Perez V. De La Torre | No. 6160 | March 30, 2006 | Ponente: Ynares-Santiago, J.

Petitioner(s): Nestor Perez

Respondent(s): Atty. Danilo de la Torre

SUMMARY: Petitioner accuses respondent of violating Rule 15.03 for having conflicts of interests. There were 2
accused who were being detained in the municipal jail being suspected of murder and ransom. Respondent told
them that he could secure their freedom if they made an extrajudicial confession owning up to the charges. He did
not inform the two accused however that he was already representing and was the attorney of the victim’s families
when he asked for the confession. Both the investigating officer of the IBP and the SC finds him guilty of conflict of
interest and susends him for 3 years.

DOCTRINE: Rule 15.03 of the Code of Professional Responsibility

FACTS:
 July 30 2006, Complainant Nestor Perez in a letter complaint adressed to Hilario Davide charged Respondent
De La Torre with conduct unbecoming of a lawyer for representing conflicting interests. Perez is the
Barangay Captain of Binanuaanan Calamba Camarines Sur.
 December 2001, Binauunan Calamba. Suspects for Murder and Ransom Among them Sonny Boy Ilo and
Diego Avila were jailed and detained in Municipal Building of Calabanga.
 Respondent went to the Municipal Building and told the two suspects that he could secure their freedom in
exchange for an extra judicial confession.
 Respondent did not inform the two suspects that he the respondent was representing the heirs of the
murder victim. On the basis of the extrajudicial confessions, cases were filed against the accused. The
complainant was also implicated as the mastermind.
 Respondent Claims that accused Avila asked his help and that he assisted him after informing Avila of his
constitutional rights and advising him to consult with his parents.
 The Investigating Comissioner found that there was sufficient proof to find respondent guilty. Respondent
represented the accused while also being retained by the victims family. This was testified by the victims
daughter Vicky De Chavez who admitted that she was there when respondent met with the victims.

ISSUES + RULINGS:
WON the petitioner is guilty of conflict of interest under rule 15.03 of the Code of Professional Responsibility? (Yes)

 There is conflict of interest when a lawyer represents inconsistent interests of two or more opposing
parties. The test is whether on behalf of one client, it is the lawyers duty to uphold one claim and actively
oppose the other.
 There are public policy considerations because the client-attorney relationship is one of trust and good
taste. There must be an avoidance of the appearance of impropriety, since client entrusts all facts and both
strong and weakpoints to his lawyer.
 There is a representation of conflicting interest when the acceptance of a new retainer will seriously injure
the interests of the first client.
 In the case at bar:
-Client was representing both the accused Avila and Ilo as well as the family of the murder victim. Inviting the
suspicion of double dealing and infidelity.
-Did not cross his mind to inhibit himself as counsel and in fact even assisted in the making of the extrajudicial
confession.

FINAL RULING: Decision Affirmed. Atty De La Torre Found Guilty of Violating 15.03 and Suspended for 3 Years.