000
20,000
15,300
Atty. Antonio Carpio, also a Sigma Rhoan, reserved a room for the members of his own
firm who attended the legal aid seminar and the convention. He made the reservation
through Atty. Callanta to whom he paid P20,000 (t.s.n. July 6,1989, pp. 30-34).
Atty. Carpio assisted Atty. Drilon in her campaign during the convention, by soliciting the
votes of delegates he knew, like Atty. Albacite his former teacher (but the latter was
already committed to Nisce), and Atty. Romy Fortes, a classmate of his in the U.P.
College of Law (t. t.s.n. July 6, 1989, pp. 22, 29, 39).
(c) ATTY. RAMON NISCE.
Atty. Nisce, through his brother-in-law, Ricardo Paras, entered into a contract with the
Hyatt Hotel for a total of 29 rooms plus one (1) seventh-floor room. He made a
downpayment of P20,000 (t.s.n. June 28, 1989, p. 58) on April 20, 1989, and
P37,632.45 on May 10, or a total of P57,632.45.
Ms. Cecile Flores, Ms. Milagros Ocampo, and Mr. Ramon Jacinto, the sales department
manager, credit manager, and reservation manager, respectively of the Hyatt, testified
that Atty. Nisce's bill amounted to P216,127.74 (t.s.n. June 28, 1989, pp. 57-58; Exhibits
E-Flores, F-Jacinto G-Ocampo).
As earlier mentioned, Atty. Nisce admitted that he reserved rooms for those who
committed themselves to his candidacy.
The hotel guests of Atty. Nisce were: Gloria Agunos Dennis Habanel B. Batula, John E.
Asuncion, Reynaldo Cortes, Lourdes Santos, Elmer Datuin, Romualdo Din, Antonio
Nalapo, Israel Damasco, Candido Balbin, Serrano Balot, Ibarra, Joel Llosa, Eltanal,
Ruperto, Asuncion, Q. Pilotin Reymundo P. Guzman, Zoilo Aguinaldo, Clarin, R.
Ronquillo, Dominador Carillo, Filomeno Balinas, Ernesto Sabulan, Yusop Pangadapun,
A. Viray, Icampo, Abelardo Fermin, C. Quiaoit, Augurio Pamintuan, Daniel Macaraeg,
Onofre Tejada.
(6) Campaigning by labor officials for Atty. Violeta Drilon
In violation of the prohibition against "campaigning for or against a candidate while
holding an elective, judicial, quasi-judicial, or prosecutory office in the Government'
(Sec. 14[c], Art. I, IBP By-Laws), Mariano E. Benedicto II, Assistant Secretary,
Department of Labor and Employment, testified that he took a leave of absence from his
office to attend the IBP convention. He stayed at the Philippine Plaza with the Drilon
group admittedly to give "some moral assistance" to Atty. Violeta Drilon. He did so
because he is a member of the Sigma Rho Fraternity. When asked about the
significance of Sigma Rho, Secretary Benedicto explained: "More than the husband of
Mrs. Drilon being my boss, the significance there is that the husband is my brother in
the Sigma Rho."
He cheered up Mrs., Drilon when her spirits were low. He talked to her immediate circle
which included Art Tiu, Tony Carpio, Nilo Pena, Amy Wong, Atty. Grapilon, Victor
Lazatin, and Boy Reyno. They assessed the progress of the campaign, and measured
the strengths and weaknesses of the other groups The group had sessions as early as
the later part of May.
Room 114, the suite listed in the name of Assistant Secretary Benedicto toted up a bill
of P23,110 during the 2-day IBP convention/election. A total of 113 phone calls
(amounting to Pl,356) were recorded as emanating from his room.
Opposite Room 114, was Room 112, also a suite, listed in the names of Mrs. Drilon,
Gladys Tiongco (candidate for Governor, Eastern Mindanao) and Amy Wong (candidate
for Governor, Metro Manila). These two rooms served as the "action center' or "war
room" where campaign strategies were discussed before and during the convention. It
was in these rooms where the supporters of the Drilon group, like Attys. Carpio,
Callanta, Benedicto, the Quasha and the ACCRA lawyers met to plot their moves.
(7) Paying the dues or other indebtedness of any number (Sec. 14[e], IBP BY-Laws).
Atty. Teresita C. Sison, IBP Treasurer, testified that she has heard of candidates paying
the IBP dues of lawyers who promised to vote for or support them, but she has no way
of ascertaining whether it was a candidate who paid the delinquent dues of another,
because the receipts are issued in the name of the member for whom payment is made
(t.s.n. June 28, 1989, pp. 24-28).
She has noticed, though, that there is an upsurge of payments in March, April, May
during any election year. This year, the collections increased by P100,000 over that of
last year (a non-election year from Pl,413,425 to Pl,524,875 (t.s.n. June 28, 1989, p.
25).
(8) Distribution of materials other than bio-data of not more than one page of legal size
sheet of paper (Sec. 14[a], IBP By-Laws).
On the convention floor on the day of the election, Atty. Paculdo caused to be
distributed his bio-data and copies of a leaflet entitled "My Quest," as wen as, the lists of
his slate. Attys. Drilon and Nisce similarly distributed their tickets and bio-data.
The campaign materials of Atty. Paculdo cost from P15,000 to P20,000. They were
printed by his own printing shop.
(9) Causing distribution of such statement to be done by persons other than those
authorized by the officer presiding at the election (Sec. 14[b], IBP By-Laws).
Atty. Paculdo employed uniformed girls to distribute his campaign materials on the
convention floor. Atty. Carpio noted that there were more campaign materials distributed
at the convention site this year than in previous years. The election was more heated
and expensive (t.s.n. July 6,1989, p. 39).
Atty. Benjamin Bernardino, the incumbent President of the IBP Rizal Chapter, and a
candidate for chairman of the House of Delegates on Nisce's ticket, testified that
campaign materials were distributed during the convention by girls and by lawyers. He
saw members of the ACCRA law firm campaigning for Atty. Drilon (t.s.n. July 3,1989, pp.
142-145).
(10) Inducing or influencing a member to withhold his vote, or to vote for or against a
candidate (Sec. 14[e], IBP BY-Laws).
Atty. Bernardino disclosed that his cousin, Atty. Romeo Capulong, urged him to
withdraw his candidacy for chairman of the House of Delegates and to run as vicechairman in Violy Drilon's slate, but he declined (t.s.n. July 3,1989, pp. 137, 149).
Atty. Gloria Agunos personnel director of the Hyatt Terraces Hotel in Baguio and
president of the Baguio-Benguet IBP Chapter, recalled that in the third week of May
1989, after the Tripartite meet of the Department of Labor & Employment at the Green
Valley Country Club in Baguio City, she met Atty. Drilon, together with two labor officers
of Region 1, Attys. Filomeno Balbin and Atty. Mansala Atty. Drilon solicited her (Atty.
Agunos') vote and invited her to stay at the Philippine Plaza where a room would be
available for her. Atty. Paculdo also tried to enlist her support during the chapter
presidents' meeting to choose their nominee for governor for the Northern Luzon region
(t.s.n. July 13,1989, pp. 43-54).
Atty. Nisce testified that a Manila Chapter 4 delegate, Marcial Magsino, who had earlier
committed his vote to Nisce changed his mind when he was offered a judgeship (This
statement, however, is admittedly hearsay). When Nisce confronted Magsino about the
alleged offer, the latter denied that there was such an offer. Nisce's informant was
Antonio G. Nalapo an IBP candidate who also withdrew.
Another Nisce candidate, Cesar Viola, withdrew from the race and refused to be
nominated (t.s.n. June 29, 1989, p. 104). Vicente P. Tordilla who was Nisce's candidate
for Governor became Paculdo's candidate instead (t.s.n. June 29, 1989, p. 104).
Nisce recalled that during the Bench and Bar Dialogue in Cotabato City, Court
Administrator Tiro went around saying, "I am not campaigning, but my wife is a
candidate." Nisce said that the presidents of several IBP chapters informed him that
labor officials were campaigning for Mrs. Drilon (t.s.n. June 29,1989, pp. 109-110). He
mentioned Ciony de la Cerna, who allegedly campaigned in La Union (t.s.n. June
29,1989,p.111)
Atty. Joel A. Llosa, Nisce's supporter and candidate for governor of the Western
Visayas, expressed his disappointment over the IBP elections because some delegates
flip-flopped from one camp to another. He testified that when he arrived at the Manila
Domestic Airport he was met by an assistant regional director of the DOLE who offered
to bring him to the Philippine Plaza, but he declined the offer. During the legal aid
seminar, Atty. Drilon invited him to transfer to the Philippine Plaza where a room had
been reserved for him. He declined the invitation (t.s.n. July 4,1989, pp. 102-106).
Atty. Llosa said that while he was still in Dumaguete City, he already knew that the three
candidates had their headquarters in separate hotels: Paculdo, at the Holiday Inn;
Drilon, at the Philippine Plaza; and Nisce, at the Hyatt. He knew about this because a
week before the elections, representatives of Atty. Drilon went to Dumaguete City to
campaign. He mentioned Atty. Rodil Montebon of the ACCRA Law Office, accompanied
by Atty. Julve the Assistant Regional Director of the Department of Labor in Dumaguete
City. These two, he said, offered to give him two PAL tickets and accommodations at the
Philippine Plaza (t.s.n. July 4,1989, pp. 101-104). But he declined the offer because he
was already committed to Atty. Nisce.
Atty. Llosa also revealed that before he left for Manila on May 31, 1989, a businessman,
Henry Dy, approached him to convince him to vote for Atty. Paculdo. But Llosa told Dy
that he was already committed to Nisce.
He did not receive any plane tickets from Atty. Nisce because he and his two
companions (Atty. Eltanal and Atty. Ruperto) had earlier bought their own tickets for
Manila (t.s.n. July 4, 1989, p. 101).
SUMMARY OF CAMPAIGN EXPENSES INCURRED
BY THE CANDIDATES
Atty. Paculdo admitted having spent some P250,000 during his three weeks of
campaigning. Of this amount, the Capitol Bar Association (of which he was the chapter
president) contributed about P150,000. The Capitol Bar Association is a voluntary bar
association composed of Quezon City lawyers.
He spent about P100,000 to defray the expenses of his trips to the provinces (Bicol
provinces, Pampanga, Abra, Mountain Province and Bulacan) (t.s.n. June 29,1989, pp.
9-14).
Atty. Nisce's hotel bills at the Hyatt amounted to P216,127.74. This does not include the
expenses for his campaign which began several months before the June 3rd election,
and his purchases of airplane tickets for some delegates.
The records of the Philippine Plaza Hotel, headquarters of Atty. Drilon's camp, showed
that her campaign rang up over P600,000 in hotel bills. Atty. Callanta paid P316,411.53
for the rooms, food, and beverage consumed by Atty. Drilon's supporters, but still left an
unpaid bill of P302,197.30 at convention's end.
FINDINGS.
From all the foregoing, it is evident that the manner in which the principal candidates for
the national positions in the Integrated Bar conducted their campaign preparatory to the
elections on June 3, 1989, violated Section 14 of the IBP By-Laws and made a travesty
of the idea of a "strictly non-political" Integrated Bar enshrined in Section 4 of the ByLaws.
The setting up of campaign headquarters by the three principal candidates (Drilon,
Nisce and Paculdo) in five-star hotels: The Philippine Plaza, the Holiday Inn and The
Hyatt the better for them to corral and entertain the delegates billeted therein; the island
hopping to solicit the votes of the chapter presidents who comprise the 120-member
House of Delegates that elects the national officers and regional governors; the
formation of tickets, slates, or line-ups of candidates for the other elective positions
aligned with, or supporting, either Drilon, Paculdo or Nisce; the procurement of written
commitments and the distribution of nomination forms to be filled up by the delegates;
the reservation of rooms for delegates in three big hotels, at the expense of the
presidential candidates; the use of a PNB plane by Drilon and some members of her
ticket to enable them to "assess their chances" among the chapter presidents in the
Bicol provinces; the printing and distribution of tickets and bio-data of the candidates
which in the case of Paculdo admittedly cost him some P15,000 to P20,000; the
employment of uniformed girls (by Paculdo) and lawyers (by Drilon) to distribute their
campaign materials on the convention floor on the day of the election; the giving of
assistance by the Undersecretary of Labor to Mrs. Drilon and her group; the use of labor
arbiters to meet delegates at the airport and escort them to the Philippine Plaza Hotel;
the giving of pre-paid plane tickets and hotel accommodations to delegates (and some
families who accompanied them) in exchange for their support; the pirating of some
candidates by inducing them to "hop" or "flipflop" from one ticket to another for some
rumored consideration; all these practices made a political circus of the proceedings
and tainted the whole election process.
The candidates and many of the participants in that election not only violated the ByLaws of the IBP but also the ethics of the legal profession which imposes on all lawyers,
as a corollary of their obligation to obey and uphold the constitution and the laws, the
duty to "promote respect for law and legal processes" and to abstain from 'activities
aimed at defiance of the law or at lessening confidence in the legal system" (Rule 1.02,
Canon 1, Code of Professional Responsibility). Respect for law is gravely eroded when
lawyers themselves, who are supposed to be millions of the law, engage in unlawful
practices and cavalierly brush aside the very rules that the IBP formulated for their
observance.
The unseemly ardor with which the candidates pursued the presidency of the
association detracted from the dignity of the legal profession. The spectacle of lawyers
bribing or being bribed to vote one way or another, certainly did not uphold the honor of
the profession nor elevate it in the public's esteem.
The Court notes with grave concern what appear to be the evasions, denials and
outright prevarications that tainted the statements of the witnesses, including tome of
the candidates, during the initial hearing conducted by it before its fact-finding
committee was created. The subsequent investigation conducted by this Committee has
revealed that those parties had been less than candid with the Court and seem to have
conspired among themselves to deceive it or at least withhold vital information from it to
conceal the irregularities committed during the campaign. Disdain
CONCLUSIONS.
It has been mentioned with no little insistence that the provision in the 1987 Constitution
(See. 8, Art. VIII) providing for a Judicial and Bar Council composed of seven (7)
members among whom is "a representative of the Integrated Bar," tasked to participate
in the selection of nominees for appointment to vacant positions in the judiciary, may be
the reason why the position of IBP president has attracted so much interest among the
lawyers. The much coveted "power" erroneously perceived to be inherent in that office
might have caused the corruption of the IBP elections. To impress upon the participants
in that electoral exercise the seriousness of the misconduct which attended it and the
stern disapproval with which it is viewed by this Court, and to restore the non-political
character of the IBP and reduce, if not entirely eliminate, expensive electioneering for
the top positions in the organization which, as the recently concluded elections
revealed, spawned unethical practices which seriously diminished the stature of the IBP
as an association of the practitioners of a noble and honored profession, the Court
hereby ORDERS:
1. The IBP elections held on June3,1989 should be as they are hereby annulled.
2. The provisions of the IBP By-Laws for the direct election by the House of Delegates
(approved by this Court in its resolution of July 9, 1985 in Bar Matter No. 287) of the
following national officers:
(a) the officers of the House of Delegates;
(b) the IBP president; and
(c) the executive vice-president,
be repealed, this Court being empowered to amend, modify or repeal the By-Laws of
the IBP under Section 77, Art. XI of said By-Laws.
3. The former system of having the IBP President and Executive Vice-President elected
by the Board of Governors (composed of the governors of the nine [91 IBP regions)
from among themselves (as provided in Sec. 47, Art. VII, Original IBP By-Laws) should
be restored. The right of automatic succession by the Executive Vice-President to the
presidency upon the expiration of their two-year term (which was abolished by this
Court's resolution dated July 9,1985 in Bar Matter No. 287) should be as it is hereby
restored.
4. At the end of the President's two-year term, the Executive Vice-President shall
automatically succeed to the office of president. The incoming board of governors shall
then elect an Executive Vice-President from among themselves. The position of
Executive Vice-President shall be rotated among the nine (9) IBP regions. One who has
served as president may not run for election as Executive Vice-President in a
succeeding election until after the rotation of the presidency among the nine (9) regions
shall have been completed; whereupon, the rotation shall begin anew.
5. Section 47 of Article VII is hereby amended to read as follows:
Section 47. National Officers. The Integrated Bar of the Philippines
shall have a President and Executive Vice-President to be chosen by the
Board of Governors from among nine (9) regional governors, as much as
practicable, on a rotation basis. The governors shall be ex oficio VicePresident for their respective regions. There shall also be a Secretary and
Treasurer of the Board of Governors to be appointed by the President with
the consent of the Board.
6. Section 33(b), Art. V, IBP By-Laws, is hereby amended as follows:
(b) The President and Executive Vice President of the IBP shall be the
Chairman and Vice-Chairman, respectively, of the House of Delegates.
The Secretary, Treasurer, and Sergeant-at-Arms shall be appointed by the
President with the consent of the House of Delegates.'
7. Section 33(g) of Article V providing for the positions of Chairman, Vice-Chairman,
Secretary-Treasurer and Sergeant-at- Arms of the House of Delegates is hereby
repealed
8. Section 37, Article VI is hereby amended to read as follows:
Section 37. Composition of the Board. The Integrated Bar of the
Philippines shall be governed by a Board of Governors consisting of nine
(9) Governors from the nine (9) regions as delineated in Section 3 of the
Integration Rule, on the representation basis of one (1) Governor for each
region to be elected by the members of the House of Delegates from that
region only. The position of Governor should be rotated among the
different Chapters in the region.
9. Section 39, Article V is hereby amended as follows:
Section 39. Nomination and election of the Governors at least one (1)
month before the national convention the delegates from each region shall
elect the governor for their region, the choice of which shall as much as
possible be rotated among the chapters in the region.
FIRST DIVISION
RE: REPORT ON THE
FINANCIAL AUDIT CONDUCTED
ON THE BOOKS OF ACCOUNTS
OF ATTY. RAQUEL G. KHO,
CLERK OF COURT IV,
REGIONAL TRIAL COURT,
ORAS, EASTERN SAMAR
Present:
PUNO, C.J., Chairperson,
SANDOVAL-GUTIERREZ,
CORONA,
AZCUNA and
GARCIA, JJ.
Promulgated:
April 19, 2007
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
RESOLUTION
CORONA, J.:
In our resolution dated June 27, 2006, we found Atty. Raquel G. Kho,
former clerk of court of the Regional Trial Court, Branch 5, Oras, Eastern
Samar, guilty of gross misconduct for his failure to make a timely remittance of
judiciary funds in his custody as required by OCA Circular No. 8A-93. [1] We
ordered him to pay a fine of P10,000 for his transgression. The matter did not
end there, however. Because his malfeasance prima facie contravened Canon 1,
Rule 1.01[2] of the Code of Professional Responsibility, we ordered him to show
cause why he should not be disciplined as a lawyer and as an officer of the
court.
Atty.
Kho
submitted
his
explanation
in
compliance
with
our
directive. We shall now resolve this pending matter and bring to a close this
regrettable chapter in his career as a government lawyer.
In his explanation, Atty. Kho admitted that his failure to make a timely
remittance of the cash deposited with him was inexcusable. He maintained,
however, that he kept the money in the courts safety vault and never once used
it for his own benefit.
Atty. Khos apparent good faith and his ready admission of the infraction,
although certainly mitigating, cannot negate the fact that his failure to
remit P65,000 in judiciary funds for over a year was contrary to the mandatory
provisions of OCA Circular 8A-93. That omission was a breach of his oath to
obey the laws as well as the legal orders of the duly constituted
authorities[3] and of his duties under Canon 1, Rule 1.01 of the Code of
Professional Responsibility:
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.
It is no accident that these are the first edicts laid down in the Code of
Professional Responsibility for these are a lawyers foremost duties. Lawyers
should always keep in mind that, although upholding the Constitution and
obeying the law is an obligation imposed on every citizen, a lawyers
responsibilities under Canon 1 mean more than just staying out of trouble with
the law. As servants of the law and officers of the court, lawyers are required to
be at the forefront of observing and maintaining the rule of law. They are
expected to make themselves exemplars worthy of emulation. [4] This, in fact, is
what a lawyers obligation to promote respect for law and legal processes
entails.
The least a lawyer can do in compliance with Canon 1 is to refrain from
engaging in unlawful conduct.[5] By definition, any act or omission contrary to
law is unlawful.[6] It does not necessarily imply the element of criminality
although it is broad enough to include it.[7] Thus, the presence of evil intent on
the part of the lawyer is not essential in order to bring his act or omission
within the terms of Rule 1.01 which specifically prohibits lawyers from
engaging in unlawful conduct.
Atty. Khos conduct was not only far from exemplary, it was unlawful as
well. For this, he must be called to account. However, his candid and repentant
admission of his error, his lack of intent to gain and the fact that this is his
first
offense
should
temper
his
culpability
considerably.
Under
the
To avert the occurrence of the above danger and damage to property, loss of life and for
the protection of the safety of all the people concerned, they are immediately requesting
for your appropriate action on the matter please at your earliest opportune time.
Being your co-municipal official in the Municipal Government of Meycauayan who is the
Chief Legal Counsel of its Legal Department, and by virtue of Sub par. (4), Paragraph
(b), Section 481 of the Local Government Code of 1991, he is inquiring if there was
already full compliance on the part of the owner of the Building under construction with
the requirements provided for in Sections 301, 302 and 308 of the National Building
Code and on the part of your good office, your compliance with the provisions of
Sections 303 and 304 of the same foregoing cited Building Code.
Please be reminded of the adverse and unfavorable legal effect of the non-compliance
with said Sections 301, 302, 303 and 304 of the National Building Code by all the
parties concerned. (Which are not confined only to penalties provided in Sections 211
and 212 thereof.)
x x x x4 (Emphasis and underscoring partly in the original, partly supplied)
By complainants claim, respondent opposed the application for building permit because
of a personal grudge against his wife Susan who objected to respondents marrying her
first cousin Imelda Soriano, respondents marriage with Carolina Agaton being still
subsisting.5
To the complaint, complainant attached a copy of his Complaint Affidavit 6 he filed
against respondent before the Office of the Ombudsman for violation of Section 3 (e) 7 of
Republic Act No. 3019, as amended (The Anti-Graft and Corrupt Practices Act) and
Section 4 (a) and (c)8 of Republic Act No. 6713 (Code of Conduct and Ethical Standards
for Public Officials and Employees).9
By Report and Recommendation dated May 6, 2005, 10 the IBP Commission on Bar
Discipline, through Commissioner Rebecca Villanueva-Maala, recommended the
dismissal of the complaint in light of the following findings:
The complaint dealt with mainly on the issue that respondent allegedly opposes the
application of his wife for a building permit for the construction of their commercial
building. One of the reason[s] stated by the complainant was that his wife was not in
favor of Imeldas relationship with respondent who is a married man. And the other
reason is that respondent was not authorized to represent his neighbors in opposing the
construction of his building.
From the facts and evidence presented, we find respondent to have satisfactorily
answered all the charges and accusations of complainant. We find no clear, convincing
and strong evidence to warrant the disbarment or suspension of respondent. An
attorney enjoys the legal presumption that he is innocent of the charges preferred
against him until the contrary is proved. The burden of proof rests upon the complainant
to overcome the presumption and establish his charges by a clear preponderance of
evidence. In the absence of the required evidence, the presumption of innocence on the
part of the lawyer continues and the complaint against him should be dismissed (In re
De Guzman, 55 SCRA 1239; Balduman vs. Luspo, 64 SCRA 74; Agbayani vs. Agtang,
73 SCRA 283).
x x x x.11 (Underscoring supplied)
By Resolution of June 25, 2005,12 the Board of Governors of the IBP adopted and
approved the Report and Recommendation of Commissioner Villanueva-Maala.
Hence, the present Petition for Review13 filed by complainant.
Complainant maintains that respondent violated Rule 1.01 when he contracted a
second marriage with Imelda Soriano on September 17, 1989 while his marriage with
Carolina Agaton, which was solemnized on December 17, 1967, is still subsisting.
Complainant further maintains that respondent used his influence as the Municipal
Legal Officer of Meycauayan to oppose his wifes application for building permit, in
violation of Rule 6.02 of the Code of Professional Responsibility.
And for engaging in the practice of law while serving as the Municipal Legal Officer of
Meycauayan, complainant maintains that respondent violated Rule 7.03.
To his Comment,14 respondent attached the July 29, 200515 Joint Resolution of the
Office of the Deputy Ombudsman for Luzon dismissing complainants complaint for
violation of Sec. 3 (e) of RA 3019 and Section 4 (a) and (c) of RA 6713, the pertinent
portion of which joint resolution reads:
x x x A perusal of the questioned letter dated September 13, 2004 of herein respondent
Atty. Pablo Cruz addressed to the Building official appears to be not an opposition for
the issuance of complainants building permit, but rather to redress a wrong and an
inquiry as to whether compliance with the requirements for the construction of an edifice
has been met. In fact, the Office of the Building Official after conducting an investigation
found out that there was [a] violation of the Building Code for constructing without a
building permit committed by herein complainants wife Susan Dulalia. Hence, a Work
Stoppage Order was issued. Records disclose fu[r]ther [that] it was only after the said
violation had been committed that Susan Dulalia applied for a building permit. As
correctly pointed out by respondent, the same is being processed pending approval by
the Building Official and not of the Municipal Zoning Administrator as alleged by
complainant. Anent the allegation that respondent was engaged in the private practice
of his law profession despite being employed in the government as Municipal Legal
Officer of Meycauayan, Bulacan, the undersigned has taken into consideration the
explanation and clarification made by the respondent to be justifiable and
meritorious. Aside from the bare allegations of herein complainant, there is no sufficient
evidence to substantiate the complaints against the respondent. 16(Underscoring
supplied)
After a review of the record of the case, this Court finds the dismissal of the charges of
violating Rules 6.02 and 7.03 in order.
Indeed, complaint failed to prove that respondent used his position as Municipal Legal
Officer to advance his own personal interest against complainant and his wife.
As for respondents September 13, 2004 letter, there is nothing to show that he opposed
the application for building permit. He just inquired whether complainants wife fully
complied with the requirements provided for by the National Building Code, on top of
expressing his concerns about "the danger and damages to their properties, health and
safety" occasioned by the construction of the building.
Besides, as reflected above, the application for building permit was filed on September
28, 2004,17 whereas the questioned letter of respondent was priorly written and received
on September 13, 2004 by the Municipal Engineer/ Building Official, who on the same
day, ordered an inspection and issued a Cease and Desist Order/Notice stating that
"[f]ailure to comply with th[e] notice shall cause this office to instate proper legal action
against you."18
Furthermore, as the Certification dated April 4, 2005 19 from the Office of the Municipal
Engineer showed, complainants wife eventually withdrew the application as she had
not yet secured clearances from the Municipal Zoning Administrator and from the
barangay where the building was to be constructed.
Respecting complainants charge that respondent engaged in an unauthorized private
practice of law while he was the Municipal Legal Officer of Meycauayan, a position
coterminous to that of the appointing authority, suffice it to state that respondent
proffered proof that his private practice is not prohibited. 20
provision when he contracted the second marriage abroad. From 1985 when allegedly
his first wife abandoned him, an allegation which was not refuted, until his marriage in
1989 with Imelda Soriano, there is no showing that he was romantically involved with
any woman. And, it is undisputed that his first wife has remained an absentee even
during the pendency of this case.
As noted above, respondent did not deny he contracted marriage with Imelda Soriano.
The community in which they have been living in fact elected him and served as
President of the IBP-Bulacan Chapter from 1997-1999 and has been handling free legal
aid cases.
Respondents misimpression that it was the Civil Code provisions which applied at the
time he contracted his second marriage and the seemingly unmindful attitude of his
residential community towards his second marriage notwithstanding, respondent may
not go scotfree.
As early as 1957, this Court has frowned on the act of contracting a second marriage
while the first marriage was still in place as being contrary to honesty, justice, decency
and morality.28
In another vein, respondent violated Canon 5 of the Code of Professional Responsibility
which provides:
CANON 5 A lawyer shall keep abreast of legal developments, participate in continuing
legal education programs, support efforts to achieve high standards in law schools as
well as in the practical training of law students and assist in disseminating information
regarding the law and jurisprudence.
Respondents claim that he was not aware that the Family Code already took effect on
August 3, 1988 as he was in the United States from 1986 and stayed there until he
came back to the Philippines together with his second wife on October 9, 1990 does not
lie, as "ignorance of the law excuses no one from compliance therewith."
Apropos is this Courts pronouncement in Santiago v. Rafanan:29
It must be emphasized that the primary duty of lawyers is to obey the laws of the land
and promote respect for the law and legal processes. They are expected to be in the
forefront in the observance and maintenance of the rule of law. This duty carries with
it the obligation to be well-informed of the existing laws and to keep abreast with
legal developments, recent enactments and jurisprudence. It is imperative that they
be conversant with basic legal principles. Unless they faithfully comply with such
duty, they may not be able to discharge competently and diligently their
obligations as members of the bar. Worse, they may become susceptible to
committing mistakes.30 (Emphasis and underscoring supplied)
WHEREFORE, respondent Atty. Pablo C. Cruz is guilty of violating Rule 1.01 and
Canon 5 of the Code of Professional Responsibility and is SUSPENDED from the
practice of law for one year. He is WARNED that a similar infraction will be dealt with
more severely.
Let a copy of this Decision be furnished the Office of the Bar Confidant, the Integrated
Bar of the Philippines, and all courts throughout the country.
SO ORDERED.
FIRST DIVISION
PEDRO L. LINSANGAN,
Complainant,
Present:
CORONA,
LEONARDO-DE CASTRO and
BERSAMIN, JJ.
Respondent.
Promulgated:
September 4, 2009
x-----------------------------------------x
RESOLUTION
CORONA, J.:
Front
NICOMEDES TOLENTINO
LAW OFFFICE
CONSULTANCY & MARITIME SERVICES
W/ FINANCIAL ASSISTANCE
Fe Marie L. Labiano
Paralegal
Tel: 362-7820
Back
SERVICES OFFERED:
CONSULTATION AND ASSISTANCE
TO OVERSEAS SEAMEN
REPATRIATED DUE TO ACCIDENT,
INJURY, ILLNESS, SICKNESS, DEATH
AND INSURANCE BENEFIT CLAIMS
ABROAD.
(emphasis supplied)
professional
practice
of
respondent
complainant,
violating
had encroached
Rule
on
the
other
Canons of the CPR are rules of conduct all lawyers must adhere to,
including the manner by which a lawyers services are to be made known.
Thus, Canon 3 of the CPR provides:
Hence, lawyers are prohibited from soliciting cases for the purpose of gain,
either personally or through paid agents or brokers. [15] Such actuation
constitutes malpractice, a ground for disbarment.[16]
Rule 2.03 should be read in connection with Rule 1.03 of the CPR which
provides:
This rule proscribes ambulance chasing (the solicitation of almost any kind of
legal business by an attorney, personally or through an agent in order to gain
employment)[17] as a measure to protect the community from barratry and
champerty.[18]
Rule 16.04 A lawyer shall not borrow money from his client unless
the clients interests are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client except,
when in the interest of justice, he has to advance necessary expenses in a
legal matter he is handling for the client.
The rule is that a lawyer shall not lend money to his client. The only
exception is, when in the interest of justice, he has to advance necessary
expenses (such as filing fees, stenographers fees for transcript of stenographic
notes, cash bond or premium for surety bond, etc.) for a matter that he is
handling for the client.
Either of these circumstances may lead the lawyer to consider his own
recovery rather than that of his client, or to accept a settlement which may
take care of his interest in the verdict to the prejudice of the client in violation
of his duty of undivided fidelity to the clients cause.[24]
As
previously
mentioned,
any
act
of
solicitation
constitutes
malpractice[25] which calls for the exercise of the Courts disciplinary powers.
Violation of anti-solicitation statutes warrants serious sanctions for initiating
contact with a prospective client for the purpose of obtaining employment.
[26]
Thus, in this jurisdiction, we adhere to the rule to protect the public from
(a)
lawyers name;
(b)
(c)
address;
(d)
(e)
and
Section
27,
the
Rule
practice
138
of
of
law
the
for
Rules
a
of
period
Court
of
is
one
Let a copy of this Resolution be made part of his records in the Office of
the Bar Confidant, Supreme Court of the Philippines, and be furnished to the
Integrated Bar of the Philippines and the Office of the Court Administrator to
be circulated to all courts.
SO ORDERED.
EN BANC
ROLANDO B. PACANA, JR.,
Complainant,
- versus -
PUNO, C.J.,
QUISUMBING,
YNARES-SANTIAGO,
CARPIO,
CORONA,
CARPIO MORALES,
CHICO-NAZARIO,
VELASCO, JR.,
NACHURA,
LEONARDO-DE CASTRO,
BRION,*
PERALTA, and
BERSAMIN, JJ.
Promulgated:
July 24, 2009
x-----------------------------------------------------------------------------------------x
DECISION
PER CURIAM:
This case stems from an administrative complaint [1] filed by Rolando Pacana, Jr. against
Atty. Maricel Pascual-Lopez charging the latter with flagrant violation of the provisions of the
Code of Professional Responsibility.[2] Complainant alleges that respondent committed acts
constituting conflict of interest, dishonesty, influence peddling, and failure to render an
accounting of all the money and properties received by her from complainant.
On January 2, 2002, complainant was the Operations Director for Multitel
Communications Corporation (MCC). MCC is an affiliate company of Multitel International
Holdings Corporation (Multitel). Sometime in July 2002, MCC changed its name to Precedent
Communications Corporation (Precedent).[3]
According to complainant, in mid-2002, Multitel was besieged by demand letters from its
members and investors because of the failure of its investment schemes. He alleges that he
earned the ire of Multitel investors after becoming the assignee of majority of the shares of stock
of Precedent and after being appointed as trustee of a fund amounting to Thirty Million Pesos
(P30,000,000.00) deposited at Real Bank.
Distraught, complainant sought the advice of respondent who also happened to be a
member of the Couples for Christ, a religious organization where complainant and his wife were
also active members. From then on, complainant and respondent constantly communicated, with
the former disclosing all his involvement and interests in Precedent and Precedents relation with
Multitel. Respondent gave legal advice to complainant and even helped him prepare standard
quitclaims for creditors. In sum, complainant avers that a lawyer-client relationship was
established between him and respondent although no formal document was executed by them at
that time. A Retainer Agreement[4] dated January 15, 2003 was proposed by respondent.
Complainant, however, did not sign the said agreement because respondent verbally asked for
One Hundred Thousand Pesos (P100,000.00) as acceptance fee and a 15% contingency fee upon
collection of the overpayment made by Multitel to Benefon, [5] a telecommunications company
based in Finland. Complainant found the proposed fees to be prohibitive and not within his
means.[6] Hence, the retainer agreement remained unsigned.[7]
After a few weeks, complainant was surprised to receive a demand letter from
respondent[8] asking for the return and immediate settlement of the funds invested by
respondents clients in Multitel. When complainant confronted respondent about the demand
letter, the latter explained that she had to send it so that her clients defrauded investors of
Multitel would know that she was doing something for them and assured complainant that
there was nothing to worry about.[9]
Both parties continued to communicate and exchange information regarding the
persistent demands made by Multitel investors against complainant. On these occasions,
respondent impressed upon complainant that she can closely work with officials of the AntiMoney Laundering Council (AMLC), the Department of Justice (DOJ), the National Bureau of
Investigation (NBI), the Bureau of Immigration and Deportations (BID), [10] and the Securities
and Exchange Commission (SEC)[11]to resolve complainants problems. Respondent also
convinced complainant that in order to be absolved from any liability with respect to the
investment scam, he must be able to show to the DOJ that he was willing to divest any and all of
his interests in Precedent including the funds assigned to him by Multitel.[12]
Respondent also asked money from complainant allegedly for safekeeping to be used
only for his case whenever necessary. Complainant agreed and gave her an initial amount
of P900,000.00 which was received by respondent herself.[13]Sometime thereafter, complainant
again gave respondent P1,000,000.00.[14] Said amounts were all part of Precedents collections
and sales proceeds which complainant held as assignee of the companys properties.[15]
When complainant went to the United States (US), he received several messages from
respondent sent through electronic mail (e-mail) and short messaging system (SMS, or text
messages) warning him not to return to the Philippines because Rosario Baladjay, president of
Multitel, was arrested and that complainant may later on be implicated in Multitels failed
investment system. Respondent even said that ten (10) arrest warrants and a hold departure order
had been issued against him. Complainant, thereafter, received several e-mail messages from
respondent updating him of the status of the case against Multitel and promised that she will
settle the matter discreetly with government officials she can closely work with in order to clear
complainants name.[16] In two separate e-mail messages,[17] respondent again asked money from
complainant, P200,000 of which was handed by complainants wife while respondent was
confined in Saint Lukes Hospital after giving birth,[18]and another P700,000 allegedly to be
given to the NBI.[19]
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.
Please do not worry. Give me 3 months to make it all disappear. But if you
hire Coco, I will give him the free hand to work with your case. Please trust
me. I have never let you down, have I? I told you this will happen but we are
ready and prepared. The clients who received the phones will stand by you and
make you the hero in this scandal. I will stand by you always. This is my
expertise. TRUST me! That is all. You have an angel on your side. Always pray
though to the best legal mind up there. You will be ok!
Candy[22]
On July 4, 2003, contrary to respondents advice, complainant returned to the country. On
the eve of his departure from the United States, respondent called up complainant and
conveniently informed him that he has been cleared by the NBI and the BID.[23]
About a month thereafter, respondent personally met with complainant and his wife and
told them that she has already accumulated P12,500,000.00 as attorneys fees and was willing to
give P2,000,000.00 to complainant in appreciation for his help. Respondent allegedly told
complainant that without his help, she would not have earned such amount. Overwhelmed and
relieved, complainant accepted respondents offer but respondent, later on, changed her mind and
told complainant that she would instead invest the P2,000,000.00 on his behalf in a business
venture. Complainant declined and explained to respondent that he and his family needed the
money instead to cover their daily expenses as he was no longer employed. Respondent allegedly
agreed, but she failed to fulfill her promise.[24]
Respondent even publicly announced in their religious organization that she was able to
help settle the ten (10) warrants of arrest and hold departure order issued against complainant
and narrated how she was able to defend complainant in the said cases.[25]
By April 2004, however, complainant noticed that respondent was evading him.
Respondent would either refuse to return complainants call or would abruptly terminate their
telephone conversation, citing several reasons. This went on for several months.[26] In one
instance, when complainant asked respondent for an update on the collection of Benefons
obligation to Precedent which respondent had previously taken charge of, respondent arrogantly
answered that she was very busy and that she would read Benefons letter only when she found
time to do so.
On November 9, 2004, fed up and dismayed with respondents arrogance and
evasiveness, complainant wrote respondent a letter formally asking for a full accounting of all
the money, documents and properties given to the latter.[27] Respondent rendered an accounting
through a letter dated December 20, 2004.[28] When complainant found respondents explanation
to be inadequate, he wrote a latter expressing his confusion about the accounting. [29] Complainant
repeated his request for an audited financial report of all the properties turned over to her;
otherwise, he will be constrained to file the appropriate case against respondent. [30] Respondent
replied,[31] explaining that all the properties and cash turned over to her by complainant had been
returned to her clients who had money claims against Multitel. In exchange for this, she said that
she was able to secure quitclaim documents clearing complainant from any liability. [32] Still
unsatisfied, complainant decided to file an affidavit-complaint [33] against respondent before the
Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) seeking the
disbarment of respondent.
In her Answer-Affidavit,[34] respondent vehemently denied being the lawyer for
Precedent. She maintained that no formal engagement was executed between her and
complainant. She claimed that she merely helped complainant by providing him with legal
advice and assistance because she personally knew him, since they both belonged to the same
religious organization.[35]
Respondent insisted that she represented the group of investors of Multitel and that she
merely mediated in the settlement of the claims her clients had against the complainant. She also
averred that the results of the settlement between both parties were fully documented and
accounted for.[36] Respondent believes that her act in helping complainant resolve his legal
problem did not violate any ethical standard and was, in fact, in accord with Rule 2.02 of the
Code of Professional Responsibility.[37]
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.
In her Position Paper,[39] respondent also questioned the admissibility of the electronic
evidence submitted by complainant to the IBPs Commission on Bar Discipline. Respondent
maintained that the e-mail and the text messages allegedly sent by respondent to complainant
were of doubtful authenticity and should be excluded as evidence for failure to conform to the
Rules on Electronic Evidence (A.M. No. 01-7-01-SC).
After due hearing, IBP Investigating Commissioner Patrick M. Velez issued a Report and
Recommendation[40] finding that a lawyer-client relationship was established between respondent
and complainant despite the absence of a written contract. The Investigating Commissioner also
declared that respondent violated her duty to be candid, fair and loyal to her client when she
allowed herself to represent conflicting interests and failed to render a full accounting of all the
cash and properties entrusted to her. Based on these grounds, the Investigating Commissioner
recommended her disbarment.
Respondent moved for reconsideration,[41] but the IBP Board of Governors issued a
Recommendation[42] denying the motion and adopting the findings of the Investigating
Commissioner.
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:
Rule 15.03 A lawyer shall not represent conflicting interests except by written
consent of all concerned given after full disclosure of the facts.
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]
Respondent also tries to disprove the existence of such relationship by arguing that no
written contract for the engagement of her services was ever forged between her and
complainant.[49] This argument all the more reveals respondents patent ignorance of fundamental
laws on contracts and of basic ethical standards expected from an advocate of justice. The IBP
was correct when it said:
The absence of a written contract will not preclude the finding that there
was a professional relationship between the parties. Documentary formalism is
not an essential element in the employment of an attorney; the contract may
be express or implied. To establish the relation, it is sufficient that the advice and
assistance of an attorney is sought and received in any matter pertinent to his
profession.[50] (Emphasis supplied.)
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.
In Hornilla v. Atty. Salunat,[51] we explained the concept of conflict of interest, thus:
the IBP Board of Governors, motu proprio or upon referral by this Court or by the Board of
Officers of an IBP Chapter[56]even if no private individual files any administrative complaint.
Upon review, we find no cogent reason to disturb the findings and recommendations of
the IBP Investigating Commissioner, as adopted by the IBP Board of Governors, on the
admissibility of the electronic evidence submitted by complainant. We, accordingly, adopt the
same in toto.
Finally, respondent argues that the recommendation of the IBP Board of Governors to
disbar her on the grounds of deceit, malpractice and other gross misconduct, aside from violation
of the Lawyers Oath, has been rendered moot and academic by voluntary termination of her IBP
membership, allegedly after she had been placed under the Department of Justices Witness
Protection Program.[57] Convenient as it may be for respondent to sever her membership in the
integrated bar, this Court cannot allow her to do so without resolving first this administrative
case against her.
The resolution of the administrative case filed against respondent is necessary in order to
determine the degree of her culpability and liability to complainant. The case may not be
dismissed or rendered moot and academic by respondents act of voluntarily terminating her
membership in the Bar regardless of the reason for doing so. This is because membership in the
Bar is a privilege burdened with conditions. [58] The conduct of a lawyer may make him or her
civilly, if not criminally, liable to his client or to third parties, and such liability may be
conveniently avoided if this Court were to allow voluntary termination of membership. Hence, to
terminate ones membership in the Bar voluntarily, it is imperative that the lawyer first prove that
the voluntary withdrawal of membership is not a ploy to further prejudice the public or to evade
liability. No such proof exists in the present case.
WHEREFORE,
respondent
Attorney
Maricel
Pascual-Lopez
is
hereby DISBARRED for representing conflicting interests and for engaging in unlawful,
dishonest and deceitful conduct in violation of her Lawyers Oath and the Code of Professional
Responsibility.
Let a copy of this Decision be entered in the respondents record as a member of the Bar,
and notice of the same be served on the Integrated Bar of the Philippines, and on the Office of
the Court Administrator for circulation to all courts in the country.
SO ORDERED.
FIRST DIVISION
[A.C. No. 5299. August 19, 2003]
ATTY. ISMAEL G. KHAN, JR., Assistant Court Administrator and Chief, Public
Information
Office, complainant,
vs. ATTY.
RIZALINO
T.
SIMBILLO, respondent.
[G.R. No. 157053. August 19, 2003]
ATTY. RIZALINO T. SIMBILLO, petitioner, vs. IBP COMMISSION ON BAR
DISCIPLINE and ATTY. ISMAEL G. KHAN, JR., in his capacity as Assistant
Court Administrator and Chief, Public Information Office,respondents.
RESOLUTION
YNARES-SANTIAGO, J.:
This administrative complaint arose from a paid advertisement that appeared in the
July 5, 2000 issue of the newspaper, Philippine Daily Inquirer, which reads:
ANNULMENT OF MARRIAGE Specialist 532-4333/521-2667. [1]
Ms. Ma. Theresa B. Espeleta, a staff member of the Public Information Office of the
Supreme Court, called up the published telephone number and pretended to be an
interested party. She spoke to Mrs. Simbillo, who claimed that her husband, Atty.
Rizalino Simbillo, was an expert in handling annulment cases and can guarantee a
court decree within four to six months, provided the case will not involve separation of
property or custody of children. Mrs. Simbillo also said that her husband charges a fee
of P48,000.00, half of which is payable at the time of filing of the case and the other half
after a decision thereon has been rendered.
Further research by the Office of the Court Administrator and the Public Information
Office revealed that similar advertisements were published in the August 2 and 6, 2000
issues of the Manila Bulletin and August 5, 2000 issue of The Philippine Star.[2]
On September 1, 2000, Atty. Ismael G. Khan, Jr., in his capacity as Assistant Court
Administrator and Chief of the Public Information Office, filed an administrative
complaint against Atty. Rizalino T. Simbillo for improper advertising and solicitation of his
legal services, in violation of Rule 2.03 and Rule 3.01 of the Code of Professional
Responsibility and Rule 138, Section 27 of the Rules of Court. [3]
In his answer, respondent admitted the acts imputed to him, but argued that
advertising and solicitation per se are not prohibited acts; that the time has come to
change our views about the prohibition on advertising and solicitation; that the interest
of the public is not served by the absolute prohibition on lawyer advertising; that the
Court can lift the ban on lawyer advertising; and that the rationale behind the decadesold prohibition should be abandoned. Thus, he prayed that he be exonerated from all
the charges against him and that the Court promulgate a ruling that advertisement of
legal services offered by a lawyer is not contrary to law, public policy and public order as
long as it is dignified.[4]
The case was referred to the Integrated Bar of the Philippines for investigation,
report and recommendation.[5] On June 29, 2002, the IBP Commission on Bar
Discipline passed Resolution No. XV-2002-306, [6] finding respondent guilty of violation of
Rules 2.03 and 3.01 of the Code of Professional Responsibility and Rule 138, Section
27 of the Rules of Court, and suspended him from the practice of law for one (1) year
with the warning that a repetition of similar acts would be dealt with more severely. The
IBP Resolution was noted by this Court on November 11, 2002. [7]
In the meantime, respondent filed an Urgent Motion for Reconsideration, [8] which
was denied by the IBP in Resolution No. XV-2002-606 dated October 19, 2002 [9]
Hence, the instant petition for certiorari, which was docketed as G.R. No. 157053
entitled, Atty. Rizalino T. Simbillo, Petitioner versus IBP Commission on Bar Discipline,
Atty. Ismael G. Khan, Jr., Asst. Court Administrator and Chief, Public Information Office,
Respondents. This petition was consolidated with A.C. No. 5299 per the Courts
Resolution dated March 4, 2003.
In a Resolution dated March 26, 2003, the parties were required to manifest
whether or not they were willing to submit the case for resolution on the basis of the
pleadings.[10] Complainant filed his Manifestation on April 25, 2003, stating that he is not
submitting any additional pleading or evidence and is submitting the case for its early
resolution on the basis of pleadings and records thereof. [11] Respondent, on the other
hand, filed a Supplemental Memorandum on June 20, 2003.
We agree with the IBPs Resolutions Nos. XV-2002-306 and XV-2002-606.
Rules 2.03 and 3.01 of the Code of Professional Responsibility read:
Rule 2.03. A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.
Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or
legal services.
Rule 138, Section 27 of the Rules of Court states:
SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds therefor. A
member of the bar may be disbarred or suspended from his office as attorney by the Supreme
Court for any deceit, malpractice or other gross misconduct in such office, grossly immoral
conduct or by reason of his conviction of a crime involving moral turpitude, or for any violation
of the oath which he is required to take before the admission to practice, or for a willful
disobedience appearing as attorney for a party without authority to do so.
It has been repeatedly stressed that the practice of law is not a business. [12] It is a
profession in which duty to public service, not money, is the primary
consideration. Lawyering is not primarily meant to be a money-making venture, and law
advocacy is not a capital that necessarily yields profits. [13] The gaining of a livelihood
should be a secondary consideration. [14] The duty to public service and to the
administration of justice should be the primary consideration of lawyers, who must
subordinate their personal interests or what they owe to themselves. [15] The following
elements distinguish the legal profession from a business:
1.
2.
3.
4.
There is no question that respondent committed the acts complained of. He himself
admits that he caused the publication of the advertisements. While he professes
repentance and begs for the Courts indulgence, his contrition rings
hollow considering the fact that he advertised his legal services again after he pleaded
for compassion and after claiming that he had no intention to violate the rules. Eight
months after filing his answer, he again advertised his legal services in the August 14,
2001 issue of the Buy & Sell Free Ads Newspaper.[17] Ten months later, he caused the
same advertisement to be published in the October 5, 2001 issue of Buy & Sell.[18] Such
acts of respondent are a deliberate and contemptuous affront on the Courts authority.
What adds to the gravity of respondents acts is that in advertising himself as a selfstyled Annulment of Marriage Specialist, he wittingly or unwittingly erodes and
undermines not only the stability but also the sanctity of an institution still considered
sacrosanct despite the contemporary climate of permissiveness in our society. Indeed,
in assuring prospective clients that an annulment may be obtained in four to six months
from the time of the filing of the case, [19] he in fact encourages people, who might have
otherwise been disinclined and would have refrained from dissolving their marriage
bonds, to do so.
Nonetheless, the solicitation of legal business is not altogether
proscribed. However, for solicitation to be proper, it must be compatible with the dignity
of the legal profession. If it is made in a modest and decorous manner, it would bring no
injury to the lawyer and to the bar.[20] Thus, the use of simple signs stating the name or
names of the lawyers, the office and residence address and fields of practice, as well as
advertisement in legal periodicals bearing the same brief data, are permissible. Even
the use of calling cards is now acceptable. [21] Publication in reputable law lists, in a
manner consistent with the standards of conduct imposed by the canon, of brief
biographical and informative data is likewise allowable. As explicitly stated in Ulep v.
Legal Clinic, Inc.:[22]
Such data must not be misleading and may include only a statement of the lawyers name and the
names of his professional associates; addresses, telephone numbers, cable addresses; branches of
law practiced; date and place of birth and admission to the bar; schools attended with dates of
graduation, degrees and other educational distinctions; public or quasi-public offices; posts of
honor; legal authorships; legal teaching positions; membership and offices in bar associations
and committees thereof, in legal and scientific societies and legal fraternities; the fact of listings
in other reputable law lists; the names and addresses of references; and, with their written
consent, the names of clients regularly represented.
The law list must be a reputable law list published primarily for that purpose; it cannot be a mere
supplemental feature of a paper, magazine, trade journal or periodical which is published
principally for other purposes. For that reason, a lawyer may not properly publish his brief
biographical and informative data in a daily paper, magazine, trade journal or society
program. Nor may a lawyer permit his name to be published in a law list the conduct,
management, or contents of which are calculated or likely to deceive or injure the public or the
bar, or to lower dignity or standing of the profession.
The use of an ordinary simple professional card is also permitted. The card may contain only a
statement of his name, the name of the law firm which he is connected with, address, telephone
number and special branch of law practiced. The publication of a simple announcement of the
opening of a law firm or of changes in the partnership, associates, firm name or office address,
being for the convenience of the profession, is not objectionable. He may likewise have his
name listed in a telephone directory but not under a designation of special branch of
law. (emphasis and italics supplied)
WHEREFORE, in view of the foregoing, respondent RIZALINO T. SIMBILLO is
found GUILTY of violation of Rules 2.03 and 3.01 of the Code of Professional
Responsibility and Rule 138, Section 27 of the Rules of Court. He is SUSPENDED
from the practice of law for ONE (1) YEAR effective upon receipt of this Resolution. He
is likewise STERNLY WARNED that a repetition of the same or similar offense will be
dealt with more severely.
Let copies of this Resolution be entered in his record as attorney and be furnished
the Integrated Bar of the Philippines and all courts in the country for their information
and guidance.
SO ORDERED.
Vitug, (Acting Chairman),Carpio, and Azcuna, JJ., concur.
Davide, Jr., C.J., (Chairman ), abroad, on official business.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
A.C. No. L-1117
Appearing in his own behalf, respondent at first denied having published the said
advertisement; but subsequently, thru his attorney, he admitted having caused its
publication and prayed for "the indulgence and mercy" of the Court, promising "not to
repeat such professional misconduct in the future and to abide himself to the strict
ethical rules of the law profession." In further mitigation he alleged that the said
advertisement was published only once in the Tribune and that he never had any case
at law by reason thereof.
Upon that plea the case was submitted to the Court for decision.
It is undeniable that the advertisement in question was a flagrant violation by the
respondent of the ethics of his profession, it being a brazen solicitation of business from
the public. Section 25 of Rule 127 expressly provides among other things that "the
practice of soliciting cases at law for the purpose of gain, either personally or thru paid
agents or brokers, constitutes malpractice." It is highly unethical for an attorney to
advertise his talents or skill as a merchant advertises his wares. Law is a profession and
not a trade. The lawyer degrades himself and his profession who stoops to and adopts
the practices of mercantilism by advertising his services or offering them to the public.
As a member of the bar, he defiles the temple of justice with mercenary activities as the
money-changers of old defiled the temple of Jehovah. "The most worth and effective
advertisement possible, even for a young lawyer, . . . is the establishment of a wellmerited reputation for professional capacity and fidelity to trust. This cannot be forced
but must be the outcome of character and conduct." (Canon 27, Code of Ethics.)
In In re Tagorda, 53 Phil., the respondent attorney was suspended from the practice of
law for the period of one month for advertising his services and soliciting work from the
public by writing circular letters. That case, however, was more serious than this
because there the solicitations were repeatedly made and were more elaborate and
insistent.
Considering his plea for leniency and his promise not to repeat the misconduct, the
Court is of the opinion and so decided that the respondent should be, as he hereby is,
reprimanded.
Yulo, C.J., Moran, Horrilleno, Paras and Bocobo, JJ., concur.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
March 23, 1929
In re LUIS B. TAGORDA,
Duran & Lim for respondent.
Attorney-General Jaranilla and Provincial Fiscal Jose for the Government.
MALCOLM, J.:
The respondent, Luis B. Tagorda, a practising attorney and a member of the provincial
board of Isabela, admits that previous to the last general elections he made use of a
card written in Spanish and Ilocano, which, in translation, reads as follows:
LUIS B. TAGORDA
Attorney
Notary Public
CANDIDATE FOR THIRD MEMBER
Province of Isabela
(NOTE. As notary public, he can execute for you a deed of sale for the
purchase of land as required by the cadastral office; can renew lost documents of
your animals; can make your application and final requisites for your homestead;
and can execute any kind of affidavit. As a lawyer, he can help you collect your
loans although long overdue, as well as any complaint for or against you. Come
or write to him in his town, Echague, Isabela. He offers free consultation, and is
willing to help and serve the poor.)
The respondent further admits that he is the author of a letter addressed to a lieutenant
of barrio in his home municipality written in Ilocano, which letter, in translation, reads as
follows:
The facts being conceded, it is next in order to write down the applicable legal
provisions. Section 21 of the Code of Civil Procedure as originally conceived related to
disbarments of members of the bar. In 1919 at the instigation of the Philippine Bar
Association, said codal section was amended by Act No. 2828 by adding at the end
thereof the following: "The practice of soliciting cases at law for the purpose of gain,
either personally or through paid agents or brokers, constitutes malpractice."
The statute as amended conforms in principle to the Canons of Professionals Ethics
adopted by the American Bar Association in 1908 and by the Philippine Bar Association
in 1917. Canons 27 and 28 of the Code of Ethics provide:
27. ADVERTISING, DIRECT OR INDIRECT. The most worthy and effective
advertisement possible, even for a young lawyer, and especially with his brother
lawyers, is the establishment of a well-merited reputation for professional
capacity and fidelity to trust. This cannot be forced, but must be the outcome of
character and conduct. The publication or circulation of ordinary simple business
cards, being a matter of personal taste or local custom, and sometimes of
convenience, is not per se improper. But solicitation of business by circulars or
advertisements, or by personal communications or interview not warranted by
personal relations, is unprofessional. It is equally unprofessional to procure
business by indirection through touters of any kind, whether allied real estate
firms or trust companies advertising to secure the drawing of deeds or wills or
offering retainers in exchange for executorships or trusteeships to be influenced
by the lawyer. Indirect advertisement for business by furnishing or inspiring
newspaper comments concerning the manner of their conduct, the magnitude of
the interest involved, the importance of the lawyer's position, and all other like
self-laudation, defy the traditions and lower the tone of our high calling, and are
intolerable.
28. STIRRING UP LITIGATION, DIRECTLY OR THROUGH AGENTS. It is
unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare
cases where ties of blood, relationship or trust make it his duty to do so. Stirring
up strife and litigation is not only unprofessional, but it is indictable at common
law. It is disreputable to hunt up defects in titles or other causes of action and
inform thereof in order to the employed to bring suit, or to breed litigation by
seeking out those with claims for personal injuries or those having any other
grounds of action in order to secure them as clients, or to employ agents or
runners for like purposes, or to pay or reward directly or indirectly, those who
bring or influence the bringing of such cases to his office, or to remunerate
policemen, court or prison officials, physicians, hospital attaches or others who
may succeed, under the guise of giving disinterested friendly advice, in
influencing the criminal, the sick and the injured, the ignorant or others, to seek
his professional services. A duty to the public and to the profession devolves
upon every member of the bar having knowledge of such practices upon the part
of any practitioner immediately to inform thereof to the end that the offender may
be disbarred.
Common barratry consisting of frequently stirring up suits and quarrels between
individuals was a crime at the common law, and one of the penalties for this offense
when committed by an attorney was disbarment. Statutes intended to reach the same
evil have been provided in a number of jurisdictions usually at the instance of the bar
itself, and have been upheld as constitutional. The reason behind statutes of this type is
not difficult to discover. The law is a profession and not a business. The lawyer may not
seek or obtain employment by himself or through others for to do so would be
unprofessional. (State vs. Rossman [1909], 53 Wash., 1; 17 Ann. Cas., 625;
Peoplevs. Mac Cabe [1893], 19 L. R. A., 231; 2 R. C. L., 1097.)
It becomes our duty to condemn in no uncertain terms the ugly practice of solicitation of
cases by lawyers. It is destructive of the honor of a great profession. It lowers the
standards of that profession. It works against the confidence of the community in the
integrity of the members of the bar. It results in needless litigation and in incenting to
strife otherwise peacefully inclined citizens.
The solicitation of employment by an attorney is a ground for disbarment or suspension.
That should be distinctly understood.
Giving application of the law and the Canons of Ethics to the admitted facts, the
respondent stands convicted of having solicited cases in defiance of the law and those
canons. Accordingly, the only remaining duty of the court is to fix upon the action which
should here be taken. The provincial fiscal of Isabela, with whom joined the
representative of the Attorney-General in the oral presentation of the case, suggests
that the respondent be only reprimanded. We think that our action should go further
than this if only to reflect our attitude toward cases of this character of which
unfortunately the respondent's is only one. The commission of offenses of this nature
would amply justify permanent elimination from the bar. But as mitigating,
circumstances working in favor of the respondent there are, first, his intimation that he
was unaware of the impropriety of his acts, second, his youth and inexperience at the
bar, and, third, his promise not to commit a similar mistake in the future. A modest
period of suspension would seem to fit the case of the erring attorney. But it should be
distinctly understood that this result is reached in view of the considerations which have
influenced the court to the relatively lenient in this particular instance and should,
therefore, not be taken as indicating that future convictions of practice of this kind will
not be dealt with by disbarment.
In view of all the circumstances of this case, the judgment of the court is that the
respondent Luis B. Tagorda be and is hereby suspended from the practice as an
attorney-at-law for the period of one month from April 1, 1929,
Street, Johns, Romualdez, and Villa-Real, JJ., concur.
Johnson, J., reserves his vote.